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2018/11/13.4t, City of Niagara Falls Agenda City Council Meeting Tuesday, November 13, 2018 @ 5:00 PM Council Chambers Page 1. IN CAMERA SESSION OF COUNCIL 4:30 P.M. 1.1. Property Matter/Education 13 Nov 13 2. CALL TO ORDER 2.1. 0 Canada to be sung by Kylie Zwierschke 14 Kylie Zwierschke - Anthem Singer 3. ADOPTION OF MINUTES' 3.1. Minutes of August 14, 2018. 15 - 35 City Council - 14 Aug 2018 - Minutes - Pdf 3.2. Minutes of Special Council Meeting, September 17, 2018 36 - 38 Special Meeting City Council - 17 Sep 2018 - Minutes - Pdf 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. DEPUTATIONS / PRESENTATIONS 6.1. Council Recognition 39 - 41 Mayor Diodati will recognize the following residents for their accomplishments. Page 1 of 751 • Shelley Gautier — UCI Para Cycling Road World Champion • George & Liz Najbert — Canada Games 65+ Mixed Doubles Tennis Champions • Tatum and Carlyn McLean — Dance World Cup European Champions Shelley Gautier George and Liz Najbert Tatum and Carlyn McLean 6.2. Boarding House Study Dana Anderson, lead consultant with MHBC Planning, along with Kelly Martel will make a brief presentation to Council. -AND- PBD-2018-51 - Boarding House Interim Control By-law Study PBD -2018-51, Boarding House Interim Control By-law Study MHBC - Contextual Analysis Recommendations Report MHBC - Executive Summary Correspondence from Lundys Lane BIA 7. PLANNING MATTERS 7.1. Public Meeting AM -2018-020, Zoning By-law Amendment Application Part of Lot 3, Broken Front Concession ( Welland River) Applicant: City of Niagara Falls Proposal: Proposed Single Detached Dwelling Background Report: PBD -2018-65 PBD -2018-65, AM -2018-020, Zoning By-law Amendment, Part of Lot 3, Broken Front Concession (Welland River) 7.2. Public Meeting 26T-11-2018-001 & AM -2018-005 Forestview Draft Plan of Subdivision and Official Plan and Zoning By- law Amendment Application 42 - 244 245 - 255 256 - 281 Page 2of751 7625 Garner Road and 8990 and 9098 McLeod Applicant: River Realty Development ( 1976) Inc. Agent: Upper Canada Consulting ( Craig Rohe) Background Report: PBD -2018-67 PBD -2018-67, AM -2018-005 & 26T-11-2018-001, Forestview Correspondence from Ralph Terrio 7.3. Public Meeting 26CD-11-2018-09, Proposed Plan of Condominium ( Standard) 7711 Green Vista Gate Applicant: Upper Vista Niagara Falls Development Corp. c/o Carol Han Agent: David Tang, Partner - Miller Thomson, LLP Background Report: PBD -2018-71 PBD -2018-71, 26CD-11-2018-009, Proposed Plan of Condominium, 7711 Green Vista 8. REPORTS 282 - 295 8.1. F-2018-31 - Monthly Tax Receivables Report- July 296 - 299 F-2018-31 - Tax Receivables Monthly Report (July) F-2018-31 - Attachment 8.2. F-2018-32 - Monthly Tax Receivables Report - August 300 - 303 F-2018-32 - Tax Receivables Monthly Report (Aug) F-2018-32 - Attachment 8.3. F-2018-33 - Monthly Tax Receivables Report - September 304 - 307 F-2018-33 - Tax Receivables Monthly Report (Sept) F-2018-33 - Attachment 8.4. F-2018-34 - Municipal Accounts 308 - 344 F-2018-34 Municipal Accounts F-2018-34 Attachment Page 3of751 8.5. F-2018-35 - Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 F-2018-35 Cancellation Reduction or Refund of Taxes F-2018-35 Attachment 345 - 348 8.6. IS -2018-02 - Naming and Renaming of Parks and Streets 349 - 351 IS -2018-02 Naming and Renaming of Parks and Streets 8.7. MW -2018-23 - N.S. & T Trail and Signage Project 352 - 362 MW -2018-23 - NS&T Trail & Signage Project MW -2018-23 - Attachment 1 8.8. MW -2018-24 - Intelligent Incident Cameras ( Dash Cameras) Municipal Vehicles MW -2018-24 - Intelligent Incident Cameras (Dash Cameras) - Municipal Vehicles 8.9. MW -2018-25 -Bukator Drive and Rapids View Drive - Sewer Separation Project Update MW -2018-25 - Attachment #1 Technical Memo MW -2018-25 - Bukator Dr & Rapids View Dr - Sewer Separation Project Update 363 - 365 366 - 375 8.10. MW -2018-26 - Kalar Road Widening Dedication 376 - 379 MW -2018-26 Kalar Road Widening Dedication MW -2018-26 - Attachment 1 - SCHEDULE A MW -2018-26 - Attachment 2 - SCHEDULE B 8.11. MW -2018-27 - New South End Bulk Water Station MW -2018-27 New South End Bulk Water Station - Engineering Design MW -2018-27 - Attachment 1 MW -2018-27 - Attachment 2 - Capital Budget worksheet 8.12. MW -2018-28 - Robinson St. Bridge Removal and Municipal Class EA Projects MW -2018-28 - Robinson St. Bridge Removal & Municipal Class EA 380 - 383 384 - 391 Page 4of751 Projects MW -2018-28 - Attachment #1 MW -2018-28 - Attachment 2 - Capital Budget worksheet 8.13. PBD -2018-66 - PLC -2018-005, Request for Removal of Part Lot Control Lot 67, Plan 59M-447. North Side of Tallgrass Avenue, West of Emerald Avenue, Chippawa West Phase 2, Stage 4 Plan of Subdivision. Applicant: L H (Niagara) Ltd. (Lancaster Homes) PBD -2018-66, PLC -2018-005, Req Removal of Part Lot Control Chippawa West Phase 2 Stage 4 392 - 395 8.14. PBD -2018-68 - Matters Arising from Municipal Heritage Committee, 396 - 398 2018 Designated Property Grant. Repointing of Small Stone Building. 2358 Portage Road PBD -2018-68, Matters Arising from MHC, 2358 Portage Rd., Repointing of Small stone building 8.15. PBD -2018-69 - Information Report related to B-2018-005 & DB -2018- 399 - 403 003. Applicant: Habitat for Humanity. Proposal: Future Residential Development Request from Frank De Luca to speak PBD -2018-69, Information Report related to B-2018-005 and DB -2018- 003 8.16. PBD -2018-70 - SPC -2017-019, Application for Site Plan Approval, 404 - 414 6740 Marshall Road. Owner: LKQ Canada Auto Parts Inc. Rocky Vacca &/or Margaret Piroski would like to address Council with respect to this report and impact the subject property has on the neighbouring farm operations. PBD -2018-70, SPC -2017-019, LKQ Canada Auto Parts, 6740 Marshall Road Correspondence from Rocky Vacca, Sullivan Mahoney 8.17. R&C-2018-16 - 2019 Niagara Falls Canada Day Celebration 415 - 418 R&C-2018-16 - 2019 Niagara Falls Canada Day Celebration R&C-2018-16 - Attachment #1 - 2019 Niagara Falls Canada Day Page 5of751 Celebration.docx 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Town of Fort Erie and City of St. Catharines Resolutions - The Right 419 - 422 of Passage Act resolution was passed and Council asked that it be circulated to the area municipalities for information and support. RECOMMENDATION: For Council Information, refer to staff. Ford -Right of Passage Notification - Premier Ford - Right of Passage 9.2. Community of Sant' Egidio -A request to proclaim November 30, 2018 423 - 427 as " Cities for Life - Cities against the Death Penalty". RECOMMENDATION: For the Consideration of Council Cities for Life 9.3. Town of Pelham - Has endorsed a Notice of Motion re: NPCA Board and requested that it be circulated to Council for endorsement and support. RECOMMENDATION:For the Information of Council Town of Pelham Resolution - Notice of Motion re NPCA Board 9.4. Jewish Festival - Request for a waiver of fees to close a section of Allendale Avenue to facilitate the fireworks display during Jewish Festival which took place October 9, 2018. RECOMMENDATION: For the Consideration of Council Jewish Festival 428 - 430 431 - 437 9.5. Royal Canadian Legion - Parade of Veterans for District Convention 438 - 439 taking place Sept 30, 2018 and the Legion is requesting a waiver of fees road Closure. RECOMMENDATION: For the Consideration of Council Royal Canadian Legion 9.6. Correspondence from the Township of Amaranth - A resolutions was 440 passed re: Licensing Process to take water for Commercial Water Bottling Facilities and circulated to all municipalities for information. Page 6of751 RECOMMENDATION: For the Information of Council Licensing Process to Take Water for Commercial Water Bottling Facilities 9.7. Recycling Council of Ontario - Request that October 15-21, 2018 be 441 - 445 'officially' proclaimed as "Waste Reduction Week in Canada". Correspondence was shared with the Recyling Council of Ontario that Council was not meeting until after the affected dates, however an official proclamation would be appreciated. RECOMMENDATION: For the Approval of Council Waste Reduction Week in Canada 9.8. Weinman Limited - has requested a noise exemption for construction 446 work to be carried out along the QEW @ Lundy's Lane and at McLeod Road starting in mid November for a limited number of days. RECOMMENDATION: For the Consideration of Council Noise Exemption for Niagara Falls 9.9. PH Canada - November 2018 be proclaimed as " Pulmonary 447 - 448 Hypertension Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council PH Awareness Month 9.10. Latvian 100 Event - Request for a proclamation to commemorate their 449 - 450 Centennial Anniversary on November 17, 2018 which is being held at the Crown Plaza. RECOMMENDATION: For the Approval of Council Latvia 100 Event 9.11. Town of Aurora - adopted a resolution regarding the Greenbelt Protection and requested it be circulated to area municipalities for information. RECOMMENDATION: For the Information of Council Premier -Aurora Motion -Greenbelt Protection 451 - 453 9.12. Niagara Peninsula Conservation Authority - Policy document has 454 - 601 been forwarded to area municipalities for information. Page 7of751 RECOMMENDATION: For the Information of Council Niagara Peninsula Conservation Authority 9.13. City of Thorold Correspondence - adopted a resolution re: NPCA 602 Supervisor Appointment. RECOMMENDATION: For the Information of Council Appointment of NPCA Supervisor 9.14. Niagara Region Correspondence - Resolution supported re: Universal 603 - 653 Support Person Pass, Inter -Municipal Transit Service; and circulated to area municipalities for information. RECOMMENDATION: For the Information of Council Niagara Region Correspondence - Inter -Municipal Transit Service 9.15. Niagara Region Metis Council - Louis Riel Day celebrations, request 654 - 655 for flag raising from November 9-19, 2018. RECOMMENDATION: For the Approval of Council Niagara Region Metis Council 9.16. Niagara Region - Passed recommendations re: Regional Incentive 656 - 661 Delivery and Eligibility in 2019; and asked that it be forwarded to all local municipalities. RECOMMENDATION: For the Information of Council Regional Incentive Delivery and Eligibility in 2019 9.17. Niagara Region - 2017 Reserve Water and Wastewater Treatment 662 - 670 Capacities RECOMMENDATION: For the Information of Council Niagara Region - 2017 Reserve Water & Wastewater Treatment Capacities 9.18. Niagara Regional Housing -Copy of the Niagara Regional Housing 671 - 688 Quarterly Report, April 1 - June 30, 2018. RECOMMENDATION: For the Information of Council NRH 2nd Quarter Report Page 8of751 9.19. Vista Pyrotechnics - requesting approval for the annual New Year's 689 Eve fireworks display at the Skylon tower. RECOMMENDATION: For the approval of Council, subject to the appropriate insurance requirements. Skylon Tower Fireworks 9.20. Niagara Parks Commission - In order for the NPC to obtain their Special Occasion Permit for their New Year's Eve Show, they are looking to City Council to declare the event as one of municipal significance. RECOMMENDATION: For the Consideration of Council New Year's Eve - SOP event 690 - 692 9.21. The Bridgeton Group Inc. - A New Paradigm in Affordable Seniors 693 - 702 Living, a possible solution to waiting lists. RECOMMENDATION: Refer to Staff Joy Living Communities 9.22. Matthew Daniele Memorial - Request for Council support in the amount of $500 ( cost of purchasing a table). The event took place November 3, 2018 at John -Michael's Banquet Centre. RECOMMENDATION: For the Consideration of Council Matthew Daniele Memorial 703 9.23. CARP — Canadian Association for Retired Persons, is requesting that 704 Council establish an Age -Friendly Niagara Falls Citizens Advisory Committee (or "Older Adult Advisory Committee"), and that the executive board of CARP Niagara Chapter 31 participate on said committee. REC: For the Consideration of Council CARP 9.24. Project SHARE - Requesting the use of 3 City buses and the waiver fees on December 1st and 2nd for their North vs.South Canadian Tire and Food Basics Challenge. RECOMMENDATION: For the Consideration of Council Projects SHARE - North vs South challenge 705 - 707 Page 9of751 Email from Mathew Bilodeau 9.25. Girls Night Out, sponsored by Positive Living Niagara: This special 708 event will be taking place on Saturday November 24, 2018 "Cat and Monkey Events", 4548 Queen Street. The event is expecting to attract 50 to 70 guests in an effort to support the LGBT community. The request of Council is to recognize the evening as a public event of municipal significance in order to obtain a Special Occasion Liquor Licence from the AGCO. RECOMMENDATION: For the Consideration of Council Letter of Municipal Significance 9.26. Niagara District Airport — External Auditor, Dan Pilon, Niagara District 709 - 711 Airport CEO, is requesting that the external auditor, namely Crawford Smith & Swallow, be retained for another year. RECOMMENDATION: For the Consideration of Council Letter Auditor - Niagara District Airport NDA - External Auditor 10. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2018-117 - A by-law to designate a portion of the property known as 2358 Portage Road, also known as "The Halfway" being a part of PIN 64274-0307 (LT) and being further described as Part of Township Lot 24 Stamford designated as Part 1 & 2 on 59R16232; the City of Niagara Falls, to be of cultural heritage value and interest. 2358 Portage Road Designating By-law 2018-118 - A by-law to amend By-law No. 79-200, to permit an apartment building and townhouse dwellings on the Lands and to repeal By-law No. 2008-83 (AM -2017-010). AM -2017-010 By-law 712 - 716 717 - 719 2018-119 - A by-law to provide for the adoption of Amendment No. 131 720 - 721 to the City of Niagara Falls Official Plan (AM -2017-010) OPA 131 By-law Page 10 of 751 2018-120 - A by-law to amend By-law No. 79-200, to permit the development of two apartment dwellings on part of the Lands, to protect a wooded gully on balance of the Lands and to repeal By-law No. 2011- 143 (AM -2017-014). AM -2017-014 By-law AM -2017-014 Schedule 1 722 - 724 2018-121 - A by-law to amend By-law No. 79-200, to permit apartment 725 - 727 dwellings on the Lands (AM2018-013). AM -2018-013 By-law AM -2018-013 Schedule 1 2018-122 - A by-law to amend By-law Nos. 395, 1966 and 79-200, to permit a single detached dwelling and to protect a Provincially Significant Wetland on the Lands and to repeal By-law No. 2018-94 (AM -2018-020). AM -2018-020 By-law AM -2018-020 Schedule 1 728 - 730 2018-123 - A by-law to designate Lot 67, Registered Plan 59M-447, not 731 be subject to part -lot control (PLC -2018-005). PLC -2018-005 By-law 2018-124 - A by-law to amend By-law No. 2002-081, being a by-law to 732 - 733 appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2018 Nov 13 By-law Enforcement Officers 2018-125 - A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. Fire Route By-law Amendment (B-100) 2018-126 - A by-law to authorize the execution of an Amending Agreement with the Minister of Economic Development, Job Creation and Trade (formerly the Minister of Economic Development and Growth), respecting amendments to the original Agreement regarding the Summer Company program Execution of Amending Agreement - Province - Summer Company Program 734 - 741 742 - 747 Page 11 of 751 2018-127 - A by-law to permanently close part of a highway being part 748 of Warren Woods Avenue. By -Law to Close Part of Warren Woods Ave 2018-128 - A by-law to amend By-law 2017-146 that adopted a Schedule of Meetings. 2018 Schedule of Meetings By-law- Amendment 749 2018-129 - A by-law to authorize the payment of $91,576,795.34 for 750 General Purposes 10 - Municipal Accounts 181113 2018-130 - A by-law to adopt, ratify and confirm the actions of City 751 Council at its meeting held on the 13th day of November, 2018. 11 13 18 11. NEW BUSINESS 12. ADJOURNMENT Page 12 of 751 The City of Niagara Falls, Ontario Resolution November 13, 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 of the Municipal Act, 2001. THEREFORE BE IT RESOLVED that on November 13, 2018 at 4:30 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)(f), advice that is subject to solicitor -client privilege. ALSO THAT IT BE RESOLVED that on November 27, 2018 at 5:00 p.m., Niagara Falls City Council will go into a closed meeting to consider matters that fall under s. 239(3.1), for the purpose of educating or training the members. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI ACTING CITY CLERK MAYOR Page 13 of 751 Kylie Zwierschke (Zawoorski) is 9 years old and a grade 4 student at Holy Name Catholic School in Welland. Kylie has been a student at Music Depot for the past 4 years under the musical guidance and instruction of Erin Currie and Jack Mitchell. She is also a member of the performance team as a soprano singer. Her and the band have been so impressive that they have been asked to perform at Walt Disney World next August! Along with singing Kylie enjoys drama and has been part of 6 musical plays in the last 3 years with Linus Hand Productions. Currently Kylie is rehearsing for the role of "Chip" in this winters production of "Beauty and the Beast" playing at the Niagara Falls Scotiabank Convention Center this December... one of her bigger roles yet! Kylie enjoys singing, acting, drawing, bike riding, swimming and writing short stories. Page 14 of 751 Niagara aA NAs CIlO COUNCIL PRESENT: MINUTES City Council Meeting Tuesday, August 14, 2018 Council Chambers 5:00 PM Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Kim Craitor, Councillor Carolynn loannoni, Councillor Vince Kerrio, Councillor Joyce Morocco, Councillor Victor Pietrangelo, Councillor Mike Strange, and Councillor Wayne Thomson COUNCIL ABSENT: COUNCIL LATE: 1 IN CAMERA SESSION OF COUNCIL 3:30 P.M. a) In Camera Resolution ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Joyce Morocco that Council enter into an In Camera session. Councillor Craitor was opposed Councillor loannoni, Councillor Pietrangelo and Mayor Diodati were absent from the vote. 2 CALL TO ORDER a) 0 Canada sung by Milana Abbruscato. 3 ADOPTION OF MINUTES a) Council Minutes of July 10, 2018. Councillor Morocco to show as being absent July 10,2018 and declaring a conflict to cheque number 416238, AMO expense. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Joyce Morocco that the minutes of July 10, 2018 be approved. Carried Unanimously Page 1 of 21 Page 15 of 751 City Council August 14, 2018 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. a) Councillor Thomson indicated a conflict with report PBD -2018-61. b) Councillor Pietrangelo indicated a pecuniary interest to a wire transfer 00161004, made out to the Niagara Catholic School Board and to report PBD -2018-55, a member of his family owns property near by. c) Councillor Craitor indicated a pecuniary interest, cheque number 417147, made payable to himself. d) Councillor Kerrio indicated a conflict pertaining to the Boyers Creek Municipal Drain. 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Acting Mayor Vince Kerrio extended condolences to Stephanie Young, city employee, on the passing of her step -mother Susan York Jones; and to retired firefighter Brian Biggins on the passing of his wife, Sheri Biggins. Acting Mayor Vince Kerrio advised of recent events: Heater's Hero's event; and Terry Fox Fundraising BBQ took place on August 15th at City Hall. The next Council meeting is scheduled for November 13, 2018. 6 DEPUTATIONS / PRESENTATIONS a) British Canadian Veterans Association Acting Mayor Vince Kerrio recognized the BCVA for the donation made to the 1812 Lundy's Lane Battlefield Redevelopment Project last year. b) Wellspring Niagara Ann Mantini - Celima Co -Founder & Executive Director and Joe Matthews Co -Chair Board of Directors informed Council of the new Regional Cancer support centre being built to better serve the residents of Niagara and the Help Us Build Hope Campaign. Page 2 of 21 Page 16 of 751 City Council August 14, 2018 c) Team Niagara Lymphoma Awareness Tiffany Aello addressed Council about the fundraising and awareness initiatives of Team Niagara Lymphoma. d) Canadian Gymnastics Gold Medalist Acting Mayor Vince Kerrio recognized Ava Pietrangelo who competed and won gold on the vault in the 2018 Canadian Artistic Gymnastics Championships held in Waterloo, Ontario. e) Rapids Atom A Girls Hockey The Rapids Atom A girls hockey team were recognized for becoming Bronze Medalists and presented with awards. f) Nick Golia, Project Manager for the City made a short presentation regarding the Boyers Creek Municipal Drain. MW -2018-14 - Boyers Creek Municipal Drain, Final Engineer's Report The report recommends the following: 1. That City Council adopts the Engineer's Report on the Boyer's Creek Municipal Drain prepared under the authority of section 4 & 78 of the Drainage Act, R.S.O. 1990, c. D.17. and further, 2. That the City gives two readings to the by-law (provisional) which will initiate the appeal process. Henry Scultz, 1400 Sodom Road, would like to see it close. Andrew, 3980 Netherby Road, is not in favor. 4312 Netherby Road, is not in favor. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously Page 3 of 21 Page 17 of 751 g) City Council August 14, 2018 Development of Reilly Street End in Chippawa Mr. Jay Mason made a brief presentation on behalf of Mr. John Bevan regarding building a dwelling on lands located on the Reilly Street End in Chippawa. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that staff investigate the possibility of having Fortis move their wires to comply with the required setback and that any remaining encumbrance, not cross the center line that splits the hazard and the R2 designation. Conversely, if the required setback from the existing wires be waived to allow for the construction of the proposed dwelling, then the movement of the wires may not be necessary. Lastly, that the City extend Mr. Bevan's lease by a 10 year period. Carried Unanimously 7 PLANNING MATTERS a) Public Meeting AM -2017-011, Official Plan & Zoning By-law Amendment Application 5471, 5491 and 5507 River Road, 4399, 4407, 4413 and 4427 John Street and Part of River Lane Proposal: Apartment Building Consisting of Two Towers Applicant: 5507 River Development Inc. (Mike Wang) Agents: Italia Gilbert', Broderick and Partners Ryan Guetter, Weston Consulting Background Report: PBD -2018-60 Deferral Request - See letter on behalf of Weston Consulting ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Joyce Morocco that the Public meeting AM -2018-017 be deferred. Carried Unanimously b) Public Meeting AM -2017-010 and 26CD-11-2017-006 Official Plan and Zoning By-law Amendment Application Draft Plan of Vacant Land Condominium South Page 4 of 21 Page 18 of 751 City Council August 14, 2018 Side of Marineland Parkway opposite Ailanthus Avenue Applicant: Land Ridge Development Inc. (Vince Vocella) Agent: Michael Sullivan, Sullivan Planning Background Report: PBD -2018-57 Steven Porter, 5726 Deerbrook Street,expressed his comments on the proposed application. Ms. DeGiuseppe, Environmental Consultant, representing Washington Mills, advised that Washington Mills is a heavy industrial facility that operates 24 hours a day, 7 days a week. The owners are opposed to the application. Tom Ferguson, 7777 Stanley Avenue. Salit Steel, is opposed to application. Michael Sullivan, Sullivan Planning, representing the applicant, provided an overview of the proposed development. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the report be approved. Motion Carried with Councillors Craitor, loannoni and Morocco opposed. c) Public Meeting AM -2018-017, Zoning By-law Amendment Application 9889 Montrose Road Proposal: South Niagara Hospital Applicant: City of Niagara Falls Background Report: PBD -2018-55 The Director of Planning and Development provided an update on the application. The Public meeting was Closed. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Page 5 of 21 Page 19 of 751 City Council August 14, 2018 Carried Unanimously d) Public Meeting AM -2017-014, Zoning By-law Amendment Application Swayze Drive West of CN Railway Proposal: Two, 4 -Storey Apartment Buildings Applicant: Niagara Olympia Homes (George Bandi) Background Report: PBD -2018-52 The Public Meeting was Closed. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously e) Public Meeting AM -2018-013, Zoning By-law Amendment Application 8004 Lundy's Lane Proposal: Convert Motel into a 52 Unit Apartment Building Applicant: 2351188 Ontario Inc. (Bernie Peters) Agent: Frank lerfino Background Report: PBD -2018-50 The Public Meeting was Closed. ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Kim Craitor that the report be approved as recommended. Carried Unanimously f) Public Meeting AM -2018-015, Zoning By-law Amendment Application Part 11, 12 and 15, 59R16028, Montrose Business Park Applicant: Ruth -Ann Nieuwesteeg (Patterson Funeral Home) Page 6 of 21 Page 20 of 751 g) City Council August 14, 2018 Owner: City of Niagara Falls Proposal: To add Funeral Establishment, Cemetery, Crematorium, Columbarium and Scattering Ground to the List of Permitted Uses Background Report: PBD -2018-54 John Beam, 8891 Mountain Road, is in favor of application. Peter Lesdow, agent for applicant, was in favor of staff report and recommendations. The Public Meeting was Closed. that the report be approved as recommended. Carried Unanimously Public Meeting 26CD-11-2018-007 Legends Phase 1 Plan of Vacant Land Condominium 8960 Willoughby Drive Applicant: 800460 Ontario Inc. (Fred Costabile) Background Report: PBD -2018-59 Jennifer Vida, representing applicant, was in agreement with staff report, requesting omission of condition # 33. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn loannoni that the report be approved with the omission of condition # 33. Carried Unanimously 8 REPORTS a) MW -2018-16 - Chippawa Public Boat Dock, Additional Funding Request ORDERED on the motion of Councillor Wayne Thomson, Seconded by Page 7 of 21 Page 21 of 751 City Council August 14, 2018 Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously b) MW -2018-17 - Update: Emergency Third Avenue Sewer and Watermain Replacement, Jepson Street to McRae Street ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously c) MW -2018-18 - Eton Crescent Sewer Separation and Watermain Replacement, Tender Award - Contract No. 2018-454-17 ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously d) MW -2018-19 - Mewburn Road Bridge Replacement Project Update ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn loannoni that the report be approved as recommended. Carried Unanimously e) MW -2018-20 - Approval of Cemetery By-law Amendments ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously f) MW -2018-21 - Request for Proposal for Contract Services Award, Niagara Falls State of Good Repair Program - City Wide Sanitary System Flushing and CCTV Inspection ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that the report be approved as recommended. Page 8 of 21 Page 22 of 751 g) City Council August 14, 2018 Carried Unanimously CAO -2018-003 - The Centre for Applied Artificial Intelligence in Health Care- Niagara Falls ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously h) CAO -2018-004 - Habitat for Humanity - Bellevue Street and Fourth Avenue ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Carolynn loannoni that the report be approved as recommended. Carried Unanimously i) F-2018-29 - Monthly Tax Receivables Report - June ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Kim Craitor that the report be approved as recommended. 1) Carried Unanimously F-2018-30 - Municipal Accounts ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously k) PBD -2018-41 - Matters Arising from Municipal Heritage Committee, Request to Designate 2358 Portage Road ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously I) PBD -2018-48 Revitalization Grant Application — DRU -2018-001 5820 Page 9 of 21 Page 23 of 751 City Council August 14, 2018 Robinson Street Applicant: Feng Han, CEO, Director of 1746362 Ontario Corp. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously m) PBD -2018-49 - DB -2018-003, Deeming By-law Application Lot 135, Plan 226, Hawkins Street Applicant: Habitat for Humanity Proposed Residential Development ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn loannoni that the report be approved as recommended. Motion Carried with Councillor Pietrangelo opposed. n) PBD -2018-53 Request to Niagara Region, Urban Boundary Expansion ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously o) PBD -2018-56- GTY-2018-001, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application 4757 Kent Avenue Hamill Machine Company Inc. p) ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously PBD -2018-61 - AM -2003-020, Zoning By-law Amendment Application 5896 Dunn Street and 6046 Dunn Street Applicants: 2100422 Ontario Ltd. and 2251351 Ontario Inc. Removal of Holding (H) Regulations ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that the report be approved as recommended. Page 10 of 21 Page 24 of 751 q) City Council August 14, 2018 Motion Carried with Councillor Thomson declaring a conflict PBD -2018-62 - Modification to Draft Plan Approval for Warren Woods Phase 5 Subdivision East Side of Garner Road North of Brown Road Applicant: 1340258 Ontario Inc. (Robert O'Dell/Charles Lovracs) Agent: Upper Canada Consulting (Jennifer Vida) ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously r) PDB -2018-63 AM -2017-005, City Initiated Official Plan and Zoning By-law Amendments Vacation Rental Units and Bed and Breakfasts ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Motion Carried with Councillor loannoni opposed s) PBD -2018-64 PLC -2018-004, Request for Removal of Part Lot Control Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37, Plan 59M- 447 Chippawa West Phase 2 - Stage 4 Plan of Subdivision Applicant: Upper Canada Consultants ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously t) R&C-2018-14 - 2018 Arts & Culture Wall of Fame Inductees and Update ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously u) R&C-2018-15 Recreation Software ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Page 11 of 21 Page 25 of 751 City Council August 14, 2018 Carried Unanimously v) TS -2018-20 Summer Street — Parking Review ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously w) TS -2018-21 - Transit Services Agreement with the Town of Fort Erie (September 2018 to April 2019) ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously x) TS -2018-22 Transit Services Agreement with the Niagara College Student Administrative Council (September 1, 2018 to August 31, 2019) y) ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously TS -2018-23 Snow Plowing & Salting/Sand and Snow Hauling of Municipal Parking Lots Contract Award ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously z) TS -2018-24 Transit Services Agreement with the Regional Municipality of Niagara (September 1, 2018 to April 30, 2019) ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 9 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Page 12 of 21 Page 26 of 751 City Council August 14, 2018 a) Clawback Percentages and Municipal Tax Adjustments - Correspondence from the Region that has asked to be circulated to local area municipal Councils for information. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Thomson to receive and file the communication. Carried Unanimously b) Cannabis Odour Enforcement - Correspondence from the Town of Pelham that has asked to be circulated to local area municipalities to consider endorsement. RECOMMENDATION: For Council's Consideration ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Joyce Morocco that the communication be received. Carried Unanimously c) Niagara Falls International Marathon - Correspondence from Diane Chesla, Race Director of the Niagara Falls International Marathon, ask for Council's assistance with shuttle service for both the participants and spectators. Additionally, assistance with road closure permit fees is requested. RECOMMENDATION: For Council's Consideration ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously d) Niagara Falls Oktoberfest 2018 - Applying for a Special Occasion Permit and designating event as "municipally significant". RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the communication be approved. Page 13 of 21 Page 27 of 751 City Council August 14, 2018 Carried Unanimously e) Brother and Sister Community Day - that August 26, 2018 be declared as the official " Brother and Sister Community Day". 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 f) Prostate Cancer - that September 2018 be declared "Prostate Cancer Awareness Month" in the City of Niagara Falls. g) RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously The Amanda Todd Legacy - Request that October 10th be proclaimed as " World Mental Health Day", in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Joyce Morocco that the communication be approved. Carried Unanimously h) Queen Street Cruisers — Cruise for a Cause: Celebrate Old Downtown is requesting relief of costs associated with their Road Use Permit for a fundraising event to be held September 1, 2018. RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously Page 14 of 21 Page 28 of 751 City Council August 14, 2018 i) Recovery 2018 Niagara - Request that September 16, 2018 be proclaimed as " Recovery Day" in the City of Niagara Falls. j) RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Thomson that the communication be approved. Carried Unanimously ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Thomson WHEREAS the City of Niagara Falls previously supported the opening/creation of safe injection sites; and WHEREAS the opiod crisis is worldwide and everyday people are dying; and WHEREAS addiction is a complex, devastating condition and addiction services cannot meet the needs of th eproblem, which is the case in the Niagara Region; and WHEREAS the City of St. Catharines was set to open a much needed safe injection site that has now been cancelled by this new conservative government, leaving the lives of thousands of Niagara area residents that may have had their lives saved by the only Niagara Region safe injection site at risk; and THEREFORE be it resolved that the City of Niagara Falls requests that the province put the lives of those struggling with addiction as a priority and allow the opening of the St. Catharines Safe injection site to open as planned. Carried Unanimously Downtown BIA - Requesting access to CIP Funds for local improvements RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously Page 15 of 21 Page 29 of 751 City Council August 14, 2018 10 RESOLUTIONS a) WHEREAS Council determined that the proposed change to the conditions of approval of the Warren Woods Phase 5 Plan of Subdivision would permit 1340258 Ontario Inc. to divide a proposed block into two blocks in order to dedicate one block to the City of Niagara Falls to partially fulfill parkland dedication requirements and retain the second block for future development. THEREFORE BE IT RESOLVED that subject to subsection 51(47) of the Planning Act, 1990 R.S.O Council deems the change in the conditions of approval of the Warren Woods Phase 5 Plan of Subdivision minor and exempts the requirement for circulating a written notice. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the resolution be approved. Carried Unanimously b) WHEREAS the modification does not change Council's approval, as summarized in report PBD -2018-63. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O. 1990, that the change to the proposed Zoning By-law for application number AM -2017-005 regarding a City initiated amendment for Bed and Breakfasts is minor in nature and does not require any further notice. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the resolution be approved. Carried Unanimously 11 RATIFICATION OF IN -CAMERA REPORTS BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. A By-law to provide for drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara, known as the Boyer's Creek Municipal Drain. Page 16 of 21 Page 30 of 751 City Council August 14, 2018 A by-law to amend By-law No. 2003-164 to remove the holding symbol (H) on the Lands on the south side of Dunn Street, west of Ailanthus Avenue, to permit the maximum number of parking spaces that can be provided on the Lands to be increased from 1,360 parking spaces to 1,651 parking spaces (AM -2003-020). A by-law to provide for the adoption of Amendment No. 127 to the City of Niagara Falls Official Plan (AM -2017-005). A by-law to amend By-law No. 79-200; By-law No. 1538, of the former Township of Crowland, now the City of Niagara Falls; and By-law No. 395, of the former Township of Willoughby, now the City of Niagara Falls, to introduce new definitions and regulatory provisions respecting Bed and Breakfasts (AM -2017-005). A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions respecting Vacation Rental Units (AM -2017-005). A by-law to amend By-law No. 79-200, to add a gasoline bar to the list of uses permitted on the Lands (AM -2017-012). A by-law to amend By-law Nos. 395, 1966 and 79-200, to permit a single detached dwelling and to protect a Provincially Significant Wetland on the Lands (AM -2017-022). A by-law to amend By-law No. 79-200, to permit the use of the Lands for 31 townhouse dwelling units and 8 quadruplex dwelling units (AM -2018- 008). A by-law to amend By-law No. 79-200, to permit the use of the Lands for 38 townhouse dwelling units (AM -2018-008). A by-law to amend By-law No. 79-200, to permit the use of the Lands for 37 townhouse dwelling units (AM -2018-008). A by-law to amend By-law No. 79-200, to permit the use of the Lands for a 6 unit apartment dwelling (AM -2018-010). A by-law to amend By-law Nos. 1538 and 79-200, to allow an increase in the building height for the proposed hospital and to protect a Provincially Significant Wetland on the Lands (AM -2018-017) A by-law to designate Lot 135, Plan 226, to be deemed not to be within Page 17 of 21 Page 31 of 751 City Council August 14, 2018 a registered plan of subdivision (DB -2018-003). A by-law to designate Lots 79 and 80, Plan 193, to be deemed not to be within a registered plan of subdivision (DB -2018-004). A by-law to designate Lots 142, 143, 144, and Part Lot 145, Plan 1002, to be deemed not to be within a registered plan of subdivision (DB -2018- 005). A by-law to authorize the execution of an Agreement with Niagara Falls Canada Hotel Association Inc, respecting the funds generated by the Transient Accommodation Tax. A by-law to establish a Municipal Accommodation Tax. A by-law to designate Lots 60, 61, 62, 63, 64, 65 and 68, Registered Plan 59M-447, not be subject to part lot control (PLC -2018-003). A by-law to authorize the execution of an Agreement with Niagara Region, for the collection of U -Pass Fees from the Brock University Students Union on behalf of The City of Niagara Falls, Transit Services. A by-law to authorize the payment of $26,296,569.14 for General Purposes. 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. A by-law to designate Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37, Registered Plan 59M-447, not be subject to part -lot control (PLC -2018- 004). A by-law to amend By-law No. 2018-34 to remove the holding symbol (H) on the Lands on the south-east corner of Willoughby Drive and Weinbrenner Road, to permit the use of the Lands for uses permitted under a R4 zone. (AM -2017-021) A by-law to amend By-law No. 79-200 to add a crematorium and a funeral establishment to the list of permitted uses on the Lands (AM - 2018 -015). A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of August, 2018. Page 18 of 21 Page 32 of 751 City Council August 14, 2018 12 NEW BUSINESS a) Niagara Falls Community Cats ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that staff assist with locating a new space for the group to expand their cat shelter and to have staff assist by advertising, as well as making a $5000.00 donation to the shelter Carried Unanimously b) Homelessness ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that a resolution be sent to the Provincial, Federal and Regional government to look into the homelessness problem, coordinate programs and work to resolve the issue. Carried Unanimously c) Regional CAO ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Carolynn loannoni WHEREAS Niagara Falls City Council unanimously passed a resolution on April 10, 2018 that Council supports the Regional review of the hiring process of the Chief Officer (CAO) and that the results of the reviewbe reported on within this tern of Council; and WHEREAS since the passing of the resolution, the St. Catharines Standard has published a number of articles that call into question the C.A. O. selection process; and WHEREAS the articles indicated that the current CAO was provided internal information while a candidate for the position that gave him an unfair advantage; and WHEREAS these revelations have eroded public trust in Niagara, at the Regional government level; and WHEREAS a Special Regional Council meeting has been called for Thursday, August 23, 2018 to deal with the issue. Page 19 of 21 Page 33 of 751 City Council August 14, 2018 THEREFORE BE IT RESOLVED that Niagara Falls City Council support the call for the Chief Administrative Officer (CAO) to resign, to reestablish public trust at the Regional Municipality of Niagara. Motion Carried with Councillor Thomson and Strange opposed. Councillor Pietrangelo absent for vote d) Rapidsview property ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Thomson that staff come back with an update report. Carried Unanimously e) Arts & Culture Wall of Fame Inductions ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Kim Craitor that the 2018 Arts & Culture Wall of Fame add an additional recipient beyond the three recommended by the Arts, Culture and Museum Committee. That a fourth recipient, Antoine Gaber, Artistic Director of the Water for Life Exhibition at the Niagara Falls Museum be included in the 2018 Arts & Culture Wall of Fame. Carried Unanimously f) Brookfield Ave ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Brookfield Ave be included in the boundaries of the Lundy's Lane CIP. Carried Unanimously g) Street Lights ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor That the backlog of street lights needing to be replaced be included in this year's budget. h) Willowdale Road Carried Unanimously Page 20 of 21 Page 34 of 751 City Council August 14, 2018 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that staff report back to Council and outline the site alteration process Carried Unanimously i) Provincial Growth Plan - City's Official Plan ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Joyce Morocco That the City refer to the Region for discussion with other municipalities for a possible solution to be forwarded to the Provincial Government. Carried Unanimously 13 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Thomson that the meeting be adjourned at 10:10 p.m. Carried Unanimously CAO Mayor Page 21 of 21 Page 35 of 751 Niagara aA NAOIls C COUNCIL PRESENT: MINUTES City Council Meeting Monday, September 17, 2018 Council Chambers 4:00 PM Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Kim Craitor, Councillor Joyce Morocco, Councillor Victor Pietrangelo, and Councillor Wayne Thomson COUNCIL ABSENT: Councillor Carolynn loannoni, Councillor Vince Kerrio, and Councillor Mike Strange COUNCIL LATE: 1 SPECIAL MEETING OF COUNCIL NOTICE: a) By-law 89-155, as amended, states that: No special meeting of the Council shall be called unless the Clerk has provided to each member of Council, notification by telephone or in writing, of the special meeting, at least forty-eight hours in advance of the date on which the special meeting is to be held. Such notification shall contain a list of all items to be dealt with at the special meeting. As a result, there will be no additional items such as New Business or Mayor's Announcements included on this agenda. 2 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) No disclosures. 3 REPORTS a) CAO -2018-06 - Niagara South Standard Condominium Corporation No. 135 Amending Encroachment Agreement with the City, 3710 Main Street ( Kaumeyer Place - Condominium) The report recommends the following: Page 1 of 3 Page 36 of 751 City Council September 17, 2018 That Niagara South Standard Condominium Corporation No. 135 (the "Encroacher") be permitted to encroach onto City -owned lands abutting 3710 Main Street, as illustrated in Schedule "A". That the Mayor and Clerk be authorized to execute the required Amending Encroachment Agreement. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that report CAO -2018-06 be approved as recommended. Carried Unanimously 4 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) MAN a MILE Relay Race - Request from Dave Trotter that the City consider entering a team or making a donation in the amount of a team entry fee of $350 for the annual Man -a -Mile Relay Race being held Monday October 8, 2018. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the communication be appoved. Carried Unanimously b) Club Italia Lobster Fest - Request from Club Italia President Rosario Lomedico for the City to purchase a table of 10 tickets at a total cost of $800 for their annual Lobster Fest taking place on Thursday October 4, 2018. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the communication be approved as recommended. Carried Unanimously c) Habitat for Humanity ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that staff report back on the history of the planning process for the subject property, Habitat for Humanity, at the November 13th Council meeting; and keep Mr. DeLuca informed of the process. Page 2 of 3 Page 37 of 751 City Council September 17, 2018 Carried Unanimously BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2018-113 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. 2018-114 A by-law to establish Parts 1 to 9 on Reference Plan 59R16054 as a public highway to be known as Warren Woods Avenue. 2018-115 A by-law to provide for citizen and Council appointments to certain Boards and Committees. 2018-116 A by-law to adopt, ratify and confirm the actions of City Council at its Special meeting held on the 17th day of September, 2018. 5 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Wayne Campbell that the meeting be adjourned at 4:28 p.m. Carried Unanimously Mayor City Clerk Page 3 of 3 Page 38 of 751 RECREATION & CULTURE Inter -Departmental Memo To: Cathy Crabbe, Executive Secretary From: Lori Albanese, Community Development Coordinator Date: September 12, 2018 Re: Awards at Council — Tuesday, November 13, 2018 Shelley Gautier — Para -Cycling World Championship Niagara Falls native and Team Canada's Shelley Gautier has continued her unbroken streak taking home the 14th World Championship title of her career, as she won the 27.2 km Women's T1 competition at the Union Cycling Internationale (UCI) Para Cycling Road World Championships in Maniago, Italy in August 2018. Shelley remains World Champion since 2010. Shelley has won Gold Medals in the following Time Trial and Road Races this year: May 3-6 Para -Cycling World Cup in Ostend, Belgium July 6-8 Para -Cycling World Cup in Emmens, in the Netherlands. Aug 2-5 Para -Cycling World Championship in Maniago, Italy. Aug 24-26 UCI Para -Cycling World Cup in Baie Comeau, Quebec. Here is an update on Shelley's racing accomplishments: • 2011 — 2018 14 World Titles at the Para -Cycling World Championships • 2011 — 2018 Canadian World Champion Para -Cyclist • 2016 Rio Paralympics - Bronze Medalist; the only female para -cyclist to medal • 2015 Toronto Parapan Am Games - Silver Medalist • 2012 London Paralympian • 2011 Guadalajara Parapan Am Games - Silver Medalist Shelley is the only T-1 Cyclist (male or female) from any country in the world to medal at any Paralympic Games. Shelley's National Team Coach, Sebastien Travers, started as the Para -Cycling Development Coach in 2009, the same year that Shelley started racing. Now acting as the Head Coach, he advises that Shelley Gautier has won more world championships than any other Canadian cyclist, both as a para or able bodied athlete in all cycling events. Congratulations to Shelley on her outstanding achievements. cc. Bill Matson, Kathy Moldenhauer Page 39 of 751 RECREATION & CULTURE Inter -Departmental Memo To: Cathy Crabbe, Executive Secretary From: Lori Albanese, Community Development Coordinator Date: August 30, 2018 Re: Awards at Council — Tuesday, November 13, 2018 George & Liz Najbert — Canada Games 65+ Mixed Doubles Tennis In August 2018, George and Liz Najbert competed in the Canada 55+ Games in the 65+ division for the Mixed Doubles Tennis Championship and took home the gold medal to win the National Championship. The Canada 55+ Games were held over four days in Saint John, New Brunswick and include 22 events, 2,300 participants, 9 provinces and 2 territories. The Games, held every two years, celebrate physical activity, building community of adults aged 55 and older. There are three age categories: 55, 65 and 75. The Najberts qualified to compete for the National Competition in New Brunswick, after winning the 65+ Mixed Doubles Tennis Provincial Championship held in 2017, in Hamilton, Ontario. They have won the Regional Championships three years in a row, in Welland, Ontario, which qualified them to play in the Provincial Championships. Earlier this year, George Najbert competed in the Men's Doubles Tennis Provincial Championships 65+, with Manny Umoquit from Niagara -on -the -Lake, and they won the competition taking home the Provincial Championship and qualifying for the National Competition. However, they did not compete in the National Championship due to the rule that athletes are allowed to compete in only one division. The Najberts have been invited to compete in the 2020 Canada 55+ Games to be held in Kamloops, British Columbia. Congratulations to George and Liz Najbert on their Canadian Championship! cc. Bill Matson, Kathy Moldenhauer A Great City ... For Generations To Come Page 40 of 751 RECREATION & CULTURE Inter -Departmental Memo To: Cathy Crabbe, Executive Secretary From: Lori Albanese, Community Development Coordinator Date: October 4, 2018 Re: Awards at Council — Tuesday, November 13, 2018 Tatum and Carlyn McLean — Dance World Cup European Champions Congratulations to Tatum and Carlyn McLean, who competed with World Performers Canada in the Dance World Cup in Sitges Spain! They danced five dances each. Carlyn won three world bronze medals and Tatum won two world gold and one world silver medal. Each year, World Performers Canada, in partnership with Dance World Cup Europe, offer an exciting opportunity to competitive dancers across Canada. Their goal is to offer elite dancers the ability to travel to different European Countries to compete on the World Stage in all dance disciplines. Niagara Falls dancers Tatum and Carlyn McLean, who train at Laurie Ewart's Danceworks in Niagara Falls, were scouted to audition for World Performers Canada. 1500 dancers auditioned, in three Canadian cities, and Tatum and Carlyn were offered the opportunity to join Team Canada - a team of 100 dancers, to compete at the Dance World Cup Europe. Throughout the past year, the girls travelled to Toronto each holiday Monday, to practice with Team Canada to prepare for their European competition. In June 2018, Tatum and Carlyn travelled to Sitges, Spain (south of Barcelona), to compete at the Dance World Cup Europe, where more than 6,000 dancers from 47 different countries performed acro, ballet, hip hop, jazz, modern/contemporary and tap dance disciplines. Carlyn won three bronze medals for her performances in ballet, acro trio and acro group. Tatum won silver for her acro group performance, gold in acro trio, and another gold medal with her tap group. Tatum's tap group also won "Best Group of the Senior (age 14+) Competition". Congratulations to Tatum and Carlyn McLean on their accomplishments! cc. Bill Matson, Kathy Moldenhauer A Great City ... For Generations To Come Page 41 of 751 Niagara) alis PBD -2018-51 November 13, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD -2018-51 Boarding House Interim Control By-law Study RECOMMENDATION That Council endorse the preferred option to control and regulate boarding houses within the City and that planning and licencing documents are brought forward to a future meeting for Council's consideration. EXECUTIVE SUMMARY In April 2017, Council passed an interim control by-law to prohibit the establishment of boarding houses in the City. Later that year, MHBC Planning was contracted to undertake a study of the issue. The consultant has been working with a Technical Advisory Committee comprised of City and Regional staff, Niagara Regional Police and the Lundy's Lane BIA over the past year and a half. MHBC will be making a presentation to Council on the recommended approach to controlling and regulating boarding houses within the City specifically as it relates to the use of existing motels and hotels. Staff and MHBC Planning are recommending the introduction of a new term "Single Room Occupancy (SRO) Building (and the corresponding "Single Room Occupancy Unit") to describe a type of boarding house and other similar establishments and to permit SRO units and buildings as -of -right within the GC, TC and CB zones in the Zoning By-law. Under this option, motels would be allowed to have mixed use containing both motel units for the travelling public and SRO units for long term accommodation. These uses are to be controlled through the introduction of new regulations in the licensing by-law. Amendments to the Official Plan will also be required. Should Council endorse this approach, it is anticipated that the planning and licensing documents will be further refined and presented to Council for consideration in the first quarter of 2019. BACKGROUND In April 2017, Council passed an interim control by-law to prohibit the establishment of boarding houses in the City. This was in response to an application to the Committee of Adjustment for 8004 Lundy's Lane to add a boarding house use to an existing motel. The Lundy's Lane BIA raised a number of concerns with this application and the recent increase in the motels along Lundy's Lane that have been converted into boarding houses. Page 42 of 751 2 PBD -2018-51 November 13, 2018 In the fall of 2017, MHBC Planning was contracted to undertake a study of the issue. MHBC reports to and is guided by a Technical Advisory Committee (TAC) made up of City and Regional staff and representatives of the Lundy's Lane BIA. Councillor Wayne Campbell is also a member of the TAC. The study is being conducted in several phases: 1. Background Research and Analysis - MHBC undertook an assessment of the issue in terms of the extent of boarding houses in the City. The legislative and regulatory context was also examined and examples provided as to how other municipalities regulate boarding houses. The report's highlights and findings can be summarized as follows: • The housing market can be seen as a continuum of supply and demand, as shown in the following graphic: EMERGENCY RENTAL HOMEOWNERSHIP a11MyMKy shallot transitional ..PP.rxne NON -MARKET SPAIN hooalna aMtaR.tl rental alloNaalo rental pirate marina natal aRarda6lo ara.nlaa mutat ormanddo MARKET lew-Income households moderate -income households high -Income households Tenants of boarding houses are, depending on circumstance, within the Transitional to Affordable rental parts of the continuum. Several motels or hotels are clearly providing for a need of affordable housing. • The legislative context for land use is extensive - Planning Act, Provincial Policy Statement, Provincial Growth Plan, Regional and City Official Plans - and yet there is relatively little in the way of policy direction for the regulation of boarding houses. In addition, the Municipal Act, Housing Services Act, Residential Tenancies Act and the Ontario Human Rights Code all have a bearing on the issue. • Consideration has to be given to the following: There is Provincial interest in providing affordable housing; - There is no clear and consistent definition of rooming, boarding and lodging houses within Provincial legislation and regulations; The Regional and City Official Plans as well as the Region's Housing and Homelessness Action Plan recognize the importance of a mix of housing including a range of affordability; - The City's Zoning By-law does not permit rooming, boarding and lodging houses within any zone; Page 43 of 751 3 PBD -2018-51 November 13, 2018 - The City's Licensing By-law only contains regulations for second level lodging houses; and Regulations and policies respecting housing must be considered within the context of the Ontario Human Rights Code. • Many municipalities within Ontario and in the country have policies and regulations addressing boarding houses. MHBC's background report provides examples from some of those municipalities: - Ottawa, London and Oshawa have Official Plan policies that speak to the role boarding houses play in the provision of affordable housing. Zoning regulations differ - for example, the extent of shared kitchens and bathrooms. Licensing regulations provide for health, safety and living conditions. - Vancouver also recognizes boarding houses (or single room occupancy buildings) as essential in providing affordable housing. Such establishments are protected from demolition and conversion as the loss of these units would mean the displacement of people and likely an increase in homelessness. Edmonton regulates the extent of boarding houses (referred to as congregate living facilities) that can be located within a neighbourhood. Such a regulation would be contrary to the Human Rights Code in Ontario. 2. Contextual Analysis - the study examined the context within which the boarding house conversions have occurred. It also looks at the apparent recent increase in this change and related factors, as summarized below: • Housing costs - Currently rents for bachelor and one -bedroom apartments are $600.00 to over $800.00 per month. 7.8% of the City's population are considered to be "working poor." For almost a third of those people who rent, housing costs are approximately 50% of their average annual before tax income. CMHC considers this segment of the City's population in core housing need. • Vacancy rates - CMHC housing data indicates that the current overall vacancy rate across the City is 2.2%. This has been steadily declining since 2014. Bachelor and one bedroom vacancy rates are 0%. A 3% vacancy rate is considered optimal balancing supply and demand. • Changes in the tourism market - There has been a decline in the use of motels since the latter part of the last century. Locally, demand for Page 44 of 751 4 PBD -2018-51 November 13, 2018 accommodations has decreased outside the core tourist area (Fallsview and Clifton) resulting in hardships for motel landowners. 3. Consultation — A key component of the study was the consultation with various stakeholders. MHBC interviewed the Lundy's Lane BIA, community organizations (Project Share, YWCA, Boys and Girls Club, Niagara Falls Community Health Centre), the Region's Community Services Department and held a workshop with the TAC. It should be noted that City staff did not attend the interviews, except for the TAC workshop. The findings of the consultation are summarized below: Organization Comment Lundy's Lane BIA 1. Impact on assessment if use changes from commercial to residential. 2. Boarding houses should be located in residential areas. 3. Motels were not built for year-round use. 4. Boarding houses could impact implementation of the CIP and the Streetscape Master Plan. 5. Education and awareness regarding the Residential Tenancies Act. 6. Regulation and enforcement if boarding houses are to be permitted. 7. Concerns regarding decreased property values. Community Organizations 1. There is a housing crisis in the city. 2. Demolitions and conversions to student housing have resulted in displacement of people. 3. Boarding houses are being used as permanent housing. 4. Boarding houses should be a permitted use. 5. Regulations should not further disadvantage people. 6. Use of incentives for adaptive reuse, pilot projects. 7. Education and awareness regarding the Residential Tenancies Act. Page 45 of 751 5 PBD -2018-51 November 13, 2018 Regional Niagara Community Services 1. It is difficult to determine the number of people using boarding houses for permanent housing. 2. Boarding houses fill a housing need. Many would be homeless without them. 3. Boarding houses should be a permitted use. 4. Regulations should not further disadvantage people. 5. The Region's work on rooming, boarding and lodging houses is concerned with supportive housing. Different but related to this study. TAC Our Solution Must... 1. Not be temporary in nature; 2. Provide more certainty in terms of Residential Tenancies Act; 3. Provide education and awareness with respect to legal rights and responsibilities under the 4. Be consistent with the Residential Tenancies Act, Innkeepers Act, Human Rights Code and other applicable law; 5. Be practical and clearly thought out, providing planners and enforcement officials with clear rules and regulations; 6. Be enforceable anywhere in the City; 7. Identify criteria for locating; 8. Address issues of compatibility; 9. Enforce design standards in business areas; 10. Be in harmony with applicable law (Building Code, Fire Code); 11. Provide management/ support on- site or services available to each (coordination of services); 12. Provide safety for residents, operators, public fire, building and property standards; 13. Be guided by a collaborative approach and work toward building Page 46 of 751 6 PBD -2018-51 November 13, 2018 better relationships; 14. Include communication/ information sharing; and, 15. Consider displacement in broader context of housing continuum. 4. Options - MHBC evaluated the research and consultation findings and provided three potential options for consideration. • Option A - allow a single room occupancy conversion. - Introduction of the term Single Room Occupancy (SRO) Building (and corresponding SRO unit) to replace the current "Boarding or Rooming House" term in Zoning By-law No. 79-200. - Motels would continue to be permitted to serve the travelling public. SRO Buildings would be buildings that provide long term accommodation only and do so under the new regulatory framework. An SRO Unit would be new term defined in the Zoning By-law. An SRO Unit constitutes a residential unit that is not self-contained as it does not provide all the necessities for daily living. Shared kitchen facilities or kitchenettes (e.g. microwave, kettle, mini -fridge) would have to be provided as these units would not have full cooking facilities. - A sub -option (Al in the MHBC report) is that SRO Buildings may be part of a building - a motel could have motel units, serving the travelling public on the ground floor and SRO units on the floor(s) above. • Option B - allow an apartment hotel. - Introduction of the term Apartment Hotel. Motels would continue to be permitted to serve the travelling public. - Part of the building would provide long term accommodation in the form dwelling units. Dwelling units differ from SRO units in that dwelling units are self- contained units that provide for daily living - full kitchen and sanitary facilities specifically. • Option C - allow for SRO Buildings as an interim use. - As in Option A, but permitted through a Temporary Use By-law (TUBL). - TUBL's can only be in effect for three years, but there are no limitations on the number of times they can be renewed. Page 47 of 751 7 PBD -2018-51 November 13, 2018 - Allows for converted motels to be phased out as purpose-built affordable housing is established. Preferred Option Staff and MHBC Planning are recommending Option A. This option will permit SRO Buildings as stand-alone as -of -right uses. This option would also include some ability to provide for the second floor to be SRO units. This approach is being recommended for the following reasons: 1. Living condition for renters needs improvement and regulation. The standard of living conditions within the converted motels is in need of improvement. Most of the motels date to the 1950's and `60's and were built for the seasonal accommodation of the travelling public. As such, many of these motels do not contain appropriate kitchen and eating facilities (individually or communally) nor do the units meet current Building Code or Fire Code regulations. Such matters can be controlled through a licensing by-law written specifically to regulate these uses. 2. SRO Buildings fill a much needed form of housing. The MHBC report illustrates quite clearly that this type of accommodation is needed by a sector of the population that cannot afford market rents. These people are a vulnerable segment of the City's population that include people on fixed and low incomes. 3. There is an affordable housing crisis in the City. The supply of affordable housing is insufficient to meet demand. Affordable housing providers such as the Region have a limited budget and cannot meet the demand. As such, SRO Buildings serve to fill the void. 4. The supply of market rent housing is very low. SRO Buildings will assist in adding to the supply of affordable housing in the City. 5. Option A addresses the issues raised by stakeholders. Stakeholders noted issues that included the above points. Points such as licensing regulations, impact on assessment and the Residential Tenancies Act (RTA) are addressed below. As noted above, the Lundy's Lane BIA has participated in this study through its involvement with the TAC. Prior to the publication of this report, a separate meeting was held with representatives of the BIA to brief them on this report, the MHBC report and the recommendations. The BIA raised concerns, similar to those made during MHBC's interviews, specifically: • Appropriateness of the use in a tourism area. The BIA's opinion is that SRO buildings should not be located on Lundy's Lane as it is in the process of revitalizing its tourism base. Revitalization is a long term Page 48 of 751 8 PBD -2018-51 November 13, 2018 initiative. Legalizing the conversion to SRO buildings, in whole or in part, is an interim solution to the current affordable housing crisis. In addition, an SRO building may not be the highest and best use of a given property. As such, implementation of the preferred option should not stymie revitalization efforts. • Standalone SRO Buildings will be considered residential in terms of assessment. Implementation of the preferred option will not alter the fact that motels are being used as a form of residential accommodation. Classification under the Assessment Act is based on the actual use of the property as opposed to a stated use. Because of this, any motel being used in this manner could currently be reclassified from the commercial classification. Implementing the preferred option will not result in any assessment reclassification in and of itself. • Certain motels serve the travelling public for part of the year. Part of Option A allows for SRO units to be established on a property along with motel units. Licensing will control the number and could control the time frame during which these units are operated. • Compliance with the Lundy's Lane CIP Urban Design Guidelines. In March of this year, Council approved the Lundy's Lane CIP. Part of the CIP is the Urban Design Guidelines (UDG's). These provide design direction for property development and redevelopment in terms of building siting, aesthetics and landscaping. The licensing by-law regulations could require compliance with the UDG's. Implementation of the Preferred Option Implementation of Option A will require a number of actions. 1. Amendments to the Official Plan and the Zoning By-law. Modifications to the Official Plan will provide the policy basis for the amendments to the Zoning By- law and creation of licensing regulations. The amendments to the Zoning By-law will include matters such as: • Defining an SRO Units and an SRO Building; • Including an SRO Building as a permitted use in the GC, TC and CB zones; • Regulating the location on an individual property of an SRO portion in relation to motel portion — for example motel units on the ground floor and SRO units above or within another building on the property where such a condition exists. • Regulating the extent of SRO units — for example, SRO units cannot be more than 75% of the total gross floor area of the building. Page 49 of 751 9 PBD -2018-51 November 13, 2018 2. Licensing regulations will also have to be prepared to control day-to-day operations. Licensing regulations will be critical in implementation as these regulations control operations. Matters that should be regulated include: • Compliance with the Ontario Building Code, the Fire Code, Maintenance and Occupancy By-law; • Addressing deficiencies and penalties; • Annual inspections; • Number of SRO Units; • Requirement for an on-site manager; • A system for lodging complaints; • Property maintenance; and • License renewals and license revocation. 3. Demolition and Conversion Control By-law. A by-law, passed under section 99.1 of the Municipal Act, a demolition and conversion by-law would prohibit the demolition or conversion of SRO units unless the same number as is licensed is replaced. Such a by-law would ensure that people are not displaced and possibly rendered homeless. 4. The Residential Tenancies Act. Long term tenancies are a residential tenancy and are under the jurisdiction of the Residential Tenancies Act (RTA). The RTA looks at the actual use rather the intended use — as the motels units are being used for long term tenancy the RTA would apply. Equally SRO Units would be a residential tenancy under the RTA. The RTA can cover some or all of the units in the building. Where there is a question, tenants can apply to the Landlord Tenant Board (LTB) to be considered a tenant. Usually this does not happen — the norm is that either the landlord or the tenant brings an application against the other to the LTB for a decision as to whether the unit is covered by the RTA. As such, SRO Buildings and Units would be subject to the RTA. Because of this, both landlords and tenants will have certainty in dealing with issues that may arise (e.g. termination of a tenancy, property maintenance). 5. Property Assessment. During TAC discussions and MHBC's stakeholder interviews questions came up about assessment. MPAC has advised that classifications under the Assessment Act Regulation 282/98 are based on the primary use of the property — in this case, are the occupants residing rather being transitory (travelling public), do the occupants have "quiet occupation" (a locked door; does the landlord have to give notice for entry). In addition, the units would have to be "self-contained" — have, or have access to the facilities necessary for daily living. Should there be more than 7 self-contained units intended for occupants to reside as the primary use, the property would likely be classed as multi -residential. The preferred option, however, would not trigger this assessment as the converted motels are currently operating as multi -residential currently. Page 50 of 751 10 CONCLUSION PBD -2018-51 November 13, 2018 The above preferred option will provide the required policy and regulatory approach that is needed. Currently, boarding houses are operating contrary to the Zoning By-law and licensing does not exist that would adequately regulate the operations of boarding houses. Should Council endorse this approach, or any of the other options presented, the preparation of policy and regulatory documents will be the next step in the study. It is anticipated that these documents will be presented to Council for consideration in the first quarter of 2019. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Approval of this report results in no financial/staffing/legal implications. ATTACHMENTS > No attachments. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted• Ken Todd, Chief Administrative Officer J.Barnsley:rm S:\PDR\2018\PBD-2018-51, Boarding House Interim Control By-law Study.docx Page 51 of 751 Contextual Analysis and Recommendations REPORT City of \iacara Falls Boarding House Interim Control Study Date: November 2018 Prepared by: MHBC Planning Limited 442 Brant Street, Suite 204 Burlington ON L7R 2G4 T: 905-639-8686 F: 905-761-5589 Our File 0947D 01 I MHBC PLANNING URBAN DESIGN F,, LANDSCAPE ARCHITECTUI7E KITC!-HENER WOL)DERIDGE LOt.IDON KINGSTON BARRIE EIURLINCTDN Page 52 of 751 Table of Contents 1.0 INTRODUCTION 3 1.1 2.0 3.0 4.0 5.0 5.1 5.2 6.0 6.1 6.2 6.2.1 6.2.2 6.2.3 6.2.4 Organization of this Report COMMUNITY PROFILE A BRIEF HISTORY OF THE USE OF MOTELS AS LONG-TERM RESIDENTIAL ACCOMMODATION SITE DESCRIPTIONS AND PROPERTY INVENTORY THE MINOR VARIANCE PROCESS AND ADDITIONAL PERMITTED USES The Continental Inn The Carriage House Motor Lodge CONSULTATION Consultation Approach Key stakeholder meetings Consultations with the Lundy's Lane Business Improvement Area Consultations with Community Organizations Region of Niagara Technical Advisory Committee 4 6 8 11 13 14 16 20 20 20 20 23 27 29 7.0 ADDITOINALJURISDICTIONS REVIEWED 32 7.1 Florida 32 7.2 Los Angeles 34 8.0 OPTIONS FOR CONSIDERATION 40 8.1 Option A- Allow Single Room Occupancy Conversions 43 8.2 Option B- Allow an Apartment Motel 46 8.3 Option C- Allow Motel Establishments to Operate as 'Interim Single Residential Occupancy (SRO) Buildings' 48 8.4 Summary of Options 51 8.5 A Note About the Residential Tenancies Act (RTA) 53 8.6 Recommended Option 53 8.6.1 Additional Recommendations 55 9.0 NEXT STEPS 58 10.0 BIBLIOGRAPHY 59 City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 1 Page 53 of 751 List of Figures Figure 1: Carriage House Motor Lodge Location Map and Site Photos Figure 2: Continental Inn Location Map and Site Photos List of Tables Table 1: Summary of Options List of Appendices Appendix 1: Stakeholder Interview Questions Appendix 2: TAC Workbook and Presentation Materials Appendix 3: Sample By-laws 3a): Ottawa 3b): London 3c): Oshawa 3d): Vancouver 3e): Los Angeles (Demolition and Conversion) 3f): Los Angeles (Interim Motel Conversion) Appendix 4: Summary of Potential Regulations to be Considered (Zoning, Licensing, Demolition and Conversion) City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 2 Page 54 of 751 1 .O INTRODUCTION Over the past decade, many older motel establishments located in the City of Niagara Falls have shifted from providing primarily short-term accommodation to the travelling public to providing, to varying extents, long-term residential accommodation to people who may not otherwise be able to afford market rental housing. Within the context of the existing planning, regulatory and legislative framework at a Provincial, Regional and local level, the converted use of these motels most closely resembles that of a 'Boarding or Rooming House', as defined and described in the City's Official Plan and Zoning By-law, in that an individual unit, containing its own bathroom facilities and which may or may not have some form of kitchen facilities, is provided to an occupant for a pre -determined and agreed upon rate for an extended period of time. However, the City's planning documents identify that a 'Boarding /or Rooming House' does not include a hotel or tourist establishment. In essence, any motel operation in the City of Niagara Falls that is currently engaged in providing long-term residential accommodation to persons other than the travelling public is in contravention of the City's Zoning By-law since the definition of motel makes reference to providing accommodation to the travelling public. While the City's Zoning By-law defines the term 'Boarding or Rooming House', the use is not permitted in any Zone within the City; however, the Official Plan currently allows for consideration of the use in residential areas, subject to a Zoning By-law Amendment. In the recent past, two separate applications have been brought forward to the City of Niagara Falls Committee of Adjustment requesting that the use of 'Boarding or Room House' be added as a permitted use on a site specific basis to recognize and establish the use occurring on the site (the Continental Inn and Carriage House Motor Lodge were recent applications). One of these applications (the Continental Inn) was approved by the Committee of Adjustment and is now permitted to legally operate as a 'Boarding or Rooming House'. The second application (Carriage House Motor Lodge) was deferred by the Committee, who felt it was inappropriate to make a decision on the proposal in the absence of any specific policy direction related to this proposed use. As a result, City Council passed an Interim Control By-law to freeze any applications that seek to introduce the use of a 'Boarding or Rooming House' use on any other motel site within the City until such time as the issue has been studied. In order to properly study the issue and develop a strategy on how to address and manage the use of motels throughout the City as permanent/long-term residential housing, the consulting team of MacNaughton Hermsen Britton Clarkson Planning (MHBC) and SHS Consulting (SHS) were retained by the City in January 2018 to review, analyze and develop recommendations to address the issue. In terms of the project work program, three distinct phases were identified (Background Research and Analysis; Contextual Analysis, Engagement and Consultation; and, Recommendations and Implementation. This report represents the completion of the Phase 2 component of the work study and marks the mid- point of Phase 3 of the work program. A series of options are outlined in this report, and a recommended City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 3 Page 55 of 751 option is identified for Council's consideration. Following Council's consideration of the preferred option, refinements can be made, as necessary, and implementation of the preferred option will commence. Since the project initiation in January 2018, the following components of the work program and study process have occurred: • A Technical Advisory Committee (TAC) has been formed, consisting of a variety of representatives from various departments within the City, the local business community (Lundy's Lane Business Improvement Area), Regional Police, City of Niagara Falls Fire, and Region of Niagara Planning and Development and Community Services departments. The mandate and purpose of the TAC is to provide input into the study process at key stages to ensure a balanced perspective is maintained throughout the study; • A Background Research and Analysis Report has been prepared, which examined the existing legislative, regulatory and policy framework at various levels of government related to the motel use issue and explored the issue at a broader scale, identifying 'best practice' examples of potential approaches to regulation; • A site area visit and property inventory was completed; • Consultation occurred with identified stakeholders, including representatives from community organizations, local business owners and Niagara Region Community Services; • A solutions development workshop was held with the TAC and members of the Lundy's Lane Business Improvement Area (BIA) which was facilitated by SHS Consulting; and, • Additional background research was conducted to further assess the issue and approaches taken in areas outside of Canada. 1 .1 Organization of this Report This report provides a detailed contextual analysis of the issue as it pertains specifically to the City of Niagara Falls with options for consideration to address the issue, which are based on information obtained through the research and review phase as well as through consultation with stakeholders and the TAC. The report is organized as follows: Section 2.0 includes an overview of the community context, providing statistical data related to demographics, income and housing for the City of Niagara Falls; Section 3.0 provides a brief overview and history of the use of motels as living accommodation within the North American context; Section 4.0 provides a summary of the typical characteristics of motel buildings forming part of the study, based on observations made during site visits; Section 5.0 includes a summary and analysis of the minor variance applications brought forward to the Committee of Adjustment requesting that 'Boarding House' be added as a permitted use; Section 6.0 describes the consultation approach undertaken as part of the contextual analysis phase of the study, summarizing the findings into key themes by the stakeholder groups interviewed; City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 4 Page 56 of 751 Section 7.0 provides a summary of two additional jurisdictions reviewed as 'best practice' examples of definitions, policies and regulations used in relation to the use of motels for residential purposes; Section 8.0 provides an overview of the options for consideration to address the issues, with a recommended preferred option identified with justification for that option; and, Section 9.0 identifies next steps with respect to implementation of the recommended preferred option. This report is meant to be read in conjunction with the Background Research and Issue Identification Report to ensure an understanding of the applicable legislative, policy and regulatory framework. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 5 Page 57 of 751 2.0 COMMUNITY PROFILE The City of Niagara Falls was incorporated as a City in 1904 and is one of twelve municipalities that form the Region of Niagara. It is located in the southern portion of the Region, adjacent to the Canada/ US border (Niagara Falls, New York). Niagara Falls covers a land area of 212 square kilometres and has a population of approximately 88, 071 persons in accordance with 2016 Statistics Canada Data. Between the 2011 Census and the 2016 census, the population of the City grew by 6.1%, which is much higher than the average growth of the Region as a whole in the same time period (3.8%). The average age of the population is 43.4 years, which is slightly younger than the Region as a whole (43.8) and older than the Province (41.0). With respect to labour force, 38% of citizens who are employed work in sales and service occupations, 13% work in trades, transport and equipment operators and related occupations; and, 12% work in business, finance and administrative occupations. This correlates with the City's primary economic activities, which are tourism, manufacturing, logistics and information technology (call centres). The average after-tax income for households in the City is estimated to be $65,296, which is lower than the Regional average household income of $69,503 and the Provincial average household income of $80,322. The prevalence of low-income households is 16.1, based on the Low-income measure after tax (LIM-AT) which is a measurement of the proportion of Canadian families having an after-tax annual income less than 50% of the median income (Statistics Canada). In other words, this means that 16.1% of the people in the City make less than $32,648. The City's LIM-AT measure is higher than the Region (14.5%) and the Province (14.4%). Additionally, 7.8% of the City's population is considered to be "working poor", living below the low-income cut-off (LICO-AT), meaning that these people typically spend 20 percentage points more of their after-tax income than average on food, shelter and clothing. Again, this is higher than the Region (7.4%) but lower than the Province (9.8%). Examination of the most recent (October, 2017) Canada Mortgage and Housing Corporation (CMHC) Primary Rental Market Statistics for the City of Niagara Falls, the vacancy rate for rental units has declined substantially since October 2014 and is currently at 2.2%. Bachelor and one bedroom apartments are currently at a 0% vacancy rate. CMHC indicates that 3% is the minimum vacancy rate that is considered "healthy". Additionally, average rents in the City have increased by approximately 18% since October, 2014 and are currently as follows: • Bachelor: $599/month; • 1 bedroom: $811/ month; • 2 bedroom: $966/ month; and • 3 bedroom+: $1133/ month. With respect to housing, Statistics Canada has developed the following housing standards: City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 6 Page 58 of 751 • Adequate housing: is reported by residents as not requiring any major repairs; • Affordable housing: has shelter costs equal to less than 30% of total before -tax household income; and, • Suitable housing: has enough bedrooms for the size and composition of residential households according to National Occupancy Standard requirements Statistics Canada and CMHC have also produced a Core Housing Need indicator. A household is said to be in 'Core Housing Need' if its housing falls below at least one of the adequacy, affordability or suitability standards and it would have to spend 30% or more of its total before -tax income to pay the median rent of alternative local housing that is acceptable. Within the City of Niagara Falls, 31% of households who rent are considered to be in core housing need. This is higher than the Region, where 29.9% of renters are considered to be in core housing need. In terms of shelter costs, the average monthly shelter costs for households who rent and are in core housing need in the City is $786 which works out to be almost 50% of their average annual before -tax income, which is higher than the Regional average monthly shelter cost of $761. The data indicates that almost 73.3% of people living in the City who are in core housing need on account of not meeting the affordability standard. This is problematic, given that the vacancy rate in the City is so low and that the average rents for all units except bachelor units far exceeds this average cost (and bachelor unit availability in the City is 0%). As noted above, the City's primary economic base consists of tourism, manufacturing, commercial retail and knowledge-based sectors. Unique characteristics of the City, including its proximity to both an international border (Niagara Falls, USA) and major metropolitan areas (Toronto); tourist attractions (Niagara Falls); and, major post -secondary institutions (Brock University and Niagara College) provide opportunities for these sectors to thrive. Based on 2011 data from Statistics Canada and the Government of Canada Business Registry Data for Niagara, it is estimated that there are approximately 4,108 businesses in the City and 640 of these businesses form part of the Niagara Falls Chamber of Commerce. The employment rate in the City is 57.2%, which is slightly higher than the Regional employment rate (56.5%) but lower than the Provincial employment rate (59.9%) The unemployment rate in the City is 7.7%, which is slightly higher than the Regional unemployment rate (7.4%) and the Provincial unemployment rate (7.4%). In terms of tourism, over 14 million people visit Niagara Falls annually which contributes to the local economy and development of tourism infrastructure including hotels, motels, casinos, resorts, convention centres, retail outlets, attractions and theme parks, which also provide employment opportunities for residents. Recent development in the City with respect to tourism has centred around the Clifton Hill and Fallsview areas. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 7 Page 59 of 751 3.0 A BRIEF HISTORY OF THE USE OF MOTELS AS LONG-TERM RESIDENTIAL ACCOMMODATION The use of motels for residential purposes is not a new phenomenon, nor is it unique to the City of Niagara Falls. Research suggests that people in the United States have resided in hotels since at least the 1970s, settling permanently, living on open-ended long-term stays, or cycling through various motels. In fact, the use of motels for this purpose is ubiquitous in most cities in North America. Driving down many major and minor commercial thoroughfares throughout Ontario, you may find motel properties operating with some form of long-term residential accommodation. Research conducted in the United States suggests that the majority of motels that end up providing long- term residential accommodation are motels that were somehow "displaced", either when highways or some other construction occurred; through a change in location of popular tourist attractions that redirected traffic away from their location; or, functionally wherein properties are not updated, remodeled and kept up for the demands of guests. Often, these motels were once popular tourist destinations in the past however, due to changes in market trends, tourist preferences or some other force, cannot achieve enough tourist occupancy to maintain their business model and now survive by functioning as commercial residential hotels to ensure a steady cashflow. This is often beneficial to both the operator, who can maintain overhead costs, and the guest or occupant, who is able to obtain shelter at a rate which is affordable to them, without the traditional rent deposit requirements in the private market. Within the hospitality industry, many establishments are known to allow or even rely on persons staying in a unit on a long-term basis as this provides a consistent stream of revenue. The proportion of the units occupied by "residents" versus "guests" varies by establishment and may be based on an owner's business plan. Some owners and operators apply strategies to attract and encourage residents, while others believe that this creates an incompatible use. This trend is similar to what is occurring within various parts of the City of Niagara Falls, where the tourism preferences have shifted away from the automobile -oriented commercial areas of Lundy's Lane, Clifton Hill, and Ferry Street and moved towards the Fallsview District where modern, high-rise, hotels have developed providing views of Niagara Falls and easier pedestrian access to The Falls and other attractions. There are also additional resort -style hotels in the City, including the Whirlpool Subdistrict where the Great City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 8 Page 60 of 751 Wolf Lodge is located, providing a family resort atmosphere with on-site amenities such as an indoor and outdoor waterpark. In addition to the shift in locational preference, the new hotel establishments added a significant number of new units with modern amenities to the City's stock that the traditional motel buildings do not provide. As a result of both locational and functional factors, as well as economic factors (2008 recession), many of the local motel operators have seen a decline in traditional tourist occupancy and many have resorted to offering long-term residential accommodation to varying degrees. The low demand for these units by tourists has been replaced by the high demand for these units as affordable shelter by residents of the City as a result of the low vacancy rates, high market rents and lack of social housing in Niagara. It is difficult to estimate the exact number of motel units within the City of Niagara Falls operating in this manner. Data provided from the Lundy's Lane BIA suggests that at least 19 of the 35 motels/hotels within their boundary are engaged in some form of long-term residential accomodation activity; however, this only represents a sample of the total number of motels within the City. Many municipalities and other levels of government have, traditionally, taken to utilizing motel units to provide emergency placements to clients due to disaster (e.g. fire, natural disaster) as well as to house homeless people and families. In these circumstances, an agency, government department or other organization will pay commercial hotels and motels market rates (or an agreed upon alternative "discounted" rate) for a certain number of units to provide emergency or temporary shelter. Alternatively, organizations may provide hotel "vouchers" which entitle a person to a stay in a motel of their choosing. This type of structure has been applied in a variety of cities since at least the 1990s, including New York City, Boston, San Francisco and Washington, D.C. This is currently the case within the Region of Niagara, where a portion of the Region's funding goes toward securing a certain number of motel units throughout the Region for emergency shelter (including but not limited to Niagara Falls). Additionally, it is understood that many recipients of Ontario Works, Ontario Disability Support Program funding or other income supplement programs and low income earners independently seek out motel units for residential accommodation throughout the Region (including but not limited to Niagara Falls). Many social service and community organizations keep lists of local hotels and motels which are willing to accept long-term residents or temporary homeless residents. This is the case within the City of Niagara Falls, where organizations like Project Share and the United Way maintain lists of motels who accept long- term residents and provide additional support services (e.g. weekly meal delivery and outreach) to the various known motels providing long-term residential accommodation. Physical and legal conversions of former hotels to permanent residential buildings or permanent or transitional supportive housing has been occurring since the 1990s in both the United States and Canada (e.g. Vancouver). These are traditionally called Single Room Occupancy (SRO) hotels or Residential Hotels and provide sleeping rooms, with or without private baths and kitchenettes (definitions vary by jurisdiction). The layout of the rooms in these older motel and hotel buildings made the conversion into single room occupancy or apartment units viable with only moderate investment or subsidy. It is understood that, in the context of few adequate housing options available to those on limited or fixed incomes, SRO hotels play a critical role in the low-income housing stock as a last resort before City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 9 Page 61 of 751 homelessness. The legal conversion of former hotels for residential use has not occurred within the City of Niagara Falls, save and except for the Continental Inn. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 10 Page 62 of 751 4.O SITE DESCRIPTIONS AND PROPERTY INVENTORY On February 26, 2018, the project team conducted a series of site visits in order to compile an inventory of motels and hotels in the City which may or may not be providing some form of long-term residential accommodation. In total, approximately 60 sites were visited and inventoried as part of the study area site analysis. It should be noted that these 60 sites do not represent the entire existing motel stock within the City of Niagara Falls, but are used as a subset of the stock to make general observations and draw inferences. The properties generally described as "motels" throughout this report include those buildings that fit within the City's definition of Motel, meaning "a building or buildings or part thereof consisting of a number of motel units and catering primarily to the travelling public by supplying overnight sleeping accommodation with or without meals and which may be licensed under The Liquor Licensee Act, 1975, but does not include a hotel". These structures are generally 1-2 storeys in height, consisting of a long structure along the yard, creating either an "I" "U" or "L" shaped building. Individual entrances to the motel units are generally provide with no shared common hallways. The primary construction materials used in these are stucco, brick, or cinderblock/ cement, while very few have vinyl siding. Often, a residential dwelling (e.g. innkeepers house) is situated on the property, sometimes as a standalone dwelling and other times attached to the motel building, with a front reception office. Each property provides a generous setback from the street frontage, where advertisements and signage are posted and visible to the public. Surface parking is available along the perimeter of the building, providing convenient, localized, parking access to individual units. Generally, there is some sort of common courtyard space provided, either internal to the site in the case of a "U" shaped building, or within the front rear or side yard for "L" or "1" shaped buildings. Amenities provided within the courtyard vary, and can include an outdoor pool or picnic area, which are available for use by guests. Signage generally advertises the motel rates, and any special features or amenities. Most signs, at a minimum, identify a nightly rate while several advertise discounted weekly rates, and some provide monthly rates. Some expressly advertise that they offer long-term accommodation. Amenities offered include free wi-fi internet, cable television and telephone access. A select number of the establishments also identify that they either had a 'common kitchen', 'family units' or units with 'kitchenettes'. Most of the motels appear to be experiencing some decline, reminiscent of the preferred building material and aesthetic of the era within which they were built (1945-1990s) and show signs of general wear and tear. Some appear to have made upgrades to modernize the exterior; however, the condition of the units City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 11 Page 63 of 751 themselves is unknown as the site visits were limited to the exterior of buildings only. Some appeared to be permanently shut down and vacant. Many of the buildings appear to be operating in some level of extended/ long-term accommodation, as evidenced by the number of cars parked in the parking lot and number of people coming and going, which could be categorized as unusual for a Monday morning during tourist "off-season". Personal items such as patio furniture, mailboxes, barbeques, bicycles, and mobility scooters were observed, which are indicative of the establishment being used by people other than the travelling public. Moving trucks (UHAULs) were also observed parked at a few of the establishments and people were observed moving items in/out of units, which is indicative of a more extended -stay nature. Additionally, it is understood that some of the motels are currently being used to provide student housing and are advertised as such. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 12 Page 64 of 751 5.0 THE MINOR VARIANCE PROCESS AND ADDITIONAL PERMITTED USES Under the Planning Act, municipalities are granted the authority to appoint a Committee of Adjustment, which is a committee made up of local citizens, to consider and make decisions on applications dealing with various planning matters, including: • Minor Variances from the provisions of a municipal Zoning By-law; • Consents to sever property, create a private easement or interest in land for any agreement, mortgage or lease that extends more than 21 years; • Permissions dealing with enlargement or extension of a building or structure that is legally non- conforming; and, • Validation of Title and Power of Sale. Applications for Minor Variances are made when a Zoning By-law regulation cannot be met and changes are required to achieve compliance with the By-law that are deemed "minor" in nature (e.g. they are not significant enough to warrant an entire Zoning By-law Amendment process). In assessing a Minor Variance application, four 'tests' must be met: • The variance is minor; • The variance is desirable for the appropriate development or use of the property; • The general intent and purpose of the Zoning By-law is maintained; and, • The general intent and purpose of the Official Plan is maintained. Municipal planning staff generally assess an application to determine if the four 'tests' are met, making a recommendation to the Committee of Adjustment to either approve or deny the application. The Committee then makes a decision based on the application before them, including any staff comments, reports and recommendations; comments and submissions made by the applicant; and, comments and submissions made by local area residents or other interested parties. Ultimately, it is the Committee's duty to determine whether an application should or should not be approved. Following the decision of the Committee, an applicant or member of the public who participated in the process is able to appeal the decision of the Committee to the Local Planning Appeal Tribunal (LPAT) who can hear the case and make a decision and Order. If there are no appeals filed against a decision of the Committee of Adjustment within the identified appeal period, the decision is considered to be in -effect on the day following the last date for filing an appeal. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 13 Page 65 of 751 Two motels in the City have brought forward applications for Minor Variance requesting that the use of 'Boarding or Rooming House' be added on a site specific basis in order to permit the use on site. This section describes the nature of these applications and the outcome of each. 5.1 The Continental Inn The Continental Inn is municipally addressed as 5756 Ferry Street and is located on the south side of Ferry Street, east of Main Street (see Figure 1). The building itself is located on a long and narrow parcel of land and is a two storey flat -roofed stone/concrete structure, which is rectangular in shape with surface parking on either side. An office/ reception area is located at the front of the building along Ferry Street. Surface parking is provided on either side of the building. The property is designated Tourist Commercial- Clifton Hill Subdistrict in the City's Official Plan and zoned General Commercial (GC) in accordance with Zoning By-law 79-200. Surrounding uses include a variety of restaurants and bars; service commercial uses (e.g. car wash); hotels; a medical office (urgent care and pharmacy); museum; church; retirement facility; and low density residential (e.g. single detached) uses to the rear of the property, along Peer Street. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 14 Page 66 of 751 Commercial Ferry St Commercial Comme Commercial,. �. w - Commercial Residential Peer St Figure 1: Continental Inn Location Map and Site Photos An application for Minor Variance was filed in December of 2015 to add both Rooming or Boarding House and an accessory structure for use as an assembly hall for less than 100 persons and storage to the list of permitted uses on the property. It should be noted that, at the time of the application, the site was already operating as a long-term residential accommodation and had already been operating as such for quite some time. In a report to the Committee of Adjustment, dated December 15, 2015, staff recommended approval of the variance based on the following rationale: City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 15 Page 67 of 751 • The intent of the westerly portion of the Clifton Hill subdistrict is to provide uses that allow for an appropriate transition and relationship with adjacent residential and institutional uses. The site and surrounding area contains both a mixture of commercial and residential and institutional uses. The proposed use maintains the intent of the Official Plan; • The GC zone permits a variety of commercial uses catering to both residents and tourists, including residential uses (up to 66% of the total floor area is permitted to be used for dwelling units and provided that these units are located above the ground floor) and motel uses, both of which are similar to the use proposed, thereby maintaining the intent and purpose of the Zoning By-law; • The proposed use will assist those in need in the community with affordable housing; • The proposed accessory building will be used for storage and as a meeting place, which is similar to a community building or place of worship, both of which are permitted in the GC zone, thereby maintaining the intent of the Zoning By-law; • The proposal represents an alternative use of a building that formerly functioned as a motel and the boarding house will provide a much needed use within the community; and, • The existing and proposed uses are considered compatible with the surrounding area. This application was deferred by the Committee initially to allow more time for discussions between the applicant and the Main & Ferry BIA to occur and was subsequently granted approval in February of 2016. The decision came into effect in March 2016, following the statutory appeal period as no appeals were filed. Following the approval date, the Continental Inn is now considered to be the City's only legally operating long-term residential accommodation. 5.2 The Carriage House Motor Lodge The Carriage House Motor Lodge is municipally addressed as 8400 Lundy's Lane and is located on the south side of Lundy's Lane, east of Kalar Road (Figure 2). The building is situated on a square shaped parcel and is two storeys in height with a sloped roof. The building itself is "u" shaped in appearance, with a central separate office building situated along the Lundy's Lane frontage. The buildings along the Lundy's Lane frontage have a sloped roof, while those interior to the site have a flat roof. An in -ground outdoor pool and surface parking is situated internal to the site and generally screened from view. The building contains approximately 120 rooms. The property is designated Tourist Commercial- Lundy's Lane Satellite District in the Official Plan and is zoned Tourist Commercial (TC) in accordance with Zoning By-law 79-200. Surrounding uses include service commercial (e.g. gas station); neighbourhood commercial (e.g. bakery, beauty salons, various medical offices, bowling alley); eat -in, take-out and fast food restaurants; motels; a food store; community services (e.g. employment and immigration services centre); and, low density residential (single detached) and institutional (high school) uses to the rear. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 16 Page 68 of 751 Figure 2: Carriage House Motor Lodge Location Map and Site Photos An application was filed in March 2017 to add Rooming or Boarding House to the list of uses permitted on the property. It should be noted that, at the time of the application, the site was already operating as a long-term residential accommodation. In a report to the Committee of Adjustment, dated April 18, 2017, Staff recommended approval of the variance based on the following: • The Lundy's Lane Satellite District is meant to be primarily a tourist commercial corridor; however, residential uses are permitted within this designation either as stand-alone buildings or mixed use buildings. Residential uses are permitted within this designation to a maximum height of 6 storeys. Rooming and Boarding Houses are a form of residential accommodation. Therefore, the general intent of the Official Plan is maintained; • The Tourist Commercial (TC) Zone permits a wide range of commercial uses catering to both residents and tourists. The TC zone permits 50% of the floor area of a building to be dwelling units. Boarding or Rooming Houses are a form of housing. Therefore, the general intent of the Zoning By-law is maintained; • The proposal represents an alternative use of a building. The area is identified as appropriate for residential intensification and is compatible with the surrounding area; and, • The Rooming or Boarding House should have no unreasonable impact on the subdistrict. At the meeting, delegations were made by the applicant, a representative of the Lundy's Lane BIA, and operators/ employees of the Continental Inn. With respect to the nature and purpose of the application, the applicant identified that, due to changing market trends, the feasibility of operating the establishment as a traditional motel is not possible. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 17 Page 69 of 751 Essentially, the revenue generated from operating as a motel would not be enough to cover the cost of operating the motel. The intent of the variance request is to establish the use operating on the property and provide affordable housing. The applicant noted that there is a need for low-income housing in Niagara Falls and utilizing motel units assists in filling this need. When asked about the impact the request would have on the community, the applicant identified that there would not be much of an impact as a majority of the motels surrounding the Carriage House are operating the same way the Carriage House is and offering long-term residential accommodation. The BIA representative raised concerns with respect to the impacts on local businesses within the area, as the primary planned function is for commercial and tourism uses. It was also noted that the BIA is concerned that allowing this use would be a hindrance to the implementation of the Streetscape Master Plan and Community Improvement Plan for the Lundy's Lane area, and have short- and long- term ramifications to the business development on Lundy's Lane. Of considerable concern identified by the BIA is the potential 'domino effect' this could have on other motels within the BIA's boundary due to the volume and concentration of motels currently operating as long-term accommodation in some shape or form. A representative from the Continental Inn appeared before the committee to speak in support of the application. The delegate suggested that regulating the use on the property would result in decreased problems with police, drugs, prostitution and collection of rent, based on experience with those issues improving at the Continental since the Continental was granted their variance. She noted that the Carriage House would be offering counselling services and social assistance on-site to help those in need, which could be viewed as a positive outcome. It was also suggested, at that time, that the Carriage House be permitted the variance and could act as a 'pilot project' to study the impacts that result from allowing the use and inform broader policy and regulatory decisions and recommendations related to this, as a detailed study relating to boarding homes is currently being undertaken. After reviewing the recommendation report prepared by staff and hearing the comments made by the delegates, members of the Committee identified that there are concerns with 'snowballing' of additional applications for nearby motels requesting that Boarding in Rooming Houses be added as a permitted use and associated implications, in the absence of a detailed study on the issue and lack of policy direction in the City's current planning and regulatory documents for this use. To this end, the Committee of Adjustment agreed that they should not be making policy directions for Council and identified that it would be preferred to defer a decision until the completion of the study. Accordingly, the application was deferred by the Committee until such time that the interim control study has been completed and Council decides the policy direction for addressing the issue. Since the time of the original application for variance to add the use, the owners of the property pursued an alternate option to legalize the existing use by undergoing a process to convert the 90 motel units to 52 apartment units and filed a Zoning By-law Amendment application to place a site specific Residential Apartment 5C Density (R5C). Through the application process, information about the proposal was circulated to commenting agencies, including internal City departments and the Region of Niagara. An open house was also held to obtain feedback from the public, in addition to the statutory public meeting required in accordance with the Planning Act. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 1 8 Page 70 of 751 Ultimately, the request was approved by Council on August 14, 2018. It is understood that the applicant is undergoing the subsequent process to obtain final approvals for the conversion. Upon completion, the Carriage House will be a legal residential apartment building. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 19 Page 71 of 751 6.0 CONSULTATION 6.1 Consultation Approach To augment the background research and to ensure recommendations are suitable for the local context, consultation activities were taken with key stakeholders throughout May 2018. Interviews were conducted with representatives from local community organizations, including the YWCA of Niagara Region, Project SHARE, Niagara Falls Community Health Centre and Nightlight Youth Services; members of the local business community and the Lundy's Lane BIA; and, staff from Niagara Region's Community Services Department. Additionally, SHS Consulting attended a Technical Advisory Committee (TAC) meeting to facilitate a solutions development workshop to understand the perspectives of the various representatives on the TAC and generate principles for solutions based on these perspectives. 6.2 Key stakeholder meetings Stakeholder interviews were conducted in small groups or in a one-on-one session. These interviews yielded a variety of responses to open and close ended questions. A copy of the interview questions and the workshop material are included in Appendix 1 of this report. Analysis of the responses resulted in the categorization of several themes, which are summarized, by stakeholder group, in the following subsections. 6.2.1 Consultations with the Lundy's Lane Business Improvement Area MHBC staff attended a meeting of the Lundy's Lane Business Improvement Area (BIA) on May 24, 2018 to introduce the members to the project, understand their perspectives on the current situation, and solicit responses with respect to potential solutions to the issue. In addition to attending the meeting, invitations to group interview sessions were sent to stakeholders as identified by the BIA Project Administrator. Two specific stakeholder interview sessions were held where there were a total of three attendees. Additionally, a copy of a letter submitted by the BIA to the City of Niagara Falls at the time of the Carriage House Minor Variance Application, which outlines the concerns of the BIA was provided to the project team and has been used in conjunction with the stakeholder sessions conducted with this group to identify the key themes. A summary of the key themes and findings from the sessions with the BIA stakeholders is provided below: City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 20 Page 72 of 751 Theme 1: Implications of giving 'Boarding House status' to motels on the tax base The letter submitted to the City by the BIA outlines a concern with the shift from a 'commercial' to a 'residential' use and the implications on the tax base. This concern was also echoed among several of the stakeholders interviewed during the consultation period. Questions were raised with respect to the nature of the operation of motels as long-term residential accommodation and whether this would constitute a residential use for the purposes of determining the tax rate for the property. Should it be determined that allowing motels to operate as long-term residential accommodation with no tourist accommodation function constitutes a residential use, a lower tax rate would apply to these sites. This would put those who operate both as a tourist and long-term residential accommodation at a disadvantage, as the commercial tax rate, which is higher, would apply. In turn, this would also result in fewer taxes collected by the City and the Region for these properties and would offload the BIA levy on to all other businesses within the Lundy's Lane BIA. It was suggested that any recommendations consider the implications on the tax base in this regard. Theme 2: Appropriateness of the Use Many of the members of the local business community expressed concern with the appropriateness and compatibility of the use with the surrounding area, noting that they have experienced significant issues and obstacles to their primary business operation since the surrounding motels have shifted to providing long-term residential accommodation. Feedback obtained from those who participated in the consultation indicated that, generally, residential rooming and boarding houses should be located in a residential area within a traditional dwelling and not in a motel building. Further, it was suggested that it was not appropriate to provide residential uses within the Tourist Commercial Zone and that the more appropriate location for this would be in a mixed use area, such as Queen Street, and not in the Lundy's Lane area. In addition to the appropriateness of the location of the use, stakeholders from the business community identified that the motel units themselves are not appropriate for long-term human habitation, as they were never built or intended for this type of use, lack appropriate facilities (e.g. kitchens) and are of an insufficient size. They noted that they are aware of families who live in one motel unit and questioned the appropriateness of an entire family living in a small space with only two beds and a bathroom. It was suggested that the use is not appropriate nor designed for extended/ permanent stay. Theme 3: Impacts on Community Improvement Plan and Streetscape Master Plan A major concern raised among the BIA was the impact of allowing long-term residential accommodation within the Lundy's Lane BIA on the Community Improvement Plan (CIP) and Streetscape Master Plan projects which are in the beginning stages of implementation. The CIP provides a suite of incentives for businesses along Lundy's Lane within the BIA boundary to make improvements which would allow for the revitalization of the corridor. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 21 Page 73 of 751 The vision for Lundy's Lane set out in the CIP is that the area become "a vibrant, attractive, mixed-use corridor. It is a key destination for visitors, a complete neighbourhood and a major commercial and cultural destination for City residents. Lundy's Lane is celebrative of its unique and long history through vibrant businesses, interesting public spaces and interactive educational opportunities." Stakeholders suggested that permitting long-term residential accommodation on Lundy's Lane is in contravention to this vision as a result of the vagrancy, vandalism, illicit activities, lack of policing and safety brought on by extended stay and would result in decreased property values. Ultimately, it is the goal to revitalize the motel properties along Lundy's Lane such that they do not provide as much extended stay and, therefore, permitting boarding houses would contradict the efforts in establishing the CIP and Streetscape Master Plan. On this matter, stakeholders spoke to the consultant team about ensuring recommendations do not jeopardize the CIP and Streetscape Master Plan implementation efforts. Theme 4: Education and Awareness The lack of education and awareness of motel operators with respect to managing a property for long- term residential accommodation was a recurring theme among the stakeholders. Many of the stakeholders identified that they are aware of situations where motel operators providing long-term residential accommodation are running into issues with collection of fees from guests and have no mechanism to assist in dealing with this. It was mentioned that the issue relates, in part, to legalities surrounding removing guests for non-payment as police officers cannot order the guest to leave the premises because they are using the unit as their residence, making it the jurisdiction of the Landlord Tenant Board to decide the tenancy status of the person and not the police. It was suggested that if the owners could operate under the Innkeeper's Act, many of the issues could be resolved as people could be more easily removed from the premises. Ultimately, those interviewed suggested that there needed to be protection for the operator as well as the guest/tenant and it was suggested that any recommendation brought forward include an education component for the security and safety of all involved so that everyone understands their legal rights and responsibilities. Theme 5: Safety The issue of safety was raised as a major concern among those interviewed. Local business owners who have establishments near some of the motel properties operating as exclusive long-term residential accommodation have reported increased incidences of theft in the area. Proprietors of businesses have reported thefts and damaged property, in addition to increased incidences of harassment of patrons, and loitering. Overall, there is a general sense that the area is no longer safe which is of concern. It was suggested that any recommendations made should put safety at the forefront. Theme 6: Regulation While the general consensus among those members of the local business community we spoke with was that the use of motels for long-term residential accommodation was not their preferred option for a solution, and that the preferred option would be for this type of use to be permitted within residential zones only, many acknowledged that if proper regulations were in place and enforced, permitting the use may be okay (though not the ideal situation). In this regard, suggestions for regulation included: City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 22 Page 74 of 751 • Maximum occupancy per unit; • Mandatory requirement for the owner or delegate (e.g. property manager) to be on site 24/7 to deal with any issues; • Maximum number of long-term units per area (based on a proportion of the population, or some other standardized metric); • Provision of proper cooking facilities; • Provision of support services on-site to deal with tenants who may have mental health issues; • Compliance with applicable law (Building Code, Fire Code, etc.); • Subject to regular inspections; • Requirement for owner/operator to take a course on fire safety, proper property management techniques, landlord/tenant rights, etc.; • Requirement that a certain proportion of the units be maintained for tourist use (e.g. a hybrid motel/ apartment); and, • Fines for non-compliance. 6.2.2 Consultations with Community Organizations In order to obtain a better understanding of how motel units may be utilized for residential purposes and what services and supports are available for people who may be living in a motel, a request to participate in a stakeholder interview session was sent out to several local community organizations. Interviews ranged in length from one hour to one and a half hours. In total, eight representatives from four community organizations participated in the process, providing responses to the interview questions. A summary of the key themes and findings of these sessions are provided below: Theme 1: There is a Housing Crisis in the City All representatives from the community organizations interviewed as part of the consultation component of the work program identified that there is a significant housing crisis within the City which has led to the use of motel units throughout the City for long-term residential purposes. One stakeholder noted that the situation has become even worse in the last year, with several of the motels coming "off the market" (the Arkona was purchased and demolished; there was a fire at the Advantage Inn; and, there have been conversions from long-term residential accommodation to student rental in a few of the establishments) and many of the motels increasing their "monthly" and "weekly" rates. This is further exacerbated in the summer months, during tourist season, when many of the long- term guests are required to leave their unit to allow for overnight tourist guests. It is during these times that those agencies see spikes in use and noted there was additional fear or concern for some of their clients, who would resort to squatting in abandoned buildings during this time for shelter. Those community organizations who work with clients to assist them transitioning out of temporary shelters, which are only intended for 1-2 month emergency stays, have traditionally assisted clients by connecting them with motel operators who could provide them a unit on a temporary basis until a traditional rental unit can be secured; however, this is becoming increasingly more difficult as many of the motel establishments they traditionally referred clients to are now at capacity and have waiting lists; and, City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 23 Page 75 of 751 there are no available apartments in the private rental market for these people to transition to. In short, the crisis identified by service providers is becoming worse as even the vacancy rates in the motels are tightening. Many of the stakeholders expressed frustration with the lack of acknowledgement of local government in the City's housing crisis and suggested that the first step toward finding a solution is acknowledging the problem and that if it is left unchecked it will get worse. Theme 2: The current use of these motels is predominantly permanent (versus transitional) in nature and prohibiting the use will exacerbate the housing crisis and result in increased incidence of street homelessness, which the shelter system cannot support Several service providers spoke about a time when motel units were used more as a form of transitional housing, when people at risk of homelessness were able to transition out of the motel and back into the private market. However, it was noted that this is no longer the case and people are becoming "stuck" in motels with no other option for housing because there is a gap in the system as a result of the low vacancy rate, lack of bachelor and 1 bedroom units', increase in the cost of rent with no similar increase in wages or other government support funding; conversion from long term residential accommodation to student rentals; and, transition of traditional boarding houses to "vacation rentals" through Air BnB. When asked to quantify the number of people who live in motel units, none of the stakeholders felt comfortable with providing an estimate other than suggesting that it is likely larger than anyone could estimate. Ultimately, when asked what the consequence would be of prohibiting the use of motels for long-term residential accommodation, all of the service providers agreed that thousands of people would be homeless and the aforementioned housing crisis would become incredibly visible. Related to that matter, shelter operators noted that they are currently running at over 100% capacity and would be unable to support the increased number of homeless persons. On this matter, it was generally agreed that unless and until these issues are addressed, the use of motel units is necessary to house low-income earners and other vulnerable persons and any recommendation should consider the root causes of the problem and providing a solution that does not result in unnecessary displacement of people. Theme 3: The use should be permitted When asked whether the use should be permitted, stakeholders spoke about how legitimizing the use would assist with removing stigma and reputation and allow for improved conditions of the units themselves (subject to regulations being put in place). They also mentioned that there is such a demand for these units due to the lack of one bedroom and bachelor apartments, which is the highest need in the City for those seeking housing. They noted that the timeframe for the development of new affordable housing units to meet the demand in the City is quite long and, therefore, permitting the use in motels at least on an interim basis is necessary to ensure the housing crisis does not worsen. Stakeholders also identified that if the City does not want to pursue a framework that allows motels to provide accommodation to people other than the travelling public then there needs to be an appropriate City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 24 Page 76 of 751 phasing/ rehoming strategy put in place. On this matter, it was suggested that any recommendation to prohibit the use would need to identify an appropriate alternate location for all of those people currently using motels as their primary living accommodation to go and ensure that housing units are available in the determined location. Theme 4: Solutions should be considered using a human -focused lens and any regulations should not result in any further disadvantage to vulnerable populations It was generally agreed that some form of regulation for the use would be appropriate, as long as these regulations did not result in any further disadvantage to vulnerable populations and/or Code protected groups. Most stakeholders were in favour of regulation, subject to the following: • Regulation should not result in the displacement of people; and, • Regulation should not result in increases in the weekly/monthly rates such that this option also becomes unaffordable for those in need of housing, which would exacerbate the current situation. Many of the service providers spoke about the varying mental health needs of those people they know of who live in motels and suggested that a potential regulation for establishing the use be that on-site services be provided or that a manager trained to de-escalate issues or deal with crisis situations be present. This was seen as a positive regulation that would lead to improvements for residents, operators and the community. Additional regulations which were seen favourably by this stakeholder group were a community room available for meetings with support workers, a community kitchen or individual kitchenettes (e.g. microwave, toaster oven, mini -fridge), social services/ supports provided on-site, and confirmation that minimum By-law standard for maintenance and occupancy is met (e.g. all codes are met and the building meets general health and safety expectations). Ultimately, any regulations should ensure appropriate provisions and space for someone with little income, recognizing that their needs are different from someone who may own a house or rent in the private market. When asked about other potential regulations, many of the stakeholders preferred to suggest that compliance with the building and fire code and other applicable law was satisfactory and cautioned that over -regulating the use would lead to exacerbating the situation by driving it further underground and worsening conditions. Some suggested that a density metric or occupancy standard (e.g. people per square foot) may be something worth implementing. All stakeholders spoke about "evictions" and "fluctuating rates" during tourist season, identifying that they are aware of some motels in the City where long-term guests are either asked to leave during tourist season and welcome to come back in the winter so that the unit can then be used for tourists at the nightly rate; or, where long-term guests are charged higher "weekly" and "monthly" rates if they stay in the unit during tourist season. They mentioned that this is not ideal, and operators should not be permitted to do this. On this matter, it was suggested that there should be some sort of control put in place to prohibit the eviction of long-term guests during tourist season and/or the increased "weekly" or "monthly" rates for long-term guests who are permitted to stay in the unit during tourist season. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 25 Page 77 of 751 Stakeholders also identified that there should be a transition period or allowance for operators to comply with any new regulations and any penalties and fines for non-compliance should be on the operator and not the residents. Theme 5: Incentives for adaptive reuse/ retrofitting/ pilot program/ partnerships should be explored Several of the stakeholders interviewed spoke about how the motel buildings are uniquely positioned to provide housing to the working poor as they are situated along transit routes and are close to existing community infrastructure, essential services and places of employment. In this regard, it was suggested that operating a pilot project out of one of the motels, in partnership with a local community organization, could be a potential avenue to understand the efficacy of the use. If the pilot project were successful, additional conversions could be permitted. Theme 6: There needs to be increased education and awareness with respect to a variety of issues Many of the stakeholders consulted spoke about a power dynamic between the motel operator and the long-term resident, indicating that many residents felt like they lacked power over their situation to speak up about deficiencies in the unit or the building for fear of being evicted and ending up homeless. It was suggested that, generally, guests do not have the education or knowledge with respect to the Residential Tenancies Act (RTA) to understand that they could make an application the Landlord Tenant Board (LTB) to determine and establish their rights as a tenant. Alternatively, they mentioned that those residents who are aware of that they can make an application to the RTA, likely would not pursue this option because they were afraid it could result in worsening the situation. Generally, stakeholders suggested that many of the people living in the motels where conditions may be sub -standard continue to do so because of a fear of repercussions from the operator, including harassment and the potential that they may end up homeless if they spoke up. Along the same lines, stakeholders discussed the lack of education of many of the operators with respect to rights and responsibilities under the Residential Tenancies Act or a lack of understanding whether or not the Residential Tenancies Act applies to them. They mentioned that they were aware of circumstances where operators were placed in situations where a long-term guest was in arrears of payment and had no mechanism to recoup the costs due to the "legal grey area" of the operation. In this regard, the stakeholders all agreed that there needs to be education provided to both the residents and operators with respect to the legalities of the operation and terms of tenancy, etc. The education component would be beneficial to both the operator and the resident. They noted that establishing the use and a framework for the use would also assist in alleviating such issues. Additionally, the stakeholders who participated in the consultation process for this study discussed the stigmatization and discrimination experienced by members of vulnerable populations and people of low- income. They suggested that efforts should be made to reduce this stigma, including increased education of local and regional Councillors with respect to the issues of affordability and discrimination in the rental market experienced by vulnerable populations and understanding the root causes of homelessness, among other things. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 26 Page 78 of 751 Finally, stakeholders acknowledged that many of the people who currently utilize motels for residential purposes throughout the City have past trauma and mental health issues which require a certain level of support and care. In this regard, it was suggested that a training and educational component be required for operators such that they are able to de-escalate situations that may arise. 6.2.3 Region of Niagara The scope of work for the project included obtaining a better understanding of the role of the Region of Niagara: as the service manager for housing and homelessness throughout the local area municipalities; in providing support services to persons using motels as long-term residential accommodation; and, in regulating Rooming Boarding and Lodging houses throughout the Region. Additionally, the interview set out to understand the perspective of the Region on the use of motels as long-term residential accommodation, more generally, and receive input on potential ways a regulatory framework could be applied within the context of the City. A summary of the key themes and findings from this session are provided below. Theme 1: It is difficult to quantify the number of people utilizing these units as permanent/ long term stay Similar to the consultation with community organizations and local service providers, when asked about potentially quantifying the number of people utilizing motel units for permanent/ long-term residential accommodation within the City of Niagara Falls, those in attendance at the meeting suggested that it is difficult to estimate and would not be accurate. This is a result of several factors, as those who are receiving Ontario Works and are living in motels may be able to be quantified, but those who receive other incomes or social assistance would not be accounted for in the Regional database. In terms of partnerships with motels, it was identified that the Region utilizes motels throughout Niagara (not limited to Niagara Falls) for emergency housing purposes. In the case of the City of Niagara Falls, the Region funds 15 units for shelter, which are operated by the YWCA. There units utilized by the Region throughout Niagara and 15 units operated by the Hope Centre. Again, similar to those stakeholders from community organizations, Regional staff identified that many people would be homeless without these units. In terms of quantifying the number of homeless people in the Region, it was noted that the point in time count does not include those in the motel units or people who are couch surfing as these people form part of the "hidden homeless" population; however, if the use were to be prohibited and enforced, the next point in time count may show a substantial increase in the number of people homeless on the streets. Theme 2: Motel units throughout the Region (including but not limited to Niagara Falls) are currently filling a need along the housing continuum When asked if the motel units within the City of Niagara Falls are currently filling a need on the housing continuum within the Region, respondents identified that these units are currently filling a need due to the low vacancy rate in the City and the Region. It was also noted that this is not specific to the City of Niagara Falls and motel units are being used throughout the Region in the same way as a result of a City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 27 Page 79 of 751 multitude of factors including the low vacancy rate across all municipalities and the rising cost of rental housing. It was noted that the motel buildings allow people with the ability to build a community while living in a space that is manageable for them and many people who reside in these motel units do so by choice due to their size and proximity to services and the community bonds they are able to form. It was mentioned that those people who are living in motels, that Regional staff are aware of, are living there on a long-term permanent basis. Similar to responses obtained through interviews with community organizations, Regional staff identified that there have been increased pressures and difficulties associated with the displacement and rehoming of people who are living in motels because several have come offline or converted to student housing and there are few locations available for rehoming. In this regard, it was suggested that any solution or recommendation proposed consider the displacement of people. Theme 3: Solutions should be considered using a human -focused lens and any regulations should not result in any further disadvantage to vulnerable populations At the meeting held with representatives of the Region, there was conversation about the Ontario Human Rights Code and the protection provided to certain groups of people under the Code with respect to housing. On the topic of regulation, staff raised a point that certain regulations could lead to legal challenges under the OHRC. For example, introducing additional restrictions or regulations on the use may put Code -protected groups at a further disadvantage and would contravene the Human Rights Code. Ultimately, it is the position of the department that motel units continue to be permitted for long-term residential accommodation. In terms of potential regulations for the use, it was suggested that the minimum standards that apply to all other uses/ operations should apply to the motel building and be met. As long as the building is in compliance with building code and fire code and is deemed suitable for living by the medical officer of health, additional regulations are not necessary. In essence, it was identified that any regulations that result in driving up the cost for accommodation would be a detriment and not supportable by the Region, as many people are unable to afford even motel units throughout the Region (not limited to the City of Niagara Falls). Potential regulations that could be explored include the requirement for individual kettle, fridge and microwaves in each unit or access to a common kitchen; ensuring all doors have locks; and, washrooms are provided and operational. On this matter, it was also mentioned that some of the motels do, in fact, have individual kitchens in each unit. It was also suggested that any new framework clarify connections to the Residential Tenancies Act. Theme 4: There is a specific difference between the Motel/ Long-term Residential Accommodation model and the Rooming Boarding and Lodging House model being studied by the Region The Region is currently undertaking a study of Rooming Boarding and Lodging Houses (RBLs) with the intent of establishing a Region -wide RBL By-law to regulate this use. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 28 Page 80 of 751 As part of the interim control study, it is important to understand the interconnections between the work of the Region and the work of the City respecting the use of motels for long-term residential accommodation. As a result, there was discussion around the RBL study to clarify its purpose and intent to understand implications for future regulations. For clarification, Regional staff identified that they do not see the use of motels for long-term residential accommodation as 'supportive housing' (e.g. provision of meals, medication, training and supportive services on-site) and therefore would not fall under any future regulations brought forward through the RBL study. In essence, it was clarified that there is a specific difference between the uses being studied by the Region and the City and the two studies would not be in conflict with one another in terms of any associated policy/ regulatory framework. 6.2.4 Technical Advisory Committee As noted in the introduction to this section, a specialized workshop was held for the TAC, with the intent of better understanding the perspectives of the various representatives around the table and generating ideas for potential solutions based on those perspectives. In this regard, the group was asked to identify what matters to them; how they are impacted by the current situation; design principles for a solution; and, ideas for addressing the issue. A summary of the responses and initial solutions proposed by the TAC is included below organized into three separate themes: "What Matters to You", "Our Solution Must" and "Ideas for a Solution". The solutions identified and summarized below in the "Our Solution Must" theme represent the general group consensus achieved at the meeting while the other two theme categories represent individual ideas and perspectives presented at the workshop. A copy of the workbook and presentation materials used at the workshop is included in Appendix 2 of this report. What Matters to You • Compatibility of land uses; • Ensuring support for local businesses and City and Regional economic objectives; • Ensuring support for persons with housing needs; • Impact on property taxes; • Appropriateness of the use; • Impact on adjacent business; • Safety, policing and regulations; • Applying a 'big picture' lens; • Safe housing; • Addressing housing affordability and long-term provision of rental housing; • Ensuring recommendations and solutions account for the potential displacement of long-term "boarders" currently residing in motels; • Compliance with building and fire codes; and, • Improving quality of life. Our Solution Must... • Not be temporary in nature; City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 29 Page 81 of 751 • Enable owners to better control units; • Provide education and awareness with respect to legal rights and responsibilities under the Residential Tenancies Act, Innkeepers Act, Human Rights Code and other applicable law; • Be practical and clearly thought out, providing planners and enforcement officials with clear rules and regulations; • Be enforceable anywhere in the City; • Identify criteria for locating Boarding Houses; • Address issues of compatibility; • Enforce design standards in business areas; • Be in harmony with applicable law (Zoning, Building Code, Fire Code); • Provide management/ support on-site or services available to each (coordination of services); • Provide safety for residents, operators, public fire, building and property standards; • Be guided by a collaborative approach and work toward building better relationships; • Include communication/ information sharing; and, • Consider displacement in the broader context of the housing continuum. Ideas for a Solution • Hybrid use with ground floor commercial, rental units above; • Introduce "Apartment Motel" where a certain percentage of units within the establishment could be used for long-term accommodation, while the remainder must be reserved for tourist use; • Introduce other new definitions and criteria, as appropriate, to reflect a range of possible ways motels could be used; • Introduce regulations through licensing and continuous/ consistent enforcement of those regulations; • Repurpose/ retrofit motel buildings for transitional housing; • Introduce a pilot project; • Introduce a Residential Motel Demolition and Conversion Control By-law (similar to Vancouver); • Explore acquiring surplus lands (e.g. former school sites) for the development of affordable housing; • Provide an educational component and ensure operators have competency to manage a property containing residents with mental health issues; • Motels wishing to operate as residential/long-term accommodation should be required to have a property manager on-site at all times; • Motels wishing to operate as residential/ long-term accommodation should be required to provide adequate cooking facilities; • Specific criteria must be met in order for a motel to operate as residential/long-term accommodation; • Provide funding incentives for purpose built rental housing in residential areas of the City; • Allow for an exemption period for achieving compliance with any new framework; • Explore potential partnerships with community organizations and developers to address housing shortage; and, City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 30 Page 82 of 751 • Introduce 'interim' solutions to address immediate need for housing which could be phased out as efforts to expand the affordable housing stock continue and the vacancy rate stabilizes. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 31 Page 83 of 751 7.O ADDITOINAL JURISDICTIONS REVIEWED The background research and analysis report provided examples of policy and regulatory frameworks for Boarding Houses applied within the context of the Province of Ontario, as well as the Cities of Vancouver and Edmonton. Through discussions with SHS consulting and City of Niagara Falls Staff, it was determined that additional jurisdictions outside of Ontario should be explored to assist with understanding how this issue is being addressed in similar contexts and obtaining a wider breath of approaches that are utilized. In this regard, the tourist area along the route to Disney World in Florida and the City of Los Angeles were examined. A summary of these approaches is provided in the following section. 7.1 Florida A recurring theme that emerged through the contextual analysis was the uniqueness of the City of Niagara Falls in that there is a large concentration of older style motels located throughout the City and in the Lundy's Lane area, in particular, which is not observed elsewhere; and, the major economic driving force and seasonal nature of the tourist industry within the City. Looking throughout the United States, the state of Florida, particularly along US Route 192 toward Walt Disney World, provides a comparable example to the City of Niagara Falls. It is estimated that more than 60 motel establishments are located in Seminole County, Osceola County and Orange County, Florida, along US Route 192 which leads to Walt Disney World. This highway used to be the gateway to Walt Disney World; however, with the expansion of tourist attractions throughout Central Florida and the widespread construction of resorts, as well as other routes to these attractions, Highway 192 lost its convenience and appeal to tourists. Over time, this led to a shift from these motels to accommodating tourists to offering low rates for long term residential guests or be forced to close down. Based on a 2012 report prepared by the Florida Department of Education, it is estimated that more than 3,900 families live in the motel establishments along this stretch of highway. In accordance with the US Department of Housing and urban Development's definition of 'homeless', those people who are living in motels are considered to be homeless. Factors attributed to people using motels for a residential purpose in this area include, but are not limited to, the proximity of these motels to residents' places of work in the tourist industry, availability of public transit along US Route 192, mismatch between average minimum wage for tourist industry workers and average market rents, lack of affordable housing within the County, and inability to acquire enough money to secure first and last months' rent in the private rental market. With respect to zoning, the regulatory framework in these Counties is similar to that of the City of Niagara Falls, whereby the use of a motel unit as a 'permanent' residence is not permitted in accordance with the City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 32 Page 84 of 751 Zoning Ordinance. While the use of a motel as a permanent residence is not permitted, this is something that is not strictly enforced as doing so would result in an exacerbated situation of visible street homelessness. In other words, if the Counties were to pursue evictions on those people living in motels and enforce the regulations, the street homeless population would increase as there are no other housing options available and shelters in the area are full or over capacity. Initiatives in Central Florida to change zoning laws and enforce code statutes in an attempt to shut down extended stay motels located in areas that are considered viable for tourism have been explored, with the business community viewing this as a positive step for the local economy while homeless advocates worry about the impact it will have on displaced or dislocated people. Additionally, many motel owners in this area saw these initiatives as negative as they would impact their ability to remain in business. This is similar to the experience of Niagara Falls, where the vacancy rate is below the 3% threshold identified as 'healthy' according to the Canada Mortgage and Housing Corporation and the shelter systems in the City are operating over 100% capacity. With respect to legality, Florida Statute 509 regarding lodging states that "non -transient occupancy means occupancy when it is the intention of the parties that the occupancy will not be temporary". This statute also states that when the occupied unit is the sole residence of the guest, the occupancy is non -transient. This has led to much debate around motel operators throughout the state, and along US 192 in particular. Motel operators believe that a "28 day rule" applies to considerations of a motel guest as a resident whereby a guest cannot be deemed a resident unless they have stayed in the motel for 29 consecutive days in order to avoid guests attaining "tenant rights". They argue that their establishment is not a residential establishment and they should have the ability to informally evict someone from the premises without having to file a formal eviction through the same process as a traditional landlord. However, there have been cases where law enforcement have refused to remove a guest from the property before the "29`h day" as they were able to demonstrate that their intention was to make the unit their permanent home and had no other fixed address. This framework is similar to that of Niagara Falls, were some motel operators attest that the operation is governed under the Innkeepers Act as opposed to the Residential Tenancies Act. As noted in the background report, however, if it is unclear whether the Residential Tenancies Act applies to someone who is using a motel room for extended stay purposes, an application to the Landlord Tenant Board can be made for determination regarding whether or not the Act applies. The determination is made based on the facts of that particular case and is not bound by precedent. While the Landlord Tenant Board is not bound by precedent, review of several cases brought before the Tribunal in the recent past show that there are many instances where the Landlord Tenant Board has deemed a guest of a motel to be a tenant notwithstanding the operator's assertion that they are governed by the Innkeeper's Act. In terms of solutions to the issue, research indicates that the following interventions have been explored and/or applied: • Several community organizations and local developers have proceeded with purchasing motel properties and converting them to affordable housing, allowing residents to remain in place. In some cases, this has resulted in applications to amend the Zoning Ordinance to establish a residential use. This has been done as part of public/private partnerships, where developers have City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 33 Page 85 of 751 partnered with community organizations to provide housing for a specific group of people (e.g. veterans, seniors). Other instances have been funded solely by private investors, without any government subsidy, tax credits or other form of funding partnership and operate as affordable housing for those people working in the tourist industry. These conversions often involve retrofitting portions of the building to include common kitchen facilities or retrofitting individual units to include an 'economy' kitchen, consisting of a hot plate, fridge, and microwave; • Westgate Resorts has developed a program called Hospitality Helps, which is part of the Westgate Foundation, and aims to help families living in motels in Central Florida transition out of homelessness. Through the Hospitality Helps initiative, Westgate Resorts, in conjunction with several partners in the hospitality industry, property management companies and local and state government agencies have assisted more than 200 families transition out of homelessness and into sustainable living situations. Ultimately, the goal of this initiative is to revive business vitality along US 192 in the long term by assisting those living in motels to find suitable housing alternatives in a humane and proactive manner. On this matter, Mark Waltrip (COO of Westgate Resorts) has stated "I believe we have a responsibility to help them. That's why I have been strict on saying help first and enforcement second" and David A. Siegel, founder of Westgate Resorts has said "it is my hope that Westgate Resorts' public commitment, both financially and through the providing of jobs and housing as part of our Hospitality Helps program, will encourage the involvement of other business leaders to bring resources and solutions to this important issue"; • In January of 2016, Osceola County announced that they would be unrolling a multi-year plan to improve West 192 corridor hotels, motels and businesses to achieve both tourism objectives and assist families living in hotels to find traditional long-term housing. As part of this initiative, the County launched a strategy which aims to target hotels with the highest and most serious calls for service, including fire, medical, code and law enforcement assistance. The intent is to identify these hotels and transition those people living in them into more permanent housing via support programs for qualifying persons (e.g. provision of rental down -payment assistance, etc.) and transition these back to their intended commercial use over the long-term. In order to implement this strategy, the County announced that it approved additional code enforcement staff dedicated to the area, and increased assistance for homeless families and funding to provide affordable housing. The County is also investigating establishing a nuisance abatement board which would be quicker than the existing code enforcement process to bring properties into compliance, as it would give the County power to issue orders and allow for interventions to abate a public nuisance, including closing a business; and • At the time of writing this report, the status of implementation of any of the measures identified in the County's strategy is unknown. 7.2 Los Angeles In order to address issues of homelessness throughout the City of Los Angeles, a series of strategies, initiatives and ordinances have been implemented and many of these involve the use of the City's older hotel stock to provide housing for vulnerable populations. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 34 Page 86 of 751 In particular, Strategy 7C of the City's comprehensive Homelessness Strategy (2016) recommends that the Housing and Community Investment Department and the Los Angeles Department of City Planning report on identifying additional opportunities for adaptive reuse for existing private and public properties in the City of Los Angeles capable of being converted into bridge housing or more permanent homeless housing. This strategy identifies that special focus could be paid to existing high-density structures like hotels, motels or multi-storey buildings capable of residential conversions. In order to incentivize this, the City has an adaptive reuse program which has allowed for the creation of almost 14,000 units since 2006. Through this program, and other similar programs, homeless housing and service providers in Los Angeles have successfully converted buildings once used for temporary lodging as hotels or motels into bridge housing and permanent housing for the homeless. This is seen as a positive incentive as these building conversions address the needs of the homeless while preserving structures and existing neighbourhood character. In addition to incentivizing the adaptive reuse of buildings for affordable housing, the City has recently passed two additional ordinances to allow for increased housing options: the residential hotel unit conversion and demolition ordinance and the interim motel conversion ordinance. These two ordinances are described below Residential Hotel Unit Conversion and Demolition Ordinance The City's Residential hotel unit conversion and demolition ordinance was instituted in 2008 with the intent of minimizing the adverse impact on the housing supply and on displaced low-income, elderly and disabled persons, which results from the loss of residential hotel units through conversion and demolition. The ordinance establishes the status of residential hotel units by regulating their demolition and conversion to other uses. The introduction of the ordinance was based on findings that there is a severe shortage of decent, safe and sanitary rental housing in the City which impacts elderly, disabled and low-income persons significantly and the removal of residential hotel units from the market would result in a further housing emergency. As a result, the Los Angeles City Council recognized the housing emergency caused by the loss of residential hotel units and enacted an ordinance that established a moratorium on the demolition or conversion of residential hotel units to any other use. Council determined that it was in the public interest that the conversion and demolition of residential hotel units be regulated and resident tenants should be protected and limited housing resources should be protected. The Ordinance defines terms such as "Efficiency Dwelling Unit", "Light Housekeeping Room", "Residential Hotel", "Residential Unit", 'Tourist Unit" and 'Tenant". In accordance with the Ordinance, notification of the provisions is to be sent by mail to owners of any hotel that is classified as a Residential Hotel. An owner of a Residential Hotel who alleges that the hotel contains Tourist Units may file an appeal to be exempt from the ordinance. The Ordinance prohibits the conversion or demolition of a Residential Hotel until such time as an Application for Clearance has been made by the owner and approved by the City. In other words, if an City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 35 Page 87 of 751 owner of a Residential Hotel applies for a building permit or that constitutes a conversion, or proposes a new development on the site which would result in the demolition of the Residential Hotel, they would also have to apply for clearance and demonstrate that they meet the criteria to proceed with demolition or conversion. The following conditions must be satisfied in order to obtain clearance: 1. Construct, for each residential unit to be converted or demolished, a comparable unit in the City of Los Angeles within a two mile radius of the units to be converted. 2. Pay a fee in an amount equal to 80% of the cost of construction of an equal number of comparable Residential Units plus 100% of the acquisition costs. Fee payments are to be placed into an Affordable Housing Trust Fund. 3. Convert residential units to units that are either light housekeeping rooms, efficiency dwelling units or dwelling units and which shall be subject to a regulatory agreement filed guaranteeing for a period of at least 55 years that at least 10% of the units shall be affordable to households with income no greater than 30% of the Area Median Income, at least an additional 40% of the units shall be affordable to households with income no greater than 40% of the Area Median Income, and at least an additional 30% of the units shall be affordable to households with income no greater than 50% of the Area Median Income. The initial rent for remaining units may be set at any amount. The ordinance also establishes that it is unlawful for any person to convert or demolish any Residential Hotel Building or Residential Unit and is subject to a fine in the amount of $250 per day for each violation. Annual reporting measures are also set out in the Ordinance, requiring the General Manager of the Los Angeles Housing Department to provide: • Current data on the number of Residential Hotels and Residential Units in each of the Residential Hotels; • Current data on the number of Residential Units converted or demolished pursuant to an approved application for clearance; • Current data on the number of Residential Units eliminated due to demolition as a result of major fires, natural causes or accidents; • Current data on the number of Residential Units illegally converted; • Current data on the number of replacement housing units rehabilitated or constructed; • A summary of the enforcement efforts by all City agencies responsible for the administration of this article; and, • A report on expenditures of monies in the Affordable Housing Trust Fund received pursuant to the provisions of this article. Finally, the Ordinance contains an urgency clause which states that 'The City Council finds and declares that this ordinance is required for the immediate preservation of the public peace, health and safety for the following reasons: Residential hotels, including single room occupancy hotels, are often the housing of last resort for the poor living in the City of Los Angeles. If residential hotels are converted or demolished, a crucial housing resource would be permanently lost. The City's homeless population would very likely increase, exposing already at -risk persons and families to inhumane living conditions, as well as making City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 36 Page 88 of 751 them more vulnerable to crime. Downtown Los Angeles and many other areas of the City that have traditionally provided low-income housing are experiencing gentrification that displaces low-income households. During the last five years, property owners have removed over 13,000 rent stabilized units pursuant to the State Ellis Act. Statistics provided by the Housing Department illustrate the impact on the City's housing market by the loss of residential hotels. The City has 336 residential hotels, accounting for 18,739 units. Los Angeles also has the nation's largest homeless population. Unregulated conversion or demolition of residential hotels would lead to an unacceptable and socially harmful increase in homelessness in Los Angeles." Interim Motel Conversion Ordinance The City's interim motel conversion ordinance was passed in 2017 and allows for existing underutilized motels and hotels to be retrofitted and used for transitional housing and supportive housing. The City considers this ordinance to be a creative, cost-effective and time -sensitive solution to increasing the City's supply of transitional and supportive housing. The intent of the ordinance is to facilitate the interim use of dwelling units or guest rooms in existing hotels, motels, apartment hotels, transient occupancy residential structures and hostels as supportive housing and/or transitional housing. It is intended to be temporary in nature and is allows to operate as an 'Interim Motel Housing Project' and permits the property to return to its previous use, or any use consistent with the underlying zoning, upon termination of the interim supportive housing and/or transitional housing use. Funding is available for those who wish to utilize an existing non-residential high density building (hotel or motel) for supportive housing and transitional housing. Within the ordinance, the City defines an 'Interim Motel Housing Project' as follows 'The physical re -purposing or adaptation of an existing hotel, motel, apartment hotel, transient occupancy residential structure, or hostel for the purposes of using such building or buildings for supportive housing and/or transitional housing. All dwelling units and guest rooms in the project must be used for supportive housing and/or transitional housing. It may not at any point in time result in any additional floor area or an expansion of the building footprint or height, nor shall it result in an increase in the total combined number of dwelling units or guest rooms on the property. Any floor area used for on-site supportive services shall be considered accessory to the residential use" The background report prepared in support of the ordinance identifies that hotels/motels are suitable for this type of housing as they provide an opportunity to utilize existing facilities within communities to provide housing and services for families and individuals experiencing homelessness. The rationale for this use is partly based on the fact that the modifications required to transition to this use are able to be completed on a much quicker timeline than it typically takes to construct new housing units and given the severity of the homelessness situation an immediate intervention is preferred in the interim/ until such time as the housing crisis abates. Any operator interested in establishing an 'Interim Motel Housing Project' is subject to an application and approvals process, which is outlined below: City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 37 Page 89 of 751 • The department of building and safety shall review all projects for zoning compliance and adherence to performance standards. The interim motel housing project shall be approved if the application requirements, zoning compliance and performance standards are met • Prior to issuance of a building permit, a copy of an executed contract agreement which demonstrates that supportive housing and/or transitional housing use to be provided on site and associated supportive services have received funding from a local public agency, as identified on a list maintained by the Department of City Planning, and is in place and ready to commence operation upon project occupancy • Upon any termination of the supportive housing and/or transitional housing contract, the interim motel housing project shall be required to notify the department of building and safety and one of the following is to be completed: • Submit an application to return to the previous use or any use permitted by the current zoning regulations • Provide a copy of a new executed contract agreement. Additional regulations for operation and compliance are included in the ordinance as follows: • Interim motel housing projects shall not be subject to any otherwise applicable zoning ordinance and/or specific plan or other overlay district regulations but not limited to the following: • Minimum area per dwelling unit or guest room • Off-street automobile parking • Use • Change of use • Nonconforming use of buildings in manufacturing zones • Nonconforming use in A and R zones; • Guest rooms may be supplemented with cooking facilities including a sink, a refrigerator not exceeding 10 cubic feet, counter space not exceeding 10 square feet, and a hotplate or microwave; • Any building used for an interim motel housing project that is nonconforming as to area and/or use regulations or any other zoning code requirement shall be authorized to return to the original use and condition for which a Certificate of Occupancy was valid at the time of application, notwithstanding any physical alterations to the subject property. Any floor area used for supportive services may be returned to use as guest rooms and/or dwelling units, or may be converted to accessory amenity spaces, so long as the total number of guest rooms and the total number of dwelling units do not exceed the number approved on the previous Certificate of Occupancy; • The following Performance Standards shall be met: • Supportive Service Area- floor area dedicated to supportive services may be provided onsite within an existing building, but shall not exceed 10% of the total Floor Area of the building • Lighting- security night lighting shall be shielded so that the light source cannot be seen from adjacent residential properties City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 38 Page 90 of 751 • The use shall not be considered an increase in density or other change which requires any corresponding discretionary action. Floor area dedicated to support services shall be accessory to the supportive housing and/or transitional housing use. Lighting on the site should be adequate to provide for public safety and should not spill out on adjoining residential uses; and, • All projects must maintain a contract to provide supportive housing and/or transitional housing, and associated supportive services and rental assistance. Supportive services may be provided offsite or on site. the City anticipates motels and hotels would maintain the contract for a minimum period of 15 years. Other strategies in the City's Homelessness Strategy Document identify the use of motels and motel vouchers as part of a suite of homeless prevention and diversion tools/strategies. In this instance, the motel units are not intended for permanent stay but are used as a short-term homelessness prevention measure for an individual or family in crisis. Examples of other tools include utility payments, employment development and legal assistance. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 39 Page 91 of 751 8.0 OPTIONS FOR CONSIDERATION The current policy and regulatory framework within the City permits hotels, motels, commercial, standalone residential' and mixed use development within Commercial areas as defined in the Official Plan. The City also has a range of definitions for the various uses associated with Motels, which are provided below. Hotel: means a commercial building providing temporary accommodation for travelers or transients on a year round basis and having at least two storeys and 20 bedrooms for guests, a public dining room and public meeting rooms with all rooms and facilities on each floor connected by an inside corridor or corridors and which may be licensed under The Liquor Licensee Act, 1975. Motel: means a building or buildings or part thereof consisting of a number of motel units and catering primarily to the travelling public by supplying overnight sleeping accommodation with or without meals and which may be licensed under The Liquor Licensee Act, 1975, but does not include a hotel. Dwelling Unit: means a unit that, (i) Consists of a self-contained set of rooms located in a building or structure; (ii) Is used, intended or designed for use as residential premises; and (iii) Contains kitchen and bathroom facilities that are intended for the use of the unit only. Boarding or Rooming House: means a dwelling in which the proprietor supplies for gain lodging with or without meals to three or more persons other than the proprietor or members of his family but does not include a tourist establishment, hotel, hospital, home for the aged or other establishment otherwise classified or defined in this By-law. Motel Unit: means a room or suite of a motel which is capable of being rented separately and which has its own bathroom. Hotel and Motel uses, as defined, do not constitute a residential use and were not built with the intent to be used as permanent housing. However, as noted throughout this report, many changes have occurred that have led to the change in the traditional use of motel units to providing long-term residential accommodation, including: ' Standalone residential is permitted in certain tourist districts and sub -districts, in accordance with the Official Plan. The current Zoning By-law does not currently implement this policy set and, therefore, an Amendment to the Zoning By-law would be required for standalone residential. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 40 Page 92 of 751 • Changes to the tourist landscape of the City; • Changes in the local and global economy; • Low vacancy rate for bachelor and 1 -bedroom units; and, • The lack of affordable purpose-built rental housing. This use, now clearly in place, has assisted in filling a gap along the housing continuum by providing long term stay and accommodation for many in the community. While using the facilities for emergency housing and short-term accommodation (by agencies and individuals) is not a long-term solution, as the units themselves are not always suitable or equipped to house people on a permanent basis, they are currently serving a need in the City and are doing so in the absence of any clear policy direction and regulation. Throughout the second phase of the research and analysis conducted, including stakeholder interviews and discussions at the TAC Workshop, it was evident that there was a significant divergence in opinions regarding an appropriate solution to the issues. On one hand, it was noted that maintaining the units for residential accommodation is justified on the basis that the City is currently experiencing a housing crisis and the units are assisting to fill an immediate need. On the other hand, ensuring the commercial function of the various tourist districts throughout the City is maintained is also important. Ultimately, what emerged was the need to provide a solution that balances these interests knowing that no one solution will address all of the issues. Maintaining the status quo by continuing to allow motel operators to function and operate as long-term stay without appropriate regulations or the legalization of the use is not, in our opinion, a viable option. Another option available for consideration would be to prohibit the long-term residential use. In order to enforce the prohibition, By-law enforcement would need to actively pursue violations and require that motel owners operate their establishments for the intended use as defined in the City's Zoning By-law, which is to provide overnight accommodation to members of the travelling public only. Orders to comply would need to be issued to operators if, upon inspection (which is also problematic), it was determined that the establishment is not being operated in accordance with the defined use of Motel. If the City were to pursue an option to prohibit the use, The Continental Inn would continue to be the only recognized and legally operating use of this type within the City. Those establishments operating (illegally) in a similar manner would be required to remove long-term residential guests in order to comply with the order and, in turn, the City could expect to see an increased incidence of street homelessness. This option may also be resource -intensive on the part of the City and may not be the best use of resources, as many individuals and households may become homeless without an alternate housing strategy in place. This option is also, in our opinion, not reasonable as it will not address the issue of health and safety of the units or housing needs within the City. Another alternative option would be to permit the motels to operate as rooming, boarding and lodging houses within residential designations. This would require a Zoning By-law Amendment, in accordance with the policies contained within the City of Niagara Falls Official Plan. This option also does not address the many issues raised. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 41 Page 93 of 751 The response obtained at the TAC Workshop clearly noted that a solution must be implementable and it must consider the safety and security of the individual residents and address the concerns and issues of those who are operating businesses in the area. Questions to consider in developing viable options are as follows: 1. Is there a long-term solution? Ultimately, the long-term solution should phase out the use of motel units for residential purposes by creating new affordable dwelling units with appropriate support in appropriate locations. An ideal future scenario is one in which people who are currently residing in motel units are able to transition out of the motel unit and into a residential unit that meets their daily needs with minimal disruption. There may be potential for conversion of some of the motels to residential uses, over the long-term, as evidenced by the recent Carriage House application. There are many examples of adaptive reuse of motels for different kinds of affordable housing, including transitional house and emergency shelters, throughout North America. In any case, the creation of new affordable dwelling units in any form cannot happen in the short-term and requires considerable investment by all levels of government, as well as the private sector, to create units. In many of the areas where motels currently exist, residential uses (standalone and mixed use) are permitted in accordance with the Official Plan. In fact, residential intensification along Lundy's Lane, in particular, is supported by both the Official Plan and the recently approved CIP. This solution, including adaptive reuse as appropriate, could be implemented with appropriate government funding, incentives, planning policy or partnerships to develop additional affordable housing. 2. How do we address the current use? As noted on Page 47 of this report, the City's Zoning By-law includes defined terms for 'Dwelling Unit', 'Motel Unit' and 'Boarding or Rooming House'. Many of the motel establishments are technically not a motel, by definition, as they are operating with long-term residential accommodation for persons other than the travelling public which is not the intended use. In essence, the current use most closely resembles that of a Single Room Occupancy (SRO)2 or a hybrid of a Motel and a Single Room Occupancy (SRO). We note that the Continental Inn is currently permitted to operate as a Boarding or Rooming House in accordance with an approved variance. If a SRO use is to be permitted, should it be permanent or temporary in nature? What parameters need to be in place to ensure safe and functional SRO units? What can and cannot be addressed through new zoning and policy provisions (operations and management)? Any recommended solution will need to carefully consider these questions. This report considers three potential options for addressing the current issue, in relation to these questions for consideration, with the aim of balancing the needs and perspectives of community stakeholders. It should be noted that the claim of occupants for permanent tenancy under the RTA may continue to be an issue under several options except the option that creates permanent dwelling units. This issue, as well as Single Room Occupancy (SRO) is generally understood as being rooming houses and residential hotels that contain very small rooms and shared facilities City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 42 Page 94 of 751 the student housing issue, will need to be carefully considered in the drafting of any policy and regulatory language to ensure these matters are considered. The options for consideration are described in the following sections. 8.1 Option A- Allow Single Room Occupancy Conversions Based on the research conducted to date and the input received from stakeholders, it is evident that the City's current definition of "Boarding or Rooming House" does not fit what is occurring in motels throughout the City, primarily because the use does not exist within a Dwelling and it is operating in a legal tourist establishment. The intent of the current definition is to define and regulate what is traditionally understood to be a Boarding or Rooming House and is residential in nature (e.g. individual rooms in a house with separate locks and shared bathroom and kitchen facilities where people may or may not act as a 'single housekeeping unit'). As noted in this report, as well as in the background report, the City permits Boarding or Rooming Houses within the residential areas of the City, subject to a Zoning By-law Amendment. The Official Plan and Zoning By-law do not consider that a Boarding or Rooming House could be a Hotel or Motel establishment although it exhibits many of the same attributes. While the City's planning and regulatory documents do not consider that a Boarding or Rooming House could be a Hotel or Motel establishment, the Official Plan does allow for residential uses within the Commercial and Tourist Commercial designations (standalone and mixed use, as determined by the applicable policy set for each subdistrict). What is occurring in the motels is a form of Rooming House that could be better defined and regulated as illustrated in other case study municipalities. One option available for consideration is to allow for the conversion of motel establishments to SROs with additional regulations and parameters for the conversions. This option would permit 100% conversion of a motel to an SRO building. An option that would allow for the legalization of these uses requires new definitions for "Single Room Occupancy (SRO)" and "Single Room Occupancy (SRO) Unit". Consideration should also be given to the requirement for a registration and licensing process. The implementation of this option would include the following: • Introduce new defined terms "Single Room Occupancy Building (SRO)" and "Single Room Occupancy (SRO) Unit"; • Motels that provide accommodation primarily to the travelling public would continue to be permitted so long as the operation meets the definition of Motel; • A Single Room Occupancy Building would be any motel operation that provides long-term residential accommodation only and wishes to continue doing so under the new framework; • A Single Room Occupancy Unit would be defined as a unit that constitutes a separate, independent residential occupancy which is not self-contained in that it provides only some of the necessities of daily living and requires access to other parts of the building or complex to City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 43 Page 95 of 751 complete all tasks of daily living and would be permitted within an SRO building or within a motel or portion of a motel offering long-term accommodation; • The revised definition would require that private washrooms/ showers be provided in each SRO Unit and that either individual cooking units or kitchenettes be included within each SRO Unit (e.g. mini -fridge and microwave) and/or that shared common kitchen facilities be provided on the premises to ensure occupants are able to meet all their needs of daily living. Additionally, accessory amenity space would be required per SRO unit on the premises to ensure occupants are able to meet all their needs of daily living. • An update the Official Plan would be required to provide the policy framework for the SRO use within the Commercial and Tourist Commercial designations throughout the City. This should also include locational criteria; • An update to the Zoning By-law would be required to add the use and establish the regulations and parameters for this use within the Commercial Zones (Tourist Commercial, General Commercial and Central Business Commercial). Regulations for setbacks, parking, lot size, and minimum amenity space would be established in the Zoning regulations; • Introduce a Licensing By-law which includes additional regulations for an SRO use that cannot be controlled through the Zoning By-law. Any motel operator wishing to convert would need to obtain the appropriate permission and license to operate as an SRO use and would be subject to the requirements and regulations for the operation contained within the By-law. These regulations could be modelled after those case study areas highlighted throughout this study (Oshawa, Ottawa, London, Vancouver, Edmonton and Los Angeles) as well as those suggested regulations provided through the stakeholder consultation and TAC meetings. Copies of sample By-laws utilized by some of the case study areas are provided in Appendix 3 of this report. Licensing could include the requirement for owner/operators to be on site 24 hours a day, regular inspections and registration. These would be refined and confirmed through the final phase of the project; • If, upon inspection, it is determined the establishment is operating in contravention of the definition of "Single Room Occupancy", as set out in the Zoning By-law and Licensing By-law, the operator would be issued with an order to comply and could be subject to a fine (to be established through the implementation of the new framework) with the Licensing By-law introducing the requirements for inspection; and, • Introduce a Single Room Occupancy demolition and conversion control By-law which prohibits the future demolition and/or conversion of Single Room Occupancy Units without the replacement of these units. Within this By-law, should the property ever redevelop for residential or mixed use in the future, the number of Single Room Occupancy Units provided at the time of registration of the operation would require replacement, in accordance with the demolition and conversion control By-law. The By-law could also establish criteria for maintaining a proportion of units at affordable rents and/or compensation to a housing fund. This option provides a framework within which the current use, operating illegally, can operate legally and in compliance with standards set out in applicable law. It provides operators with certainty that they can continue their operation, subject to compliance with the City's policies, regulations and standards and provides existing residents with certainty that they are able to live in a unit on a property that is recognized City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 44 Page 96 of 751 as legal by the City and has undergone inspection to ensure the living space is safe and suitable for human habitation and maintained as such moving forward. Further, this option provides the City with a mechanism to enforce standards, issue orders to comply and institute penalties for non-compliance. As noted briefly in this report, some of the motels have recently converted to providing residential accommodation to college and university students, which is also not a permitted use. Under the proposed new framework, these would be permitted as SRO units. Sub -option Al As a sub -option, in addition to allowing motel buildings to convert to SRO buildings, units within motel buildings could also be dedicated as SRO units with the following items to be included in the framework, in addition to those described above: • A Motel operation would be permitted to provide both long-term residential accommodation (SRO Units) and accommodation to tourists. Any such operation would be required to maintain a proportion of the units available for tourist/ guest use and a proportion for SRO units/ permanent residents, in accordance with the definition, and this mix would require to be maintained year round (i.e. the proportion of SRO units could not be used as motel units during tourist season). Under this option, Motel operations would require some upgrades to ensure that either each designated 'SRO Unit' provides the requirements for residents to meet their daily tasks of living or provides those facilities on-site for communal use (e.g. common amenity area). The proportion of SRO units and Motel units would be identified through a licensing process with the specific units dedicated as SRO units identified on a sketch plan; • Any motel operator wishing to operate as a Motel with SRO Units would be subject to the requirements and regulations for the operation contained within the Zoning By-law and Licensing By-law. These regulations could be modelled after those case study areas highlighted throughout this study (Oshawa, Ottawa, London, Vancouver, Edmonton and Los Angeles) as well as those suggested regulations provided through the stakeholder consultation and TAC meetings. Copies of sample By-laws utilized by some of the case study areas are provided in Appendix 3 of this report. These would be refined and confirmed through the final phase of the project. This sub -option provides a framework within which the current use, operating illegally, can operate legally subject to compliance with standards set out in applicable law. It allows operators to use only a proportion of their property for SRO Units, while the other proportion is maintained as Motel Units- essentially a 'hybrid' of the two uses. This option provides operators with the ability to maintain a viable business operation while addressing concerns expressed by local business operators with respect to maintenance of commercial uses on motel sites for taxation purposes. Additionally, it provides residents with certainty that they will not be asked to leave by the operator during tourist season, as the unit is secured as a SRO Unit in perpetuity. Further, it provides residents with certainty that they are able to live in a unit on a property that is recognized as legal by the City and has undergone inspection to ensure the living space is safe and suitable for human habitation and maintained as such moving forward. In terms of regulation and enforcement, this option would pose some difficulties. In completing routine inspections or responding to complaints, By-law officers may run into difficulties in enforcing regulations. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 45 Page 97 of 751 Additional inspections would need to occur to ensure that the units are being used for their approved purpose and the established proportion of SRO units or Dwelling Units is maintained year-round. Similarly, additional enforcement and inspection would be required to monitor and ensure the dedicated Motel Units continue to be used for that purpose by guests. It may also be difficult for operators because they would need to understand the legislative/ regulatory/ licensing framework they are operating under for both the motel portion and the SRO portion. Ultimately, with a mixture of both on the site, it becomes difficult for enforcement officers to distinguish whether the operation is in compliance with the Zoning and Licensing By-laws. In implementing both Option 1 and Option 1A, there may be some administrative difficulties associated with permitting the conversion of a proportion of units only; however, based on discussions with the Technical Advisory Committee and feedback from stakeholders, allowing for the conversion of motels to SRO buildings and permitting SRO units within motels would provide flexibility for operators, ensure that residents are not displaced and maintain a commercial/residential mix. It would also support maximum use of the site and facilitate residential intensification along Lundy's Lane, consistent with the intent of the existing designation and zoning. The process involved on the part of the owner/applicant for this option would be as follows: • Application for a change of use to recognize Single Room Occupancy Building; • Application for Single Room Occupancy Licensing; • Annual renewal of Single Room Occupancy Licence; Under this option, traditional Rooming, Boarding and Lodging Houses would continue to be permitted within residential designations, subject to a Zoning By-law Amendment, in accordance with the policies contained within the City of Niagara Falls Official Plan. Implementation of this option would require additional staff resources as follows: • Review and approval of applications for change of use; • Review of applications to ensure zoning compliance; • Review and approval of applications for a licence (and associated inspections); • Review and approval of annual renewal applications for licenses; • Initial inspection and annual inspections thereafter upon license renewal; • Administration of licensing and paperwork; • Education and outreach; • Ongoing enforcement and compliance (complaint -based system as is currently utilized for municipal law enforcement); and, • Ongoing monitoring and record keeping for planning purposes. 8.2 Option B- Allow an Apartment Motel Another option available for consideration is to allow motel establishments throughout the City to provide long-term residential accommodation, in combination with the motel use, and introduce a policy City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 46 Page 98 of 751 framework within which this could occur. In this option, amendments to the Official Plan and Zoning By- law would be required to establish the policies and regulations for such uses. This would include introducing new definitions in both the Official Plan and Zoning By-law which clearly define the uses and set out regulations in zoning. This would also require a registration or licensing process to institute additional controls beyond zoning regulations for the new use; and, the creation of a demolition/conversion control By-law. The implementation of this option would include many of the same requirements as Option A: • New defined use- "Apartment Motel"; • Motels that provide accommodation primarily to the travelling public would continue to be permitted so long as the operation meets the definition of Motel; • An Apartment Motel would be defined and permitted to provide both residential accommodation (dwelling units) and accommodation to tourists. An Apartment Motel would be required to maintain a proportion of the units available for tourist use and a proportion for residential, in accordance with the definition (e.g. 75/25 residential/ commercial split), and those residential units would be required to meet the definition of 'Dwelling Unit'. Under this option, Apartment Motels would require retrofits and upgrades to the proportion of the units deemed to be provided for residential use such that they meet the definition of 'Dwelling Unit' and comply with applicable Codes; • Any motel operator wishing to operate as an Apartment Motel would need to apply for a change of use. All dwelling units would need to conform to the building code's definition of dwelling unit and would be considered residential units for which no license is required (these dwelling units would operate as residential apartments do, which are not licensed). • If, upon inspection, it is determined the establishment is operating in contravention of the use as set out in the Zoning and Licensing By-laws, the operator would be issued with an order to comply and could be subject to a fine (to be established through the implementation of the new framework). • Should the market change such that the land on which the Apartment Motel is situated becomes viable for redevelopment (either standalone residential or mixed use), the percentage of units deemed to be 'Dwelling Units' at the time of the registration of the operation would require replacement, in accordance with a demolition and conversion By-law. This option would essentially provide a mixed use site (residential dwelling units and commercial motel units). Residential units would be permitted and operate as apartment buildings operate while the motel units would continue to operate as defined. This option may result in the displacement of residents given that some units may be lost to allow for the upgrades necessary to meet the Building Code Requirements for a dwelling unit. Based on research and discussions with stakeholders it is understood that the Region's waiting list for 1 -bedroom Regional Housing units in the City of Niagara Falls is 16 years. Further, the vacancy rate for market rental housing in the City is below the 3% threshold identified as 'healthy' by the CMHC, with a 0% vacancy rate for bachelor units and 1.8% vacancy rate for 1 -bedroom units. With no alternative options for affordable housing, should displacement occur, it is probable that the City's City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 47 Page 99 of 751 homeless population will increase and become "visible". As noted by the service providers interviewed for this study, the City's current shelter system is unable to support an increased homeless population. The process involved on the part of the owner/applicant for this option would be as follows: • Application for change of use to recognize Apartment Motel; o Application would include provision of a sketch plan identifying the specific units which are to be converted; Under this option, traditional rooming, boarding and lodging houses would continue to be permitted within residential designations, subject to a Zoning By-law Amendment, in accordance with the policies contained within the City of Niagara Falls Official Plan. Implementation of this option would require additional staff resources and time as follows: • Review of applications to ensure compliance with applicable law; • Regular inspections to ensure compliance in terms of proportion of site utilization for motel purposes and residential purposes (e.g. quarterly); • Education and outreach; • Ongoing enforcement and compliance (complaint -based system as is currently utilized for municipal law enforcement); and, • Ongoing monitoring and record keeping for planning purposes. 8.3 Option C- Allow Motel Establishments to Operate as 'Interim Single Residential Occupancy (SRO) Buildings' A third option available for consideration is to allow motel establishments throughout the City to provide long-term residential accommodation, on an interim basis, through the introduction of a policy, regulatory and licensing framework. In this option, amendments to the Official Plan and Zoning By-law would be required to establish the policies and regulations for the use. Additionally, this would also require a registration or licensing process for the new use, implementing Temporary Use By-laws for individual sites, and the creation of a demolition/conversion control By-law. The implementation of this option would include the following: • New defined uses- "Interim Single Room Occupancy (SRO) Building" "Single Room Occupancy (SRO) Unit"; • Single Room Occupancy (SRO) Unit would be defined, as described in Option A. • An Interim Single Room Occupancy (SRO) Building would have a similar definition to Single Room Occupancy (SRO) Building, as described in Option A; however, would be subject to a temporary use restriction. • Motels that provide accommodation primarily to the travelling public would continue to be permitted so long as the operation meets the definition of Motel • The intent with this option is to phase out the use of motels for residential purposes over the long- term, as more affordable housing comes on the market and the vacancy rate stabilizes, and allow City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 48 Page 100 of 751 for future redevelopment of the property in accordance with the existing zoning at the time of the expiration of the temporary use. • The Official Plan framework would introduce a policy framework for existing motel uses to be considered as 'special sites', authorizing Council to pass By-laws to authorize the use of the land, building and structure for an Interim Single Room Occupancy (SRO) Building until redevelopment of the land for a use permitted by the Plan is warranted by future market conditions for a period of up to three (3) years from the day of passing of the By-law. Council may grant further extensions of not more than two (2) years each during which the temporary use is authorized. The temporary use should not continue for more than a total of ten (10) years from the day of passing of the By- law and will not be considered a legal non -conforming use and the use must cease to exist. • Interim Single Room Occupancy (SRO) Buildings would be subject to a licensing by-law. Any motel operator wishing to convert would need to obtain the appropriate permission and license to operate as an Interim SRO Building and would be subject to the requirements and regulations for the operation contained within the By-law. These regulations could be modelled after those case study areas highlighted throughout this study (Oshawa, Ottawa, London, Vancouver, Edmonton and Los Angeles) as well as those suggested regulations provided through the stakeholder consultation and TAC meetings. Copies of sample By-laws utilized by some of the case study areas are provided in Appendix 3 of this report. These would be refined and confirmed through the final phase of the project. • Should the market change such that the land on which the Interim SRO is situated becomes viable for redevelopment (either standalone residential or mixed use), the number of SRO Units provided at the time of registration of the operation would require replacement, in accordance with the demolition and conversion control By-law. This option provides a framework within which the current use, operating illegally, can operate legally and in compliance with the City's policies, regulations and standards on a temporary basis. It would provide operators with the ability to maintain their existing business model of providing long-term residential accommodation for a maximum of ten years while also providing members of the business community an assurance that the use is not permanent and expected to redevelop in accordance with the Lundy's Lane CIP as markets shift. This option would provide residents with certainty that they are able to live in a unit on a property that is recognized as legal by the City and has undergone inspection to ensure the living space is safe and suitable for human habitation and maintained as such, with the caveat that the use is intended to cease within ten years. Further, this option provides the City with a mechanism to enforce standards, issue orders to comply and institute penalties for non-compliance. In terms of administration, this option poses challenges and would result in increased staff resourcing when compared with permitting the use as described in Option A as well as place additional burdens on operators. It will place an additional layer of applications for the use on the owner (applying for a temporary use) and will require staff to bring forward these applications for Council's approval. This will need to be revisited every two to three years for up to ten years. The process involved on the part of the applicant/operator in this scenario would be as follows: • Application for change of use to recognize an Interim Single Room Occupancy Building; City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 49 Page 101 of 751 • Application for Temporary Use By-law; • Application for Single Room Occupancy Licensing; • Annual renewal of Single Room Occupancy Licence; • Bi -annual application for extension of Temporary Use By-law; and, • Termination of use after ten years. Additionally, owners/operators would be required to upgrade the units to meet the standards set out in the Licensing and Zoning By-laws only for the use to be terminated in ten years. This additional burden may be a disincentive for operators to apply and could result in increased illegal operation and have the effect of worsening the current situation. Under this option, traditional rooming, boarding and lodging houses would continue to be permitted within residential designations, subject to a Zoning By-law Amendment, in accordance with the policies contained within the City of Niagara Falls Official Plan. Implementation of this option would require additional staff resources as follows: • Review and approval of applications for change of use; • Review of applications to ensure zoning compliance; • Review and approval of applications fora licence (and associated inspections); • Review and approval of annual renewal applications for licenses; • Initial inspection and annual inspections thereafter upon license renewal; • Administration of licensing and paperwork; • Processing of Temporary Use By-law applications, including preparing reports to Council at regular intervals (every two to three years for ten years); • Education and outreach; • Ongoing enforcement and compliance (complaint -based system as is currently utilized for municipal law enforcement); and, • Ongoing monitoring and record keeping for planning purposes. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 50 Page 102 of 751 0 a c '3 Additional Controls c a O 0 0 0 s ▪ Y O , L == c pi 0 o 8 3 v o 0 5 o c c a o o E .2 nr og -oE o.o.N v9 -o o ' ' cvvv -0 ,'gr,, va—c 0 o v- .j v 11 7,,_72E Uv0 + O_ 2. E -o .- o'? ▪ vE u `0 0u 72;50,2 a to ., w 3 a O �vo a--'0os v Ool .L3o-' v 0 o0N'3 v o30' v NJ %'E'111 1a—svoo,va vol E 272,2 -0. -2t4st aom vs No0wavLov-,Enc 202 D25vD�5 oZ cc •0_• • • 0V o Y 5 ▪ 22'9 m v E O O o c t ,-o 0 o o o E v vo c c o v 0 E g, 0 9 14.92 v@ o c 3 E V _W m • '2'c 2 o evvL E D vc3 oc ovu o ,0 oo0cs 1 m 0`5 L,, -E --,'t ` o • 4oT QYoJ 8_,E.,,,,,,,2_5—v0 vo O o t° 6 a0 vvoa0072 72.-o -cnH oaa0-0—Q3 n1 _SI D0a 0 Z a • • • • • 00 • 1,7E E 0 v 0. Jo 3 -o 3 5m 0— a 0 0 0. 10 O O j Es • 0 A 3 0 cc 1 100% SRO Units SRO Units in a Motel DE rII__ 7 7E! 50% Motel, 50% SRO Units UI E Q 50% Motel, 50% Dwelling Units Page 103 of 751 Page 104 of 751 Ln a 8 V O Ea ? c tt E a u z u c Considerations enforcement, review and application processing PRO • Provides operators with the ability to maintain existing business model for a maximum of ten years • Provides business community assurances that the use is not permanent and can redevelop in the future • Provide residents with certainty that they live in a legal unit (for up to ten years) • Provides Citya mechanism for regulation and enforcement CON • Administratively, it would be difficult to review temporary use permits every two years which also must be brought forward for Council approval • Would introduce additional burdens on operators/ applicants as an application for Temporary Use would be required with bi-annual renewals in addition to applications for licensing and annual renewals associated with licensing • Additional layers could be a disincentive for operators and could result in increased illegal operation and could worsen the current situation • Use is required to cease after ten years. This may result in future displacement of residents if additional affordable housing has not yet been created Additional Controls -03 m 0 m ,7:L3 a °' cd g 0 u 0 u v O -O -O j O - O � V q C Of C_ O 0 N - m _ C T c '2 c -O a m Q _o u -va v,n0 3 E v C 0 In c o" N E . a W . O N-- O , N '0' 01O O j O`= O ins --g O 0 0 • c ci - jg O v 3 Pc Iv 0 a. � . • , c v z • Visualization O ¢O ,E`^1 v T O O ^ oc o .1 )i N 3 N V C '- 0 3 6 G O ¢ Page 104 of 751 8.5 A note about the Residential Tenancies Act (RTA) One issue that arose among the TAC, and through stakeholder consultation, was with respect to the Residential Tenancies Act (RTA). It is recognized that with regard to any option for consideration the RTA is and will remain an issue. As noted throughout this report and in the background report, current occupants utilizing motel units for long-term residential accommodation can make an application to the RTA to determine their status as a tenant. If motel units were recognized as SRO units, as presented in Option A, Al and C, occupants could also make an application to the RTA to determine their status as a tenant. If the units were to be converted to dwelling units (e.g. "Apartment Motel"), as in Option B, occupants of those dwelling units would be considered tenants under the RTA. This issue is something that will need to be addressed, but is outside of the scope of this study and subject to further legal review during implementation. 8.6 Recommended Option Based on the background research and stakeholder interviews conducted through the first two phases of this project as well as input received from the Technical Advisory Committee, we recommend "Option A" as the preferred option. The rationale for this recommendation is set out below: 1. There is currently a need for affordable housing within the City, particularly for 1 -bedroom and bachelor units, as evidenced by the quantitative and qualitative data; 2. There is currently a need for some motel operators to provide long-term residential accommodation options to maintain their business viability, as evidenced by qualitative data specific to the City and quantitative data more generally; 3. Prohibiting the use entirely would result in the displacement of people who currently have no other home aside from the motel unit; 4. The shelter system in the City currently cannot accommodate the increased number of people who would become homeless if an option to prohibit the use or limit the number of units on a site were to be selected; 5. Feedback obtained from stakeholders indicates that there is a need to permit and regulate the use; 6. Permitting and regulating the use would provide clarity for enforcement purposes (By-law, Building, Fire, etc.); 7. Permitting and regulating the use would provide certainty to both operators and residents/guests; and, allow for increased safety for operators, residents, tourists and the community at large; City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 53 Page 105 of 751 8. Various policies contained within the Official Plan speak to residential uses within the various commercial designations and tourist districts, suggesting that they can be appropriate and compatible. These policies have been outlined in the background research report and are summarized, in brief, below a. Policy 4.2.9 of Section 3 of the Official Plan states that Residential uses may be permitted throughout lands designated Tourist Commercial either as standalone or mixed use buildings in order to assist in creating a complete community. Additional policies of the Plan set out the criteria within which this is permitted (refer to background report). b. The Official Plan contemplates residential intensification along intensification corridors, which are classified as lands fronting onto arterial roads and have the attributes conducive to supporting medium or high density residential development over the long term. This includes portions of Lundy's Lane, McLeod Road, Victoria Avenue, Portage Road, Thorold Stone Road and Dunn Street, where residential uses (standalone and mixed use) are permitted subject to criteria (refer to background report) c. The recommended option recognizes that the planned function of some areas will change and revitalize over time and the conversion will ensure more safe and better housing is provided while also ensuring there is a mechanism in place to address demolition and conversion in the future; 9. Permitting Single Room Occupancy Buildings would provide certainty to both operators and residents as well as give the City with appropriate tools to regulate and control the use with the least administrative impact on both the operator/owner and City staff (e.g. in terms of processing applications, the number of applications required, timing for renewal, costs, etc.) 10. This option allows for the maintenance of the commercial designation and zoning on the sites to facilitate future redevelopment of for commercial or other purposes should business needs change and the market become viable for redevelopment 11. Implementing a demolition and conversion control By-law would ensure that when sites are ready for redevelopment, they will be required to address tenant relocation for those people who will be displaced as a result of redevelopment; 12. Regulating the use is consistent with approaches taken in other jurisdictions throughout the province, as well as nationally and internationally; 13. The Provincial Policy Statement contains policy direction which speaks to the provision of a range and mix of housing options, including affordable housing, to contribute to complete communities; 14. The Growth Plan for the Greater Golden Horseshoe contains policy direction which speaks to the provision of a range and mix of housing options, including affordable housing, to contribute to complete communities; City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 54 Page 106 of 751 15. Permitting and regulating the use is consistent with the Provincial Policy Statement, 2014 and conforms to the Growth Plan for the Greater Golden Horseshoe, 2017; and, 16. Permitting and regulating the use is in the public interest and represents good planning. A table which summarizes potential regulations to be considered for inclusion within the Zoning By-law, licensing By-law and Demolition and Conversion Control By-law is included in this report as Appendix 4. Through review of preliminary options and the draft options report, members of the TAC were provided the opportunity to provide comment and input on the options and the recommended option. As noted in previous sections of this report, members of the Lundy's Lane BIA formed part of the TAC and formal comments from the BIA were provided on the draft options report which indicated a preference for Option 1 A or Option B. While Option 1A and Option B were both explored through the review, one of the reasons for not providing these options as the preferred recommended option was the concern raised by representatives on the TAC from By-law enforcement related to enforcement of an allocation of a permanent percentage of the established use as a SRO and the inherent difficulty associated with implementing and controlling for a proportional split of either SRO units or Apartment Motel units and traditional motel units, particularly within a 1 -storey built form. The City's Zoning By-law currently permits properties within the various Commercial Zones to include a proportion of residential uses as part of a commercial development above the first storey. In this regard, where a multi-storey motel building is looking to convert to an SRO use, owners are encouraged to explore the option to provide these units on the upper storey(s) and maintain motel units on the ground level. This would align with the current By-law, notwithstanding that the City's Official Plan permits standalone residential uses within the Lundy's Lane area. Other comments received by the BIA also requested that operations within the BIA boundary be required to adhere to design criteria, have amenity area, and include an on-site property manager. The proposed framework set out in Option A of this report will include these items within the various implementing documents (Official Plan Amendment, Zoning By-law Amendment and Licensing By-law, as applicable). 8.6.1 Additional Recommendations In addition to implementing Option A, the following additional actions are recommended: 1. Over the long-term (e.g. the next 8-10 years), it is recommended that the City and the Region (as the service manager for housing and homelessness) develop a strategy to phase out the use of motel properties for long-term residential accommodation to allow for the eventual redevelopment of the sites; 2. Over the long-term (e.g. the next 8-10 years), it is recommended that private sector developers and business owners work together with the Region, City and local community organizations to provide funding and support for additional, alternate, affordable purpose built rental housing throughout the City such that current residents of motels can be rehomed without displacement; City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 55 Page 107 of 751 3. Consider undertaking a study to better understand the utilization of motel units for long-term residential accommodation and the housing needs and support service requirements for residents as part of a broader housing strategy; 4. Similar to Regional and local policy with respect to utilizing former school sites for affordable housing, it is recommended that the City and Region look into establishing reserve funding to facilitate the purchase of buildings suitable for retrofit and adaptive use for the purpose of providing affordable housing, should they become available; 5. Consider a review of grants and incentives available at the Region and City to support the development of affordable housing; 6. Consider providing incentives and forging partnerships with private developers and/or community organizations to create opportunities for increased affordable housing throughout the City. This could include conversions/ retrofits/ adaptive reuse of former industrial buildings, institutional buildings, motel buildings, etc.; 7. Consider a review of planning and approvals timelines to expedite approvals for affordable housing and rental housing; 8. Once the new framework is in place the City should undertake efforts to improve education, awareness and messaging about the new framework to the public and Council, including but not limited to: landlord rights/responsibilities, tenant rights/responsibilities, requirements for achieving compliance and the role of affordable housing within the community; 9. Once the new framework is in place, the City should consider holding a workshop or training program to educate and inform staff (including but not limited to zoning officers, planners, By-law enforcement officers and building inspectors) to assist in understanding the new definitions and policy framework; the new zoning regulations; the licensing procedures and protocols; and, the provisions of the Human Rights Code, Residential Tenancies Act and Innkeepers Act and their applicability to municipal land use planning; 10. Once the new framework is in place, it is recommended that information sessions be held and brochures be created to assist operators with achieving compliance in a timely manner. A guide to the new policies and regulations should be prepared and provided to motels via mail and made available on the City's website; 11. Recognizing that the new framework will result in an increased number of establishments requiring licensing to achieve compliance and establish the use, it is recommended that the licensing process be free of charge, with annual renewal fees following the initial license. The fee for renewal should be nominal and consistent with fees charged in other municipalities, such that it does not result in the downloading of the cost to tenants by way of rent increases but still covers administrative costs incurred by the City for processing applications. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 56 Page 108 of 751 12. Recognizing that the new framework may result in some establishments requiring significant retrofits and upgrades to meet the new definitions as well as obtaining a licence to achieve compliance and establish the use, it is recommended that a transition period of one year be given to allow for operators to apply for and obtain the necessary approvals and licenses form the City. A fine should be instituted for any establishment that has not achieved compliance within the transition period; 13. As applications for licenses are brought forward, the City should begin to prepare an inventory to better track the number of units in the City being used for this purpose; and, 14. Once the framework has been implemented, it is recommended that the City re-evaluate the effectiveness of the policy set and regulations at regular intervals. An initial evaluation of the new framework should be completed after 3-5 years and another full review should be conducted in ten years. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 57 Page 109 of 751 9.0 NEXT STEPS Following Council endorsement of a preferred option, refinements will be made, as necessary, and implementation of the preferred option can commence. If the preferred option for consideration recommended in this report is endorsed by Council, next steps would be as follows: • Prepare Draft Official Plan Amendment, Zoning By-law Amendment, Licensing By-law and Demolition/ Conversion Control By-law to implement the new framework; • An open house meeting will be held to obtain feedback from members of the public on the proposed new framework, with adjustments made to respond to feedback and input received, as necessary; • A Statutory Public Meeting under the Planning Act will be held in order to receive formal comments on the final Amendment documents and By-laws; • Further refinements may be made, based on community input; and, • Final amendments will be brought forward to Council for adoption. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 58 Page 110 of 751 1 0.0 BIBLIOGRAPHY No. TET -56104-15 (Re), 2015 CanLII 35274 (ON LTB). Ontario Landlord and Tenant Board. 20 May 2015.25 May 2018. <https://www.canlii.org/en/on/onitb/doc/2015/2015canlii35724/2015canlii35724.pdf>. No. CET -70868-17 (Re), 2018 CanLll 41829 (ON LTB). Ontario Landlord and Tenant Board. 11 January 2018. 25 May 2015. <https://www.ca n l i i.org/en/on/on ltb/doc/2018/2018ca n l i i41829/2018ca n l i i41829.pdf>. Barbara Poppe & Associates, Focus Communications, Dr. Ron Piccolo, TriSect, DiVerse Media LLC. The Current State of Family Homelessness in Central Florida. Florida: Rethink Homelessness, 2015. 1 June 2018. <http://rethinkhomelessness.org/wp-content/uploads/2015/10/CFL-Family-Homelessness- Report.pdf>. Brownwrigg, Leslie A. People Who Live in Hotels: An Exploratory Overview. 31 May 2016. 1 June 2018. <https://www.census.gov/srd/papers/pdf/ssm2006-03.pdf>. Canada Mortgage and Housing Corporation. Core Housing Need (2011) -St. Catharines- Niagara. 2011.25 May 2018. <https://www03.cmhc-schl.gc.ca/hmiportal#Profile/1160/3/St%20Catharines%20- %20Niagara%20CMA>. Canada Mortgage and Housing Corporation. Primary Rental Market Statistics- Niagara Falls (CY). October 2017.25 May 2018. <https://www03.cmhc- sch I.g c.ca/hmiportal#Profi l e/3526043/4/Niagara%20Fa l Is%20(CY)%20(O nta rio)>. Canada Mortgate and Housing Corporation. Core Housing Need (2011)- Niagara Falls (CY). 2011.25 May 2018. <https://www03.cmhc- sch I.gc.ca/hmiportal#Profi le/3526043/4/Niagara%20Fal Is%20(CY)%20(Ontario)>. Central Florida Lifestyle Magazine. Hospitality Helps the Homeless. 1 February 2014. 1 June 2018. <http://www.centralfloridal ifestyle.com/orla ndo-local-stories/hospita lity-hel ps-homeless/>. City of Los Andeles Department of City Planning (Vincent P. Bertoni, AICP; Ken Bernstein, AICP; Claire Bowin; Matthew Glesne; and, Cally Hardy). Recommendation Report: Interim Motel Conversion Ordinance. Staff Recommendatoin Report. Los Angeles, n.d. 1 June 2018. <https://pla nning.lacity.org/ordina nces/docs/Interi mMotelConversion/StaffReport.pdf>. City of Los Angeles. City of Los Angeles Comprehensive Homeless Strategy. Los Angeles, 9 February 2016.25 May 2018. <http://clkrep.lacity.org/onlinedocs/2015/15-1138-51 _misc_1-7-16.pdf>. City of Los Angeles. Interim Motel Conversion Ordinance Background and Frequently Asked Questoins. Los Angeles, 6 September 2017.30 May 2018. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 59 Page 111 of 751 <https://planni ng.lacity.org/ordinances/docs/Interi mMotelConversion/Backgrou nd_and_FAQ.pdf >. City of Los Angeles Mayor's Office of Housing and Economic Development. City of Los Angeles Adaptive Reuse Program Handbook: Second Edition. Los Angeles, February 2006. 1 June 2018. <https://www.downtownla.com/images/reports/adaptive-rescue-ordinance.pdf>. City of Los Angeles. Residential Hotel Unit Conversion and Demolition Ordinance (Ordinance No. 179868). Los Angeles, 6 May 2008. 1 June 2018. <http://clkrep.lacity.org/onlinedocs/2008/08- 0644_ord_179868.pdf>. City of Vancouver- Housing Vancouver. Single Room Occupancy (SRO) Revitalization Action Plan. Vancouver, November 2017.30 April 2018. Gonzalez, Stephanie Guittar. This is Just Temporary: A Study of Extended -Stay Motel Residents in Central Florida. 2012. 1 June 2018. <http://stars.library.ucf.edu/cgi/viewcontent.cgi?article=3284&context=etd>. Joseph Pimentel, Bisnow Los Angeles. Housing Developers Seen New Opportunities with Old Motels. 27 March 2018. 1 June 2018. <https://www.bisnow.com/national/news/affordable-housing/turning-motels- into-homes-for-the-homeless-86613>. Osceola County Community Development Department. Strategies for a Sustainable Future: Osceola County 2017. Osceola County, 2017. 1 June 2018. <http://www.osceola.org/core/filepa rse.ph p/2731 /u rlt/111317_Osceola-CO-Strategies-For-A- Susta i nable-Futu re-Final-Report_171026.pdf>. Paul Brinkmann, Orlando Sentinel. Osceola Unveils West 192 Crackdown, Improvement Plan. 21 January 2016. 1 June 2018. <http://www.orlandosentinel.com/business/brinkmann-on-business/os-osceola- west-192-20160120-post.htm I>. PRNewswire. Waltrip Named to Commission on Homeless. Orlando, 2 July 2012. 1 June 2018. <https://www.prnewswi re.com/news-releases/westgate-resorts-chief-operating-officer-mark- wa ltrip-na med-to-commission-on-homelessness-161052535.html>. Shinn, Gregory A. "The Cost of Long -Term Homelessness in Central Florida: The Current Crisis and the Economic Impact of Providing Sustainable Housing Solutions." 2011. 1 June 2018. <http://rethin khomelessness.org/wp-content/uploads/2014/11/Eco-I m pact-Report-LOW- RES.pdf>. Statistics Canada. Census Profile, 2016 Census- Niagara Falls City (Census Subdivision). n.d. 1 June 2018. <https://wwwl 2.statca n.gc.ca/census-recense me nt/2016/d p- pd/prof/details/page.cfm?Lang=E&Geol =CSD&Code1=3526043&Geo2=CD&Code2=3526&Data= Count&SearchText=Niagara%20Falls&SearchType=Begins&SearchPR=01 &B1=All&TABID=1 >. Statistics Canada. Census Profile, 2016 Census- Niagara, Regional Municipality (Census Division). 2016. 1 June 2018. <https://wwwl 2.statcan.gc.ca/census-recensement/2016/dp- City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 60 Page 112 of 751 pd/prof/details/page.cfm?Lang=E&Geo 1=CD&Code 1=3526&Geo2=PR&Code2=35&Data=Count& SearchText=Niagara&SearchType=Begins&SearchPR=01 &B1=AII&TABID=1 >. Statistics Canada. Census Profile, 2016 Census- Ontario (Province). 2016. 1 June 2018. <https://wwwl 2.statcan.gc.ca/census-recensement/2016/dp- pd/prof/details/page.cfm?Lang=E&Geo1=PR&Code1=35&Geo2=PR&Code2=01 &Data=Count&Sea rchText=Ontario&SearchType=Begins&Search PR=01 &B1=AII&TABID=1 >. Steven Lemongello, Orlando Sentinel. Osceola Makes Big Plans to Clean Up US 192.29 January 2016. 1 June 2018. <http://www.orlandosentinel.com/news/osceola/os-192-osceola-kissimmee-motel-cleanup- 20160129-story.htm l>. WFTV 9. 9 Investigates Families, Children Living in Hotels on U.S. 192. Osceola County, 30 October 2013. 1 June 2018. <https://www.wftv.com/news/local/9-investigates-families-children-living-hotels-us- /270853232>. City of Niagara Falls Boarding House Interim Control Study Contextual Analysis and Options Report November 2, 2018 61 Page 113 of 751 Appendix 1 Stakeholder Interview Questions Page 114 of 751 Interview questions for Community Organizations Before beginning: Provide introductions, including an overview of the purpose of the study to set the context Discussion Questions: 1. Could you give an overview of your organization and the services/ supports provided to clients? 2. The terms boarding house, rooming house and lodging house are used interchangeably in many municipal, provincial and federal documents/ legislation. Can you please describe what you understand a boarding, rooming or lodging house to be? 3. The purpose of this study is to understand the use of traditionally non-residential motel/hotel units as permanent living accommodation to people other than the travelling public. Are you aware of any persons who are currently using a motel/hotel room as their primary residence? a. If yes (probing questions) i. How many persons? ii. Purpose of lodging? (e.g. student housing? Transitional housing? Emergency housing? Permanent housing? Etc.) Hi. Does your organization provide any supports to those living in these units? iv. Does your organization have partnerships with any of the motels within the City of Niagara Falls to provide emergency housing to persons/families? 4. Currently, the City does not permit Boarding Houses as of right in the Official Plan and Zoning By- law. Do you believe that there is a need for the City's Official Plan and Zoning By-law to contain policies and regulations for boarding houses? a. If yes, why? / If no, why? 5. If the City were to introduce policies and regulations to allow for the conversion of motel units to lodging units, what regulations should be included? 6. What overall impact do you expect this would have on current tenants if current regulations were enforced? Where would displaced residents go? 7. If you could provide housing through the conversion of motel units to lodging units, what would it look like? a. E.g. where would they be permitted, should they be regulated/ licensed? What types of requirements would the owner/provider need to meet in order to legally operate as a lodging house? Maximum number of units? Minimum number of units? Etc. 8. Are there other initiatives/ actions the City should explore beyond policy and regulatory with regard to lodging houses? a. E.g. incentives? Public private partnerships? 9. Are you able to make referrals to existing residents/ guests/ tenants for us to speak to? 10. Do you have any additional comments/ information you would like to share? Page 115 of 751 Interview questions for Region of Niagara Community Services Staff/ Representatives Before beginning: Provide introductions, including a general overview of the purpose of the study to set the context Discussion Questions: 1. The terms boarding house, rooming house and lodging house are used interchangeably in many municipal, provincial and federal documents/ legislation. Can you please describe what you understand a boarding, rooming or lodging house to be? 2. The purpose of this study is to understand the use of traditionally non-residential motel/hotel units as permanent living accommodation to people other than the travelling public. We understand that the Region's Community Services Department works with clients who are residing in some of these establishments. Could you provide your best estimate of how many persons are using this type of accommodation and the types of services provided? 3. Does the Region have partnerships with any of the motels within the City of Niagara Falls to provide emergency housing to persons/families? 4. Does the Region currently provide support services to any clients who live in motel units? If yes, approximately how many? 5. What options for supportive housing do you believe are most needed in the Region, and specifically in the City of Niagara Falls, now and in the next 5 years? 6. Do you believe that motel units within the City of Niagara Falls are currently filling a need on the housing continuum within the Region? If yes, could you estimate the proportion of the need these units are filling (in other words, without these units, how many individuals would be homeless?) 7. Currently, the City does not permit Boarding Houses as of right in the Official Plan and Zoning By- law. Do you believe that there is a need for the City's Official Plan and Zoning By-law to contain policies and regulations for boarding houses? a. If yes, why? / If no, why? 8. As service manager for the Region, what do you see the role of the region in regulating lodging houses? 9. The Region is currently undertaking work to determine whether a standardized Regional By-law for Rooming, Boarding and Lodging houses should be implemented. This work is being conducted concurrently with the City's study, which specifically examines the role and function of motels as lodging units. Where do you see these two projects aligning with each other? 10. How do you think current tenants would respond to a revised approach related to policies, regulations and standards for lodging houses in the City? 11. What overall impact do you expect this would have on current tenants? 12. Do you have any additional comments/ information you would like to share? Page 116 of 751 Questions for Stakeholders (BIA/ Other Motel Owners) Before beginning: Provide introductions, including a general overview of the purpose of the study to set the context Discussion Questions: 1. The terms boarding house, rooming house and lodging house are used interchangeably in many municipal, provincial and federal documents/ legislation. Can you please describe what you understand a boarding, rooming or lodging house to be? 2. The purpose of this study is to understand the use of traditionally non-residential motel/hotel units as permanent living accommodation to people other than the travelling public. Do you provide any long-term residential accommodations to persons other than the travelling public? a. If yes, approximately how many units do you provide for long-term rental? 3. Currently, the City does not permit Boarding Houses as of right in the Official Plan and Zoning By- law. Policies and regulations would allow the City to establish use permissions and regulate lodging houses and could potentially improve safety and property conditions for tenants and neighbours. Do you believe that there is a need for the City's Official Plan and Zoning By-law to contain policies and regulations for boarding houses? a. If yes, why? / If no, why? 4. If the City were to introduce policies and regulations to allow for the conversion of motel units to lodging units, what elements should be included to ensure a balance between maintaining a tourist commercial presence within the Lundy's Lane area; and, providing a housing option along the housing continuum? What about displacement of current 'permanent' residents? a. E.g. where would they be permitted, should they be regulated/ licensed? What types of requirements would the owner/provider need to meet in order to legally operate as a lodging house? Maximum number of units? Minimum number of units? Etc. 5. If the City were to introduce policies and regulations to allow for the conversion of motel units to lodging units, are there areas where they would be acceptable? Are there areas where they should not be permitted? 6. Do you think there should be enforcement of standards for Rooming Houses? Would additional licensing and standards assist in managing rooming house properties? 7. If the City were to introduce policies and regulations to allow for lodging units, what do you think the overall impact will be for a. Business owners (retail, restaurant, etc.) b. Motel operators c. Tenants/ residents/ guests d. The surrounding community e. Etc. 8. Do you have anything else to add? Any comments or suggestions? Page 117 of 751 Appendix 2 TAC Workbook and Presentation Materials Page 118 of 751 9L 0. a.e. Pick up a booklet at your table and fill out "Your Perspective" on page 1. LSLJOOZI, abed Technical Advisory Committee Solution Development Workshop City of Niagara Falls Boarding House Interim Control Study Niagara r ,Falls -}- 441:r. -}-MAH B C SHS CONSULTING URBAN DESIGN & LANDSCAPE ARCHITECTURE 1.51 Jo 1-Z1, abed TODAY'S SESSION Here's what we'll work on today: Item Time 1. Exercise: Your Perspective Work on page 1 on your own. 15 min 2. Overview of the day SHS Consulting team 5 min 3. Share your perspective Tell us what you wrote on page 1. 15 min 4. Exercise: Design Principles Work on page 3 on your own first. 25 min 5. Share with the room All 15 min 6. Exercise: Idea Generation In groups 30 min 7. Share and report back All 15 min 3 SL o ZZ a•e. 14 minutes Share your perspective. 4 SL o £Z a•a. 1 minute Meet Sam and Taylor! 5 SL o jZ a•a. 25 minutes Create your design principles. 6 1-9L 40 9Z I, abed DESIGN PRINCIPLES Develop design principles for your solutions, based on the key issues you find relevant and your understanding of the current problem. onign Prinelpms .1 What are design principles? Design principles form the "rules" for how you design, and can be used as a structure to generate ideas and evaluate if the solution is effectively addressing the original problem. We'II write them as "Our solution must..." statements. 1-9L 40 921. abed DESIGN PRINCIPLES Develop design principles for your solutions, based on the key issues you find relevant and your understanding of the current problem. Design Prinelpms Design Prneiples • Or WWI= ar.emu.. �.e... .1 Developing your design principles • Take 5 minutes to brainstorm on your own. • Then, discuss with the group for 20 minutes, narrowing it down to up to 8 collective design principles. SL o LZ a•e. 15 minutes Share with the room. 9 SL o 8Z o.e. 30 minutes Generate ideas and refine solutions. 10 1-9L 40 621. abed IDEA GENERATION Based on the background review, there are many issues to be considered in arriving at a recommended approach for the City. • Legislative authority; • Human rights considerations; • Consideration of the Provincial interest in affordable housing; • Maintenance of the commercial function of certain areas within the Tourist Districts; and • Determining a framework that can be applied in the local context to better define and regulate rooming, boarding, and lodging houses. 1-9L 40 0£I. abed IDEA GENERATION Fill out the group consensus sheets, by articulating: • What does the future state look like for people living in motels, for the motel owners, and for the community? • Can you describe your idea using a storyboard, a narrative, or a role play? • Are you proposing a short-term or long-term solution? • Who is most greatly affected by your solution and how? • What type of intervention are you proposing? For instance, is it a new service idea, product, partnership arrangement, financial model, or policy/legislation? IDEA GENERATION Remember! • Think about the different perspectives represented at your table. • Refer back to the design principles you generated—these should inform your solutions. • Take 5 minutes to brainstorm on your own on page 4 of your workbook. • Then, discuss with the group for 20 minutes, narrowing it down to 1-2 potential solutions. buiCw..n..n Js .rte • Uw.. xbnm.x w.0..wiw Mwdnw 1.1.4 Far Ithwea. 13 SL o Z£ a•a. 15 minutes Report back to the room. 14 1.51 Jo ££ I- abed Thank you for your participation! City of Niagara Falls Boarding House Interim Control Study Niagara r ,Falls -I- 4-I- MH BAC SHS CONSULTING URBAN DESIGN & LANDSCAPE ARCHITECTURE I- 9L 40 V£ I, abed Your Ideas Use this space to jot down, draw, or sketch some of your ideas in response to the current boarding house situation in the City of Niagara Falls. Take a few minutes to work on your own first, before beginning the group discussion. 4 Your Perspective Solution Development Workshop City of Niagara Falls Boarding House Interim Control Study Name What matters to you: Role + Affiliation How you and your team are affected by the current situation: 1-9L 40 5£I, abed Today's Session Solution Development Workshop City of Niagara Falls Boarding House Interim Control Study Here's what we'll work on today: Item Time 1. Exercise: Your Perspective 2. Overview of the day 3. Round of introductions 4. Exercise: Design Principles 5. Share with the room 6. Exercise: Idea Generation 7. Share and report back Work on Page 1 on your own. SHS Consulting team Tell us what you wrote on Page 1. Work on page 3 on your own first. All In groups All 15 min 5 min 15 min 25 min 15 min 30 min 15 min 2 Design Principles Design principles form the "rules" for how you design, and can be used as a structure to generate ideas and evaluate if the solution is effectively addressing the original problem. Our solution must... 3 1-9L 40 9£1. abed Design Principles Group Consensus Design principles form the "rules" for how you design, and can be used as a structure to generate ideas and evaluate if the solution is effectively addressing the original problem. Our solution must... 1-9L 4° L£ I, abed Proposed Solutions Group Consensus Use this guide to help you generate ideas and refine your solutions. What is the idea? Tell us more. Can you describe it using a storyboard, a narrative, or a role play? What does the future state look like for people living in Are you proposing a short-term solution or a long-term solution? motels, for the motel owners, and for the community? Include as many specific details as possible. nShort-term n Long-term Who is most greatly affected by your solution and how? What type of intervention are you proposing? For instance, is it a new service idea, product, partnership arrangement, financial model, or policy/legislation? 1-9L 40 8£ I abed Your Perspective Solution Development Workshop City of Niagara Falls Boarding House Control Study Sam Name What matters to you: Local citizen living in a motel Role + Affiliation • Maintaining safe and secure housing • Maintaining dignity • Feeling like I have a voice in the solution; feeling heard • Being connected to my social support network • Maintaining and/or improving my current employment situation to ensure more stable income close to where I live How you are affected by the current situation: • Feeling trapped, living in the motel with no other affordable one -bedroom alternatives in Niagara Falls • Dealing with inadequate living conditions • Concerned about the safety of my living situation • Feeling discriminated against in the private rental market • Lack of legal clarity regarding my rights as a long-term guest Your Perspective Solution Development Workshop City of Niagara Falls Boarding House Control Study Taylor Name What matters to you: Motel owner in Niagara Falls Role + Affiliation • Maintaining the safety of the guests and staff in the building • Maintaining positive relationships with the surrounding community • Making sure a steady flow of the weekly rate is paid in a timely manner Unsure about the feasibility or viability of making any physical upgrades to the building • Motivated to continue to rent out rooms for long-term stay to keep the business afloat, especially in the case of another economic downturn How you are affected by the current situation: • Confused by a lack of legal clarity around how to manage problems with guests • Unsure how new regulations or legislation might impact the financial sustainability of my current business model • Concerned about inadequate living conditions • Concerned about safety issues arising in the motel and surrounding area • Curious about how other local businesses and neighbours perceive or are affected by the current use of motels for long-term stay Appendix 3 Sample By-laws Page 139 of 751 Appendix 3a Ottawa Page 140 of 751 BY-LAW NO. 2008 - 237 A by-law of the City of Ottawa to amend By-law No. 2002-189 respecting regulating, licensing and governing rooming houses. The Council of the City of Ottawa enacts as follows: 1. Section 1 of By-law No. 2002-189 entitled "A by-law of the City of Ottawa respecting the licensing, regulating and governing of certain businesses", as amended, is amended by adding the following definitions thereto: "residential use building" means a converted or purpose-built building comprised solely of dwelling units, rooming units, or any of them and includes detached; linked -detached; semi-detached; duplex, three -unit dwellings, multiple attached dwellings, stacked dwellings, apartment dwelling, low-rise, and apartment dwelling, mid -high rise, rooming houses, rooming houses, converted, group homes, retirement homes, and retirement homes, converted, and residential use and residential premises have corresponding meanings; "rooming house" means a principal dwelling within the whole of a residential use building that contains at least four rooming units available to be occupied for compensation and which may also contain dwelling units and an administration office accessory to the operation of the house and includes a rooming house, converted; "rooming house, converted" means the whole of a residential use building or the whole or part of any other building that was converted to a rooming house; "rooming house owner" means the person who owns or leases the lands on which the rooming house is located and who manages or receives the rent for the rooming units of the rooming house; "rooming unit" means a room, or a suite of rooms, that constitutes a separate, independent residential occupancy, but which is not self-contained and which requires access to other parts of the principal dwelling or building intended to serve the residents, including shower or bath facilities, eating areas, kitchens or bathrooms; 2. Section 1 of the said By-law No. 2002-189 is amended by striking out the expression `By-law No. 2001-258 of the City of Ottawa, as amended" where it appears in the definition of "building requirements" and substituting therefor the expression `By-law No. 2005- 303 of the City of Ottawa or any successor by-law thereto". 3. Section 9 of the said By-law No. 2002-189 is amended by adding thereto the following subsection: Page 141 of 751 2 (27) every owner of a rooming house. 4. Schedule "A" of the said By-law No. 2002-189 is amended by adding the following items thereto: Column 1 Description of License Rooming House Owner 4-10 rooming units 11-20 rooming units 21-30 rooming units 31-40 rooming units 41-50 rooming units 51-60 rooming units over 60 rooming units Column 2 License Fee $ 150.00 200.00 250.00 300.00 350.00 400.00 450.00 Column 3 Expiry Date April 30 April 30 April 30 April 30 April 30 April 30 April 30 5. The said By-law No. 2002-189 is amended by adding thereto Schedule No. 26 Relating to Rooming Houses, which is attached hereto. 6. Section 51 of the said By-law No. 2002-189 is amended by adding thereto the following paragraphs: (bi) by repealing Schedule No. 31 Relating to Rooming Houses; 7. Section 54 of the said By-law No. 2002-189 is amended by adding thereto the following paragraph: (av) The license period for "Rooming House" issued pursuant to By-law L6- 2000 of the old Corporation of the City of Ottawa shall be extended and remain in full force and effect until April 30, 2009. 8. Schedule No. 31 Relating to Rooming Houses of By-law Number L6-2000 of the old Corporation of the City of Ottawa entitled "A by-law of the Corporation of the City of Ottawa respecting licenses", as amended, is amended by striking out paragraph (f) of Section 2. 9. This by-law shall come into effect on September 1, 2008, save and except Section 8 which shall take effect June 11, 2008. ENACTED AND PASSED this 11th day of June, 2008. CITY CLERK MAYOR Page 142 of 751 3 SCHEDULE NO. 26 Relating to Rooming Houses LICENSE REQUIRED 1. Every owner of a rooming house shall obtain a license for each rooming house by municipal address, save and except rooming houses in which the interior functions as one rooming house but the exterior has separate municipal addresses, in which case only one license is required. CONDITIONS FOR ISSUANCE OF A ROOMING HOUSE LICENSE 2. No applicant for a rooming house owner license shall be issued a license unless: (a) the applicant is at least eighteen (18) years of age; (b) the premises comply with zoning, building and property standards requirements of the City; (c) the applicant has provided a report from the Chief Building Official confirming there are no outstanding orders related to the building; (d) the Fire Chief has reported in writing that the premises are suitable for the purpose of the license application and comply with all applicable fire regulations; (e) the Medical Officer of Health has reported in writing that the premises are suitable for the purpose of the license application, comply with all applicable health regulations and are in a sanitary condition; (f) the applicant has provided the original documents dated less than ninety (90) days prior to the date of the application for a license, from the appropriate agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sectors; (g) the applicant has provided proof of insurance as required by Section 12 of this Schedule; (h) the applicant has provided the indemnification required by Section 13 of this Schedule; (i) the applicant has provided the name and telephone number of the agent of the rooming house owner; (j) the applicant has paid the fees outlined in Schedule "A" of this by-law. 3. The Chief License Inspector may impose such additional conditions with respect to the issuance of a rooming house license, as he or she deems necessary to ensure public safety. 4. Subject to Sections 13 and 21 of By-law No. 2002-189, if, in the opinion of the Chief License Inspector following a review of relevant investigations and/or inspections, the applicant's actions are adverse to the public interest or to public safety, the Chief License Inspector may refuse issuance of the license. Page 143 of 751 4 CONDITIONS FOR RENEWAL OF A ROOMING HOUSE LICENSE 5. No rooming house owner license shall be renewed unless: (a) the premises comply with the property standards requirements of the City; (b) if deemed necessary by the Chief License Inspector, the Fire Chief has reported in writing that the premises are suitable for the purpose of the license application and comply with all applicable fire regulations; (c) if deemed necessary by the Chief License Inspector, the Medical Officer of Health has reported in writing that the premises are suitable for the purpose of the license application, comply with all applicable health regulations and are in a sanitary condition; (d) the applicant has provided proof of insurance as required by Section 12 of this Schedule; (e) the applicant has provided the indemnification required by Section 13 of this Schedule; (f) the applicant has provided the name and telephone number of the agent of the rooming house owner; (g) the applicant has paid the fees outlined in Schedule "A" of this by-law. ISSUANCE OR RENEWAL OF A ROOMING HOUSE LICENSE 6. The Chief License Inspector may impose such additional conditions with respect to the renewal of a rooming house license, as he or she deems necessary to ensure public safety. 7. Subject to Sections 13 and 21 of By-law No. 2002-189, if, in the opinion of the Chief License Inspector following a review of relevant investigations and/or inspections, the licensee's actions are adverse to the public interest or to public safety, the Chief License Inspector may refuse renewal of the license. 8. In addition to the requirements of By-law No. 2002-189, the Chief License Inspector shall indicate on the license certificate, upon issuing or renewing the rooming house license, the following: (a) the municipal address of the rooming house; (b) the name and telephone number of the rooming house owner and of an agent of the rooming house owner to whom matters respecting the rooming house may be directly addressed; and, (c) the number of units in the rooming house. GENERAL REGULATIONS 9. No licensee shall fail to post the license in a prominent location on the licensed premises so as to be clearly visible to the tenants and the public visiting the rooming house. 10. No person shall own or operate a rooming house without first obtaining a license to do so. Page 144 of 751 5 11. No licensee or agent of the licensee shall fail to ensure that: (a) the licensee or his/her agent responds, within forty-eight (48) hours, to inquiries or service requests made by tenants, City representatives or the public; (b) a record of all tenants is maintained, including identification information, emergency contacts, in accordance with relevant privacy legislation and for use only by the licensee or agent of the licensee; (c) the door of each individual rooming unit has a functional view finder on the door; (d) every new tenant is provided with relevant printed information including the rights and responsibilities of tenants under the Residential Tenancies Act, 2006; (e) every tenant is provided with a secure location or manner in which to receive personal mail; and, (f) an emergency evacuation plan is posted on each floor of the rooming house and is visible to all tenants and visiting public. INSURANCE 12. Prior to the issuance of the rooming house owner license, the licensee shall file with the Chief License Inspector proof of Commercial General Liability insurance coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property, including loss of use thereof. The proof of insurance shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of any cancellation or of a material change that would diminish coverage. INDEMNIFICATION 13. The applicant or licensee shall indemnify and save harmless the City of Ottawa from any and all claims, demands, cause of action, loss, costs or damages that the City of Ottawa may suffer, incur or be liable for resulting from the performance or non-performance by the applicant or licensee of the requirements and obligations under By-law No. 2002-189 whether with or without negligence on the part of the applicant or licensee, their employees, directors and agents. TRANSFERS 14. No rooming house owner license shall be transferable. Page 145 of 751 BY-LAW NO. 2008 - 237 0 0 0 0 0 0 O O O O O 0 O O 0 O O 0 of Ottawa to amend on • rciolio 0 1 .0 0 a� s. to U N O IDA N O • O co •r) U 0 0 0 0 0 0 O O O O O 0 O 0 O O O 0 0 0 0 0 0 0 O O O O 0 O O O O O 0 GULATORY CIL AUTHORITY: O C) Page 146 of 751 Appendix 3b London Page 147 of 751 31 10.7 Exemption - from licence - onus - on person charged In a prosecution for a breach of this Part of this by-law, the onus of proving that he does not, for any of the reasons mentioned in section 10.5 or section 10.6 of this by-law, require to be licensed is upon the person charged. 10.8 Public park - permit - Corporation No person licensed, or required to be licensed, as a "hawker" or "pedlar" shall carry on the business of a hawker or pedlar in any public park in the City except under a permit of the Corporation. 10.9 Exemption from Licence Fees (a) Registered charitable organizations shall be required to obtain a hawker or pedlar licence for "day sales" or "seasonal sales" but shall be exempt from paying the appropriate licence fee. (b) Local retailers shall be required to obtain a hawker or pedlar licence for "day sales" or "seasonal sales" if the local retailer is operating at a temporary location but shall be exempt from paying the appropriate licence fee for one temporary location only, provided that the goods, wares or merchandise offered for sale at the temporary location are the same goods, wares or merchandise offered for sale continuously when the local retailer is open for business at their permanent location for at least three (3) months prior to their application for the hawker or pedlar licence. Part 11 LODGING HOUSE 11.1 Definitions In this Part: Lodger - defined "lodger" shall mean any person who pays rent, fees or other valuable consideration to a lodging house keeper for living accommodations in which kitchen or washroom facilities are shared with other persons. Lodging house - defined "lodging house" shall mean: (a) a building in which residential accommodation is provided or is intended to be provided for hire or gain, and in which each lodger does not have access to all of the habitable areas of the building consisting of: (i) a dwelling unit together with more than 3 lodging units, which lodging units individually or collectively do not constitute separate dwelling units; or (ii) more than 3 lodging units, which lodging units individually or collectively do not constitute a dwelling unit; or (b) a building in which lodging is provided for more than 3 persons with or without meals; and includes a nursing home, a rooming house, a boarding house and a fraternity or sorority house but shall not include a hotel, motel, hostel, hospital or nursing home if licensed, approved or supervised under any general or special Act other than the Municipal Act or a residence of an educational institution. Lodging house keeper - defined "lodging house keeper" includes the owner, landlord, lessee, tenant or occupant responsible for the granting of permission for the occupancy of a lodging unit and for the collection of the fees or rent payable by the lodger. Lodging unit - defined "lodging unit" shall mean a room with sleeping facilities, and may include either a washroom or cooking facilities but not both, supplied to a lodger or lodgers, for hire or gain, for the use of such person or persons. 11.2 Operation - without valid licence - prohibited No person shall, in the City, operate a lodging house without holding a current valid licence for such business or issued under the provisions of this by-law. Page 148 of 751 32 11.3 Failure to comply - prohibited matter No person holding a Lodging House Licence shall: (a) fail to post the Lodging House Licence in a prominent place near the front entrance; (b) fail to prohibit the occupancy by more lodgers than the number for which the premises are licensed; (c) fail to keep and maintain a register of all resident lodgers; or (d) fail to prohibit the occupancy by more lodging units than the number for which the premises are licensed. 11.4 Licence posted - prominently - licensee - duty No holder of a Lodging House Licence issued pursuant to this by-law shall fail to ensure that the licence is posted in a prominent position inside the building near the front entrance to the lodging house. 11.5 Register - lodgers - kept - open to inspection - Police No holder of a Lodging House Licence issued pursuant to this by-law shall fail to ensure that a register is kept in the lodging house in which shall be entered the name and previous residence of every lodger who occupies the premises nor fail to make such register open to inspection, at any reasonable time, by any member of the London Police Service or any person designated by the Council to enforce this by- law. 11.6 Application - to appropriate officials - by Licence Manager Upon the licence application being filed, the Licence Manager shall forward copies thereof to the Property Standards Officer, to the Manager of By-law Enforcement, to the Fire Chief and to the Medical Officer of Health. 11.7 Report - Property Standards Officer - duty After inspection, the Property Standards Officer shall file a report as to whether or not the premises in respect of which a licence is sought comply with those sections of the Property Standards By-law of the Corporation, directly relating to the health and safety aspects of occupancy of the property. 11.8 Report - non-compliance - contents If there is non-compliance with section 11.7 of this Part of this by-law, the Property Standards Officer shall clearly identify in the report referred to in section 11.7 of this by-law the nature of the non- compliance and the by-law section or sections concerned. 11.9 Report - filed - Manager of By-law Enforcement The Manager of By-law Enforcement shall file a report as to whether or not the proposed use of the premises as a lodging house complies with all applicable zoning by-laws of the Corporation. If there is non-compliance with any such by-law, the Manager of By-law Enforcement shall clearly specify the nature of the non-compliance and the section or sections of the by-law or by-laws concerned. 11.10 Report - filed - Fire Chief After inspection, the Fire Chief shall file a report as to whether or not the premises in respect of which a licence is sought comply with all fire regulations currently in force in the City. The Fire Chief shall clearly specify the nature of the non-compliance and the regulation concerned. 11.11 Report - filed - Medical Officer of Health After inspection, the Medical Officer of Health shall file a report as to whether or not the premises in respect of which a licence is sought complies with the requirements of the Middlesex -London Health Unit. If there is non-compliance with any such requirements, the nature of the non-compliance and the requirement concerned shall be clearly specified. 11.12 Reports - favourable - licence - issue If all the reports filed are favourable, the Licence Manager may issue the requested licence. If any or all of the said reports are unfavourable, the application shall be refused and the applicant so notified, provided that the Licence Manager shall forward with such notification a copy, or copies, of any unfavourable report or reports. 11.13 Licence - valid - only number of lodgers shown A Lodging House Licence issued under the provisions of this Part of this by-law is only valid in respect of the premises named therein and for the number of lodgers indicated on the licence. Page 149 of 751 Appendix 3c Oshawa Page 150 of 751 Oshawa LODGING HOUSE BY-LAW Consolidation of By-law 94-2002 approved October 21, 2002 Amended by By-law 117-2008.13-2003, 79-2004 and 110-2004. Note: This consolidation is prepared for convenience only. For accurate reference the original by-laws should be reviewed. Page 151 of 751 Oshawa By -Law 94-2002 of The Corporation of the City of Oshawa being a by-law to provide for the licensing, regulating and governing of lodging houses in the City of Oshawa. Whereas Part XVII.1 of the Municipal Act, R.S.O 1990, c. M.45, as amended, authorizes the council of a municipality to pass by-laws for the licensing, regulating and governing of businesses; And Whereas the Council of the Corporation of the City of Oshawa deems it desirable to licence, regulate and govern the business of operating and maintaining lodging houses for the purposes of health and safety, nuisance control and consumer protection; Now therefore, it is enacted as a by-law of the corporation of the City of Oshawa by the Council thereof as follows: Section 1: Short Title 1.1 This By-law may be cited as the "Lodging House Licensing By -Law". Section 2: Administration, Interpretation and Enforcement 2.1 Scope 2.1.1 This By-law applies throughout the City of Oshawa. 2.2 Severability 2.2.1 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect. 2.3 Compliance with other By -Laws and Regulations 2.3.1 This By-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations. 2.3.2 If there is a conflict between a provision in this By-law and a provision of any other City by-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. 2.4 Gender and Number 2.4.1 In this By-law, unless the contrary intention is indicated, words used in singular shall include the plural and words used in the male gender shall include the female gender and vice versa. 2.5 Headings 2.5.1 The headings of sections, subsections and articles in this By-law are inserted for ease of reference only and do not affect the interpretation of this By-law. Language within parentheses do form a part of this By-law. 2.6 Numbering System 2.6.1 The numbering system for sections, articles and sentences for this By-law is explained as follows: Each "section" is numbered with an Arabic numeral. The second Arabic numeral following the first (separated by a decimal) describes the "subsection". The third Arabic numeral (where one appears) following the second (separated by a decimal) describes the "article." Clauses, lists of items, provisions or requirements within subsections or articles are defined by alphabetic characters enclosed by parentheses. 2 Page 152 of 751 2.7 And/Or 2.7.1 The word "and" is an inclusive conjunction, the use of which indicates that all items or phrases in the subsection, article, or list in which it appears are permitted or required, as the case may be. The word "or" is an alternate conjunction, the use of which indicates that alternate or optional items or phrases in the subsection, article or list in which it appears are permitted or required, as the case may be; however, notwithstanding the foregoing, where the context permits, the word "or" may also be an inclusive conjunction having the same meaning as the word "and". 2.8 References To Legislation 2.8.1 All references in this By-law to names of Acts of the Legislature are, unless otherwise noted, references to the Revised Statutes of Ontario, 1990 edition. Similarly, all references in this By-law to names of Regulations are, unless otherwise noted, references to the Revised Regulations of Ontario, 1990 edition. All references to Acts of the Legislature, Regulations and By-laws include applicable amendments, including successor Acts, Regulations and By-laws. 2.9 Defined Terms 2.9.1 Wherever the first letter of a term set out in the text of this By-law is capitalized, save for the first letter of terms which begin a sentence, section, subsection or article (unless that term is defined by this By-law) the term shall have the meaning set out for it in Section 3 and shall include the plural, past and future tense, with the necessary modification in interpreation required by the context. Wherever the first letter of a term set out in this By-law appears in lower case, it shall be deemed to have the meaning ordinarily attributed to it in the English language. 2.10 Use 2.10.1 In this By-law, unless the context requires otherwise, the verb "use" shall include "intend to use", "design to use" and "cause or permit to use". 2.11 Effective Date 2.11.1 This By-law shall come into force on January 1, 2003. 2.12 Repeal Of Existing By -Law 2.12.1 On the date that this By-law comes into force, By-law 74-84 is repealed. Section 3: Definitions 3.1 For the purpose of interpreting the provisions set forth in this By-law, the following definitions shall apply: "Accessory Building" means a detached Building not used for human habitation. "Apartment Building" means a Building containing three (3) or more Dwelling Units, where units are horizontally separated and where each unit has access to an interior corridor system with exit at grade level. "Bed and Breakfast Establishment" means a Single Detached or Farm Dwelling in which not more than three bedrooms are made available for the temporary accommodation of travelers, to whom meals may be furnished, but does not include a Hotel or Lodging House. "Building" means any Structure consisting of a roof supported by walls or columns which is used for the shelter, accommodation or enclosure of Persons, animals, goods, chattels or equipment, whether heretofore or hereafter erected. "By -Law Enforcement Officer" means any Person appointed by the City to enforce its by-laws. "Cellar" means the portion of a Building between two floor levels which is partly or wholly underground and which has more than one-half of its height from finished floor to finished ceiling below adjacent finished grade. "City" means The Corporation of the City of Oshawa. 3 Page 153 of 751 "Committee" means the Committee of Council to which Council has delegated the responsibility of handling lodging house licensing matters. (110-2004) "Correctional Group Home" means a Group Home containing one or more Persons who have been placed on probation, released on parole, admitted for correctional purposes, or found to be not criminally responsible for a crime by virtue of mental incapacity. "Crisis Care Residence" means an establishment that provides a means of immediate, temporary accommodation and assistance for a short-term period, which is generally less than one week for the majority of the residents and includes a hostel. "Dwelling" means a Building or Structure or part of a Building or Structure used for the purpose of human habitation, and includes a Building that would be used or would be intended to be used for such purposes, except for its state of disrepair, and shall include every Building on a residential Property other than an Accessory Building. "Dwelling Unit" means that part of a Dwelling consisting of one or more Habitable Rooms, which contains toilet and cooking facilities and which is designed for use as a single housekeeping establishment. "Farm Dwelling" means a Single Detached Dwelling which is located or intended to be located on a lot used for agricultural purposes. "Grade" means the average elevation of the finished surface of the ground where it meets the exterior of the front of the Lodging House. "Group Home" means a Dwelling Unit housing three to ten persons, exclusive of staff, who by reason of their emotional, mental, social or physical condition or legal status require a group living arrangement for their well being, and who live under responsible supervision, with the group home licensed or approved for funding under Provincial Statutes. "Gross Floor Area" means the sum total of the horizontal areas of the floors in a Lodging House, measured from the exterior faces of the exterior walls (or where calculated individually for one or more uses in a Lodging House measured from the centreline of the common wall separating the uses) and, where provided, shall include corridors, lobbies, half -storeys and areas occupied by interior walls or partitions, but shall not include any floor area located below Grade. "Habitable Room" means a room in a Dwelling used, designed to be used or capable of being used for living, sleeping, cooking or eating purposes. "Hospital" means any institution, land, Building or part of a Building, Structure or other premises or place established for the diagnosis or treatment of Persons afflicted with or suffering from sickness, disease or injury, including mental or nervous illness, or for the treatment of convalescent or chronically ill Persons. "Hotel" means a Building, or part of a Building or group of Buildings mainly used for the purpose of catering to the needs of the travelling public by furnishing sleeping accommodation and includes a motel or motor hotel but does not include a Bed and Breakfast Establishment or a Lodging House. "Lodger" means a Person, other than an Owner, who resides in a Lodging House. "Lodging House" means a Building or part of a Building, containing three to ten Lodging Units, which does not appear to function as a Dwelling Unit, although one may be included with the Lodging Units. It includes, without limitation, a rooming house and a boarding house, a fraternity house or sorority house. It does not include a Hotel, a Crisis Care Residence, a Hospital, a Group Home, a Correctional Group Home, a Bed and Breakfast Establishment nor a Nursing Home, or Retirement Home, as defined by this By-law. "Lodging Unit" means one or more rooms within a Building used for sleeping accommodations. Lodging Units may contain cooking or Washroom facilities, but not both. "Lot" means a parcel of land which is: a) shown as a lot or block on a registered plan of subdivision; or 4 Page 154 of 751 b) described in a single Transfer/Deed of Land of legal effect registered in the Land Registry Office or the Land Titles Office for the Land Registry Division of Durham. "Lot Line" means any boundary of a Lot. "Nursing Home" means a Building or part of a Building in which rooms or lodging are provided in conjunction with the provision of meals, personal care, nursing services and medical care and treatment, but does not include a Hospital. "Owner" includes all Persons shown by the records in the Registry Office or the Land Titles Office to be the owner at law of the subject Property and also includes a Person who, alone or with others, or through others: a) Provides the services of a Lodging House; b) Is entitled to any income accruing from using, maintaining or operating a Lodging House; c) Manages or controls a Lodging House including, without limiting the generality of the foregoing, collecting or receiving rentals, fees or any other compensation paid by or on behalf of the Lodgers or potential Lodgers of the Lodging House; or d) Has responsibility for or control over the condition of a Lodging House, or the Property, or the activities carried on there or control over Persons authorized to enter that Property. "Person" means an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and the heirs, executors or legal representatives of the Person to whom the context can apply according to law. "Property" means the Lot on which a Lodging House sits. "Provincial Offences Officer" has the same meaning as in the Provincial Offences Act. "Rear Yard" means all of the yard on a lot which contains a Lodging House, which is situated behind the Lodging House and extends from one side lot line to the other side lot line. "Retirement Home" means a residence providing accommodation primarily for Persons or couples of 65 years of age or over where each living unit has a private bedroom, a private Washroom and separate entrance from a common hall but where common facilities for the preparation and consumption of food are provided, and where common lounges, recreation rooms and medical care facilities may also be provided. "Single Detached Dwelling" means a Building which is freestanding, separate and detached from other main Buildings or main Structures and which contains only a Dwelling Unit, but does not include a mobile home. "Structure" means anything that is erected, and which is fixed to or supported by the soil, a Building or another Structure, but does not include a Building or fence. "Washroom" means that part of a Building containing one or more of a toilet, urinal, bathtub, shower or washbasin. Section 4: Requirements to be Licenced 4.1 No Person shall own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a Lodging House, or any part thereof, as a business without first obtaining a licence therefor under the provisions of this By-law. 4.2 Where a licence has been issued under this By-law for the use, operation or maintenance of a Lodging House, no Person shall use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, kept, rented or offered for rent that Lodging House, or any part thereof, except in conformity with the terms and provisions of the licence and this By-law. 5 Page 155 of 751 Section 5: Licence Application 5.1 The application for licences and the application for licence renewals under this By-law shall be submitted to Building Services on forms approved by the City and shall contain the information required by this Subsection. Notwithstanding the foregoing, where the application is for a renewal only of a licence, the following information need only be provided where it has changed from previous applications: (79-2004) a) The name and address of the Owner as shown on the records in the Land Registry Office or Land Titles Office for Durham Region, referred to in this By-law as the registered owner, and the telephone number of the Owner; b) If the registered owner is a corporation, the name, address and telephone numbers of all officers, directors and shareholders; c) If the registered owner is a corporation, its articles of incorporation; d) If the registered owner is a partnership, the name, address and telephone number of the individual members of the partnership; e) The name, address and telephone number of the keeper, manager or operator of the Lodging House if it is not the same as the registered owner; f) The location of the Lodging House including address and legal description; g) The number of Lodging Units available for Lodgers; h) The number of Washrooms available for use by Lodgers; and i) The number of parking spaces available for use by Lodgers. 5.2 The application for licences and the application for licence renewals under this By-law shall be submitted together with the following: a) A floor plan of the Building, including dimensions and the proposed use of each room and a site plan showing the location and dimensions of all parking spaces available on the Property; b) A statement from the Manager of By-law Enforcement of the City, or his/her designate, that the Building on the subject Property, and the contemplated use thereof, complies with the requirements of Subsections 6.1 a), c), j) and (if applicable) h) of this By-law; c) A statement from the Fire Chief, or his/her designate, that the Building on the subject Property complies with the requirements of Subsection 6.1 b) of this By-law; d) Subject to Subsection 6.2, the inspection certificates required in Subsection 6.1 d), e), and 0; e) Acknowledgments in writing allowing the City and all appropriate authorities having jurisdiction, to enter the subject Property, including any Buildings or Dwellings or Lodging Units thereon, in order to conduct the necessary annual inspections of the subject Property to determine compliance with the requirements of this By-law to support licence issuance or renewal; f) An original Criminal Information Report (CIR) as required in Subsection 6.1 g) of this By-law; g) A true copy of the record of any business name used for the Lodging House under the Business Names Act; h) Proof of placement of insurance for the duration of the licence period having a limit of liability of not less than $2,000,000.00 (two million dollars) per occurrence for property damage and bodily injury. It shall be a requirement of the policy of insurance that the City be notified of any intended cancellation by the insurer no less than fifteen (15) days prior to such cancellation; 6 Page 156 of 751 i) A statement from the Medical Officer of Health for Durham Region, or his/her designate, that the Building on the subject Property and the subject Property itself complies with all of the requirements of the Health Protection and Promotion Act and all of the regulations and by-laws thereunder, meets the minimum public health standards and does not pose a health hazard; and j) The applicable fees. (13-2003) 5.3 No Person shall knowingly give false information when applying for a licence under this By-law. 5.4 Where the applicant or licensee meets all of the requirements of this By-law, the Chief Building Official may grant a licence, or renewal, as the case may be. Section 6: Licence Requirements 6.1 No licence shall be issued and no licence shall be renewed unless: a) The use and intended use of the subject Property is permitted in accordance with the City's Zoning By -Law; b) The Building on the subject Property is in compliance with all standards which apply to the Building at the time of licence issuance or renewal as are prescribed by the Ontario Fire Code, O. Reg. 388/97; c) The Building and subject Property are in compliance with the City's Property Standards By -Law; d) An electrical inspection certificate is provided verifying the Building on the subject Property is in compliance with all standards which apply to the Building at the time of licence issuance or renewal as are prescribed by the Ontario Electrical Safety Code, O. Reg. 164/99; e) An inspection certificate has been provided from a heating contractor, duly qualified under the laws of the Province of Ontario, that the heating system in the Building on the subject Property is in safe working order; f) An inspection certificate from Fire Services of the City has been provided verifying that all carbon monoxide detectors installed on the subject Property are in working order; g) An original CIR from the Durham Regional Police has been provided dated not prior to 30 days before the date of licence application, showing no convictions under Parts V (Sexual Offences), VIII (Offences Against Persons) or IX (Offences against Property) of the Criminal Code of Canada, R.S.C. 1985, c. C-46, as amended, for the Owner and any proposed managers, operators or keepers of the subject Property; h) If required, a change of use permit under the Building Code Act 1992, S.O. 1992, c. 23, has been issued and any work required thereunder has been completed; i) The Lodging House complies with all of the requirements of this By-law; j) Any signs located on the subject Property are in compliance with the City's Sign By-law; k) Proof of placement of insurance for the duration of the licence period having a limit of liability of not less than $2,000,000.00 (two million dollars) per occurrence for property damage and bodily injury. It shall be a requirement of the policy of insurance that the City be notified of any intended cancellation by the insurer no less than fifteen (15) days prior to such cancellation; I) The Medical Officer of Health for Durham Region, or his/her designate, has certified that the Building on the subject Property and the subject Property itself complies with all of the requirements of the Health Protection and Promotion Act and all of the regulations and by-laws thereunder, meets the minimum public health standards and does not pose a health hazard; 7 Page 157 of 751 m) The Lodging House is not located within 45 metres of another Lodging House. For the purposes of this subsection, the distance shall be measured from the perimeter of the Property for which the licence is sought to the perimeter of the next nearest Property on which a Lodging House is situated. Provided that, this paragraph m) shall not apply to those Properties where the business of a Lodging House was being carried on or engaged in at that location at the time this By-law first came into force; and n) The fees have been paid. (13-2003) 6.2 Notwithstanding the provisions of Subsection 6.1, where an Owner has previously submitted the certificate required by Subsection 6.1 d), and where that certificate is less than five (5) years old, the Owner need not submit current certificates in that regard. Section 7: Appeal 7.1 Where the Chief Building Official believes, for any reason, that an applicant or licensee would be disentitled to a licence (or a renewal thereof) or an applicant or licensee should only be granted a licence (or a renewal thereof) subject to conditions, or a licence should be suspended or revoked, the Chief Building Official shall submit the application and all investigative reports to the COMMITTEE and no licence shall be granted except on order of Council. (79-2004, 110-2004) 7.2 In considering a matter under this Section, Council may impose any conditions it sees fit as a requirement of obtaining, continuing to hold or renewing a licence, including any condition which would otherwise contravene any other provisions of this By-law and, notwithstanding the generality of the foregoing, conditions may be imposed on the following grounds: a) To ensure the health and safety of any person; b) To control and abate nuisances; c) To protect consumers; and d) To ensure the business is carried on in accordance with the law or with honesty and integrity. 7.3 Council shall not make a decision under this Section without first affording the Person or applicant the opportunity to be heard before the Committee. 7.4 After such opportunity to be heard is afforded the Person or applicant, Council may make any decision in respect of which the hearing was held or the opportunity for hearing afforded without holding a further hearing or affording further opportunity for a hearing in such matter. 7.5 Where the Committee conducts a hearing in respect of any matter in this Section, the rules set out in The Statutory Powers Procedure Act shall apply to the Committee but those rules do not apply to Council in the exercise of its power of decision in respect to such matter. 7.6 At the conclusion of the hearing conducted by the Committee under this Section, the Committee shall, as soon as practicable, make a written recommendation, if any, to Council with reasons on the merits of the application or proposed revocation or suspension in respect of which the hearing has been conducted. 7.7 After considering the report of the Committee, Council may thereupon in respect of such application do any act or make any decision that it might have done, passed or made had it conducted the hearing itself. 7.8 Notice of the decision of Council may be given by mailing a copy thereof by prepaid certified mail to the Person or applicant at his last known address and, upon such mailing, any revoked, suspended or refused licence shall be deemed to be revoked, suspended or refused, as the case may be. 8 Page 158 of 751 Section 8: Fees 8.1 No application for a licence and no application for a licence renewal shall be accepted unless it is accompanied by the application fee. (13-2003) 8.2 No licence shall be issued under this By-law until the licence fee has been paid in full to the Chief Building Official. Where the licence fee is paid by cheque and the applicant's financial institution refuses to clear that cheque, any licence issued hereunder may be revoked as not meeting the requirements of this Subsection. (13-2003) Section 9: Inspections 9.1 Upon receipt of an application for a licence or licence renewal, inspections of the Lodging House will occur at the location named in the application to determine whether such Lodging House complies with this By-law. 9.2 The signature of the registered Owner and applicant (if different from the registered owner) on the application form shall be deemed as permission for authorized persons to enter the subject Property (and Buildings) named in the application at any reasonable time to carry out any inspections. 9.3 The applicant shall provide an authorization from each Lodger for permission for authorized Persons to enter all Lodging Units on the Property (at a time and day convenient to the City, the applicant and the Lodgers) for the purposes of conducting inspections under this By-law. 9.4 Every Lodging House shall be subject to an annual Fire Services and Property Standards inspection. 9.5 Subject to Subsection 9.6, a Provincial Offences Officer or By-law Enforcement Officer may (between the hours of 6 a.m. and 9 p.m. and upon producing proper identification) enter upon a Property and into Buildings without a warrant to inspect a Property for compliance with the provisions of this By-law. 9.6 Except under the authority of a search warrant, neither a Provincial Offences Officer nor a By-law Enforcement Officer shall enter any room or place actually used as a Dwelling, Dwelling Unit or Lodging Unit without requesting and obtaining the consent of the occupier, having first informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 9.7 No Person shall obstruct or attempt to obstruct a Provincial Offences Officer or By-law Enforcement Officer in carrying out a lawful inspection under this Section. Section 10: Terms of the Licence 10.1 All licences issued under this By-law shall expire on the 31st day of December of each year. 10.2 Where a licence is issued under this By-law, the licence shall be displayed in a prominent location inside the main entrance of the Lodging House together with a list of any conditions imposed upon the licence. The licence shall indicate the following: a) The information set out in Subsection 5.1; b) The maximum number of Lodging Units allowed on the Property; c) The licence number; d) The date of issue; e) The date of expiry; and f) The name of the Owner or, where the Owner does not reside in the City of Oshawa, the Owner's agent who does reside in the City of Oshawa, and sufficient information to enable immediate contact with that Owner or Owner's agent. 10.3 Every licence issued under this By-law is issued subject to the following conditions: 9 Page 159 of 751 a) That the maximum number of Lodging Units as provided for in the licence is not exceeded; b) That all Federal and Provincial laws and City By-laws, including this By-law, are complied with prior and subsequent to licence issuance; and c) That no construction, renovation, alteration or addition is carried out on the subject Property except in compliance with all laws and upon the issuance of all applicable permits. 10.4 Every Owner shall keep and maintain the following written records for each Lodger and shall make these records available for inspection forthwith on the request of a By-law Enforcement Officer: a) The full name of the Lodger; b) The address of the last place of residence prior to admission to the home; c) The name, address and telephone number of the next of kin or, where there is no next of kin, the number of someone to contact in the event of an emergency; and d) The Lodger's Ontario Health Card Number, if they possess one, and if the Lodger consents. 10.5 All of the records referred to in Subsection 10.4 are the property of the Lodger and, where the Lodger no longer resides in the Lodging House, shall be returned to the Lodger, forthwith, upon demand. 10.6 If, at any time after the issuance of a licence, the Owner or their agent, as the case may be, shall cease to reside in the City of Oshawa, the Owner shall, within seven (7) days of such cessation, file with the Chief Building Official, a signed consent and appointment appointing some other Person who is a resident of the City of Oshawa and who can supply a current CIR in compliance with the requirements of Subsection 6.1 g), as agent for the Owner. 10.7 Where the Owner has appointed a Person as agent, such Person shall, for the purposes of this By-law, be deemed to have full authority to act as agent of the Owner in respect of the operation of the Lodging House and shall be deemed to be an Owner. 10.8 Every Owner of a Lodging House shall provide a functioning telephone that is accessible to all Lodgers at all times for emergency use and shall post a list of local emergency numbers in close proximity to the telephone. 10.9 Every Owner of a Lodging House shall post a fire safety plan, approved by the Fire Chief for the City, or his/her designate, in a conspicuous place in the Lodging House. Section 11: Revocation / Suspension 11.1 No Person shall enjoy a vested right in the continuance of a licence and, upon issuance, renewal, cancellation or suspension, the licence shall remain the property of the City and Council may, by resolution, suspend or revoke any licence issued under this By- law, in its complete discretion. 11.2 The exercise of the discretion of Council to refuse, suspend, or revoke a licence under this By -Law shall be based on: a) the breach by an Owner of any By-law of the City, including this By-law, or any statute or regulation of the Province of Ontario including without limitation the Liquor Control Act, the Fire Prevention and Protection Act, the Fire Code and the Health Protection and Promotion Act or any statute or regulation of the Country of Canada, including without limitation the Criminal Code and the Controlled Drugs and Substances Act; b) a breach of any of the By-laws, statutes or regulations as setout in subsection 11.2 a) by a Lodger while in a Lodging House or on a Property and while outside that Lodger's Lodging Unit; 10 Page 160 of 751 c) the failure of an applicant or licence holder or Owner or Property to meet, at any time, any of the requirements of this By-law or any conditions imposed on a licence issued under this By-law; d) the submission of false information filed in support of a licence or licence renewal; e) the applicant or licence holder or Owner is incompetent in a manner that affects the safety, health or welfare of the public, including the safety, health or welfare of a Lodger; f) the applicant has been found to have discriminated against a member of the public or a Lodger contrary to the Human Rights Code in connection with the operation of a Lodging House; g) the protection of the health or safety of any Person; h) the control or abatement of nuisance; i) the protection of consumers; or j) upon the grounds that the conduct of any Person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the Person will not carry on or engage in the business in accordance with the law or with honesty and integrity. Section 12: Lodging House Regulations 12.1 No Person shall use or permit the use of an appliance in a Lodging Unit that may create a fire hazard. 12.2 No Owner shall permit a Person who has assaulted another Person while in a Lodging House or damaged the property of another Person while in a Lodging House to remain in that same Lodging House or on the Property. 12.3 No person shall occupy or permit the occupancy of, for sleeping purposes, any Cellar or any space used or designed to be used as a lobby, hallway, closet, bathroom, laundry room, stairway or kitchen or any room having a floor area of less than 80 square feet or any room being less than 7 feet 6 inches from the floor to ceiling. 12.4 No Person shall maintain, rent or offer for rent Lodging Units in a Lodging House, or any part thereof, in excess of the maximum number of Lodging Units permitted in the following table based on the Gross Floor Area of the Lodging House: Gross Floor Area of Lodging House Maximum Number of Lodging Units Permitted 0 — 140 m2 4 140.1 — 186 m2 5 186.1 — 233 m` 6 233.1 — 326 m2 7 326.1 — 465 m2 9 Over 465 m2 10 12.5 No Person shall own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a Lodging House, or any part thereof, without maintaining on the Property at least 0.5 parking spaces for every Lodging Unit in the Lodging House and, where the Lodging House also contains a separate Dwelling unit, one (1) additional parking space. 12.6 Each parking space required under this By-law shall have a minimum width, length and adjoining aisle width as set out in the following table: 11 Page 161 of 751 Parking Angle (degrees) Parking Space Width (m) Parking Space Length (m) Aisle Width (m) 0 to 20 2.6 6.7 3.5 21 to 45 2.6 5.4 3.2 46 to 60 2.6 5.4 3.9 61to75 2.6 5.4 5.1 76 to 90 2.6 5.4 6.5 12.7 Notwithstanding subsection 12.6 to the contrary, the minimum parking space width shall be 3.0 metres where the side of any parking space is located adjacent to a solid wall, fence or like structure. 12.8 Provided that the requirements of subsections 12.5, 12.6 or 12.7, as applicable, shall not apply to a Property which has obtained a variance by the Committee of Adjustment for the City from any of the requirements set out in those subsections under the equivalent requirements of the City's Zoning By-law. 12.9 The Owner of a Lodging House shall erect and maintain a fence surrounding the entire Rear Yard of the Property, except that portion of the Rear Yard that is bounded by the main rear wall of the Lodging House, to form a continuous enclosure of the Rear Yard in accordance with the following minimum requirements: a) the fence shall extend from the ground to a height, measured on the outside of the fence, of not less than 1.5 metres; b) the fence shall be of vertically boarded weather protected wood construction; c) the fence shall have the vertical boarding attached to supporting members not less than 19 mm by 89 mm dimensions spaced not more than 40 mm apart; d) the fence shall be supported by a minimum of 89 mm square or 89 mm diameter posts, spaced not more than 2.4 m on centres securely embedded to a minimum of 1.2 m below Grade. That portion of the wood post below Grade shall be treated with a wood preservative. Top and bottom horizontal rails shall be provided of wood 38 mm by 89 mm minimum dimensions; and e) where a gate is erected at any point in the fence, such gate shall not exceed 1.2 m in width. 12.10 Every Lodging Unit shall have a window or windows, skylights or translucent panels facing directly or indirectly to an outside space that admit natural light equal to not less than two and one half percent of the floor area of the Lodging Unit. 12.11 Every corridor, passageway, doorway, stairway and storage rooms (but not including service, utility and laundry rooms) or other room used or designed to be used in common by Lodgers in a Lodging House shall be provided with a minimum Level Of Illumination of 50 Lux (4.6 Foot candles). 12.12 Every Washroom and recreation room used or designed to be used by Lodgers in a Lodging House shall be provided with a minimum Level Of Illumination of 100 Lux (9.3 Foot candles). 12.13 Every service, utility and laundry room used or designed to be used by Lodgers in a Lodging House shall be provided with a minimum Level Of Illumination of 200 Lux (18.6 foot candles). 12.14 Every Lodging House shall be kept free from dampness and moisture. 12.15 Every Lodging House shall be kept free of pest infestation (including rodents, vermin and insects, reptiles, or other wild animals, pigeons, or other wild birds) at all times. 12 Page 162 of 751 12.16 Every floor, wall, ceiling, furnishing, appliance, fixture and equipment in a Lodging House (including the interior of Lodging Units) shall be maintained in a clean and sanitary condition and free from rubbish, garbage, ashes, flammable materials and other debris. Section 13: Offence / Penalties 13.1 Every person who contravenes any of the provisions of this By-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year, or to both. 13.2 Where a corporation is convicted of an offence under subsection 13.1, the maximum penalty that may be imposed on the corporation is $50,000 and not as provided in that subsection. By-law read a first, second and third time and finally passed this twenty-first day of October, 2002. 2005 06 16 13 Page 163 of 751 SCHEDULE "A" TO BY-LAW 94-2002 (a) The non-refundable application fee for a licence (new or renewal) is $100.00 (b) The licence fee for a new licence is $250.00 (c) In respect of an application for a licence renewal received prior to the expiry date of the licence or licence renewal, being the 31st day of December of any year, the licence fee for the subsequent year is $250.00 (d) In respect of an application for licence renewal received after the expiry date of the licence or licence renewal, being the 31st day of December of any year, the licence fee for the year is $300.00. 14 Page 164 of 751 Appendix 3d Vancouver Page 165 of 751 CITY OF VANCOUVER BRITISH COLUMBIA SINGLE ROOM ACCOMMODATION BY-LAW NO. 8733 This By-law is printed under and by authority of the Council of the City of Vancouver (Consolidated for convenience only to July 22, 2015) Page 166 of 751 CITY OF VANCOUVER SINGLE ROOM ACCOMMODATION BY-LAW NO. 8733 Page 167 of 751 1.1 Name of By-law 1.2 Definitions 1.3 Table of contents 1.4 Schedules 1.5 Severability SINGLE ROOM ACCOMMODATION BY-LAW TABLE OF CONTENTS SECTION 1 INTERPRETATION SECTION 2 APPLICATION OF BY-LAW AND DESIGNATION OF SINGLE ROOM ACCOMMODATION 2.1 Application of By-law 2.2 Designation 2.3 Notice of designation SECTION 3 EXEMPTIONS 3.1 Application for exemption 3.2 Exemption application requirements 3.3 Exemption notice and inspection 3.4 Exemption approval 3.5 Lapse of application for exemption 3.6 Application of exemption SECTION 4 CONVERSION OR DEMOLITION 4.1 Regulation of conversion or demolition 4.2 Application for conversion or demolition permit 4.3 Conversion or demolition permit application requirements 4.4 Conversion or demolition permit notice and inspection 4.4A Consideration of conversion or demolition permit application 4.5 Issuance of conversion or demolition permit 4.6 Conversion or demolition permit conditions 4.7 Effect of conversion or demolition permit 4.8 Validity of conversion or demolition permit 4.9 Revocation of conversion or demolition permit 4.10 Effect of revocation or expiry 4.11 Other permits 4.12 Permitted rentals to transient guests 4.13 Accessory or amenity space Page 168 of 751 4.14 Lapse of application for permit 5.1 Inspections 5.2 Maintenance of records 5.3 Inspection of records SECTION 5 INSPECTIONS AND RECORDS SECTION 6 ENFORCEMENT 6.1 Assignment of enforcement powers or duties 6.2 Enforcement powers 6.3 Delivery of order, direction, or notice 6.4 Offences under By-law 6.5 Separate offences 6.6 Fine for offence 6.7 Fine for continuing offence 7.1 Force and effect SECTION 7 FORCE AND EFFECT OF BY-LAW SCHEDULES Schedule A - Main civic address(es), legal description(s), secondary civic address(es), or current name of buildings containing designated rooms Schedule B - Notice of designation Schedule C - Room registration form - iv - Page 169 of 751 BY-LAW NO. 8733 A By-law to regulate conversion or demolition of single room accommodation [Consolidated for convenience only, amended to include By-law No. 11331, effective July 22, 2015] THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows: SECTION 1 INTERPRETATION Name of By-law 1.1 The name of this By-law, for citation, is the ASingle Room Accommodation By-law@. Definitions 1.2 In this By-law: "building" means a building referred to in section 2.2; "conversion" or "convert" means: (a) a change in the form of occupancy, intended form of occupancy, or customary form of occupancy of a designated room from living accommodation for a permanent resident to living accommodation for a transient guest or to another purpose, (b) a change in the term or nature of the tenancy to which a permanent resident has the right in respect of a designated room, (c) a change in the frequency of the rent payments a permanent resident must make in respect of a designated room, (d) an occupancy or use, or the suffering or allowing of an occupancy or use, of a vacant designated room for a purpose other than living accommodation for a permanent resident, (e) a repair or alteration to a designated room or any improvement or fixture in it or a replacement of any such improvement or fixture, except for repairs or alterations that are minor in nature and have no material effect on the enjoyment by permanent residents of their living accommodation, and do not Page 170 of 751 (f) (g) include the relocation of a permanent resident during the repair or alteration and does not result in the room ceasing to be a designated room, a re-classification of a building or any portion of a building from Class 1 - residential to any other class referred to in the Assessment Act or its regulations, or a loss of exemption in respect of a designated room from an obligation to pay or remit hotel room tax under the Hotel Room Tax Act or its regulations; "demolition" or "demolish" means to pull, knock, or tear down or to raze, wholly or partially, a designated room; "designated room" means a room Council has designated, under section 2.2, as single room accommodation; "living accommodation" means the use, intended use, or customary use of a room for lodging or sleeping and sitting purposes; "owner" means a person who: (a) is the registered owner of the fee simple estate in land that includes a building, (b) is the owner under agreement of land that includes a building, (c) holds a leasehold estate in land that includes a building, (d) holds a leasehold estate in a whole building, or (e) is the occupier of Crown land that includes a building; and a reference in a provision of this By-law to an "owner" is to the owner in respect of the building that contains the designated room that is the subject of the provision; "permanent resident" means an individual who, in return for rent, occupies or usually occupies a room as his or her residence, and does so for at least 30 days; "rent" means money or other consideration an individual pays or gives or agrees to pay or give, once or periodically, to a person entitled to it in return for the right to occupy a room; "room" may include one or more connecting rooms, cooking facilities, or bathroom facilities used, intended to be used, or customarily used as one unit; and "transient guest" means a tourist, hosteller, or other individual who, in return for rent, occupies a room on a transient basis for business or pleasure, and not as his or her residence, and does so for fewer than 30 days. -2- Page 171 of 751 Table of contents 1.3 The table of contents for this By-law is for convenience of reference only, and is not for use in interpreting or enforcing this By-law. Schedules 1.4 Schedules A, B and C attached to this By-law form part of this By-law. Severability 1.5 A decision by a court that any part of this By-law is illegal, void, or unenforceable is not to affect the balance of the By-law. SECTION 2 APPLICATION OF BY-LAW AND DESIGNATION OF SINGLE ROOM ACCOMMODATION Application of By-law 2.1 This By-law applies to the downtown core, being the geographic area of the city bounded to the north by Burrard Inlet, to the west by the centre line of Burrard Street, to the south by False Creek and the centre line of Terminal Avenue, and to the east by the centre line of Clark Drive. Designation 2.2 For the purposes of this By-law, Council designates as single room accommodation every room in every building in the downtown core that bears the main civic address(es) set out in Column 1 of Schedule A, that is situate on one or more parcels of land bearing the legal description(s) set out in Column 2, that bears any secondary civic address(es) set out in Column 3, or that bears any name set out in Column 4. Notice of designation 2.3 Each owner must permanently post notice of the designation of rooms in a building in a conspicuous location at the front desk or in the lobby or public entrance of the building, and the notice must be in the form set out in Schedule B. SECTION 3 EXEMPTIONS Application for exemption 3.1 An owner may apply to Council for an exemption from this By-law for any of the following classes: -3- Page 172 of 751 (a) a building in which, from and after the enactment date of this By-law to the date of application for the exemption, all designated rooms consist of more than 320 square feet; (b) a designated room that, from and after the enactment date to the date of application for the exemption, consists of more than 320 square feet; (c) an owner, manager, or operator of a designated room that, from and after the enactment date to the date of application for the exemption, consists of more than 320 square feet. Exemption application requirements 3.2 An owner who wishes to claim an exemption under section 3.1 must give the Chief Housing Officer: (a) an application for the exemption in the form prescribed by the Chief Housing Officer; (b) an affidavit, sworn by the owner or, if the owner is a corporation, by a director of the corporation, setting out why the designated room qualifies for an exemption; (c) if the application is with respect to the size of a designated room or rooms, a certificate, prepared by a BC land surveyor, certifying the size of the room or rooms or other evidence of size satisfactory to Council; and (d) such other information as the Chief Housing Officer or Council may require or as the applicant may wish to submit. Exemption notice and inspection 3.3 An applicant for an exemption must allow a city inspector to inspect the building and designated rooms that are the subject of the application. Exemption approval 3.4 If the applicant satisfies Council that the class in respect of which the applicant has applied for an exemption meets the applicable requirements and conditions of exemption set out in section 3.1, Council must grant the exemption. Lapse of application for exemption 3.5 If, within 12 months after submission of the application, the applicant does not satisfy Council that the class in respect of which the applicant has applied for an exemption meets the applicable requirements and conditions of exemption set out in section 3.1, the application is to have no further force or effect. -4- Page 173 of 751 Application of exemption 3.6 An exemption approved by Council applies only so long as the requirements and conditions of exemption set out in section 3.1 continue to apply after the grant of the exemption. If any such requirements or conditions cease to apply, the exemption is to have no further force or effect. SECTION 4 CONVERSION OR DEMOLITION Regulation of conversion or demolition 4.1 A person must not: (a) seek issuance of any permit, for which that person has applied, under any city by-law in connection with the conversion or demolition of a designated room; (b) attempt to convert or demolish a designated room; or (c) convert or demolish a designated room; unless the owner: (d) obtains a conversion or demolition permit; (e) complies with this By-law; and (f) fulfils all conditions required prior to issuance of, or attached to, the conversion or demolition permit that Council requires the owner to fulfil before the issuance of any other permit. Application to Council for conversion or demolition permit 4.2 Subject to the provisions of section 4.3, an owner may apply to Council for a permit approving the conversion or demolition of a designated room. Application to Chief Housing Officer for conversion or demolition permit 4.3 Despite the provisions of section 4.2, an owner may apply to the Chief Housing Officer for a permit approving the conversion or demolition of a designated room if: (a) the applicant is a provider of social housing; (b) the conversion or demolition consists of upgrading a designated room to add bathroom and cooking facilities; (c) the designated room will be used as social housing after the conversion or demolition; and -5- Page 174 of 751 (d) the upgraded designated room is secured as social housing through a housing agreement registered on title to the satisfaction of the Director of Legal Services; or (e) the proposed conversion involves a conversion under (e) of the definition of "conversion" or "convert" in section 1.2. Conversion or demolition permit application requirements 4.4 An applicant for a conversion or demolition permit, pursuant to sections 4.2 or 4.3 must give the Chief Housing Officer: (a) an applicant for a conversion or demolition permit in the form prescribed by the Chief Housing Officer; (b) an affidavit, sworn by the owner or, if the owner is a corporation, by a director of the corporation, setting out why the owner wants to convert or demolish the designated room; (c) records including guest ledgers and rent rolls, for the then current calendar year and for the three immediately preceding calendar years, in respect of the designated room, as the Chief Housing Officer or Council may require; (d) such other information as the Chief Housing Officer or Council may require; (e) for an application pursuant to section 4.2, in addition to any application or other fee levied under any other city by-law, a non-refundable application fee of: (f) (i) $1,000.00 in respect of the first 10 designated rooms, and (ii) $100.00 in respect of each additional designated room to a maximum of $6,000.00; and for an application pursuant to section 4.3, in addition to any application or other fee levied under any other city by-law, a non-refundable application fee of: (i) $100.00 in respect of the first 10 designated rooms, and (i) $10.00 in respect of each additional designated room to a maximum of $600.00, Unless the proposed conversion only involves a conversion under (e) of the definition of "conversion" of "convert", in which case no fee is payable. Conversion or demolition permit notice and inspection -6- Page 175 of 751 4.5 An applicant for a conversion or demolition permit, pursuant to sections 4.2 or 4.3 for a designated room must allow a city inspector to: (a) inspect the designated room; and (b) post a notice of the application in a conspicuous location at the front desk or in the lobby or public entrance of the building that contains the designated room. Consideration of conversion or demolition permit application 4.6 When deciding on an application for a conversion or demolition permit, Council or the Chief Housing Officer must consider the recent history of the land and building, and the use and occupancy of the building, that is the subject of the application. Issuance of conversion or demolition permit 4.7 Council or the Chief Housing Officer may: (a) require the owner to fulfil certain conditions before Council or the Chief Housing Officer approves the conversion or demolition permit, and issue the conversion or demolition permit only if the owner fulfills those conditions within 12 months after receiving notice of them; (b) issue the conversion or demolition permit but attach conditions to it; (c) issue the conversion or demolition permit; or (d) refuse to issue the conversion or demolition permit. Conversion or demolition permit conditions 4.8 In addition to the conditions set out in section 193D(5) of the Vancouver Charter, Council or the Chief Housing Officer may: (a) as a condition of approving a conversion or demolition permit for a designated room, require the owner to pay to the city, for deposit into a reserve fund for the provision of accommodation to replace the accommodation the owner intends to convert or demolish under the conversion or demolition permit, the amount of $125,000 for each designated room, but only if the designated room ceases to be a designated room and is otherwise not replaced by the owner; (b) as a condition of approving a conversion or demolition permit for a designated room, require the owner to enter into a heritage revitalization agreement with the city under section 592 of the Vancouver Charter or obtain a heritage alteration permit under section 597 of the Vancouver Charter; (c) as a condition of approving a conversion or demolition permit for a designated room, require the owner to grant the city a section 219 covenant securing, to the extent Council or the Chief Housing Officer considers necessary, the -7- Page 176 of 751 conditions attached to the conversion or demolition permit and the owner' s obligations to comply with such conditions; (d) as a condition of approving a conversion or demolition permit for a designated room, require the owner to execute and deliver to the city any instrument required by Council or the Chief Housing Officer as a condition of approving a conversion or demolition permit in form and substance satisfactory to the city' s Director of Legal Services, and register such instrument in the Vancouver/New Westminster Land Title Office against title to the parcel of land on which the designated room is situate with priority of registration satisfactory to the city's Director of Legal Services; (e) as a condition attached to a conversion permit for a designated room, allow the owner to repair or alter the designated room or the improvements or fixtures in it, if the owner, to the satisfaction of and as required by Council or the Chief Housing Officer: (f) (i) locates comparable or better accommodation at a comparable or lesser rent for the permanent resident of the designated room during the course of the repair or alteration, (ii) arranges for the re -location of the permanent resident to such comparable accommodation, and pays actual moving expenses, (iii) gives assurances that, after completion of the repair or alteration, the owner will rent the designated room to a permanent resident, and (iv) gives the permanent resident re -located under section 4.8(e)(ii) the first right of refusal to re -let his or her designated room from and after completion of the repair or alteration at the permanent resident's contribution to the rent paid immediately before commencement of the repair or alteration, arranges for the return of the permanent resident to his or her designated room, and pays actual moving expenses; as a condition attached to a conversion or demolition permit for a designated room, allow the demolition or conversion of the room so that it is no longer a designated room, if the owner, to the satisfaction of and as required by Council or the Chief Housing Officer: (1) locates comparable or better accommodation at a comparable or lesser rent for the permanent resident who is displaced, (ii) arranges for the re -location of the permanent resident to such comparable accommodation, and pays actual moving expenses, (iii) provides replacement housing for the designated room, and -8- Page 177 of 751 (g) (iv) gives the permanent resident re -located under section 4.8 (f)(ii) the first right of refusal to rent the replacement rooms and pays actual moving expenses; as a condition attached to a conversion or demolition permit for a designated room, allow the demolition or conversion of the room so that it is no longer a designated room, if the owner, to the satisfaction of and as required by Council or the Chief Housing Officer: (1) locates comparable or better accommodation at a comparable or lesser rent for the permanent resident who is displaced, (ii) arranges for the re -location of the permanent resident to such comparable accommodation, and pays actual moving expenses, and (iii) pays an amount specified in 4.8(a); (h) as a condition attached to a conversion or demolition permit for a designated room, require the owner to agree with the city, on terms and conditions satisfactory to the city's Director of Legal Services, to allow city employees, from time to time and at any reasonable time, to enter the building containing the designated room to inspect the building and its rooms for compliance with this By-law. Effect of conversion or demolition permit 4.9 An owner who obtains a conversion or demolition permit for a designated room may convert or demolish the designated room only in accordance with: (a) the conversion or demolition permit and any conditions attached to it; (b) the requirements set out in any instrument or heritage alteration permit required under section 4.8 or other instrument required as a condition of issuance of, or condition attached, to the conversion or demolition permit; and (c) other by-laws of and permits issued by the city; unless Council or the Chief Housing Officer, under section 4.11, revokes the conversion or demolition permit. Validity of conversion or demolition permit 4.10 A conversion or demolition permit is valid for 12 months from the date of its issuance unless: (a) within that 12 month period, the permit holder has lawfully commenced the conversion or demolition authorized by the conversion or demolition permit, in which case the conversion or demolition permit is valid for 24 months from the date of its issuance; -9- Page 178 of 751 (b) within that 24 month period, the owner completes the conversion or demolition in compliance with the requirements of all city by-laws and permits for the work of the conversion or demolition; (c) Council or the Chief Housing Officer renews the conversion or demolition permit for 12 months or less as Council or the Chief Housing Officer considers reasonable in the circumstances; or (d) Council or the Chief Housing Officer, as a condition of issuing the conversion or demolition permit, establishes another period of time during which the conversion or demolition permit is to be valid. Revocation of conversion or demolition permit 4.11 If a person breaches a condition attached to a conversion or demolition permit for a designated room or if Council or the Chief Housing Officer issued the conversion or demolition permit on the basis of false, incorrect or misleading information, Council or the Chief Housing Officer may revoke the permit. Effect of revocation or expiry 4.12 If a conversion or demolition permit expires under section 4.10 or if Council or the Chief Housing Officer revokes a conversion or demolition permit, the permit is to have no further force or effect, and the permit holder must not do anything further under the authority of the permit. Other permits 4.13 Issuance of a conversion or demolition permit, with or without conditions, does not exempt an owner or other person from any requirement under any other city by-law to obtain development, building, or other permits in connection with the conversion or demolition of a designated room, and to pay all fees required under those by-laws. Accessory or amenity space 4.14 The definition of "conversion" or "convert" in section 1.2 does not include the provision of accessory or amenity space in the following circumstances and subject to the following conditions: (a) the Chief Housing Officer is satisfied that the accessory or amenity space is solely for the use or benefit of the permanent residents of the designated building, and consists of a use such as a kitchen, television room, medical room, or counselling office; (b) if required by the Chief Housing Officer, the owner executes and delivers to the city a section 219 covenant, securing the accessory or amenity space solely for the use or benefit of such permanent residents, in form and substance satisfactory to the city's Director of Legal Services, and registers such covenant in the Vancouver/New Westminster Land Title Office against title to the parcel - 10 - Page 179 of 751 of land on which the designated building is situate with priority of registration satisfactory to the city's Director of Legal Services; and (c) the number of rooms used, or renovated for use, for such purpose does not exceed 10% of all designated rooms in the building. Lapse of application for permit 4.15 If the owner does not fulfil the conditions referred to in section 4.7(a) within the later of 12 months after receiving notice of them and the date the development permit lapses or if Council or the Chief Housing Officer refuses to issue the conversion of demolition permit under section 4.7(d), the application for the permit is to have no further force or effect. SECTION 5 INSPECTIONS AND RECORDS Inspections 5.1 The Director of Licenses and Inspections may make or cause to be made all necessary inspections to ascertain whether the provisions of this By-law are being carried out, and to ascertain whether any person is committing an offence against this By-law. Maintenance of records 5.2 An owner must maintain within the building, for the then current calendar year and the three immediately preceding calendar years, records pertaining to each designated room including: (a) a room registration form, in the form attached to this By-law as Schedule C, completed for each occupant of each designated room; (b) property tax assessment records; (c) guest ledgers; and (d) rent receipts showing the room number, name of each permanent resident or transient guest, amount of rent, and period of time to which the rent payment applies. Inspection of records 5.3 An owner obliged, under section 5.2, to maintain records must, upon request, make those records available for inspection by the Director of Licenses and Inspections. Page 180 of 751 SECTION 6 ENFORCEMENT Assignment of enforcement powers or duties 6.1 The Director of Licenses and Inspections is to enforce this By-law. Enforcement powers 6.2 The Director of Licenses and Inspections may order or direct a person to: (a) discontinue or refrain from proceeding with any work or using or occupying any land or building or doing anything that is in contravention of this By-law or any condition attached to a conversion or demolition permit; or (b) carry out any work or do anything to bring any land or building into conformity with this By-law, or into conformity with any conditions attached to a conversion or demolition permit. Delivery of order, direction, or notice 6.3 The Director of Licenses and Inspections may effectively deliver an order, direction, or notice by mailing it by registered post to the owner named in the records of the Assessment Authority of British Columbia at the address listed in those records, and the owner will be deemed to have received the order, direction, or notice within 48 hours after the date and time of mailing. Offences under By-law 6.4 A person who: (a) violates any provision of this By-law, or does any act or thing which violates any provision of this By-law, or suffers or allows any other person to do any act or thing which violates any provision of this By-law; (b) neglects to do or refrains from doing anything required to be done by any provision of this By-law; (c) fails to comply with an order, direction, or notice given under any provision of this By-law, or suffers or allows any other person to fail to comply with an order, direction, or notice given under any provision of this By-law; or (d) breaches, or suffers or allows the breach of, a condition attached to a conversion or demolition permit; is guilty of an offence against this By-law, and liable to the penalties imposed under this Section 6. - 12 - Page 181 of 751 Separate offences 6.5 An offence against this By-law in respect of more than one designated room is a separate offence in respect of each designated room. Fine for offence 6.6 Every person who commits an offence against this By-law is punishable on conviction by a fine of not less than $500.00 and not more than $10,000.00 for each offence. Fine for continuing offence 6.7 Every person who commits an offence of a continuing nature against this By-law is liable to a fine not less than $500.00 and not more than $10,000.00 for each day such offence continues. SECTION 7 FORCE AND EFFECT OF BY-LAW Force and effect 7.1 This By-law is to come into force and take effect on the date of its enactment. ENACTED by Council this 21st day of October, 2003 - 13 - (Signed) "Larry W. Campbell" Mayor (Signed) "Syd Baxter" City Clerk Page 182 of 751 SCHEDULE A Page 183 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 1 210 ABBOTT ST. PARCEL IDENTIFIER: 015-713-237 LOT 7 BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168 214 & 216 ABBOTT ST. DOMINION HOTEL 2 320 ABBOTT ST. PARCEL IDENTIFIER: 006-306-993 THE SOUTH 1/2 OF LOT 8 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 168 METROPOLE HOTEL 3 404 ABBOTT ST. PARCEL IDENTIFIER: 006-854-796 LOT 1 BLOCK 29 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 006-854-826 LOT 2 BLOCK 29 DISTRICT LOT 541 418, 402 & 420 ABBOTT ST.; 84 W HASTINGS ST. ABBOTT MANSIONS PLAN 210; PARCEL IDENTIFIER: 006-854-842 THE WEST 10 FEET OF LOT 3 BLOCK 29 DISTRICT LOT 541 PLAN 210 4 455 ABBOTT ST. PARCEL IDENTIFIER: 007-826-991 LOT 22 BLOCK 28 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER:007-827-032 LOT 23 BLOCK 28 DISTRICT LOT 541 PLAN 210 LOTUS HOTEL 5 90 ALEXANDER ST. PARCEL IDENTIFIER: 015-705-455 LOT 9 BLOCK 2 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-705-471 LOT 10 BLOCK 2 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-705-544 LOT 11, EXCEPT PART IN REFERENCE PLAN 1441, BLOCK 2 DISTRICT LOT 196 PLAN 184. 103 COLUMBIA ST.; 91 & 99 POWELL ST. ALEXANDER RESIDENCE 6 313 ALEXANDER ST. PARCEL IDENTIFIER: 015-818-551 LOT 3 BLOCK 39 DISTRICT LOT 196 PLAN 196 KENWORTH ROOMS Page 183 of 751 Page 184 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 7 362 ALEXANDER ST. PARCEL IDENTIFIER: 015-605-540 LOT 19 BLOCK 40 DISTRICT LOT 196 PLAN 196 SEAVIEW APARTMENTS 8 500 & 502 ALEXANDER ST. PARCEL IDENTIFIER: 015-602-923 LOT 1 BLOCK 42 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-602-931 LOT 2 BLOCK 42 DISTRICT LOT 196 PLAN 196 120 JACKSON AVE. INTERNATIONA L INN 9 504 ALEXANDER ST. PARCEL IDENTIFIER: 015-602-966 LOT 3 BLOCK 42 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-602-991 THE WEST 15 FEET OF LOT 4 BLOCK 42 DISTRICT LOT 196 PLAN 196 DECKER RESIDENCE 10 514 ALEXANDER ST. PARCEL IDENTIFIER: 015-603-130 LOT 8 BLOCK 42 DISTRICT LOT 196 PLAN 196 PHOENIX APARTMENTS 11 610 ALEXANDER ST. PARCEL IDENTIFIER: 015-598-136 LOT 2 BLOCK 43 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-598-144 LOT 3 BLOCK 43 DISTRICT LOT 196 PLAN 196 612 ALEXANDER ST. LAUREL APARTMENTS 12 658 ALEXANDER ST. PARCEL IDENTIFIER: 015-598-501 LOT 12 BLOCK 43 DISTRICT LOT 196 PLAN 196 STAR BEACH HAVEN 13 666 ALEXANDER ST. PARCEL IDENTIFIER: 015-598-560 LOT 14 BLOCK 43 DISTRICT LOT 196 PLAN 196 OCEAN ROOMS 14 58 ALEXANDER ST. PARCEL IDENTIFIER: 015-705-439 LOT 8 BLOCK 2 DISTRICT LOT 196 PLAN 184 59 POWELL ST. ALEXANDER RESIDENCE Page 184 of 751 Page 185 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 15 310 ALEXANDER ST. PARCEL IDENTIFIER: 015-605-396 LOT 3 BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER:015-605-400 LOT 4 BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENT IF IER: 015 -605 -418 AMENDED LOT 5 (EXPLANATORY PLAN 3239) BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-605-426 AMENDED LOT 6 (EXPLANATORY PLAN 3239) BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-605-434 AMENDED LOT 7 (EXPLANATORY PLAN 3239) BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-605-451 LOT 8 BLOCK 40 DISTRICT LOT 196 PLAN 196 320 ALEXANDER ST. VETERANS MEMORIAL MANOR 16 36 BLOOD ALLEY SQUARE PARCEL IDENTIFIER: 015-713-318 LOT 11, EXCEPT PORTIONS IN REFERENCE PLAN 1457 AND 11078 BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168; PARCEL IDENTIFIER: 015-713-326 LOT 12, EXCEPT PART IN REFERENCE PLAN 11078, BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168 PARCEL IDENTIFIER: 015- 713-334 LOT 13, EXCEPT PART IN REFERENCE PLAN 11078, BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168 ; PARCEL IDENTIFIER: 015-713-342 LOT 14, EXCEPT (A) THE EAST 26 FEET AND (B) PART IN REFERENCE PLAN 11078, BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168 30, 40, 44, 52 & 60 BLOOD ALLEY SQUARE; 23, 25, 33, 41, 45, 47, 49 & 51 W CORDOVA ST. STANLEY/NEW FOUNTAIN Page 185 of 751 Page 186 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 17 313 CAMBIE ST. PARCEL IDENTIFIER: 004-253-183 LOT A OF LOTS 10 AND 11 BLOCK 11 DISTRICT LOT 541 PLAN 218; PARCEL IDENTIFIER: 004-253-248 AMENDED LOT B (SEE175514L) OF LOTS 10 AND 11 BLOCK 11 DISTRICT LOT 541 PLAN 218 315, 317,319, 321, 323 & 325 CAMBIE ST. DANNY'S INN/ROOMS 18 322 CAMBIE ST. PARCEL IDENTIFIER: 011-747-684 THE SOUTH 25 FEET OF THE WEST 55 FEET OF LOT 8 BLOCK 4 OLD GRANVILLE TOWNSITE PLAN 168 324 CAMBIE ST. MEVILLE ROOMS 19 340 CAMBIE ST. PARCEL IDENTIFIER: 015-712-931 LOT D (REFERENCE PLAN 1645) OF LOTS 9 AND 10 BLOCK 4 OLD GRANVILLE TOWNSITE PLAN 168 GASTOWN HOSTEL 20 425 CAMPBELL AVE. PARCEL IDENTIFIER: 004-766-105 LOT C (REFERENCE PLAN 342) OF LOTS 21 AND 22 BLOCK 66 DISTRICT LOT 181 PLAN 196 427 & 429 CAMPBELL AVE. ST. ELMO HOTEL/ROOMS 21 204 CARRALL ST. PARCEL IDENTIFIER: 014-292-491 THE SOUTH 42 FEET OF LOT 27 BLOCK 7 DISTRICT LOT 196 PLAN 184 202 & 206 CARRALL ST. GLORY HOTEL 22 309 CARRALL ST. PARCEL IDENTIFIER: 007-665-610 THE EAST PART OF LOT 1 (REFERENCE PLAN 132) BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 168 307, 313 & 315 CARRALL ST.; 2 & 6 W CORDOVA ST. RAINIER HOTEL 23 412 CARRALL ST. PARCEL IDENTIFIER: 003-545-725 LOT 1 BLOCK 13 DISTRICT LOT 196 PLAN 184 PENNSYLVANI A HOTEL 24 488 CARRALL ST. PARCEL IDENTIFIER: 010-870-679 LOT A BLOCK 13 DISTRICT LOT 196 PLAN 6567 WEST HOTEL Page 186 of 751 Page 187 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 25 303 COLUMBIA ST. PARCEL IDENTIFIER: 015-691-241 LOT 16 BLOCK 8 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-691-276 LOT 17 BLOCK 8 DISTRICT LOT 196 PLAN 184 321 COLUMBIA ST. NEW COLUMBIA HOTEL 26 351 COLUMBIA ST. PARCEL IDENTIFIER: 005-320- 861, Lot 18 and Parcel Identifier: 014-950-219, Lot 19 and Parcel Identifier: 014-950-481, Lot 20, all of Block 8 District Lot 196 Plan 184 369 & 375 COLUMBIA ST. EVERGREEN ROOMS 27 412 COLUMBIA ST. PARCEL IDENTIFIER: 015-670-775 LOT A (REFERENCE PLAN 213) OF 27 BLOCK 12 DISTRICT LOT 196 PLAN 184. 100 E HASTINGS ST.; 410 COLUMBIA ST. COSY CORNER INN 28 414 COLUMBIA ST. PARCEL IDENTIFIER: 005-242-991 THE SOUTH 50 FEET OF LOT 27 BLOCK 12 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER:005-242-983 LOT 28 BLOCK 12 DISTRICT LOT 196 PLAN 184 416 & 420 COLUMBIA ST.; 106 E HASTINGS ST. YIN PING BENEVOLENT SOC. 29 42 E CORDOVA ST. PARCEL IDENTIFIER: 015-691-144 LOT 9 BLOCK 8 DISTRICT LOT 196 PLAN 184 CENTRAL RESIDENCE 30 50 E CORDOVA ST. PARCEL IDENTIFIER: 012-633-861 LOT 11 BLOCK 8 DISTRICT LOT 196 PLAN 184 52 E CORDOVA ST. WONDER ROOMS 31 54 E CORDOVA ST. PARCEL IDENTIFIER: 015-691-217 LOT 12 BLOCK 8 DISTRICT LOT 196 PLAN 184 56 E CORDOVA ST. CORDOVA'S RESIDENCE 32 100 E CORDOVA ST. PARCEL IDENTIFIER: 024-756-989 PARCEL B BLOCK 9 DISTRICT LOT 196 GROUP 1 NEW WESTMINSTER DISTRICT PLAN LMP45079 302 COLUMBIA ST. BRIDGE HOUSING 33 139 E CORDOVA ST. PARCEL IDENTIFIER: 004-410-785 LOT 15 BLOCK 6 DISTRICT LOT 196 PLAN 184 UNITED ROOMS Page 187 of 751 Page 188 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 34 512 E CORDOVA ST. PARCEL IDENTIFIER: 015-584-216 LOT 3 BLOCK 58 DISTRICT LOT 196 PLAN 196 SMILEY'S ROOMS 35 9 W CORDOVA ST. PARCEL IDENTIFIER: 009-354-492 LOT B BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 10753 1 W CORDOVA ST. BOULDER ROOMS 36 50 W CORDOVA ST. PARCEL IDENTIFIER: 015-713-067 LOT 5 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 168 HILDON HOTEL 37 57 W CORDOVA ST. PARCEL IDENTIFIER: 004-776-151 PARCEL A (REFERENCE PLAN 1457) OF LOT 11 BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168 TRAVELLER'S HOTEL 38 368 E CORDOVA ST. PARCEL IDENTIFIER: 007-630-671 LOT A BLOCK 56 DISTRICT LOT 196 PLAN 15730 CORDOVA HOUSE 39 420 E CORDOVA ST. PARCEL IDENTIFIER: 007-209-223 LOT B BLOCK 57 DISTRICT LOT 196 PLAN 18161 412 E CORDOVA ST. HUGH BIRD RESIDENCE 40 450 E CORDOVA ST. PARCEL IDENTIFIER: 007-756-836 LOT A BLOCK 57 DISTRICT LOT 196 PLAN 14669 OPPENHEIMER LODGE 41 535 E CORDOVA ST. PARCEL IDENTIFIER: 007-584-466 LOT A BLOCK 53 DISTRICT LOT 196 PLAN 16055 ANTOINETTE LODGE 42 604 E CORDOVA ST. PARCEL IDENTIFIER: 023-179-732 PARCEL A DISTRICT LOT 196 GROUP 1 NEW WESTMINSTER DISTRICT PLAN LMP24681 616 E CORDOVA ST. UNION GOSPEL MISSION Page 188 of 751 Page 189 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 43 124 DUNLEVY AVE. PARCEL IDENTIFIER: 015-589-277 LOT 1 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-589-285 LOT 2 BLOCK 41 DISTRICT LOT 196 RODDAN LODGE PLAN 196; PARCEL IDENTIFIER: 015-589-293 LOT 3 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-589-307 LOT 4 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-589-315 LOT 5 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-589-331 LOT 6 BLOCK 41 DISTRICT LOT 196 PLAN 196 44 143 DUNLEVY AVE. PARCEL IDENTIFIER: 011-948-302 LOT 22 BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 011-948-311 LOT 23 BLOCK 40 DISTRICT LOT 196 PLAN 196 131,135 & 139 DUNLEVY AVE.; 395, 397 & 399 POWELL ST. NEW WINGS HOTEL 45 500 DUNSMUIR ST. PARCEL IDENTIFIER: 015-471-594 LOT 37 BLOCK 44 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 015-471-608 LOT 38 BLOCK 44 DISTRICT LOT 541 DUNSMUIR HOUSE PLAN 210 ; PARCEL IDENTIFIER: 015-471-616 LOT 39 BLOCK 44 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 015-471-624 LOT 40 BLOCK 44 DISTRICT LOT 541 PLAN 210 46 208 E GEORGIA ST. PARCEL IDENTIFIER: 015-644-278 LOT 1 BLOCK 20 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-644-286 LOT 2 BLOCK 20 DISTRICT LOT 196 PLAN 184 212 E GEORGIA ST; 700 MAIN ST. PACIFIC HOTEL Page 189 of 751 Page 190 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 47 221 E GEORGIA ST. PARCEL IDENTIFIER: 015-662-128 LOT 12 BLOCK 17 DISTRICT LOT 196 PLAN 184 48 291 E GEORGIA ST. PARCEL IDENTIFIER: 015-258-904 LOT D OF LOTS 25 AND 26 BLOCK 17 DISTRICT LOT 196 PLAN 500 293 E GEORGIA ST. ARNO ROOMS 49 527 E GEORGIA ST. PARCEL IDENTIFIER: 015-145-638 LOT 26 BLOCK 85 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-145-654 LOT 27 BLOCK 85 DISTRICT LOT 196 PLAN 196 531 & 533 E GEORGIA ST. CATHAY LODGE 50 628 E GEORGIA ST. PARCEL IDENTIFIER: 003-492-745 LOT 6 BLOCK 91 DISTRICT LOT 196 PLAN 196 630 E GEORGIA ST. 51 634 E GEORGIA ST. PARCEL IDENTIFIER: 011-697-482 LOT 7 BLOCK 91 DISTRICT LOT 196 PLAN 196 GEORGIA ROOMS 52 1218 E GEORGIA ST. PARCEL IDENTIFIER: 014-596-601 THE EAST 1/2 OF LOT 2, EXCEPT THE SOUTH 10 FEET NOW LANE, OF LOT 19 BLOCK A DISTRICT LOT 182 PLAN 176 53 876 GRANVILLE ST. PARCEL IDENTIFIER: 025-444-638 LOT B BLOCK 63 DISTRICT LOT 541 GROUP 1 NEW WESTMINSTER DISTRICT PLAN BCP277 872 & 874 GRANVILLE ST. STATE HOTEL 54 936 GRANVILLE ST. PARCEL IDENTIFIER: 013-152-637 LOT 8 BLOCK 73 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER:013-152-645 LOT 9 BLOCK 73 DISTRICT LOT 541 PLAN 210 932 GRANVILLE ST. SIESTA ROOMS Page 190 of 751 Page 191 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 55 1044 GRANVILLE ST. PARCEL IDENTIFIER: 015-486-559 LOT 8 BLOCK 83 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 015-486-567 LOT 9 BLOCK 83 DISTRICT LOT 541 PLAN 210 1046 & 1048 GRANVILLE ST. REGAL HOTEL 56 1060 GRANVILLE ST. PARCEL IDENTIFIER: 015-486-656 LOT 12 BLOCK 83 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER:015-486-672 LOT 13 BLOCK 83 DISTRICT LOT 541 PLAN 210 1062 GRANVILLE ST. VOGUE HOTEL 57 1125 GRANVILLE ST. PARCEL IDENTIFIER: 003-533-476 LOT 33 BLOCK 92 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER:003-533-484 LOT 34 BLOCK 92 DISTRICT LOT 541 PLAN 210 1127 GRANVILLE ST. HOTEL CLIFTON 58 1161 GRANVILLE ST. PARCEL IDENTIFIER: 012-594-229 LOT 26 BLOCK 92 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 012-594-237 LOT 27 BLOCK 92 DISTRICT LOT 541 PLAN 210 1163 GRANVILLE ST. ST. HELEN'S HOTEL 59 1261 GRANVILLE ST. PARCEL IDENTIFIER: 015-476-120 LOT 26 BLOCK 102 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 015-476-197 LOT 27 BLOCK 102 DISTRICT LOT 541 PLAN 210 1259 & 1263 GRANVILLE ST. GRANVILLE HOTEL 60 1300 GRANVILLE ST. PARCEL IDENTIFIER: 009-533-419 LOT 1 BLOCK 113 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 009-533-427 LOT 2 BLOCK 113 DISTRICT LOT 541 PLAN 210 YALE HOTEL 61 553 HAMILTON ST. PARCEL IDENTIFIER: 015-488-098 LOT 18 BLOCK 36 DISTRICT LOT 541 PLAN 210 555 HAMILTON ST. DEL MAR HOTEL Page 191 of 751 Page 192 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 62 25 E HASTINGS ST. PARCEL IDENTIFIER: 015-691-331 LOT 29 BLOCK 8 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER:015-691-357 LOT 30 BLOCK 8 DISTRICT LOT 196 PLAN 184 NEW DODSON HOTEL 63 41 E HASTINGS ST. PARCEL IDENTIFIER: 015-691-284 LOT 25 BLOCK 8 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-691-292 LOT 26 BLOCK 8 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-691-314 LOT 27 BLOCK 8 DISTRICT LOT 196 PLAN 184 39 & 49 E HASTINGS ST. UNIVERSAL ROOMS 64 52 E HASTINGS ST. PARCEL IDENTIFIER: 023-332-891 LOT F DISTRICT LOT 196 GROUP 1 NEW WESTMINSTER DISTRICT PLAN LMP27049; PARCEL IDENTIFIER: 015-669-467 LOT 12 BLOCK 13 DISTRICT LOT 196 PL 184 56, 58 & 60 E HASTINGS ST. SHALDON HOTEL 65 101 E HASTINGS ST. PARCEL IDENTIFIER: 007-252-897 LOT 25 BLOCK 9 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 007-252-927 LOT 26 BLOCK 9 DISTRICT LOT 196 PLAN 184 360 COLUMBIA ST. SUNRISE HOTEL 66 103 E HASTINGS ST. PARCEL IDENTIFIER: 010-184-414 AMENDED LOT 24 (SEE 67956K) BLOCK 9 DISTRICT LOT 196 PLAN 184 105 E HASTINGS ST. HASTINGS ROOMS 67 122 E HASTINGS ST. PARCEL IDENTIFIER: 004-440-765 LOT 31 BLOCK 12 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 004-440-773 LOT 32 BLOCK 12 DISTRICT LOT 196 PLAN 184 BRANDIZ HOTEL Page 192 of 751 Page 193 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 68 137 E HASTINGS ST. PARCEL IDENTIFIER: 015-686- 647 LOT 18 BLOCK 9 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-686-078 LOT 19 BLOCK 9 DISTRICT LOT 196 PLAN 184 139 E HASTINGS ST. WEST INN 69 159 E HASTINGS ST. PARCEL IDENTIFIER: 015-686-531 THE WEST 0.5 FEET OF LOT 13 BLOCK 9 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-685-926 LOT 14 BLOCK 9 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-685-951 LOT 15 BLOCK 9 DISTRICT LOT 196 PLAN 184 BALMORAL HOTEL 70 160 E HASTINGS ST. PARCEL IDENTIFIER: 013-263-072 LOT 39 BLOCK 12 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 013-263-111 LOT 40 BLOCK 12 DISTRICT LOT 196 PLAN 184 REGENT HOTEL 71 166 E HASTINGS ST. PARCEL IDENTIFIER: 004-568-273 LOT 42 BLOCK 12 DISTRICT LOT 196 PLAN 184 ROOSEVELT HOTEL 72 177 E HASTINGS ST. PARCEL IDENTIFIER: 015-685-730 LOT 11 BLOCK 9 DISTRICT LOT 196 PLAN 184 179 E HASTINGS ST. WASHINGTON HOTEL 73 235 E HASTINGS ST. PARCEL IDENTIFIER: 015-684-091 LOT 11 BLOCK 10 DISTRICT LOT 196 PLAN 184 EMPRESS HOTEL 74 237 E HASTINGS ST. PARCEL IDENTIFIER: 014-892-553 LOT 12 BLOCK 10 DISTRICT LOT 196 PLAN 184 PHOENIX HOTEL 75 239 E HASTINGS ST. PARCEL IDENTIFIER: 015-684-105 LOT 13 BLOCK 10 DISTRICT LOT 196 PLAN 184 241 E HASTINGS ST. BELMONT HOTEL/ROOMS 76 242 E HASTINGS ST. PARCEL IDENTIFIER: 011-692-103 LOT 32 BLOCK 11 DISTRICT LOT 196 PLAN 184 244 E HASTINGS ST. MT EVEREST ROOMS Page 193 of 751 Page 194 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 77 249 E HASTINGS ST. PARCEL IDENTIFIER: 015-684-121 LOT 15 BLOCK 10 DISTRICT LOT 196 PLAN 184 251 E HASTINGS ST. AFTON HOTEL ROOMS 78 258 E HASTINGS ST. PARCEL IDENTIFIER: 015-679-926 LOT 29 BLOCK 11 DISTRICT LOT 196 PLAN 184 260 E HASTINGS ST. SAVOY HOTEL 79 261 E HASTINGS ST. PARCEL IDENTIFIER: 002-860-210 LOT 18 BLOCK 10 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 002-860-368 LOT 19 BLOCK 10 DISTRICT LOT 196 PLAN 184 263 & 265 E HASTINGS ST. WALTON HOTEL 80 341 E HASTINGS ST. PARCEL IDENTIFIER: 015-584-771 LOT 28 BLOCK 56 DISTRICT LOT 196 PLAN 196 343 E HASTINGS ST. SUNWEST HOTEL 81 344 E HASTINGS ST. PARCEL IDENTIFIER: 015-577-015 LOT 9 BLOCK 71 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-577-023 LOT 10 BLOCK 71 DISTRICT LOT 196 PLAN 196 342 & 346 E HASTINGS ST. HAZELWOOD HOTEL 82 367 E HASTINGS ST. PARCEL IDENTIFIER: 011-177-225 LOT 23 BLOCK 56 DISTRICT LOT 196 PLAN 196 369 E HASTINGS ST. HOLBORN HOTEL 83 389 E HASTINGS ST. PARCEL IDENTIFIER: 015-584-721 LOT 19 BLOCK 56 DISTRICT LOT 196 PLAN 196 84 403 E HASTINGS ST. PARCEL IDENTIFIER: 012-175-030 LOT 30 BLOCK 57 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 012-175-048 LOT 31 BLOCK 57 DISTRICT LOT 196 PATRICIA HOTEL PLAN 196; PARCEL IDENTIFIER: 012-175-056 LOT 32 BLOCK 57 DISTRICT LOT 196 PLAN 196 85 456 E HASTINGS ST. PARCEL IDENTIFIER: 015-578-054 LOT 11 BLOCK 70 DISTRICT LOT 196 PLAN 196 ORWELL HOTEL Page 194 of 751 Page 195 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 86 561 E HASTINGS ST. PARCEL IDENTIFIER: 015-584-267 LOT 20 BLOCK 58 DISTRICT LOT 196 PLAN 196 563 E HASTINGS ST. PATRICK ANTHONY RESIDENCE 87 375 PRINCESS AVE. PARCEL IDENTIFIER: 015-584-232 LOT 17 BLOCK 58 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-584-241 LOT 18 BLOCK 58 DISTRICT LOT 196 PLAN 196 573 & 577 E HASTINGS ST.; 335 PRINCESS AVE. CARL ROOMS 88 635 E HASTINGS ST. PARCEL IDENTIFIER: 007-955-014 LOT 26 BLOCK 59 DISTRICT LOT 196 PLAN 196 637 E HASTINGS ST. SHAMROCK HOTEL 89 769 E HASTINGS ST. PARCEL IDENTIFIER: 012-331-791 LOT 26 BLOCK 60 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 012-331-813 LOT 27 BLOCK 60 DISTRICT LOT 181 PLAN 196 ASTORIA HOTEL 90 786 E HASTINGS ST. PARCEL IDENTIFIER: 014-230-810 LOT 17 BLOCK 67 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 014-230-844 LOT 18 BLOCK 67 DISTRICT LOT 181 PLAN 196 782 & 784 E HASTINGS ST. WOODBINE HOTEL 91 872 E HASTINGS ST. PARCEL IDENTIFIER: 015-577-937 LOT 15 BLOCK 66 DISTRICT LOT 181 PLAN 196 92 1168 E HASTINGS ST. PARCEL IDENTIFIER: 007-763-301 LOT 14 BLOCK 14 OF BLOCK A DISTRICT LOT 182 PLAN 355 VERNON APARTMENTS 93 1190 E HASTINGS ST. PARCEL IDENTIFIER: 009-103-732 LOT 17 BLOCK 14 OF BLOCK A DISTRICT LOT 182 PLAN 355 1192 E HASTINGS ST.; 403, 405 & 407 VERNON DR. ST. CLAIR NO. 2 94 5 W HASTINGS ST. PARCEL IDENTIFIER: 014-235-234 THE EAST 26 FEET OF LOT 16 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 168 CANADIAN NORTH STAR Page 195 of 751 Page 196 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 95 7 W HASTINGS ST. PARCEL IDENTIFIER: 015-713-164 LOT 16, EXCEPT THE EAST 26 FEET, BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 168 9 & 11 W HASTINGS ST. BEACON HOTEL 96 18 W HASTINGS ST. PARCEL IDENTIFIER: 015-650-944 LOT 15, EXCEPT PART IN REFERENCE PLAN 895A, BLOCK 29 DISTRICT LOT 541 PLAN 210 16 W HASTINGS ST. BURNS BLOCK 97 20 W HASTINGS ST. PARCEL IDENTIFIER: 023-051-442 LOT K BLOCK 29 DISTRICT LOT 541 GROUP 1 NEW WESTMINSTER DISTRICT PLAN LMP22692 30 W HASTINGS ST. NEW PORTLAND HOTEL 98 29 W HASTINGS ST. PARCEL IDENTIFIER: 011-882- 093 LOT C OF LOTS 13, 14 AND 15 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 1193 31 W HASTINGS ST. COSMOPOLITA N HOTEL 99 33 W HASTINGS ST. PARCEL IDENTIFIER: 011-698-641 LOT B OF LOTS 13 TO 15 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 1193 CHELSEA INN 100 35 W HASTINGS ST. PARCEL IDENTIFIER: 014-879- 697 LOT A OF LOTS 13 TO 15 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 1193 37 W HASTINGS ST. PALACE HOTEL 101 74 W HASTINGS ST. PARCEL IDENTIFIER: 015-499- 871 LOT 3, EXCEPT THE WEST 10 FEET, BLOCK 29 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 015-499-855 LOT 4 BLOCK 29 DISTRICT LOT 541 PLAN 210 78 W HASTINGS ST. GRAND UNION HOTEL 102 106 W HASTINGS ST. PARCEL IDENTIFIER: 003-414- 825 THE EAST 24.5 FEET OF LOT 20 BLOCK 28 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 003-413-209 LOT 21 BLOCK 28 DISTRICT LOT 541 PLAN 210 100, 102 & 104 W HASTINGS ST.; 415, 419, 421, 423 & 435 ABBOTT ST. ARGYLE HOTEL/ARGYL E HOUSE Page 196 of 751 Page 197 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 103 116 W HASTINGS ST. PARCEL IDENTIFIER: 009-180- 061 LOT 16 BLOCK 28 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFICATION: 009-180-079 LOT 17 BLOCK 28 DISTRICT LOT 541 PLAN 210 118 & 120 W HASTINGS ST. GOLDEN CROWN HOTEL 104 404 HAWKS ST. PARCEL IDENTIFIER: 015-577- 686 THE NORTH 1/2 OF LOT 1 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 015-577-783 THE NORTH 1/2 OF LOT 2 BLOCK 66 DISTRICT LOT 181 PLAN 196 800 & 802 E HASTINGS ST. RICE BLOCK 105 420 HAWKS ST. PARCEL IDENTIFIER: 015-577- 791 THE SOUTH 1/2 OF LOT 1 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 015-577-813 THE SOUTH 1/2 OF LOT 2 BLOCK 66 DISTRICT LOT 181 PLAN 196 106 209 HEATLEY ST. PARCEL IDENTIFIER:015-587-142 LOT 15 BLOCK 52 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER:015-587-169 LOT 16 BLOCK 52 DISTRICT LOT 196 PLAN 196 686 POWELL ST. HARBOURFRON T HOSTEL 107 407 & 417 HEATLEY AVE. ; 684 E HASTINGS ST. PARCEL IDENTIFIER: 015-576- 493 LOT 14 BLOCK 68 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER:015-576-507 LOT 15 BLOCK 68 DISTRICT LOT 196 688, 692, 694 & 696 E HASTINGS ST.; 409 & 419 HEATLEY AVE. HEATLEY APARTMENTS PLAN 196; PARCEL IDENTIFIER: 015-576-515 LOT 16 BLOCK 68 DISTRICT LOT 196 PLAN 196 108 1119 HORNBY ST. PARCEL IDENTIFIER: 008-192- 235 LOT 34 BLOCK 90 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 008-192-243 LOT 35 BLOCK 90 DISTRICT LOT 541 PLAN 210 1117 HORNBY ST. MURRAY HOTEL Page 197 of 751 Page 198 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 109 306 JACKSON AVE. PARCEL IDENTIFIER: 006-584- 969 LOT C BLOCK 58 DISTRICT LOT 196 PLAN 20525 322 JACKSON AVE.; 500 & 508 E CORDOVA ST. B.C. ROOMS/JACKS ON ROOMS 110 218 KEEFER ST. PARCEL IDENTIFIER: 006-034- 195 LOT 41 BLOCK 17 DISTRICT LOT 196 PLAN 184 222 KEEFER ST. KEEFER ROOMS 111 240 KEEFER ST. PARCEL IDENTIFIER: 006-915- 566 LOT 38 BLOCK 17 DISTRICT LOT 196 PLAN 184 LUNG JEN BENEVOLENT 112 542 KEEFER ST. PARCEL IDENTIFIER: 015-565- 360 LOT 9 BLOCK 85 DISTRICT LOT 196 PLAN 196 113 558 KEEFER ST. PARCEL IDENTIFIER: 015-565- 459 LOT 12 BLOCK 85 DISTRICT LOT 196 PLAN 196 560 KEEFER ST. KEEFER LODGE 114 727 KEEFER ST. PARCEL IDENTIFIER: 015-576- 337 LOT 35 BLOCK 76 DISTRICT LOT 181 PLAN 196 115 812 KEEFER ST. PARCEL IDENTIFIER: 004-262- 794 LOT 3 BLOCK 82 DISTRICT LOT 181 PLAN 196 116 117 MAIN ST. PARCEL IDENTIFIER: 004-207- 882 LOT 4 BLOCK 3 DISTRICT LOT 196 PLAN 184 119 MAIN ST. MAIN HOTEL/ROOMS 117 205 MAIN ST. PARCEL IDENTIFIER: 008-547- 009 LOT 1 BLOCK 6 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 008-547-017 LOT 2 BLOCK 6 DISTRICT LOT 196 PLAN 184 203 MAIN ST. NO. 5 ORANGE 118 235 MAIN ST. PARCEL IDENTIFIER: 015-697- 266 LOT 7 BLOCK 6 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 006-934-161 LOT 8 BLOCK 6 DISTRICT LOT 196 PLAN 184 233, 237 & 239 MAIN ST. JUBILEE ROOMS 119 172 E. CORDOVA ST. PARCEL IDENTIFIER: 002-442- 442 LOT 1 BLOCK 9 DISTRICT LOT 196 PLAN 184 305 MAIN ST.; E CORDOVA ST. JAY ROOMS Page 198 of 751 Page 199 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 120 307 MAIN ST. PARCEL IDENTIFIER: 015-685- 390 LOT 2 BLOCK 9 DISTRICT LOT 196 PLAN 184 309 & 311 MAIN ST. VET'S ROOMS 121 507 MAIN ST. PARCEL IDENTIFIER: 015-666- 425 LOT 3 BLOCK 15 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-666-778 THE SOUTH 1 FOOT OF LOT 2 (REFERENCE PLAN 761) BLOCK 15 DISTRICT LOT 196 PLAN 184 509 MAIN ST. PACIFIC ROOMS 122 796 MAIN ST. PARCEL IDENTIFIER: 015-644- 316 LOT 10 BLOCK 20 DISTRICT LOT 196 PLAN 184 CREEKSIDE STUDENTS RESIDENCES 123 917 MAIN ST. PARCEL IDENTIFIER: 015-642-623 LOT 2 BLOCK 23 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-642-631 LOT 3 BLOCK 23 DISTRICT LOT 196 915 MAIN ST. COBALT HOTEL PLAN 184; PARCEL IDENTIFIER: 015-642-640 LOT 4 BLOCK 23 DISTRICT LOT 196 PLAN 184 124 928 MAIN ST. PARCEL IDENTIFIER: 014-568-845 LOT 6 BLOCK 24 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 014-568-853 LOT 7 BLOCK 24 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 014-568-888 THE NORTH 1.5 FEET OF THE EAST 49.42 FEET OF LOT 8 (REFERENCE PLAN 516A) BLOCK 24 DISTRICT LOT 196 PLAN 184 930 MAIN ST. OLD AMERICAN HOTEL 125 956 MAIN ST. PARCEL IDENTIFIER: 004-284- 968 LOT 12 BLOCK 24 DISTRICT LOT 196 PLAN 184 958 MAIN ST. THORTON PARK HOTEL 126 1012 MAIN ST. PARCEL IDENTIFIER: 015-642- 488 LOT 18 BLOCK 24 DISTRICT LOT 196 PLAN 184 1014 MAIN ST. STATION HOTEL Page 199 of 751 Page 200 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 127 1038 MAIN ST. PARCEL IDENTIFIER: 007-603- 916 LOT 22 BLOCK 24 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 007-603-932 LOT 23 BLOCK 24 DISTRICT LOT 196 IVANHOE HOTEL PLAN 184; PARCEL IDENTIFIER: 007-603-967 LOT 24 BLOCK 24 DISTRICT LOT 196 PLAN 184 128 100 E PENDER ST. PARCEL IDENTIFIER: 015-666- 603 LOT 24 BLOCK 15 DISTRICT LOT 196 PLAN 184 102 E PENDER ST. NEW SUN AH HOTEL 129 110 E PENDER ST. PARCEL IDENTIFIER: 015-666- 611 LOT 26 BLOCK 15 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-666-808 LOT 27 EXCEPT PART IN REFERENCE PLAN 450, BLOCK 15 DISTRICT LOT 196 PLAN 184 112 & 116 E PENDER ST. Chinese Freemasons 130 137 E PENDER ST. PARCEL IDENTIFIER: 015-670-554 LOT 15 BLOCK 12 DISTRICT LOT 196 PLAN 184 139 E PENDER ST. ASIA HOTEL 131 228 E PENDER ST. PARCEL IDENTIFIER: 015-664-171 LOT 37 BLOCK 16 DISTRICT LOT 196 PLAN 184 230 E PENDER ST. 132 258 E PENDER ST. PARCEL IDENTIFIER: 015-664-023 LOT 30 BLOCK 16 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-664-040 LOT 31 BLOCK 16 DISTRICT LOT 196 254, 256, 260,& 262 E PENDER ST. MAY WAH HOTEL PLAN 184 ; PARCEL IDENTIFIER: 015-664-066 LOT 32 BLOCK 16 DISTRICT LOT 196 PLAN 184 133 300 E PENDER ST. PARCEL IDENTIFIER: 008-706-212 LOT A BLOCK 122 DISTRICT LOT 196 PLAN 13208 CHINA VILLA Page 200 of 751 Page 201 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 134 349 E PENDER ST. PARCEL IDENTIFIER: 006-688-381 LOT 21 BLOCK 71 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 006-688-462 THE EAST 1/2 OF LOT 22 BLOCK 71 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 014-685-396 THE WEST 1/2 OF LOT 22 BLOCK 71 DISTRICT LOT 196 PLAN 196 359 E PENDER ST. 135 431 E PENDER ST. PARCEL IDENTIFIER: 015-578-771 LOT 26 BLOCK 70 DISTRICT LOT 196 PLAN 196 PINE CRANE VILLA 136 575 E PENDER ST. PARCEL IDENTIFIER: 015-677-311 LOT 19 BLOCK 69 DISTRICT LOT 196 PLAN 196 577 E PENDER ST. ARLINGTON ROOMS 137 832 E PENDER ST. PARCEL IDENTIFIER: 015-574-091 LOT 7 BLOCK 77 DISTRICT LOT 181 PLAN 196 836 E PENDER ST. HAM APARTMENTS 138 853 E PENDER ST. PARCEL IDENTIFIER: 015-578-402 LOT 29 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 015-578-411 LOT 30 BLOCK 66 DISTRICT LOT 181 ROSE GARDEN CO-OP PLAN 196; PARCEL IDENTIFIER: 015-578-429 LOT 31 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER:015-578-437 LOT 32 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 015-578-453 LOT 33 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 015-578-461 LOT 34 BLOCK 66 DISTRICT LOT 181 PLAN 196 139 31 W PENDER ST. PARCEL IDENTIFIER: 009-432-736 LOT B (SEE 363856L) OF LOT 31 BLOCK 29 DISTRICT LOT 541 PLAN 210 PENDER HOTEL Page 201 of 751 Page 202 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 140 81 W PENDER ST. PARCEL IDENTIFIER: 006-116-540 LOT 39 BLOCK 29 DISTRICT LOT 541 PLAN 210 83 W PENDER ST. ARCO HOTEL 141 165 W PENDER ST. PARCEL IDENTIFIER: 010-401-113 LOT 34 BLOCK 28 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 010-401-130 LOT 35 BLOCK 28 DISTRICT LOT 541 163 & 167 W PENDER ST., 175 W. PENDER ST. AVALON HOTEL / ROOMS PLAN 210; PARCEL IDENTIFIER: 015-501-922, LOT 36 BLOCK 28 DISTRICT LOT 541 PLAN 210 142 429 W PENDER ST. PARCEL IDENTIFIER: 003-122-620 LOT 16 BLOCK 25 DISTRICT LOT 541 PLAN 210 433 W PENDER ST. PARK HOTEL APARTMENTS 143 620 W PENDER ST. PARCEL IDENTIFIER: 009-123-636 LOT 7 BLOCK 33 DISTRICT LOT 541 PLAN 210 622 W PENDER ST. PENDER PLACE HOTEL 144 43 POWELL ST. PARCEL IDENTIFIER: 006-926-908 LOT B BLOCK 2 DISTRICT LOT 196 PLAN 19896 41,45 & 49 POWELL ST. EUROPE HOTEL 145 55 POWELL ST. PARCEL IDENTIFIER: 015-705-404 LOT 7 BLOCK 2 DISTRICT LOT 196 PLAN 184 GRAND TRUNK ROOMS 146 124 POWELL ST. PARCEL IDENTIFIER: 015-697-452 LOT 33 BLOCK 6 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-697-461 LOT 34 BLOCK 6 DISTRICT LOT 196 PLAN 184 122 POWELL ST. HAMPTON HOTEL 147 134 POWELL ST. PARCEL IDENTIFIER: 004-340-353 LOT 36 BLOCK 6 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 004-340-370 LOT 37 BLOCK 6 DISTRICT LOT 196 PLAN 184 132 & 136 POWELL ST. LUCKY LODGE 148 259 POWELL ST. PARCEL IDENTIFIER: 015-701-476 LOT 17 BLOCK 4 DISTRICT LOT 196 PLAN 184 261 POWELL ST. YORK ROOMS Page 202 of 751 Page 203 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 149 316 POWELL ST. PARCEL IDENTIFIER: 015-601-064 LOT 4 BLOCK 55 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-601-242 LOT 5 BLOCK 55 DISTRICT LOT 196 PLAN 196 318 & 324 POWELL ST. LION HOTEL 150 326 POWELL ST. PARCEL IDENTIFIER: 015-601-919 LOT 6 BLOCK 55 DISTRICT LOT 196 PLAN 196 328 POWELL ST. KING ROOMS 151 346 POWELL ST. PARCEL IDENTIFIER: 015-601-935 LOT 9 BLOCK 55 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-601-943 LOT 10 BLOCK 55 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-601-951 LOT 11 BLOCK 55 DISTRICT LOT 196 PLAN 196 342,344,348 & 350 POWELL ST. CENTENNIAL ROOMS 152 376 POWELL ST. PARCEL IDENTIFIER: 015-602-001 LOT 15 BLOCK 55 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-602-176 LOT 16 BLOCK 55 DISTRICT LOT 196 PLAN 196 374 POWELL ST. SAKURA-SO 153 390 POWELL ST. PARCEL IDENTIFIER: 011-924-764 LOT 18 BLOCK 55 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 011-924-772 LOT 19 BLOCK 55 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 011-924-781 LOT 20 BLOCK 55 DISTRICT LOT 196 PLAN 196 394,396 & 398 POWELL ST.; 211 & 215 DUNLEVY AVE. NEW WORLD HOTEL 154 401 POWELL ST. PARCEL IDENTIFIER: 003-430-707 LOT 31 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER:003-430-693 LOT 32 BLOCK 41 DISTRICT LOT 196 PLAN 196 403 POWELL ST. MARR HOTEL Page 203 of 751 Page 204 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 155 437 POWELL ST. PARCEL IDENTIFIER: 015-589-412 LOT 24 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-589-421 LOT 25 BLOCK 41 DISTRICT LOT 196 PLAN 196 439 & 441 POWELL ST. MING SUNG READING ROOMS 156 556 POWELL ST. PARCEL IDENTIFIER: 015-586-057 LOT 12 BLOCK 53 DISTRICT LOT 196 PLAN 196 558 POWELL ST. POWELL ROOMS 157 566 POWELL ST. PARCEL IDENTIFIER: 008-373-558 LOT 13 BLOCK 53 DISTRICT LOT 196 PLAN 196 PHOENIX APTS 158 568 POWELL ST. PARCEL IDENTIFIER: 010-344-063 LOT 14 BLOCK 53 DISTRICT LOT 196 PLAN 196 HAMPTON ROOMS 159 215 PRINCESS AVE. PARCEL IDENTIFIER: 015-586-073 LOT 15 BLOCK 53 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-586-090 LOT 16 BLOCK 53 DISTRICT LOT 196 PLAN 196 578, 580 & 582 POWELL ST. PRINCESS LODGE 160 230 PRINCESS AVE. PARCEL IDENTIFIER: 015-047-105 LOT D OF LOTS 31 AND 32 BLOCK 52 DISTRICT LOT 196 PLAN 971 HARBOUR ROOMS 161 236 PRINCESS AVE. PARCEL IDENTIFIER: 010-156-518 LOT C OF LOTS 31 AND 32 BLOCK 52 DISTRICT LOT 196 PLAN 971 162 553 PRIOR ST. PARCEL IDENTIFIER: 015-562-174 LOT 22, EXCEPT THE NORTH 6 FEET NOW LANE, BLOCK 102 DISTRICT LOT 196 PLAN 196 HING MEE SOCIETY Page 204 of 751 Page 205 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 164 518 RICHARDS ST. PARCEL IDENTIFIER: 012-520-896 LOT 34, EXCEPT THE SOUTH 0.083 FEET, BLOCK 35 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 012-520-918 LOT 35 BLOCK 35 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 012-520-942 LOT 36 BLOCK 35 DISTRICT LOT 541 PLAN 210 MARBLE ARCH HOTEL 165 1203 SEYMOUR ST. PARCEL IDENTIFIER: 015-344-835 LOT C (SEE 579565L) OF LOTS 37 AND 38 BLOCK 103 DISTRICT LOT 541 PLAN 210 612 DAVIE ST. CANADIAN HOTEL 166 716 SMITHE ST. PARCEL IDENTIFIER: 012-849-235 LOT 37 BLOCK 72 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 012-849-243 LOT 38 BLOCK 72 DISTRICT LOT 541 PLAN 210 901 GRANVILLE ST.; 722 SMITHE ST. GRESHAM 167 320 UNION ST. PARCEL IDENTIFIER: 015-555-216 LOT 4 BLOCK 104 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-555-232 THE WEST 1/2 OF LOT 5 BLOCK 104 DISTRICT LOT 196 PLAN 196 168 406 UNION ST. PARCEL IDENTIFIER: 011-151-811 LOT A OF LOTS 1 AND 2 BLOCK 103 DISTRICT LOT 196 PLAN 775 408 & 410 UNION ST. LOW YOUNG COURT 169 468 UNION ST. PARCEL IDENTIFIER: 013-487-957 LOT 14, EXCEPT THE SOUTH 6 FEET NOW LANE, BLOCK 103 DISTRICT LOT 196 PLAN 196 LUCKY ROOMS 170 102 WATER ST. PARCEL IDENTIFIER: 015-712- 826 LOT 1 BLOCK 5 OLD GRANVILLE TOWNSITE PLAN 168 104 & 108 WATER ST.; 203, 205, 207, 209, 219 & 221 ABBOTT ST. WINTER'S RESIDENCE 171 110 WATER ST. PARCEL IDENTIFIER: 015-712-834 THE EAST 1/2 OF LOT 2 BLOCK 5 OLD GRANVILLE TOWNSITE PLAN 168 GASTOWN HOTEL Page 205 of 751 Page 206 of 751 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 172 122 WATER ST. PARCEL IDENTIFIER: 014-190-656 THE WEST 1/2 OF LOT 2 BLOCK 5 OLD GRANVILLE TOWNSITE PLAN 168 114 WATER ST. COLONIAL RESIDENCE Page 206 of 751 SCHEDULE B SCHEDULE B NOTICE OF SINGLE ROOM ACCOMMODATION DESIGNATION CITY OF VANCOUVER ALL ROOMS OR ROOM NUMBERS: OF THE (Name of the SRA Designated Building) AT (Civic Address of the SRA Designated Building) MUST PROVIDE SINGLE ROOM ACCOMMODATION TO PERMANENT RESIDENTS AS DESIGNATED BY THE SINGLE ROOM ACCOMMODATION BY-LAW N0.8733 ENACTED BY THE CITY OF VANCOUVER ON OCTOBER 21, 2003. In Accordance with Section 2.2 of the Single Room Accommodation By-law, this Notice must be permanently posted in a conspicuous location at the front desk or in the lobby or public entrance of the above building. NO PERSON SHALL REVERSE, ALTER, DEFACE, COVER, REMOVE OR IN ANY WAY TAMPER WITH THIS NOTICE UNLESS AUTHORIZED BY THE MANAGING DIRECTOR OF SOCIAL DEVELOPMENT For more information on City By-laws contact 311 (vancouver.ca) Residential Tenancy Branch 604.660.1020 (rtb.gov bc.ca) Subsidized Housing Registration - 604.648.4270 or visit 297 E. Hastings Emergency Shelter and Social Support Services (bc211.ca) First United Advocacy 604.681.8365 or visit 320 E. Hastings (firstunited.ca) Vancouver Coastal Health 604.736.2033 (vch.ca) Page 207 of 751 SCHEDULE C (LETTERHEAD: NAME AND ADDRESS OF SRA) ROOM REGISTRATION FORM Room No. Occupant's Name: Mr./Mrs./Ms. (Last name) (First Name) (Middle Initial) Date of Birth: / / / M D Y Identification (optional) (e.g.,BCID, Birth Certificate, Driver's license, etc) Date of Arrival or: / / / Date of Departure or: / / Start of Tenancy M D Y End of Tenancy M D Y Emergency Contact Information (Optional) In case of emergency, contact (Name) Relationship: Tel #: Doctor's Name Tel # Signature of Occupant Date: In accordance with Section 5.2 of the Single Room Accommodation By-law, an owner must maintain within the building, for the then current calendar year and the three immediately preceding calendar years, records pertaining to each of the designated rooms including: (a) a room registration form completed for each occupant of each designated room; and (b) guest ledgers; showing the room number, name of each permanent resident, amount of rent, and period of time to which the rent payment applies. For more information contact the City of Vancouver 311 Page 208 of 751 Appendix 3e Los Angeles (Conversion and Demolition) Page 209 of 751 ORDINANCE NO. 179868 An ordinance adding Article 7.1 to Chapter IV of the Los Angeles Municipal Code and amending Sections 91.106.4.1, 151.06, and 151.09, of the Los Angeles Municipal Code to regulate the demolition and conversion of residential hotel units. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Article 7.1 is added to Chapter IV of the Los Angeles Municipal Code to read: ARTICLE 7.1 RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION SEC. 47.70. Title. This article shall be known as the Residential Hotel Unit Conversion and Demolition Ordinance. SEC. 47.71. Purpose. It is the purpose of this ordinance to benefit the general public by minimizing the adverse impact on the housing supply and on displaced low-income, elderly, and disabled persons, which results from the loss of residential hotel units through conversion and demolition. This is to be accomplished by establishing the status of residential hotel units, by regulating the demolition and conversion of these units to other uses, and by establishing appropriate administrative and judicial remedies. SEC. 47.72. Findings. The Los Angeles City Council finds that: A. There is a severe shortage of decent, safe and sanitary rental housing in the City of Los Angeles and this shortage most severely affects elderly, disabled and low-income persons. B. Many elderly, disabled and low-income persons reside in residential hotel units. C. The Los Angeles Housing Department (LAND) currently designates 336 hotels as residential hotels, which contain 18,739 units in the City of Los Angeles. An additional survey of residential hotels billed for annual fees by LAHD in 2006, revealed that 87% of residential hotels did not request exemptions for tourist units. 1 Page 210 of 751 D. As a result of the removal of residential hotel units from the rental housing market, a housing emergency exists within the City of Los Angeles, acutely impacting elderly, disabled and low-income persons. E. Residential hotel units are endangered housing resources and must be protected. F. The Los Angeles City Council recognized the housing emergency caused by the loss of residential hotel units and enacted an ordinance that established a moratorium on the demolition or conversion of residential hotel units to any other use. This Interim Control Ordinance became effective on May 24, 2006. G. The conversion and demolition of residential hotel units affect those persons who are least able to cope with displacement in the City of Los Angeles' housing market. H. It is in the public interest that the conversion and demolition of residential hotel units be regulated. Furthermore, in order to protect the resident tenants and to conserve limited housing resources, remedies must be provided where unlawful conversion or demolition has occurred. SEC. 47.73. Definitions. A. Affordable Housing Project. Affordable Housing Project is a housing development project with a government -imposed regulatory agreement that has been recorded with the Los Angeles County Recorder, or which shall be recorded within six months of the Claim of Exemption filed pursuant to Section 47.76, guaranteeing that all of the residential units will be affordable to either lower income or very low income households for a period of at least 55 years, with at least ten percent of the units affordable to households with income no greater than 30 percent of Area Median Income, and no more than 25 percent of the units affordable only to households with income at 60 percent of Area Median Income. None of the units shall be affordable only to households with income greater than 60 percent of Area Median Income, as these terms are defined by the United States Department of Housing. "Lower income or very low income households" is defined in accordance with California Health and Safety Code Sections 50079.5 and 50105. B. Affordable Housing Trust Fund. Affordable Housing Trust Fund is a fund established by Los Angeles Administrative Code Section 5.522. C. CRA/LA. CRA/LA is the Community Redevelopment Agency of the City of Los Angeles. D. Comparable Unit. Comparable Unit is a unit which is similar in size, services, rental amount and facilities to the residential unit proposed to be converted or demolished. 2 Page 211 of 751 E. Conversion. Conversion is any action that converts any residential unit in a residential hotel through either: (1) a change of use to a commercial, industrial, or other non-residential use; (2) a change to a different residential use; (3) a change from a residential use to a transient guest use or occupancy; or (4) a conversion to a condominium, cooperative, or similar form of ownership. F. Demolition. Demolition is any action that reduces the number of existing guest rooms, light housekeeping rooms, or efficiency units in a residential hotel, either by a complete tearing down of a building or structure so that it no longer exists or by combining two or more units into a single unit. G. Destroyed. Destroyed is an action defined by Section 12.03 of the Los Angeles Municipal Code. H. Disaster. Disaster is an event defined by Section 12.03 of the Los Angeles Municipal Code. I. Efficiency Dwelling Unit. Efficiency Dwelling Unit is defined in Section 12.03 of the Los Angeles Municipal Code. J. GSD. GSD is the Department of General Services. K. Guest Room. A Guest Room is defined in Section 12.03 of the Los Angeles Municipal Code. L. Interested Party. An Interested Party is a tenant of a residential hotel, or his or her authorized representative. Interested party shall also mean any nonprofit organization exempted from federal taxation pursuant to Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, and organized for the purpose of maintaining or creating affordable housing. M. Light Housekeeping Rooms. Light Housekeeping Rooms are those designed and used as a bedroom and for the cooking and preparing of food, in conformance with the provisions of Los Angeles Municipal Code Section 91.8116. N. LADBS. LADBS is the Los Angeles Department of Building and Safety. O. LAHD. LAHD is the Los Angeles Housing Department. P. Member of Appraisal Institute. Member of Appraisal Institute is a trade organization that certifies appraisers who meet the requirements for the MAI designation. Q. Owner. Owner includes any person or legal entity holding any ownership interest in a residential hotel. 3 Page 212 of 751 R. Person. A person is defined in Section 11.01 (a) of the Los Angeles Municipal Code. S. Residential Hotel. A Residential Hotel, as defined in accordance with California Health and Safety Code Section 50519, is any building containing six or more guest rooms or efficiency units, intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by guests, and which is also the primary residence of those guests. The term does not mean any building containing six or more guest rooms or efficiency units, which is primarily used by transient guests who do not occupy that building as their primary residence. T. Residential Unit. A Residential Unit is any guest room, light housekeeping room, efficiency unit, or dwelling unit in a residential hotel that was occupied as a primary residence on October 11, 2005. If a unit was vacant on October 11, 2005, a residential unit shall mean any guest room, light housekeeping room, efficiency unit, or dwelling unit in a residential hotel, which was occupied as a primary residence on the first day that unit was occupied after October 11, 2005. U. Tenant. A Tenant is a person who is entitled to occupy and occupies a residential unit for at least 30 consecutive days. V. Tourist Unit. A Tourist Unit is a unit in a residential hotel that does not meet the criteria of a residential unit. SEC. 47.74. Applicability of this Article. A. This article shall not apply to any Residential Hotel that is an Affordable Housing Project. An Affordable Housing Project that is exempt from the provisions of this article shall lose its exempt status and become subject to the provisions of this article when it ceases to be an Affordable Housing Project. B. This article shall also not apply to any Residential Hotel that: 1. was completely and continuously unoccupied by any tenant from October 11, 2005, through and including the date that the owner applies for a building permit for a Residential Hotel that constitutes a proposed conversion or demolition of the Residential Hotel, or is a new development on the site of a destroyed or demolished Residential Hotel; or 2. pursuant to California Government Code Section 7060, et seq., was first approved for residential occupancy on or after January 1, 1990, as evidenced by a certificate of occupancy issued by LADBS on or after that date; or 4 Page 213 of 751 3. pursuant to California Government Code Section 7060, et seq., sent or delivered to the LAHD before October 11, 2005, a notice of intent to withdraw all of the building's accommodations from rent or lease; or 4. consisted entirely of Residential Units that were rented or offered for rent for periods of no less than 30 days from October 11, 1995, to the effective date of this article. This exemption applies only to Residential Hotels containing 55 or fewer units. SEC. 47.75. Residential Hotel Unit Status Determination. A. This article presumes that 100 percent of the units of any building that is a Residential Hotel are used for residential purposes and constitute Residential Units. B. LAHD shall notify by mail the owner of any hotel that it classifies as a Residential Hotel subject to the provisions of this article. LAHD shall include in its notification a copy of this article, the appeal form referenced in Subsection C of this section, and an Application for Exemption. LAHD shall mail the notice to the owner at the address that appears in the last equalized assessment roll or at the address provided to LAHD through any registration in accordance with Section 151.05. C. An owner of a Residential Hotel who alleges that the hotel contains Tourist Units, or that the hotel is not a Residential Hotel, may file an appeal with LAHD within 60 days of the date that LAHD deposited its notification in the mail pursuant to Subsection B of this section. 1. An owner who chooses to file an appeal shall do so on a form prescribed by LAHD and shall pay an administrative fee in the amount of $605. The fee shall pay for the cost of investigating and processing the appeal. 2. The owner shall submit evidence with the appeal to support the appeal. An owner who claims that the hotel contains Tourist Units shall also identify the specific rooms that the owner claims are Tourist Units. 3. The owner has the burden of proving by a preponderance of the evidence that the claimed units are Tourist Units and not Residential Units, or that the property is not a Residential Hotel. Tenants and other interested parties may submit evidence to LAHD. 4. On the date that the owner files the appeal, the owner shall post a notice on a form prescribed by LAHD and pursuant to the posting requirements of this article. The notice shall state that the owner has appealed the City's Residential Hotel Unit Status Determination. The notice shall identify the rooms that the owner claims as Tourist Units. The notice shall provide the name and contact number of LAHD staff whom tenants and other interested parties can contact to provide additional evidence and information regarding the appeal. 5 Page 214 of 751 LAHD shall also mail a copy of the notice to the occupants of the building. The notice shall remain posted until after LAHD issues a written determination regarding the owner's appeal. 5. LAHD shall issue a determination of the appeal based on the evidence submitted within 90 days of the filing of the appeal. LAHD shall mail a copy of the determination to the owner, the occupants of the units claimed as Tourist Units by the owner, and any interested parties who submitted evidence pursuant to Subdivision 3 of this section. D. An owner or any interested party who presented evidence pursuant to Subdivision 3 of this section may appeal LAHD's determination to a General Manager's Hearing Officer pursuant to the provisions of Section 47.83. The appeal shall be filed at LAHD within 15 calendar days after LAHD mails its determination to the owner. LAHD's determination shall be final if a timely appeal is not filed. SEC. 47.76. Claim of Exemption. A. Applications for Exemption based on Subsection A of Section 47.74, Affordable Housing Projects. Applications for exemption based on Subsection A of Section 47.74 shall be subject to the provisions below of this subsection: 1. Filing of Application for Exemption. An application for exemption based on Subsection A of Section 47.74 may be filed at any time by the owner. The owner shall pay an administrative fee in the amount of $205 when filing the application. The fee shall pay for the cost of processing the application. 2. Owner's Submission of Evidence. The owner shall submit evidence with the appeal to support the claim of exemption. The owner has the burden of proving by a preponderance of the evidence that the Residential Hotel is exempt from the provisions of this article. 3. Determination of Exempt Status. LAHD shall issue a determination of the claim for exemption based on the evidence submitted, and shall mail a copy of the determination to the owner within 90 days of filing the application. 4. Appeal of Denial of Application for Exemption. An owner may appeal the denial of an application for exemption pursuant to the provisions of Subsection C of this section. B. Applications for Exemption based on Subsection B of Section 47.74. Applications for exemptions based on Subsection B of Section 47.74 shall be subject to the provisions below of this subsection: 1. Timing of filing of Application for Exemption. An application for exemption based on Subsection B of Section 47.74 must be filed within 60 days 6 Page 215 of 751 after LARD mails notification pursuant to Subsection B of Section 47.75. Failure to timely file an application for exemption will result in denial of the application, unless LAHD finds that good cause exists for the untimely filing. The owner shall also pay an administrative fee in the amount of $205 when filing the application. The fee shall pay for the cost of investigating and processing the appeal. 2. Posting Notice of Application for Exemption. On the date that the owner files the application for exemption with LAHD, the owner shall post a notice on the premises of the Residential Hotel. The notice shall be on a form prescribed by LAHD. The notice shall provide the name and contact number of the LAHD staff whom tenants and other interested parties can contact to provide additional evidence and information. LAHD shall also mail a copy of the owner's application for exemption to each of the units of the Residential Hotel. The notice shall remain posted until after LAHD issues a written determination regarding the application for exemption. 3. Submission of Evidence. The owner shall submit evidence with the appeal to support the claim of exemption. The owner has the burden of proving by a preponderance of the evidence that the Residential Hotel is exempt from the provisions of this article. Tenants and other interested parties may submit evidence to LAHD. 4. Determination of Exempt Status. LAHD shall review the application for exemption and evidence submitted. LAHD shall issue a determination of the application for exemption within 90 days of the filing of the application. LAHD shall mail a copy of the determination to the owner and to interested parties who submitted evidence pursuant to the provisions of Subdivision 3 of this subsection. 5. Appeal from Determination of Exempt Status. An owner or any interested party who submitted evidence pursuant to Subdivision 3 of this subsection may appeal LAHD's determination of an application for exemption pursuant to the provisions of Subsection C of this section. C. Appeal of Determination of Application for Exemption. An appeal pursuant to the provisions of Subdivision 4 of Subsection A of this section or Subdivision 5 of Subsection B of this section may be made to the General Manager's Hearing Officer pursuant to the provisions of Section 47.83 of this article. The appeal shall be filed at LAHD within 15 calendar days after LAHD mails the determination of the application for exemption. LAHD's determination of an application for exemption shall be final if a timely appeal is not filed. SEC. 47.77. Application for Clearance. The City shall not approve a conversion or demolition of a Residential Hotel, or any new development on the site of a destroyed or demolished Residential Hotel, until 7 Page 216 of 751 LAHD has approved an Application for Clearance filed by the owner pursuant to this section. A. If an owner applies for a building permit for a Residential Hotel that constitutes a proposed conversion or demolition of the Residential Hotel, or is a new development on the site of a destroyed or demolished Residential Hotel, then the following procedures shall apply: 1. LADBS shall inform LARD of the application for a building permit. 2. The owner shall file an Application for Clearance with LAND. Within 90 days after LAHD has deemed the application complete, LAHD shall either deny the application or determine the conditions for approval of the application. 3. LARD shall make one of the following determinations when an owner files a complete Application for Clearance: (a) Deny an Application for Clearance if the applicant has violated the provisions of Subsection A of Section 47.81; (b) Exempt the property from the provisions of this article if the Application for Clearance is for an Affordable Housing Project pursuant to the provisions of Section 47.74; or (c) Determine the conditions for approval of an Application for Clearance pursuant to Section 47.78. 4. LAHD shall mail a copy of LAHD's letter of determination of an Application for Clearance to the owner, the occupants of the Residential Hotel units, and the applicable Council office. 5. The owner and any interested party may appeal the conditions for approval of an Application for Clearance to the General Manager's Hearing Officer pursuant to the provisions of Section 47.83. 6. LARD shall only approve the Application for Clearance if the owner complies with the conditions determined by LAND pursuant to this section or, if the conditions for approval are appealed, as determined pursuant to Section 47.83. B. An owner who files an Application for Clearance with LARD and wants the option to pay a fee pursuant to the provisions of Subdivision 2 of Subsection A of Section 47.78 shall pay an application fee in the amount of $2000 for each application. An owner who files an Application for Clearance with LARD and does not want the option to pay a fee pursuant to the provisions of Subdivision 2 of Subsection A of Section 47.78 shall pay 8 Page 217 of 751 an application fee in the amount of $1108 for each application. The application fee shall pay for the City's cost of administering the application process. C. The Application for Clearance shall contain the following information: 1. The legal and mailing address of the Residential Hotel; 2. The names and addresses of all owners or operators of the Residential Hotel; 3. The names of all tenants in the Residential Hotel; 4. The total number of units in the Residential Hotel and the current uses; 5. The current rental rates for the Residential Units; and 6. The length of tenancy of the tenants affected. SEC. 47.78. Conditions for Approval of an Application for Clearance. A. LAHD shall require an owner to satisfy one of the following conditions for approval of an Application for Clearance: 1. Construct, for each Residential Unit to be converted or demolished, a comparable unit in the City of Los Angeles within a two-mile radius of the units to be converted or demolished. (a) LAHD may authorize the construction of fewer units to replace the Residential Units to be converted or demolished if LAHD determines that the following three conditions are met: (i) The replacement units provide amenities, such as bathrooms and kitchens, not present in the units to be withdrawn; (ii) The needs of the current residents of the Residential Hotel would be served by the better amenities and larger units; and (iii) The reduction in the number of units would not significantly decrease the number of available Residential Units in the City. (b) Where the owner chooses to comply with the conditions for approval of an Application for Clearance pursuant to this subdivision, LAHD shall not approve the Application for Clearance until LADBS issues a certificate of occupancy for units constructed pursuant to this subdivision, except where CRA/LA has approved replacement units within four years of the date of demolition of the Residential Hotel units pursuant to CRA/LA Development Guidelines and Controls for Residential Hotels in the City Center and Central Industrial Redevelopment Project Areas, so long as the guidelines are in full force and effect. 9 Page 218 of 751 2. Pay to the City of Los Angeles a fee in an amount equal to 80 percent of the cost of construction of an equal number of comparable Residential Units plus 100 percent of site acquisition costs. GSD shall determine the fee amount based on an independent MAI certified appraisal reviewed by GSD. The applicant shall pay for the appraisal. The fee payments shall be placed in the Affordable Housing Trust Fund and be used for the Permanent Supportive Housing Program pursuant to Subsection B of this section. The funds deposited in the Affordable Housing Trust Fund for the Permanent Supportive Housing Program pursuant to the provisions of this subdivision may be used to create replacement units. If the units to be converted or demolished are in the City Center or Central Industrial Redevelopment Project Area, the fee will be paid into the Affordable Housing Trust Fund to be used for the Permanent Supportive Housing Program in accordance with the CRA/LA's Guidelines and Controls for Residential Hotels in the City Center and Central Industrial Redevelopment Project Areas, for so long as the guidelines are in full force and effect. 3. Convert Residential Units to units that are either light housekeeping rooms, efficiency dwelling units or dwelling units, and which shall be subject to a regulatory agreement filed with the Los Angeles County Recorder guaranteeing for a period of at least 55 years that at least ten percent of the units shall be affordable to households with income no greater than 30 percent of Area Median Income, at least an additional 40 percent of the units shall be affordable to households with income no greater than 40 percent of Area Median Income, and at least an additional 30 percent of the units shall be affordable to households with income no greater than 50 percent of Area Median Income, as these terms are defined by the United States Department of Housing. The initial rent for the remaining units may be set at any amount. (a) The option provided by this subdivision applies only to Residential Hotels containing more than 250 units. (b) LAHD may authorize the construction of fewer units to replace the Residential Units to be converted pursuant to this subdivision if LAHD determines that the following three conditions are met: (i) The replacement units provide amenities, such as bathrooms and kitchens, not present in the units to be withdrawn; (ii) The needs of the current residents of the Residential Hotel would be served by the better amenities and larger units; and (iii) The reduction in the number of units would not significantly decrease the number of available Residential Units in the City. B. The funds deposited in the Affordable Housing Trust Fund pursuant to the provisions of this article shall be used to provide capital funding for the development of 10 Page 219 of 751 permanent supportive housing projects pursuant to the City's Permanent Supportive Housing Program. At the end of the calendar year after the year in which funds are deposited in the Affordable Housing Trust Fund, any remaining funds that have not been committed through the Permanent Supportive Housing Program shall be available for the development of affordable housing projects funded through the Affordable Housing Trust Fund. Units developed with funds committed under the Affordable Housing Trust Fund pursuant to this subsection shall be restricted to households with incomes no greater than 35% of Area Median Income, as defined by the United States Department of Housing and Urban Development. SEC. 47.79. Rights of Tenants. A. Relocation Assistance. Tenants evicted from Residential Units pursuant to Section 151.09 A 13 of this code shall be entitled to relocation assistance pursuant to the provisions of Section 151.09 G. B. Right of First Refusal. Within 60 days of the issuance of a certificate of occupancy for units constructed pursuant to Section 47.78 A 1, the owner shall first offer to rent the units to tenants who were evicted, pursuant to Section 151.09 A 13 of this Code, from the Residential Units that were the subject of the Application for Clearance. C. Tenancy. Any tenant who takes possession of a unit pursuant to the provisions of Subsection B of this section shall be subject to the provisions of Chapter XV of this Code. SEC. 47.80. Destroyed Buildings or Buildings Demolished Pursuant to an Abatement Proceeding. A. This section shall apply to Residential Hotel buildings that are destroyed by a disaster or demolished by LADBS pursuant to Section 91.8905 or 91.8907 of this Code, unless the proposed development will be an Affordable Housing Project. B. The City shall not approve building permits for a destroyed Residential Hotel building, or for any new development on the site of a destroyed or demolished Residential Hotel, unless the owner files an Application for Clearance with LAHD and complies with the provisions of Section 47.78. C. LAHD shall have the authority to record an affidavit with the County Recorder stating that no permits for any new development on the site of a destroyed or demolished Residential Hotel shall be issued unless the owner has complied with the provisions of this article. SEC. 47.81. Unlawful Conversion; Remedies; Fines. A. It shall be unlawful for any person to convert or demolish any Residential Hotel building or Residential Unit in violation of the provisions of this article. 11 Page 220 of 751 1. Changing the use of a Residential Unit for non-commercial purposes that serves only the needs of the permanent residents, such as a residents' lounge, storeroom or common area, does not constitute a violation of this article. 2. Demolition of an existing Residential Unit to combine units for a non- commercial purpose that serves only the needs of the permanent residents does not constitute a violation of this article. 3. An owner is prohibited from converting or demolishing less than all of the original number of Residential Units in a Residential Hotel, except where an owner satisfies the conditions for approval of an Application for Clearance pursuant to the provisions of Subdivision 3 of Subsection A of Section 47.78. B. LAHD Order Regarding Violations and Fines. Whenever LAHD determines that any Residential Hotel is in violation of this article, LARD shall order the violation corrected, and shall impose a fine pursuant to the provisions of this section. C. Appeal of Order to General Manager's Hearing. Where an owner believes that an order issued pursuant to the provisions of Subsection B of this section was in error regarding the violations identified or the fine assessed, the owner may appeal the order by filing a request for a General Manager's hearing pursuant to the provisions of Section 47.83. The owner must file the appeal in writing on a form provided by the Department within 15 calendar days of when LAHD mailed the order. If the appeal is not received within this period, the order shall be final. If the owner timely appeals the order to a General Manager's hearing, the order shall be stayed pending the appeal. D. Fines, Penalties and Interest. 1. Imposition of Fine. A person violating any provision of this article shall pay a fine in the amount of $250 per day for each violation that is the subject of an order issued pursuant to Subsection B of this section. Fines imposed pursuant to orders that are not appealed to a General Manager's hearing must be paid within 30 days after issuance of the order. Fines not paid within 30 days shall be deemed delinquent. Fines imposed by orders that are appealed to a General Manager's hearing must be paid within 30 days after the Hearing Officer issues a written decision pursuant to the provisions of Subsection F of Section 47.83 if the Hearing Officer affirms imposition of the fine. Fines not paid within 30 days of issuance of a decision shall be deemed delinquent. 2. Imposition of Late Penalty. A person whose fine is delinquent shall be assessed a penalty in the amount of 100 percent of the fine. The penalty shall be owed in addition to the amount of the fine. 12 Page 221 of 751 3. Interest. In addition to the fine and penalties imposed, any person with a delinquent fine shall pay interest on the amount of the fine and any penalty owed at the rate of one and one-half percent per full month of delinquency. 4. Personal Obligation of Owner. In addition to all other remedies provided by law, all penalties and interest owed for violations of this article shall be a personal obligation of the owner, recoverable by the City in an action before any court of competent jurisdiction. 5. Criminal Penalties for Violations. Any person willfully violating the requirements of this article shall be guilty of a misdemeanor. The penalty upon conviction shall be not more than a fine of $1,000 or imprisonment in the county jail, not exceeding six months, or both fine and imprisonment. Violations of this article are deemed continuing violations, and each day that a violation continues is deemed to be a new and separate offense. 6. False Information Misdemeanor. It shall be unlawful for an owner to willfully provide false information to the LAHD or its designees. Any owner who provides false information to the City, when required to provide information pursuant to this article, shall be guilty of a misdemeanor. Conviction of this misdemeanor shall be punishable by a fine of not more than $500 or by imprisonment in the County Jail for a period not to exceed six months, or both fine and imprisonment. E. Civil Action. An interested party or the City may institute a civil proceeding for injunctive relief and damages for violations of this article. The interested party instituting a civil proceeding, or the City suing to enforce the provisions of this article, if. prevailing parties, shall be entitled to the costs of enforcing this article, including reasonable attorneys' fees, pursuant to an order of the Court. SEC. 47.82. Post or Posting. Where posting is required by this article, material shall be posted in a conspicuous location at the front desk in the lobby of the Residential Hotel, or if there is no lobby, in the public entranceway. No material posted may be removed by any person except as otherwise provided in this article. SEC. 47.83. Appeals to LARD General Manager's Hearing Officer. A. Filing of the Appeal. Appeals to the General Manager's Hearing Officer shall be on a form prescribed by LARD. The appellant must pay a fee in the amount of $600 to fund the administrative cost of the hearing process. Appellants must state the basis of the appeal and provide supporting evidence. B. Powers of the Hearing Officer. The General Manager's Hearing Officer shall exercise all powers related to the conduct of a hearing. The Hearing Officer shall have the discretion to grant a continuance of the hearing upon a showing of good cause. 13 Page 222 of 751 The Hearing Officer has the power to administer oaths and affirmations during the hearing. The Hearing Officer shall require the maintenance of order in the hearing room, may order the exclusion of witnesses, may expel anyone who disturbs the hearing, and may secure the aid of the Los Angeles Police Department for these purposes. C. Notice of General Manager's Hearing. The General Manager's hearing shall be held within 30 days of the filing of the appeal. Notice of the General Manager's hearing shall be mailed to the owner, via certified United States mail, postage prepaid, or delivered in person, at least seven calendar days prior to the hearing. Upon receipt of the notice, the owner shall post the notice and shall keep the notice posted until after completion of the hearing. LAHD shall also provide notice to the occupants of the Residential Hotel by mail, or in person, at least seven calendar days prior to the hearing. D. Presentation of Evidence. LAHD staff, the owner, tenants and occupants of the Residential Hotel and any other interested party may present oral, photographic or documentary evidence that is relevant to the case for consideration by the Hearing Officer. Appellants shall have the burden of proof, and shall present substantial evidence and specific facts to support their appeal E. Recording of Hearing. The proceedings shall be audio -recorded by LAHD. F. Hearing Officer's Decision. After considering all relevant evidence and arguments, the Hearing Officer shall issue a written decision within 30 calendar days of the hearing. The Hearing Officer shall decide, based on the record, whether LAHD erred or abused its discretion. The decision shall be supported by written findings. LAHD will mail a copy of the decision to the owner and the occupants of the Residential Hotel. The decision of the Hearing Officer shall be the final administrative decision except in the following circumstance: If LAHD authorizes construction of fewer units pursuant to Section 47.78 A 1(a) or Section 47.78 A 3 (b) and this results in a reduction of more than 25 percent of the number of Residential Units being converted or demolished, the owner or any interested party may appeal the Hearing Officer's decision to the City Council pursuant to the provisions of Subsection G of this section. G. Appeals to the City Council. Appeals to the City Council shall be filed with LARD on the forms prescribed by LAHD within fifteen days of the date of mailing of the Hearing Officer's decision. LAHD shall transmit the appeal form to the City Clerk for a public hearing before the City Council. The City Council shall hear the appeal within 30 days after it is filed, unless the appellant and the owner consent to an extension of time. The Council shall give notice of the hearing to the owner, the appellant and LAHD. At the time established for the hearing, the Council or its Committee shall hear the testimony of the appellant, the owner, LARD staff, and any witnesses on their behalf. Upon conclusion of the hearing, the City Council shall within ten days render its decision on the appeal based upon the testimony and documents produced before it. The City Council may sustain, modify, or reject LAHD authorization of the construction 14 Page 223 of 751 of fewer units pursuant to Section 47.78 A 1(a) or Section 47.78 A 3 (b), and shall make findings consistent with the provisions of this article. If at the end of the time limit specified in this subsection, or time extension consented to by the appellant and the owner, the City Council fails to act, the appeal shall be deemed denied and the Hearing Officer's decision from which the appeal was taken shall be deemed affirmed. It shall be the duty of the City Clerk to issue the decision. SEC. 47.84. Construction. Nothing in this article may be construed to supersede any other lawfully enacted ordinance of the City of Los Angeles, except that definitions provided in this article shall govern the enforcement of this article. An owner of a Residential Hotel subject to the provisions of this article must comply with all applicable federal, state and local laws, including, without limitation, the CRA/LA Development Guidelines and Controls for Residential Hotels in the City Center and Central Industrial Redevelopment Project Areas, so long as the guidelines are in full force and effect. SEC. 47.85. Promulgation of Rules and Regulations. The LAHD and LADBS shall have the authority to adopt policies, rules and regulations to effectuate the purposes of this article, and to implement and administer their duties imposed pursuant to the provisions of this article. SEC. 47.86. Annual Review of Residential Hotel Status. The General Manager of the LAHD, with assistance from LADBS, shall prepare and report to the Mayor and the City Council annually with respect to the administration of this article and shall provide the following information: A. Current data on the number of Residential Hotels and the number of Residential Units in each of the Residential Hotels in the City of Los Angeles; B. Current data on the number of Residential Units converted or demolished pursuant to an approved application for clearance; C. Current data on the number of Residential Units eliminated due to demolition as a result of major fires, natural causes or accidents; D. Current data on the number of Residential Units illegally converted; E. Current data on the number of replacement housing units rehabilitated or constructed; F. A summary of the enforcement efforts by all City agencies responsible for the administration of this article; and G. A report on expenditures of monies in the Affordable Housing Trust Fund received pursuant to the provisions of this article. 15 Page 224 of 751 Sec. 2. Section 91.106.4.1 of Division 1 of Article 1 of Chapter IX of the Los Angeles Municipal is amended to add a new Subsection 16 to read: 16. The Department of Building and Safety shall have the authority to withhold building permits for new development on the site of a destroyed or demolished Residential Hotel and for the conversion or demolition of Residential Units on any property identified as a Residential Hotel by the Los Angeles Housing Department pursuant to Article 7.1 of Chapter IV of the Los Angeles Municipal Code until the Los Angeles Housing Department has verified compliance with the provisions of Article 7.1 of Chapter IV of the Los Angeles Municipal Code in order to preserve Residential Units in the Residential Hotels of the City of Los Angeles. Sec. 3. The first sentence of the first paragraph of Subsection C of Section 151.06 of the Los Angeles Municipal Code is amended to read: Except as otherwise provided in this subsection, if the rental unit was vacated voluntarily or as a result of an eviction or termination of tenancy based on one or more of the grounds described in Subdivisions 1, 2, 9 or 13 of Subsection A of Section 151.09, the maximum rent or maximum adjusted rent may be increased to any amount upon re -rental of the rental unit. Sec. 4. A new Subdivision 13 is added to Subsection A of Section 151.09 of the Los Angeles Municipal Code to read: 13. The rental unit is in a residential hotel, and the landlord seeks to recover possession of the rental unit in order to convert or demolish the unit, as those terms are defined in Section 47.73 of the Los Angeles Municipal Code. A landlord may recover possession of a rental unit pursuant to this paragraph only after the Department has approved an Application for Clearance pursuant to the provisions of Section 47.77. Sec. 5. The first sentence of Subsection G of Section 151.09 of the Los Angeles Municipal Code is amended to read: If the termination of tenancy is based on the grounds set forth in Subdivisions 8, 10, 11, 12 or 13 of Subsection A of this section, then the landlord shall pay a relocation fee of: $14,850 to qualified tenants and a $6,810 fee to all other tenants who have lived in their rental unit for fewer than three years, or $17,080 to qualified tenants and a $9,040 fee to all other tenants who have lived in their rental unit for three years or longer, or $17,080 to qualified tenants and $9,040 to all other tenants whose household income is 80 percent of below Area Median Income (AMI), as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development, regardless of length of tenancy. 16 Page 225 of 751 Sec. 6. Urgency Clause. The City Council finds and declares that this ordinance is required for the immediate preservation of the public peace, health and safety for the following reasons: Residential hotels, including single room occupancy hotels, are often the housing of last resort for the poor living in the City of Los Angeles. If residential hotels are converted or demolished, a crucial housing resource would be permanently lost. The City's homeless population would very likely increase, exposing already at -risk persons and families to inhumane living conditions, as well as making them more vulnerable to crime. Downtown Los Angeles and many other areas of the City that have traditionally provided low-income housing are experiencing gentrification that displaces low-income households. During the last five years, property owners have removed over 13,000 rent stabilized units pursuant to the State Ellis Act. Statistics provided by the Housing Department illustrate the impact on the City's housing market by the loss of residential hotels. The City has 336 residential hotels, accounting for 18,739 units. Los Angeles also has the nation's largest homeless population. Unregulated conversion or demolition of residential hotels would lead to an unacceptable and socially harmful increase in homelessness in Los Angeles. The City Council, with the Mayor's concurrence, adopted the Interim Control Ordinance prohibiting the conversion or demolition of residential hotels on May 19, 2006, while the City developed a permanent ordinance to regulate the conversion or demolition of residential hotels. The Interim Control Ordinance was extended for two additional six-month periods and shall expire on May 24, 2008. The Council, therefore, with the Mayor's concurrence, adopts this ordinance to become effective upon publication pursuant to Los Angeles City Charter Section 253. Sec. 7. Severability. If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance, which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable. 17 Page 226 of 751 Sec. 8. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. I hereby certify that this ordinanwaias passed by the Council of the City of Los Angeles, at its meeting of MAY 0 6 auk Approved MAY 15 2008 Approved as to Form and Legality ROCKARD J. DELGADILLO, City Attorney By JUDITH REEL Deputy City Attorney Date fiIa) 6 , oZ OCA File No. 08-0644 KAREN E. KALFAYAN, City Clerk By Deputy M:\LAND\Reel\ORDINANCES\Resdiential Hotel Ordinance - as amended by Perry Motion.doc 18 Mayor Page 227 of 751 Appendix 3e Los Angeles (Interim Motel Conversion) Page 228 of 751 Draft Interim Motel Conversion Ordinance Page 1 — 9/6/2017 CPC -2017 -3409 -CA ORDINANCE NO. An ordinance amending Sections 12.03, 14.00 and 151.02 of the Los Angeles Municipal Code establishing regulations to facilitate the use of existing hotels and motels for Supportive Housing and/or Transitional Housing. WHEREAS, the extreme shortage of housing in the City of Los Angeles has been well documented; WHEREAS, the housing shortage continues to exacerbate the homelessness crisis, as rates of homelessness increased 20% in the City of Los Angeles from 2016 to 2017; WHEREAS, the City of Los Angeles has declared a shelter crisis under California Government Code Section 8698 based on a finding that a significant number of homeless people in Los Angeles are without the ability to obtain shelter, resulting in a threat to their health and safety; WHEREAS, the City Council has determined that, to address this crisis, the public interest or necessity demands the improvement of real property to provide supportive housing and transitional housing for extremely low income or very low income individuals and families who are homeless or chronically homeless, which includes facilities from which assistance and services, such as mental health treatment, health care, drug and alcohol treatment, education and job training, may be provided; WHEREAS, on January 7, 2016, the City of Los Angeles issued a Comprehensive Homeless Strategy Report, which identified more than 60 policy and funding recommendations in addressing homelessness; WHEREAS, Strategy 7C identified in the Comprehensive Homeless Strategy Report directed the Housing and Community Investment Department and the Department of City Planning to identify opportunities for adaptive reuse of existing private properties in the City of Los Angeles that are capable of being converted to Transitional and Supportive Housing, with special focus on existing high-density structures such as hotels and motels; WHEREAS, given limited resources and the extreme need for shelter, it is clear that creative, cost-effective strategies are needed to complement the City's plan to address the homeless crisis in the urgent, comprehensive and persistent manner it deserves; and WHEREAS, the adaptive reuse of hotels and motels presents an opportunity for a cost- effective and expeditious strategy to expand the City's supply of Transitional and Supportive Housing; NOW, THEREFORE, THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. The following definitions are added to Section 12.03 of the Los Angeles Municipal Code to read: Page 229 of 751 Draft Interim Motel Conversion Ordinance Page 2 — 9/6/2017 CPC -2017 -3409 -CA SUPPORTIVE HOUSING. Housing with no limit on length of stay that is occupied by persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. The housing is linked to onsite or offsite Supportive Services, and any onsite Floor Area used for the delivery of Supportive Services shall be considered accessory to the residential use. TRANSITIONAL HOUSING. A building that is designed to provide housing and Supportive Services to persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people, to facilitate movement to permanent housing, typically within 24 months. SUPPORTIVE SERVICES. Services that are provided on a voluntary basis to residents of Supportive Housing and Transitional Housing, including, but not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing. Section 2. Subdivision 12 of Subsection A of Section 14.00 of the Los Angeles Municipal Code is added to read as follows: 12. Interim Use of Motels for Supportive Housing or Transitional Housing. The purpose of this subdivision is to facilitate the interim use of dwelling units or guest rooms in existing Hotels, Motels, Apartment Hotels, Transient Occupancy Residential Structures and Hostels as Supportive Housing and/or Transitional Housing. This subdivision is further intended to allow such property to return to its previous use, or any use consistent with the underlying zoning, upon termination of the interim Supportive Housing and/or Transitional Housing use. (a) Interim Motel Housing Project. An Interim Motel Housing Project is the physical re -purposing or adaptation of an existing Hotel, Motel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel for the purposes of using such building or buildings for Supportive Housing and/or Transitional Housing. All dwelling units and guest rooms in the project must be used for Supportive Housing and/or Transitional Housing. The Interim Motel Housing Project may not at any point in time result in any additional Floor Area or an expansion of the building footprint or height, nor shall it result in an increase in the total combined number of dwelling units or guest rooms on the property. Any Floor Area used for onsite Supportive Services shall be considered accessory to the residential use. (1) For the purposes of this Section, properties and/or units that are subject to the provisions of LAMC Section 47.70, et seq. (Residential Hotel Ordinance) at the time that an Interim Motel Housing Project application is submitted to the Department of City Planning, shall remain subject to all Page 230 of 751 Draft Interim Motel Conversion Ordinance Page 3 — 9/6/2017 CPC -2017 -3409 -CA requirements and restrictions set forth therein both during the contract term to provide Supportive Housing and/or Transitional Housing and thereafter, including, but not limited to, the submission of an Application for Clearance to the Housing and Community Investment Department (HCID). At the conclusion of the contract term, the number of Residential Units at each participating property shall be no greater or less than the number originally determined by HCID pursuant to LAMC Section 47.76 or any subsequent number approved by HCID as part of an Application for Clearance. (b) Application and Approval. (1) The Department of Building and Safety shall review all Interim Motel Housing Projects for zoning compliance described in Paragraph (d) and adherence to the performance standards in Paragraph (e). The Interim Motel Housing Project shall be approved if the application requirements, zoning compliance and performance standards of this subsection are met. (2) Prior to issuance of a building permit, the applicant shall provide a copy of an executed contract agreement which demonstrates that the Supportive Housing and/or Transitional Housing use to be provided on-site and associated Supportive Services have received funding from a local public agency, as identified on a list maintained by the Department of City Planning, and is in place and ready to commence operation upon project occupancy. (c) Termination of Supportive Housing and/or Transitional Housing Contract. Upon any termination of the Supportive Housing and/or Transitional Housing contract, the Interim Motel Housing Project shall be required, within 90 days, to notify the Department of Building and Safety and to complete one of the following: (1) Submit an application to the Department of Building and Safety to return to the previous use for which a Certificate of Occupancy was valid at the time that the Interim Motel Housing Project application was submitted to the Department of City Planning, or to any use permitted by the current zoning regulations; or (2) Provide a copy of a new executed contract agreement in accordance with the requirements in Paragraph (b)(2). (d) Zoning Compliance. (1) Interim Motel Housing Projects shall not be subject to any otherwise applicable zoning ordinance and/or specific plan or other overlay district regulations including but not limited to the following: (i) Minimum Area per Dwelling Unit or Guest Room. A building, nonconforming as to the area regulations (density) of the underlying zone, may be used for an Interim Motel Housing Project, provided Page 231 of 751 Draft Interim Motel Conversion Ordinance Page 4 — 9/6/2017 CPC -2017 -3409 -CA that the conversion does not create any additional dwelling units or guest rooms. (ii) Off -Street Automobile Parking. The required number of parking spaces shall be the same as the number of spaces that existed on the site at the time that the Interim Motel Housing Project application was submitted to the Department of Building and Safety, and shall be maintained and not reduced. Interim Motel Housing Projects shall otherwise be exempt from the provisions of Section 12.21 A.4(m) of this Code. (iii) Use. Notwithstanding the use provisions of the underlying zoning, an Interim Motel Housing Project shall be permitted. (iv) Change of Use. For any change of use of a building or a portion of a building, Section 12.23 B.7 of this Code shall not apply to Interim Motel Housing Projects. (v) Nonconforming Use of Buildings in Manufacturing Zones. Notwithstanding the regulations contained in Section 12.23 B.4 of this Code, an Interim Motel Housing Project shall be permitted in M Zones. (vi) Nonconforming Use in A and R Zones. The regulations contained in Section 12.236.2 of this Code shall not disqualify any existing motel from approval as an Interim Motel Housing Project or from returning to a motel use at the termination of the Supportive Housing and/or Transitional Housing contract. (2) Supplementation of Guest Rooms. For the purposes of this Section, Guest Rooms may be supplemented with cooking facilities including a sink, a refrigerator not exceeding 10 cubic feet, counter space not exceeding 10 square feet, and a hotplate or microwave. Any such supplementation of Guest Rooms shall be permitted to remain at the time that an Interim Motel Housing Project returns to the original use for which a Certificate of Occupancy was valid at the time of application. (3) Preservation of Nonconforming Rights. Upon termination of the Supportive Housing and/or Transitional Housing use, any building used for an Interim Motel Housing Project that is nonconforming as to area and/or use regulations or any other zoning code requirement or requirements shall be authorized to return to the original use and condition for which a Certificate of Occupancy was valid at the time of application, notwithstanding any physical alterations to the subject property. Any Floor Area used for Supportive Services may be returned to use as guest rooms Page 232 of 751 Draft Interim Motel Conversion Ordinance Page 5 — 9/6/2017 CPC -2017 -3409 -CA follows: and/or dwelling units, or may be converted to accessory amenity spaces, so long as the total number of guest rooms and the total number of dwelling units do not exceed the number approved on the previous Certificate of Occupancy. (e) Performance Standards. The Interim Motel Housing Project shall meet the following performance standards: (1) Supportive Service Area. Floor Area dedicated to Supportive Services may be provided onsite within an existing building, but shall not exceed ten percent (10%) of the total Floor Area of the building. (2) Lighting. Security night lighting shall be shielded so that the light source cannot be seen from adjacent residential properties. (f) Purpose. The use of these guest rooms and dwelling units under this subdivision shall not be considered an increase in density or other change which requires any corresponding discretionary action. Floor Area dedicated to Supportive Services shall be accessory to the Supportive Housing and/or Transitional Housing use. Lighting on the site should be adequate to provide for public safety and should not spill out on adjoining residential uses. Section 3. Section 151.02 of the Los Angeles Municipal Code is amended to read as Rental Units. ... The term shall not include: 13. Housing accommodations in Supportive Housing and/or Transitional Housing participating in an Interim Motel Housing Project pursuant to LAMC Section 14.00.A.13. This exemption shall apply only to housing accommodations which have been issued a housing exemption by the Department indicating satisfaction of the following conditions: (1) the subject housing accommodations are subject to and operating in accordance with a contract to provide Supportive Housing and/or Transitional Housing; and (2) any tenant remaining in the housing accommodations at the commencement of the contract term to provide Supportive Housing and/or Transitional Housing shall be afforded all rights and protections provided by this Article, including, but not limited to, LAMC Section 151.09A pertaining to the recovery of housing accommodations from any such tenant. Page 233 of 751 Draft Interim Motel Conversion Ordinance Page 6 — 9/6/2017 CPC -2017 -3409 -CA The Department shall have the authority to revoke an exemption issued pursuant to this Subdivision for failure to adhere to any of the conditions for an exemption set forth in this Subdivision. This exemption shall be deemed automatically revoked upon termination of the contract term or failure to operate in accordance with the contract to provide Supportive Housing and/or Transitional Housing. Section 4. URGENCY CLAUSE. The City finds and declares that this ordinance is required for the immediate protection of the public peace, health, and safety for the following reasons: The Los Angles Homeless Authority (LAHSA) January 2017 point in time count found that approximately 34,189 people are experiencing homelessness in the City of Los Angeles, reflecting a 20% increase from 2016. Over 73% of this number, or 25,237 people, are unsheltered, meaning that their primary nighttime residence is a public or private place not designated or ordinarily used as a regular sleeping accommodation for human beings. A significant portion of people experiencing homelessness in the City of Los Angeles experience multiple health issues, trauma, and disability: 20% have a substance use disorder, 33% have a serious mental illness, and 19% have a physical disability, while 36% have experienced domestic violence. Furthermore, approximately 31% of this population are experiencing chronic homelessness, a group that, when unsheltered, often incurs significant public costs related to emergency room visits, law enforcement, and incarceration. These costs have been shown to be significantly reduced when individuals are placed into supportive housing. The process in the proposed ordinance is designed to promote the expeditious expansion of the availability of supportive housing and transitional housing within the City. Supportive housing and transitional housing provide stable shelter for individuals experiencing homelessness, along with supportive services which help to address health and disability issues such as substance abuse, serious mental illness, and physical disabilities. For all these reasons, the ordinance allowing Interim Use of Motels for Supportive Housing or Transitional Housing shall become effective upon publication pursuant to Section 253 of the Los Angeles City Charter. Section 5. SEVERABILITY. If any portion, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each portion or subsection, sentence, clause and phrase herein, irrespective of the fact that any one or more portions, subsections, sentences, clauses or phrases be declared invalid. Page 234 of 751 Appendix 4 Summary of Potential Regulations to be Considered (Zoning, Licensing, Demolition and Conversion) Page 235 of 751 1-9L 40 9£Z abed Zoning By-law Licensing By-law Demolition and Conversion Control By-law • Amenity area (indoor and outdoor) • Parking and access requirements • Setbacks • Frontage • Landscaped open space • Signage • Lot coverage • Height • Floor Area • Obtain approvals from fire, building/ property standards, medical officer of health • Provide proof of zoning compliance • Provide proof outstanding work orders have been addressed (if applicable) • Require on-site property manager • Provide proof of insurance • Provide contact information of owner • Provide contact information of property manager • Require licence be posted in visible area • Provide number of SRO units • Require units provide kitchenettes (e.g. mini fridge, microwave) • Compliance with Building Code and Fire Code • Annual inspection • Establish fees for application • Establish penalties for non-compliance • Establish maximum number of SRO Units for a site, which cannot be exceeded or altered • Provision supportive service area • Require maintenance of written records containing names of permanent residents, and an emergency contact for each permanent resident • Provide access to a telephone for emergency purposes and a list of emergency numbers • Post a fire safety plan • Require minimum standards for building maintenance (e.g. must be kept free from dampness, moisture, pest infestation, property and units maintained in a clean and sanitary condition) • Require a permit for any conversion or demolition of an SRO or SRO Units • Establish a housing reserve fund • Introduce conditions for issuing permit for demolition (e.g. require payment into a reserve fund if the room is not replaced on- site or nearby, arrange for re -location of the permanent resident) • Introduce conditions for issuing permit for conversion (e.g. arrange for re -location of the permanent resident, give permanent resident first right of refusal for converted room, • Include exceptions where a one for one replacement is not required (e.g. where replacement units are of higher quality and provide additional amenities, where the reduction in number of units would not significantly impact vacancy rates, where a payment is made into a reserve fund, if the needs of current residents would be better served by improved amenities and larger units) • Include conditions that a proportion of replacement/ converted units are affordable to low-income households • Include penalties for breach of conditions or violation of the By-law • Establish application process and fees • Include Requirements for consideration of exemption from By-law III MHBC PLANNING URBAN DESIGN & LANDSCAPE ARCHITECTURE To: From: Date: File: Subject: MEMO KITCH EN ER WOODBRIDGE LONDON KINGSTON BARRIE BURLINGTON Mayor Jim Diodati and members of Council Dana Anderson and Kelly Martel November 1, 2018 0947D Executive Summary- City of Niagara Falls Boarding House Study 1. Over the past decade, many older motel establishments located in the City of Niagara Falls have shifted from providing primarily short-term accommodation to the travelling public to providing, to varying extents, long-term residential accommodation to people who may not otherwise be able to afford market rental housing. 2. Applications were brought to the Committee of Adjustment requesting that the use of 'Boarding or Room House' be added as a permitted use on a site specific basis to recognize and establish the hotel and motel conversions on two sites: the Continental Inn and Carriage House Motor Lodge. The Continental Inn variance application was approved. The Carriage House variance application was deferred. 3. Council passed an Interim Control By-law to freeze any applications that seek to introduce the use of a 'Boarding or Rooming House' use on any other motel site within the City until such time as the issue has been studied. 4. MHBC were retained to review the use of motel buildings as permanent/long-term housing and develop a strategy and recommendations to address the issue. A phased work program was undertaken and a Technical Advisory Committee (TAC) was formed, made up of representatives from City Planning, by-law enforcement, City of Niagara Falls Fire Department, Niagara Regional Police, Lundy's Lane Business Improvement Area, Niagara Region Community Services, Niagara Region Planning Services and Councillor Wayne Campbell 5. The first phase of work included a detailed review of housing issues within the context of the housing continuum and a summary of the land use planning and regulatory context as well as federal and provincial legislative regulatory context. Key findings from this phase were: a. There are very limited housing options for those with lower incomes in the Region; and, limited emergency housing options or government assisted housing to meet current needs. b. Motel units within the City of Niagara Falls are serving the gap in the rental market and providing transitional housing 204-442 BRANT STREET / BURLINGTON / ONTARIO / L7R 2G4 / T 905 639 8686 / F 905 761 5589 / WWW.MHBCPLAN.COM Page 237 of 751 c. There are many layers to Provincial legislation and policy which provide a context for the provision and regulation of boarding houses and there is no clear, consistent definition of Rooming, Boarding or Lodging House d. Region of Niagara and City of Niagara Falls policy documents (Official Plans and the Housing and Homelessness Action Plan) provide a planning framework which recognizes and encourages the provision of a range and mix of housing options, including affordable housing e. The City's Licensing By-law only contains regulations for second level lodging houses. f. The Lundy's Lane area has a large concentration of motels and hotels which provide long term accommodation. The Lundy's Lane area is a designated tourist area with a recently approved CIP. Refer to Section 2.0, Page 4 and Section 3.0, Page 11 of the Background Research and Issue Identification report for the complete review. 6. Phase 1 also included extensive stakeholder consultation with the Lundy's Lane Business Improvement Area, Community Organizations, motel operators, the Region of Niagara, and the TAC group. A workshop was also held with the TAC group to generate ideas for a solution A summary of the consultation approach and findings are included in the Options Report and can be found in detail at Section 6.0, Page 21. 7. The study also included a best practice review to examine how other municipalities define and regulate boarding houses within the provincial, national and North American context. From this research, it became clear that there were commonalities between regulation of boarding homes, and their potential applicability in the City of Niagara Falls. a. Most municipalities have specific zoning regulations and licensing bylaws for boarding houses; b. Some municipalities have created an "Apartment Motel" use, which contains wording stating the motel is "mainly" used for the travelling public but recognizes the dual nature of the infrastructure; c. Some municipalities include regulations and by-laws prohibiting the demolition or conversion of rooming units in order to avoid displacement of residents; and, d. Some municipalities and states provide funding for the conversion of motels into supportive/transitional housing, while other areas rely solely on private investment from developers in partnership with non-profit agencies to retrofit motels for residential purposes. Refer to Section 4.0, Page 54 of the Background Research and Issue Identification Report and Section 7.0, Page 33 of the Contextual Analysis and Recommendations Report for the complete review. 8. Based on the research conducted, stakeholder consultation, input from the TAC and an analysis of the research, key issues and potential options were explored to address the issues 9. Three options were identified, assessed and reviewed in detail a. Option A- Single Room Occupancy Conversions. This option would permit 100% conversion of a motel to an SRO building. This option would involve the introduction of new 2 Page 238 of 751 defined terms ("Single Room Occupancy Building (SRO)" and "Single Room Occupancy (SRO) Unit") to the City's By-law and changes to the Official Plan and Zoning By-law and the introduction of a Licensing By-law which includes additional regulations for an SRO use that cannot be controlled through the Zoning By-law b. Option Al- Hybrid Conversions. This option is similar to Option A, however Option Al would permit both long-term residential accommodation (SRO Units) and accommodation to tourists, essentially operating as a hybrid of both uses. Implementation of this option would be similar to Option A c. Option B- Allow an Apartment Motel. This option would allow motel establishments throughout the City to provide long-term residential accommodation, in combination with the motel use through a new definition of Apartment Motel. Residential units would be required to meet the definition of 'Dwelling Unit'. Under this option, Apartment Motels would require retrofits and upgrades to the proportion of the units deemed to be provided for residential use such that they meet the definition of 'Dwelling Unit' and comply with applicable Codes. This option would also involve updates to the Official Plan and Zoning By- law. • Option C- Allow Motel Establishments to Operate as 'Interim Single Room Occupancy (SRO) Buildings'. This option would allow motel establishments throughout the City to provide long-term residential accommodation, on an interim basis, through the introduction of a policy, regulatory and licensing framework. The implementation of this option would include: Temporary Use By-laws for individual sites; new defined terms/ uses (SRO Building and SRO Unit). An Interim Single Room Occupancy (SRO) Building would have a similar definition to Single Room Occupancy (SRO) Building, as described in Option A; however, would be subject to a temporary use restriction; and, a policy framework for existing motel uses to be considered as 'special sites' for a period of up to three (3) years, with a possible two (2) year extension up to a period of ten (10) years. The intent with this option is to phase out the use of motels for residential purposes over the long-term, as more affordable housing comes on the market and the vacancy rate stabilizes, and allow for future redevelopment of the property in accordance with the existing zoning at the time of the expiration of the temporary use. A licensing By-law would also be required to be in place. A full discussion of each option can be found in Section 8.0, Page 41 of the Contextual Analysis and Recommendations Report and a graphic representation summarizing the options is attached to this memo. 10. As a result of the further review and assessment of the options and input from staff and the TAC, Option A is the preferred option for the following reasons: a. Permitting and regulating the use would provide clarity for enforcement purposes (By-law, Building, Fire, etc.); b. Permitting and regulating the use would provide certainty to both operators and residents/guests; and, allow for increased safety for operators, residents, tourists and the community at large; c. Permitting Single Room Occupancy Buildings would provide certainty to both operators and residents as well as give the City with appropriate tools to regulate and control the use with the least administrative impact on both the operator/owner and City staff (e.g. in terms of processing applications, the number of applications required, timing for renewal, costs, etc.); 3 Page 239 of 751 d. This option allows for the maintenance of the commercial designation and zoning on the sites to facilitate future redevelopment of for commercial or other purposes should business needs change and the market become viable for redevelopment; e. Regulating the use is consistent with approaches taken in other jurisdictions throughout the province, as well as nationally and internationally; and, f. This option would conform and be consistent with Provincial policy. A full discussion of the rationale can be found in Section 8.6, Page 53 of the Contextual Analysis and Recommendations Report and a graphic representation summarizing the options is attached to this memo. 11. In addition to the recommended preferred option to be implemented through the Official Plan, Zoning By-law and a Licensing By-law, a series of Action Items, which are related to the study but are not implementable through the new framework, are provided and recommended to be implemented and explored by the City to address the larger issue of housing availability/ affordability. These recommendations can be found in Section 8.6.1, Page 56 of the recommendation report Next Steps Following Council endorsement of a preferred option, refinements will be made, as necessary, and implementation of the preferred option can commence. If the preferred option for consideration recommended in this report is endorsed by Council, next steps would be as follows: • Prepare Draft Official Plan Amendment, Zoning By-law Amendment, Licensing By-law and Demolition/ Conversion Control By-law to implement the new framework; • An open house meeting will be held to obtain feedback from members of the public on the proposed new framework, with adjustments made to respond to feedback and input received, as necessary; • A Statutory Public Meeting under the Planning Act will be held in order to receive formal comments on the final Amendment documents and By-laws; • Further refinements may be made, based on community input; and, • Final amendments will be brought forward to Council for adoption. 4 Page 240 of 751 1-9L 4° I-17Z abed VISUAL SUMMARY OF OPTIONS Visualization Official Plan Zoning By-law Additional Controls Considerations Option A: Allow change of use from SRO Building • Update policies to introduce new use • Introduce new definitions o Single Room Occupancy • Introduce Licensing By-law • Introduce Demolition and PRO • Use would be legalized, providing both resident and operator certainty Motel to Single Room Occupancy • New defined terms (SRO) Building o Single Room Occupancy (SRO) Unit Conversion Control By-law • Enforcement officials would have clear guidelines to follow and a mechanism for dealing with non-compliance (e.g. issuing fines, work orders, (Preferred and Recommended Option) .s • Introduce new development standards etc.) • Upon site redevelopment, replacement units would be guaranteed and added to the rental housing stock 100% SRO Units CON • Additional staffing resources would be required for administration, enforcement, review and application processing, education and outreach and ongoing monitoring for planning purposes Option 1A: Allow a SRO SRO Units in a Motel PRO be legalized, both proportion of units within Motel buildings r- [ J [ r� •�--'-i .1j r^ ' L LI • • Use would providing resident and operator certainty •• Would provide operator flexibility to either operate with 100% SRO units or with only a proportion of SRO units rl t• Enforcement officials would have clear guidelines to follow and a 50% Motel, 50% SRO Units mechanism for dealing with non-compliance (e.g. issuing fines, work orders, etc.) • Upon site redevelopment, replacement units would be guaranteed and added to the rental housing stock CON • Would pose difficulties with enforcement, regulation and monitoring the proportion of units on site • Additional staffing resources would be required for administration, enforcement, review and application processing Option B: Apartment Motel • Update policies to • Introduce new definitions • Introduce Demolition and PRO Allow an Apartment� Motel Use • 1 introduce new use • New defined terms o Apartment Motel • Introduce new development Conversion Control By-law • Provide operators with option for flexible business operation • Provide a mixture of residential and commercial on site III��''''^[�^\ l ' standards •• Provide residents with certainty that they will not be asked to leave their unit during tourist season 50% Motel, 50% Dwelling Units • Provides City with a mechanism for enforcement • Upon site redevelopment, replacement units would be guaranteed and added to the rental housing stock CON • Could result in displacement and increased homelessness as a result of upgrades required to ensure uses meet the requirements for dwelling unit within the Ontario Building Code, which the City's shelter system cannot support • Would pose difficulties with enforcement, regulation and monitoring the proportion of units on site • Additional staffing resources would be required for administration, enforcement, review and application processing 1-9L 40 Z1Z abed Visualization Official Plan Zoning By-law Additional Controls Considerations Option C: Allow 'interim' use�®■ interim SRO Building �i• ■ • Update policies to introduce new use New defned terms • Introduce new definitions o Interim Single Residential Occupancy (SRO) Building o Single Room Occupancy (SRO) Unit o Introduce new development standards • Introduce Licensing By-law • Introduce Demolition and Conversion Control By-law PRO • Provides operators with the ability to maintain existing business model for a maximum of ten years Provides business community assurances that the use is not permanent and can redevelop in the future Provide residents with certainty that they live in a legal unit (for up to ten years) • Provides City a mechanism for regulation and enforcement CON • Administratively, it would be difficult to review temporary use permits every two years which also must be brought forward for Council approval • Would introduce additional burdens on operators/ applicants as an application for Temporary Use would be required with bi-annual renewals in addition to applications for licensing and annual renewals associated with licensing • Additional layers could be a disincentive for operators and could result in increased illegal operation and could worsen the current situation • Use is required to cease after ten years. This may result in future displacement of residents if additional affordable housing has not yet been created ®■■• 100% SRO Units, up to 10 years 2 Lundy sLane WWW. LUNDYSLANE •COM November 9, 2018 Mayor Jim Diodati & Members of City Council City of Niagara Falls 6310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati & Members of City Council, Re: City of Niagara Falls — PBD 2018 -51 Boarding House Interim Control By-law Study —Report In January 2018 the Technical Advisory Committee, which included the LLBIA, was created to address the very complex issue of the Boarding House Interim Control By-law Study. Throughout the process it became very clear that this is more than a city-wide problem and that there is no single straight forward solution to tackle the issue of regulating extended stay operations in the lodging sector. What may work best in predominately non -tourism areas is not what is realistic in predominately tourist commercial areas. The Lundy's Lane BIA is not in support of a city-wide adoption of 'Option A' which would allow any hotel/motel in the City of Niagara Falls to convert into an exclusive Single Room Occupancy (SRO) operation. The LLBIA believes that 'Option A' is a solid approach for the control of permanent motel conversions in predominately non -tourism areas such as Mewburn Road at the QEW, Valley Way at Stanley, McLeod Rd at Drummond, etc. These are properties, in districts that have no real sustainable tourism potential, that would benefit greatly from a straight conversion to an SRO model building. In Tourism Commercial districts such as Lundy's Lane, Victoria Centre, River Road, etc., where many operators heavily depend on both tourism short stay rentals as well as some long term stay occupants, an 'Option 1A', or a potential 'Option 3 & 1A' like approach, is more appropriate. Option 1A, which allows for a combination of SRO Units and motel rooms - would provide: • Legalized use • Resident & operator certainty • Operators to have the mechanisms in place of both the Innkeeper's Act and the Landlord Tenant Act • Enforcement officials to have clear guidelines to follow • Maintain commercial vibrancy of business districts • Continued commercial tax assessment for the City & respective BIA levies That consideration be given toward the creation of an Option 1A + Option 3 Combination, which would also: • Give operators the ability to maintain existing business model (to a max 10 years) • Give operators, the business community and potential investors the assurances that the use is not permanent and can redevelop in the future • Provide residents with certainty that they live in a legal unit (for up to ten years) Page 243 of 751 The LLBIA also maintains that it is imperative that all operations: • Adhere to the design criteria as set out in the LLBIA CIP Urban Design Guidelines • Have landscaped public space and an amenity area • Maintain an attractive curb appeal and proper level of illumination at night • That there is an on-site property manager The LLBIA would also request that: • Criteria be developed to allow for seasonal variation of SRO Unit / motel room allotment • The municipality provides sufficient levels of staffing and resources for administration, enforcement, education and outreach • That the Region, all levels of government, and local agencies work collectively to devise short, mid and long-term strategies to deal with affordable housing, vagrancy and other related social issues. The LLBIA completely understands that the challenges in creating mechanisms that address affordable housing, over night guest, tenant and operator needs, as well as maintaining and promoting a healthy business environment are very complex and administratively burdensome. Conversion of aging motels in and of itself is not the answer to addressing the needs of the affordable housing shortage in Niagara. Pressure must be put on all levels of government to quickly address and properly fund programs to mitigate and remedy the problems. The LLBIA has always been a proponent of residential intensification (as set out in the Urban Design Guidelines) along Lundy's Lane. Perhaps it is time to look at adding a residential incentivization component to the recently approved LLCIP. Simple adoption of Option A does not adequately address the reality of the situation and the needs of tenants, operators and potential investors. The LLBIA therefore encourages Council to direct staff to investigate Option Al and a potential Option Al + Option 3 combination further, as well as a possible residential incentivization additions to the LLCIP. Please advise as to how the LLBIA can further assist in the process. Best Regards, David Jovanovic Tish DiBellonia Project Administrator, Chair, Lundy's Lane BIA Lundy's Lane BIA 905-401-8247 905-371-8579 Page 244 of 751 _fir Niagara) ills REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2018-65 November 13, 2018 SUBJECT: PBD -2018-65 AM -2018-020, Zoning By-law Amendment Application Part of Lot 3, Broken Front Concession (Welland River) Applicant: City of Niagara Falls Proposal: Proposed Single Detached Dwelling RECOMMENDATIONS 1. That Council approve the City initiated Zoning By-law amendment application to have the intended and previously approved rear yard depth and side yard width regulations applied to a portion of the lands to govern the development of a single detached dwelling; and 2. Council pass the amending by-law appearing in Council's agenda to implement the intended regulations. EXECUTIVE SUMMARY On July 10, 2018, Council approved a Zoning By-law amendment application (AM -2017- 022) by Alex and Sheila Charkot to rezone a vacant parcel of land (0.32 hectare) located on the south side of Lyon's Creek, opposite Stanley Avenue. The land was requested to be rezoned from Conservation -Open Space, in accordance with Zoning By-law No. 395, to a site specific Residential Single Family 1A Density (R1A) zone, in part, and an Environmental Protection Area (EPA) zone, in part under Zoning By-law 79-200. The R1A zoning was requested to facilitate the construction of a single detached dwelling on the northerly portion of the land. EPA zoning was requested to ensure protection of the Provincially Significant Wetlands (PSW) located on the southerly portion of the land. Refer to Planning Report PBD- 2018-42, attached as Appendix 1, for further detail. On August 14, 2018 Council passed By-law No. 2018-94 to apply a site specific R1A-1066 zone to the northerly portion of the lands in accordance with their decision on July 10, 2018. Shortly thereafter, staff was advised that incorrect regulations for the minimum rear yard depth and minimum easterly interior side yard width were included in the amending by-law. Staff is requesting Council to approve this City initiated zoning amendment application to enable the correct and previously approved rear yard depth and interior side yard width regulations to be applied to the lands. Page 245 of 751 2 ANALYSIS PBD -2018-65 November 13, 2018 Staff is requesting Council to approve the zoning by-law amendment application and approve the amending zoning by-law that includes the correct zoning regulations for the minimum rear yard depth and minimum easterly interior yard depth for the proposed single detached dwelling on the subject land. On July 10, 2018 Council approved a site specific RIA zoning for the northerly portion of the land that included regulations for a minimum rear yard depth of 51 metres and minimum easterly side yard depth of 8.75 metres. However, the amending zoning by-law erroneously included a regulation requiring a minimum rear depth of 70 metres and minimum easterly side yard depth of 10 metres. The proposed single detached dwelling cannot be constructed on the subject land with the incorrect setbacks. As such, staff is requesting Council to approve the zoning by-law amendment application to allow the application of the correct regulations for minimum rear yard depth (51 metres) and minimum easterly interior side yard depth (8.75 metres). The amending by-law to implement the amendment discussed in this report is included in Council's agenda for passing. FINANCIAL/IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. CITY'S STRATEGIC COMMITMENT The proposed amendment supports the City's Strategic Priorities of developing lands for building a vibrant and sustainable city. LIST OF ATTACHMENTS ➢ Appendix 1 — PBD -2018-42 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted• Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2018\PBD-2018-65, AM -2018-020, Zoning By-law Amendment, Part of Lot 3, Broken Front Concession (Welland River).docx Page 246 of 751 NiagaraB REPORT TO; SUBMITTED BY: SUBJECT: 3 PBD -2018-65 November 13, 2018 APPENDIX 1 PBD -2018-42 July 10, 2018 Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development PBO-2018-42 AM -201 7.022, Zoning By-law Amendment Application Part of Lot 3, Broken Front Concession (Welland River) Applicant: Alex and Sheila Charkot Proposal: Proposed Single Detached Dwelling RECOMMENDATION That Council approve the Zoning Bylaw amendment application to rezone the lands to a site specific Residential Single Family (R1A) zone, in part, and the Environmental Protection Area (EPA) zone, in part, to permit a single detached dwelling, subject to a holding (H) regulation prohibiting the development until a Stage 2 Archaeological Assessment and any subsequent studies as determined by the licenced archaeologist are completed, to the satisfaction of the Region and filed with the Ministry of Tourism, Culture and Sport. EXECUTIVE SUMMARY Alex and Sheila Charkot have requested a Zoning By-law amendment for a vacant parcel of land (0.32 hectare) located on the south side of Lyon's Creek, west of Stanley Avenue. The land is requested to be rezoned from Conservation -Open Space, in accordance with Zoning By-law No. 395, to a site specific Residential Single Family 1A Density (RIA) zone, in part, and the Environmental Protection Area (EPA) zone, in part. The R1A zone will facilitate construction of a single detached dwelling on the front portion of the lands and will ensure protection of the Provincially Significant Wetlands (PSW) located on the rear portion of the subject lands. Planning staff recommends the application for the following reasons: The proposal complies with Provincial policies by making use of an oversized undeveloped parcel within the Built—Up Area, thereby contributing to City's intensification target and by preserving the natural heritage features existing on the lands; The subject lands are designated Urban Area in the Regional Official Plan (ROP). The ROP promotes development of housing that is suited to the needs of a variety of households and income groups in Niagara; The application has been satisfactorily reviewed by the Niagara Peninsula Conservation Authority to ensure that the proposed single detached dwelling will be located outside the regulated floodplain and would have no negative impact on the existing natural heritage features an the lands; Page 247 of 751 4 2 PBD -2018-65 November 13, 2018 PBD -2018-42 July 10, 2018 - The land is designated Residential, in part and Environmental Protection Area (EPA), in part, 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 and the EPA designation apply to Provicially Significant Wetlands and NPCA regulated natural heritage features; - The proposed EPA zone is in conformity with the Official Plan's Environmental Protection Area and will protect the Provincially Significant Wetlands on the property; and The requested zoning will provide appropriate regulations for the development that will ensure protection of the regulated floodplain and its compatibility with the surrounding properties. The amending by-law should Include Holding (H) provisions prohibiting the development of the lands until a Stage 2 Archaeological Assessment and any subsequent studies as determined by the licenced archaeologist are completed, to the satisfaction of the Region and filed with the Ministry of Tourism, Culture and Sport. BACKGROUND Proposal The applicant has requested a Zoning By-law amendment for a vacant parcel of land (0.32 hectare) Iocated,on the south side of Lyon's Creek, west side of Stanley Avenue, shown on Schedule 1. The lands are zoned Conservation -Open Space, in accordance with Zoning By-law No. 395, which does not permit a detached dwelling. The applicant is requesting the front portion of the sands to be rezoned to Residential Single Family 1A Density (R1 A) zone with site specific regulations, and the rear portion be rezoned to the Environmental Protection Area (EPA) zone, in accordance with zoning By-law No.79- 200. Schedule 2 shows the details of the proposed development. Site Conditions and Surrounding Land Uses The subject lands are currently vacant. Lands to the north of the subject site are vacant. Single detached dwellings are located to the east and west of the subject lands. Lyon's Creek abuts the subject lands to the south . Circulation Comments Information regarding the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara 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), Page 248 of 751 5 3 PBD -2018-65 November 13, 2018 PHD-2Q18.42 'July 10, 201s 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 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 use of an oversized parcel within the Built—Up Area, thereby contributing to City's intensification target albeit in a minor way. 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. 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 Region's Core Natural Heritage Map identifies several Core Natural Heritage features on the subject land, which are designated under the Regional Official Plan (ROP), including, Environmental Protection Area (EPA) associated with the Lyons Creek Provincially Significant Wetland and Environmental Conservation Area (ECA) for a Significant Valleyland and the buffer area. ROP policy 7.8.1.10 states that development and site alteration is not permitted within EPAs. The lands proposed to be rezoned to RIA are outside of the area mapped as EPA in the ROP; therefore, the proposal complies with this policy. m The PPS and ROP provide direction for the conservation of significant cultural heritage and archaeological resources. Section 2.6.2 of the PPS states that, "development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential, unless significant archaeological resources have been conserved,' An archaeological assessment was required by the Regional staff as the subject ]ands was identified as having high potential for discovery of archaeological resources as a result of their proximity to several watercourses and two registered archaeological sites. The applicant has completed a Stage 1 archaeological assessment, which recommended completion of a Stage 2 archaeological assessment. Regional staff understands that the applicant is in the process of having this completed. Therefore, Regional staff recommended that a Holding regulation be included in the Zoning By-law to require the submission of the Stage 2 assessment, and any subsequent studies as determined by the licensed archaeologist. Staff notes that the removal of a Holding regulation will require additional Regional review fees_ Page 249 of 751 6 4 PBD -2018-65 November 13, 2018 PHD-2018-42 July 10, 2010 The applicant is proposing to build a 195 square meter dwelling with 2 bedrooms and < 20 fixture units on the lot. A sewage system design has been reviewed by Regional staff and the design meets with minimum Ontario Building Code (OBC) requirements, Since the sewage system is fully raised above the existing grades, a drainage plan will be required to divert any surface water away from the sewage system. Staff has no objection to the application, provided a sewage system permit application for the property Is applied for and the following conditions are met: 1. The lot grading and drainage plan must be submitted for review, which shows the finished grades for the house, garage, driveway, and sewage system. It must be shown that there Is no run off or negative drainage impacts to neighbouring properties. 2. House plans will be required to confirm the maximum daily design flow rate of 1100 IJday. The daily sewage flow rate of the proposed dwelling shall not exceed 1100 L/day (195 m2, 2 bedrooms and 20 fixture units) and must be constructed outside of the floodplain buffer. Due to the small size of the property, there is no area available for amenities such as pools, patios, sheds, etc, and no structures are permitted on any part of the sewage systern, as per OBC requirements. In addition, there is no additional land available for any modifications to the sewage system; therefore, any future increases in sewage flows would not be approved. The applicant is proposing to continue using the existing gravel access to the property as the driveway to the subject lands, However, Regional staff notes that this location is within the functional area of the Lyons Creek/Stanley Avenue intersection which also has an eastbound left -turn lane. Regional staff prefers the driveway be located further west in order to avoid any conflicts with the traffic at the intersection. If relocation of the driveway is not possible, Regional staff advise the applicant that any vehicle travelling west an Lyons Creek may experience difficulty turning left into the property due to eastbound vehicles waiting at the intersection. Additionally, any vehicle waiting to turn Into the site may cause other vehicles travelling westbound to stack into the intersection causing conflicts. Furthermore, the applicant is advised that the necessary Regional Entrance and/or Construction Encroachment Permits will be required far the properly. • Niagara Peninsula Conservation Authority. No objections. Page 250 of 751 7 5 PBD -2018-65 November 13, 2018 PBD -2018-42 July 10, 2018 Transportation Services, Building Services and l=ire Services No objections Neighbourhood Open House A neighbourhood open house was held on June 7, 2018. No area property owners or residents attended the meeting. 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 Horseshoe (Growth Plan). The subject lands are currently undeveloped. The proposed development is a form of residential intensification promoted by the Province and will aid the City in achieving the 40% intensification target within the Built -Up Area. 2. Official Plan The subject lands are designated Residential, in part, and Environmental Protection, in part, in the City's Official Plan. The applicant is proposing to construct a single detached dwelling on the portion of the lands that are designated Residential. The proposed development will be similar to other residential developments in the neighbourhood in terms of density, building mass, setbacks and appearance. The portion of the lands that are designated Environmental Protection Area (EPA) contain Provincially Significant Wetlands (PSW) and is within the floodplain, The Official Plan does not permit any development or site alteration in the lands designated EPA. The applicant is not proposing any development within the area designated EPA. The Official Plan requires uses within the urban area to connect to municipal services where available. Currently no municipal services are available for the proposed development. The applicant will be connecting to municipal services, once they are available in future. In the interim basis the applicant is proposing to install a septic system and cistern on the property. The design of the septic system has bean satisfactorily reviewed by the Region. 3. Zoning By-law The lands are currently zoned Conservation -Open Space, in accordance with Zoning By-law No. 395. The current zoning of the lands does not permit a Page 251 of 751 8 6 PBD -2018-65 November 13, 2018 PBD -2018-42 July 10, 2018 residential use. The zoning of the lands Is requested to be changed to a new site specific Residentia[ Single Family 1A Density (R1A) zone, In part and Environmental Protection Area, in part, to allow construction of a single detached dwelling. A number of changes to the standard R1A regulations are requested and summarized in the following table: ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS Minimum lot area 800 square metres 1256 square metres Minimum lot frontage 21 m 54.92 m Minimum rear yard depth 7.5 rn _ 51 m 1.47 m (to the boundary of EPA zone) Minimum Interior side yard width (easterly) 1.2 m 8.7m Minimum interior side yard width (westerly) 1.2 m 22.8 m Maximum lot coverage 45%e 20% m Minimum landscaped open space 30% 80% Maximum building height 10 m 7m The proposed zoning by-law amendment can be supported for the following reasons: The proposal exceeds the zoning by-law requirements for all the provisions. The rear yard depth for the proposed detached dwelling is 51 m, however the rear yard setback of 1.47 m is proposed from the EPA zone boundary. The proposal can be supported as the proposed development is located outside the regulated floodplain and the Provincially Significant Wetlands and would have no negative impact of the natural heritage features. The applicant has also requested the Provincially Significant Wetlands (PSW) and associated buffers to the south of the proposed dwelling to be placed under an EPA zone. The EPA zone will ensure no development or site alteration occurs in the lands zoned EPA and will aid in protection and preservation of the natural features associated with the PSW. CITY'S STRATEGIC INITIATIVE The application does not affect any of the City's strategic commitments. Page 252 of 751 LIST OF ATTACHMENTS 9 PBD -2018-65 November 13, 2018 7 PBD -2048-42 July 10, 20113 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.allwarea:m6 Auadh. S:3PQ 26t6LPBQ-267&d2,NA-2af7-022, Zoning 9y -law Mrendmenl,docc Page 253 of 751 10 8 SCHEDULE PBD -2018-65 November 13, 2018 PBD -2018-42 July 10, 2018 Location Mu Subject laid Page 254 of 751 11 PBD -2018-65 November 13, 2018 9 PBD -2018-42 July 10, 2018 SCHEDULE 2 CgITY OF MACARA MIS - 107 GRADING PLAN PARE c' LOT 0. ORLON FFmt 0010ETIIOU (01LI. SKR) TONNAiP OF 01MIAK OY Street Na L. ti PER e1.aIP 0 Bullet, or 00.111 40 [10.01 .0 .911-1111 LFAUM d wpyl a Divs. l• .0 EAU,' Evm o..xyn 01411 1 Cr i �. c�1tr Popp si y �P�` ;�Li'gNh� ;0'1'00 °�� .� ` I a 1 1 Lp1 Py F'I ...-..I.--- ,""' ..-.1~f 1P Yom r-hAL�-J ~ 4� A SEMI 1 000 LOT AREA-S219ay.n. LD1 ODYERAGE=7.g. �RS$K METRIC N01E osrnrw 4100x at leap w rt 101.04 TO IRW 000 I0 Be am tLEVAllOM Not( .. rnW rieu lean rwcv,.Y ({140 R e M hisi PROPOSED ELEVATIONS F TM of FOUNOA114N 7(77 FOYER rm-17 F FINISHED FLOOR lLei11 F TOP OF FINNING ( �LLe-" F GRADE (FRLY4T} 10001 1 GPA9E (REA11] Op1SGES5113S tiQN 610 110110.000010 ° 10411 0) 03 M.P. 0 .0., ql lLtlhN.wan. e Ong "x.01 + DPlYN ui !ENE NED Pruned Grading w'1LS" `• urs 000 Mn ww<ic » 0011 111E L IRFf.te-In 01114 SCALE 0111 Ay Sanalracked 4Ya Grr9113401an 011) 114: opauuxIl3>f11a4R..N(0a Page 255 of 751 NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2018-67 November 13, 2018 SUBJECT: PBD -2018-67 26T-11-2018-001 & AM -2018-005 Forestview Draft Plan of Subdivision and Official Plan and Zoning By-law Amendment Application 7365 Garner Road and 8990 and 9098 McLeod Road Applicant: River Realty Development (1976) Inc. Agent: Upper Canada Consulting (Craig Rohe) RECOMMENDATION 1. That the application to amend the Official Plan (Garner South Secondary Plan) be approved as detailed in this report; 2. That the application to amend the Zoning By-law be approved as detailed in this report; 3. That the Forestview Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; 4. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 5. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 6. That the Mayor and City Clerk be authorized to execute the Subdivision 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. EXECUTIVE SUMMARY 1340258 Ontario Inc. has applied to subdivide 14.7 hectares of land known as 7365 Garner Road and 8990 and 9098 McLeod Road into 97 lots for single detached dwellings, 17 blocks for 94 on -street townhouse dwelling units, 2 blocks for 56 block townhouse dwelling units, a block for a park and blocks for environmental protection, stormwater management, road widening and 0.3 metre reserves. The developer has also applied to amend the Official Plan (Garner South Secondary Plan) to adjust the boundaries between Low and Medium Density Residential to accommodate the development as proposed and to amend the policies of the GSSP to permit the development to proceed in advance of Page 256 of 751 2 PBD -2018-67 November 13, 2018 other planned areas and in advance of a required scoped watershed plan for the Thomson's Creek Watershed. In addition, the applicant has requested amendments to Zoning By-law No. 79-200 to provide the necessary regulations to permit the proposed dwellings and parkland and to place a Provincially Significant Wetland, associated buffer and stormwater management areas under an Environmental Protection Area zone. Planning staff recommends the applications, for the following reasons: • The proposal complies with Provincial and Regional policies with respect to achieving minimum density targets in a Greenfield Area and protecting natural heritage features; • The requested changes to the Garner South Secondary Plan are acceptable, as services are available to service the land, existing drainage and stormwater flows will be maintained through implementation of conditions of draft plan approval, a neighbourhood park to serve residents will be located in the subdivision and the rearrangement of low and medium density residential blocks is an appropriate housekeeping measure; • Rezoning the wetlands and associated buffer at the south end of the subdivision Environmental Protection Area (EPA) and implementing protection measures through the conditions of draft plan approval will protect these natural features, while placing the storm water management ponds under the same EPA zone will recognize the pond's function to treat storm water; and • The proposed zoning regulations for the residential lots and blocks will facilitate compact form while maintaining an appropriate level of functionality for residential use, and the requested open space zone for the park blocks will permit recreational uses. The conditions of draft plan approval, which address servicing, road widenings and improvements, parkland dedication, fencing, utility installation, and all other matters related to the development of the subdivision, are listed in Appendix A. BACKGROUND Proposal River Realty Development (1976) Inc. has submitted an application to subdivide 14.7 hectares of land known as 7365 Garner Road and 8990 and 9098 McLeod Road into 97 lots for single detached dwellings, 17 blocks for 94 on -street townhouse dwelling units, 2 blocks for 56 block townhouse dwelling units, a block for a park and blocks for environmental protection, stormwater management, road widening and 0.3 metre reserves. Refer to Schedule 2 for details of the proposed development. The applicant has also submitted an application to amend the Official Plan and Zoning By-law No. 79-200. The lands are designated Low and Medium Density and Environmental Protection Area under the Garner South Secondary Plan (GSSP). The applicant has requested the boundaries between Low and Medium Density Residential to Page 257 of 751 3 PBD -2018-67 November 13, 2018 be adjusted to accommodate the development as proposed and that the policies of the GSSP be amended to permit the development to proceed in advance of other planned areas and in advance of a required scoped watershed plan for the Thompson's Creek Watershed. The land is zoned Development Holding (DH), in accordance with By-law No. 79-200. The applicant is requesting the zoning to be changed to a site specific Residential Mixed (R3) zone, in part, to permit the proposed detached dwellings and on -street townhouses, a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, in part, to permit the block townhouse dwelling units, an Open Space (OS) zone, in part, for the proposed park, and an Environmental Protection Area (EPA) zone, in part, for the Provincially Significant Wetland and stormwater management blocks. Site Conditions Surrounding Land Uses The lands proposed to be subdivided consist of a large agricultural parcel and two smaller rural parcels. The lands generally slope very gently to the south. A small portion of the land at the south end is forested and part of a Provincially Significant Wetland. The two single detached dwellings that exist on the lands are proposed to be removed. Lands to the west and north of the subject lands are mainly used for agricultural purposes. Two properties to the east (7317 and 7334 Garner Road) are used for light industrial and office purposes; the balance of the lands are forested or vacant. An automotive repair garage and a subdivision are located to the northeast. Forested lands (part of a Provincially Significant Wetland) and residential properties are located to the south. Circulation Comments • Regional Municipality of Niagara (the Region) - The proposed subdivision conforms to Provincial policies in terms of density. A diverse mix of housing types is encouraged. The applicant has submitted a land use compatibility study to address the proximity of proposed residential dwellings to an existing industrial use. Conditions to implement mitigation measures are included in Appendix A. - Provided measures listed in the conditions attached as Appendix A are implemented, the Region has no concerns with natural heritage protection. Requested conditions are included in Appendix A and address archaeological, servicing and waste collection as well as required warning clauses. Page 258 of 751 4 PBD -2018-67 November 13, 2018 • Niagara Peninsula Conservation Authority (NPCA) The NPCA is satisfied with the proposed 15 metre buffer from the PSW and the proposed stormwater management program. There are no objections to the proposed applications, subject to the implementation of conditions listed in Appendix A. - Further preliminary details of stormwater management and grading are to be provided to the NPCA for review. • Municipal Works, Transportation Services, Parks Design, Fire Services, Enbridge Gas and Canada Post - No objections, subject to the conditions included in Appendix A. • Cytec Canada Inc. (Cytec) Cytec owns Thompson's Creek downstream of the subdivision and therefore has concerns with respect to any reduction of drainage flows to the Creek. An updated stormwater management plan is requested to ensure flows to Thompson's Creek are maintained; this request is included as a condition in Appendix A. Cytec is satisfied with the proposed subdivision layout but requests building heights be limited to 10 metres and 2.5 storeys for detached, semi-detached and duplex dwelling and 10 metres and 3 storeys for townhouse dwellings. - Requests a warning clause be added to all purchase and lease agreements, warning future residents of Cytec's manufacturing facilities. • Public Submissions One letter has been submitted from a neighbouring landowner to the west and is included on tonight's agenda. The letter requests a berm be erected along the common property line to control drainage to the neighbouring property. Please note that the conditions included in Appendix A require the implementation of a drainage scheme to avoid adverse drainage impacts on surrounding properties. Neighbourhood Open House A neighbourhood open house was held on April 23, 2018 and was attended by a representative of Niagara Store Fixtures at 7317 Garner Road, the developer and City staff. Page 259 of 751 5 PBD -2018-67 November 13, 2018 The representative asked questions about potential impacts on his business. The developer noted that land use compatibility studies had been completed to ensure there are no conflicts between the proposed residential uses and the representative's light industrial use and noted recommended measures to ensure compatibility would be implemented. The representative offered no objections to the proposal. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The applications are consistent with the Growth Plan and Provincial Policy Statements as follows: • the applications involve the development of land known as a Greenfield area within the urban boundary; • although the proposed subdivision has a density of only 45 jobs and persons per hectare (below the Provincial target of 50 jobs and persons per hectare in the Greenfield area), in combination with other existing and approved development in the Garner South Secondary Plan, a density of about 55 jobs and persons per hectare is achieved which meets the minimum density targets for the Greenfield area; • Adjacent natural heritage features will be protected. The PSW to the south of the lands will be adequately protected through a naturalized buffer and stormwater management techniques to maintain existing drainage flows to the wetland; • Land use compatibility with the abutting light industrial use will be achieved through the use of a noise barrier, dwelling construction techniques and warning clauses, all secured through the conditions of approval attached in Appendix A. • The proposed subdivision contributes to the City's supply of lots and blocks for single detached and townhouse dwellings and will provide a range of housing types to serve residents and contribute to a complete community. 2. Official Plan (Garner South Secondary Plan) The lands proposed to be subdivided are designated Residential, Low Density, in part, and Residential, Medium Density, in part, and Environmental Protection Area, in part, under the Garner South Secondary Plan (GSSP). The requested changes to the GSSP are as follows: • The development of the subject lands is proposed in advance of the completion of the Thompson's Creek Watershed Study. The applicant has submitted a stormwater management plan/scoped watershed study to Page 260 of 751 6 PBD -2018-67 November 13, 2018 demonstrate that flows to Thompson's Creek are to be maintained. The conditions of approval require the submission of detailed grading and stormwater plans to the satisfaction of the Region, NPCA and the downstream owner of Thompson's Creek (Cytec); • The applicant has requested an amendment to Appendix VII -B (Phasing Concept) of the Garner South Secondary Plan to permit the subject lands to be developed earlier. When the GSSP was drafted it was anticipated that lands west of Garner Road would be in the last phase of development and servicing. However, through the development of the Warren Woods Phase 5 Subdivision, sanitary and water mains capable of serving the subject lands are available relatively a short distance to the south on Garner Road. Allowing the subdivision to be developed will make an efficient use of these services and provide housing necessary to serve residents earlier. • The applicant has requested the land use schedule for the GSSP to be reconfigured to shift the location of Residential Low Density and Residential Medium Density Blocks, as illustrated in the Official Plan Amendment attached in Appendix B. This change does not affect the amount of housing provided. Although the Official Plan permits some flexibility in land use designation, provided the intent of policies are met, adjusting the land use schedule to reflect the change in lots and blocks is a housekeeping measure that will show the final development scheme. • The applicant proposes to include a neighbourhood park in the subdivision to serve future residents. Although a park was not originally identified west of Garner Road in the GSSP, locating a park here will eliminate the need of residents to cross an arterial road to access neighbourhood park facilities. Identifying a park as shown on the land use schedule attached as Appendix B is recommended. In addition, the proposed development complies with other policies in the Garner South Secondary Plan as follows: • the subdivision meets the minimum density requirements of the Secondary Plan, in combination with previous approved phases; • the lots proposed for detached dwellings, comply with the densities expected under the Residential, Low Density designation; • the proposed on -street and block townhouse dwellings comply with the types of units expected under the Residential, Medium Density designation. Although the densities anticipated on these blocks is lower than the densities anticipated for medium density blocks in the GSSP, flexibility in individual block densities are permitted provided overall Secondary Plan densities are met; Page 261 of 751 7 PBD -2018-67 November 13, 2018 • although the Secondary Plan discourages reverse lot frontages along major roads, the 16 lots with reverse lot frontages along McLeod Road are acceptable since McLeod Road forms the urban boundary in this location and agricultural uses on the north side of McLeod Road will not be adversely impact by the reverse lot treatment; • the Provincially Significant Wetland on the abutting property to the south will be protected by a naturalized buffer as well as a drainage system to maintain existing flows to the wetland. In addition the small tributary near the north west corner of the site will be protected; and • Sensitive land uses (i.e. dwellings) are located outside of the required 2 kilometre setback for sensitive uses from the facilities of Cytec Canada Inc. located south of Brown Road. 3. Zoning By-law Amendment The lands are currently zoned DH, in part, and LI, in part, in accordance with Zoning By-law No. 79-200. The lots proposed for detached dwellings and on - street townhouse dwellings are requested to be zoned a site specific R3 zone. The changes to the standard R3 regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum lot area 370 sq.m (detached dwelling 200 sq.m. (townhouse unit) 350 sq.m (detached dwelling) 180 sq.m (townhouse unit) Minimum lot frontage: Detached dwelling 12 m (interior lot) 15 m (corner lot) 11 m (interior lot) 14 m (corner lot) Minimum front yard depth 6 m 4.5 m (dwelling) 6 m (garage) Minimum rear yard 7.5 m 7 m Minimum interior side yard, detached, semi- detached, duplex dwelling 1.2 m 1.2 m (two storey dwelling) 0.9 m (one and one half storey dwelling) Minimum interior side yard, townhouse dwelling 3.0 m 1.2 m Minimum exterior side yard 4.5 m 3.0 m Maximum lot coverage 45% None (controlled by setbacks) Minimum landscaped open space 30% of the lot area 25% of the lot area Additional setback from centreline of Garner and McLeod Rds Yes for front, rear and exterior side yards No The blocks of land intended for the block townhouses (Blocks 115 and 116) are requested to be placed under a site specific R4 zone. The changes to the standard R4 regulations are summarized in the following table: Page 262 of 751 8 PBD -2018-67 November 13, 2018 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Uses permitted Home occupation permitted in a detached, semi-detached, duplex dwelling Home occupation not permitted Minimum lot area per unit 250 sq. m (townhouse) 200 sq. m (apartment) 200 sq. m Minimum lot frontage 30 m 30 m (Block 116) 26 m (Block 115) Minimum front yard (townhouse) 6 m subject to Section 4.27.1 of By-law No. 79- 200 4 m Minimum rear yard (townhouse) 7.5 m 6 m (Block 115) 2.8 m (Block 116) Minimum interior side yard One-half building height 1.5 m Maximum lot coverage 35% None (controlled by setbacks) Minimum privacy yard for each townhouse unit 7.5 m 7 m Minimum setback from south lot line (Block 115) One-half building height 11 m Additional setback from centreline of Garner and McLeod Rds Yes for rear and exterior side yards No In general the requested regulations can be supported for the following reasons: • The regulations facilitate compact form; • as most of the regulations are similar to the regulations which apply to the earlier phases of the Warren Woods development to the east, continuity in building and site design is promoted; • a lot coverage regulation is unnecessary because the development of the compact lots will be adequately addressed by building setbacks; • the building setbacks maintain adequate separation distances between dwellings and the street and contribute to the desired built -form; and • the introduction of an 11 metre building setback from the south lot line on Block 115 (north-east corner of the subdivision) provides the recommended setback of dwellings from the light industrial use on 7317 Garner Road. • The reduction in the front yard in the R4 zone is acceptable as it would be similar to the front and exterior yard of abutting detached lots; Page 263 of 751 9 PBD -2018-67 November 13, 2018 • The reduction in the rear yard on Block 116 is acceptable as it accommodates the side setback of a townhouse dwelling; • Section 4.27.1 of By-law No. 79-200 requires an additional front, rear and exterior side yard setback from the centrelines of McLeod Road and Garner Road to protect for road widenings. As necessary road widenings are to be dedicated as part of conditions of approval, this requirement can be removed; and • A home occupation is permitted only in a detached, semi-detached and duplex dwelling in an R4 zone. The removal of this permission is acceptable as the existing detached dwellings on the land are to be demolished and no new ones will be permitted on Blocks 115 and 116. Current setback and lot coverage requirements for apartment buildings in an R4 zone (7.5 metres for a front yard, 10 metres for a rear yard, one-half the building height for a side yard, 35% lot coverage) should also be kept to ensure surrounding land uses are not impacted or overshadowed by a larger building. Building heights are not being changed from the current maximum 10 metres permitted. As requested by Cytec Canada Inc., the height should also be limited to 2.5 storeys for detached, semi-detached and duplex dwellings, and 3 storeys for all other dwelling types, in addition to the metric height limit. An OS zone is also requested for the park and trail connection blocks. This zone will permit the uses contemplated in the park (i.e. playground equipment maintenance buildings, shelters), which will be owned by the City in the future. The applicant is requesting the lot area and frontage for a park be reduced to reflect the size of the block, which is the amount the City is entitled to for parkland dedication. Staff support this request. The applicant has also requested the Provincially Significant Wetlands (PSW) and associated buffers to the north, east and south of the subdivision be placed under an EPA zone. The EPA zone will protect the natural features associated with the PSW. For additional clarity, the amending by-law should permit stormwater management facilities and pedestrian trails that have been approved by the City and the NPCA. 4. Subdivision Design and Conditions of Approval The proposed subdivision contains a mix of lots for single detached dwellings, blocks for on -street townhouses and blocks for block townhouse dwellings, a park, stormwater management and environmental protection. The applicant is proposing to dedicate a park block to the City. The area of the park block is equivalent to the maximum amount the City may require to be dedicated under the Planning Act (5% of the area of the subdivision). This park Page 264 of 751 10 PBD -2018-67 November 13, 2018 will allow residents of the future subdivision to access recreational facilities without having to cross a potentially busy arterial road (Garner Road). The applicant has proposed measures to protect the PSW to the south of the lands, including a naturalized 15 metre wide buffer to the north of the PSW and developing a drainage scheme to maintain existing flows to the PSW through a swale running from the proposed stormwater management pond. The conditions of approval implement these as well as other measures to protect the wetland (i.e. approval of final grading plans to the satisfaction of approval authorities, replanting plan for the buffer area, silt and permanent chain link fencing). Maintaining existing flows to Thompson's Creek is a concern to the downstream owner of this watercourse (Cytec Canada Inc.). Official Plan Policies require their consent if these flows are to change. Although the applicant has submitted a stormwater scheme to satisfy this requirement, Cytec Canada has requested revisions to ensure flows to Thompsons Creek are maintained. A condition has been requested by Cytec Canada and has been added to Appendix A to this effect. In addition, Cytec Canada has requested a condition warning future residents of their facilities. This condition is included in Appendix "A" and has been implemented in earlier phases of the Warren Woods development. A legal non -confirming light industrial use exists at 7317 Garner Road. To ensure future residents are protected and warned about potential impacts from this development, the conditions secure a number of measures, including a noise mitigation fence and warning clauses. Conditions of approval require the extension of services from the Warren Woods Phase 5 development (east side of Garner Road) to the lands as well as the construction of a left turn lane along McLeod Road into Street "F" as shown on the plan. These conditions will secure necessary infrastructure to serve the development. The balance of the conditions in Appendix A are standard ones and include the dedication of 3 metre wide road widenings along Garner and McLeod Roads, dedication of daylight triangles, installation of municipal services, road and pathway construction, provision of utilities to the subdivision, fencing around the park, environmental lands, stormwater facilities and arterial roads to the City's satisfaction and the naming of streets in accordance with City policy. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. Page 265 of 751 11 CITY'S STRATEGIC COMMITMENT PBD -2018-67 November 13, 2018 The applications are supported by the Vibrant and Well Planning City initiative. The proposal provides necessary housing, protects natural heritage features and provides recreational space to support an active community. LIST OF ATTACHMENTS ➢ Schedule 1 — ➢ Schedule 2 — ➢ Appendix A ➢ Appendix B Location Map Subdivision Plan — Conditions for Draft Plan Approval — Proposed Land Use Changes Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted• Ken Todd, Chief Administrative Officer A. Bryce: m b Attach. S:\PDR\2015\PBD-2015-15, AM -2015-001 & 26T-11-2015-001, Warren Woods Phase 3 Stage 3.docx Page 266 of 751 Su 12 SCHEDULE 1 7,3 0 I � rn m MCLEDD RD PBD -2018-67 November 13, 2018 Citi d]N?1V Amending the Zoning By-law No. 79-200 Location: 7365 Garner Road and 8990 and 9098 McLeod Road Applicant: River Realty Development (1976) Inc. October 2nas 26T-11-2018-001/AM-2018-005 Page 267 of 751 BLOCK 220 BLOLK126 33- 13 SCHEDULE 2 MCLEOD ROAD 56. 1.11Eiti.+21K , STREET 'E' PBD -2018-67 November 13, 2018 • FF _Lk% iLIIIPLj_NE___ • 72 7, _ aggro 755.7.2.15, ,555555 50.2.1 15.245 725, 72. •• 75 76 — —nO,, olL'ET.VLA QLRL,AL,L 5515 5.55552 0 5rn 055.1,5051.645155 1505,5515112, 555, Suff. V453 Go. 5555 GARNER ROAD Page 268 of 751 14 PBD -2018-67 November 13, 2018 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Forestview Draft Plan of Subdivision prepared by Upper Canada Consultants, dated August 15, 2018, showing 97 lots for single detached dwellings, 17 blocks for 94 on -street townhouse dwelling units, 2 blocks for 56 block townhouse dwelling units, a 0.76 hectare park block, 2 blocks for stormwater management/drainage, a 0.7 hectare block for environmental protection, 6 blocks for road widening/daylight triangle and 4 blocks for 0.3 metre reserves. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the subject lands. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. If the development is to be constructed and subdivision plans registered in two or more phases, a separate subdivision agreement will be required for each phase. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision lands to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The roadways and sidewalks be designed and constructed in accordance with City standards which, in part, include the following: (a) roadways and sidewalks to municipal requirements; (b) dedication of a 3 metre wide road widening (Blocks 120 to 124 inclusive) along the length of the Garner Road and McLeod Road rights of way, save and except where this widening has been dedicated in the past; (c) design and construction of a 15 metre long westbound left turn lane and associated tapers on McLeod Road at Street F, to the satisfaction of Transportation Services; (d) dedication of a daylighting triangle with 12 metre legs at Garner Road and McLeod Road, daylighting triangles with 7 metre legs at McLeod Road and Street "F' and Garner Road and Street "D", and daylighting triangles with 5 metre legs at all other intersections and the inside corners of road bends; (e) dedication of all road allowances and daylight triangles to the City as public highways, and dedication of 0.3 metre reserves along McLeod Road and Garner Road to the City's satisfaction; Page 269 of 751 (f) (g) 15 PBD -2018-67 November 13, 2018 speed control measures within the subdivision to the satisfaction of Transportation Services; a 1.5 metre sidewalk to be constructed along McLeod Road, Garner Road and on one side of all streets internal to the subdivision, to the City's satisfaction. Costs to be shared with the City as applicable; (h) all streets named to the City's satisfaction; 5. The services be designed and constructed in accordance with City standards which, in part, include the following: (a) The developer construct a 300 mm diameter PVC watermain along McLeod Road from the existing municipal watermain at the intersection of Garner Road to the westerly limit of the proposed development (approximately 425 metres) to City standards. Costs to be shared with the City as applicable; (b) The proposed watermain on "Street F" to connect to the proposed 300 mm diameter watermain on Garner Road; (c) The proposed 150 mm diameter watermain on Street "D" will connect to the existing 250 mm diameter watermain on Garner Road; (d) The developer prepare a hydrant coverage drawing to ensure adequate fire protection; (e) testing of the watermains shall be completed in the presence of a Certified Water operator using the City's Watermain Commissioning Checklist; (f) (g) the developer construct a 525 mm diameter trunk sanitary sewer from the proposed Street "D" intersection southerly to the 525 mm diameter trunk sanitary sewer at the former hydro corridor lands (now Warren Woods Avenue) to City standards. Costs to be shared with the City as applicable; the stormwater management plan is to be design not to allow additional flows through the site other than the flows created by the proposed development, with flows to Thompson's Creek to be maintained, and no adverse impacts to surrounding properties or downstream flows created; (h) weeping tile be connected to the storm sewer system via sump pumps and all rainwater leaders outlet to grade and be directed to the front/rear yards; (i) provision of an overland storm water flow route, designed within the right-of- way for major storm events and constructed in accordance with the Ministry of the Environment, Conservation and Parks (MOECP) and City Standards; Page 270 of 751 16 PBD -2018-67 November 13, 2018 (j) application of the City's Lot Grading and Drainage Policy in accordance with the City Standards; and (k) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the MOECP Guidelines and City Standards. 6. The developer submit a Geotechnical Report prepared by a Soils Consultant to the satisfaction of Municipal Works. 7. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement as per the City's Development Charges By-law. 8. The developer grant the City and public utility companies any easements required to service the subdivision. 9. The developer submit the digital data and contract documents in accordance with the City CAD standards, and itemized in accordance with the City Schedule of Quantities and Unit Prices format. 10. The developer pay the required fees for Engineering Inspection and Administration for the subdivision. 11. The developer prepare a street lighting drawing and photometric plan, in accordance with the City specifications (as amended April 2016). 12. The developer grant the Municipality and/or Public Utility companies any easements that may be required to service the subdivision. 13. The developer dedicate Block 117 to the City for parkland purposes. Park blocks are to be provided to the City in a condition ready for finished park development, including grading the park to approved elevations per City park concept plans, provide perimeter catch basins and drains for the park to City standards, and graded with topsoil and seeded to the City's satisfaction. In addition, a 50 mm diameter water service to the park property line with a curb stop valve shut off and an electrical service to the park capable of powering future park security lighting is to be provided. Chain link fencing is to be installed to the City's satisfaction along the west, south and east sides of the park to the City's satisfaction. 14. The developer provide a landscape plan prepared by a landscape architect to the satisfaction of the City, showing complete design, landscape information and fencing for the park, Provincially Significant Wetland and buffer, stormwater facilities and lots abutting arterial roads and to include a 1.8 m wide screenings recreational trail to City standards (in consultation and with the approval of the NPCA). 15. The developer accommodate the provision of one boulevard tree per lot and two boulevard trees per corner lot and pay to the City $350 per tree for this provision, in accordance with City policy. Page 271 of 751 17 PBD -2018-67 November 13, 2018 16. The developer confirm that the proposed electrical servicing is sufficient to service electrical vehicle charging systems required under Section 9.34.4 of the Ontario Building Code. 17. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on one side of road where the asphalt width is less than 8 m or on one side of the road within residential cul-de-sacs. The subdivision agreement is to specify the supply and installation of no parking signage is to be at the cost of the developer. 18. The developer submit servicing plans to Municipal Works and Fire Services for review. Such plans are to include road widths and curb radii. Note that the Municipal Works Department is responsible for final approval of said servicing plans. 19. The developer receive final approval of the Official Plan and Zoning By-law amendments to provide land use policies and regulations to guide the development of the subdivision. 20. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law. 21. The developer provide four copies of the pre -registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 22. That Community Mail Boxes (CMBs) be located in locations determined in cooperation with Canada Post, and that the developer identify these sites on a display in the sales office and on appropriate maps, information boards and plans. 23. The developer agree in the Subdivision Agreement, in words satisfactory to Canada Post, to grant to Canada Post any easements that may be required for the installation of CMBs on private property. 24. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a CMB. The developer also agrees to note the locations of all CMBs within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to CMBs. 25. The developer satisfy all requirements of Canada Post regarding concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, informing potential homeowners of CMB locations, timing of construction and identification of CMBs and related works on engineering servicing drawings. 26. The developer contact Enbridge Gas Distribution's Customer Connections Department by emailing SalesArea80@enbridge.com for service and meter Page 272 of 751 18 PBD -2018-67 November 13, 2018 installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. NOTE: If a gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant. 27. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 28. The developer provide Enbridge Gas Distribution with the necessary easements in the event they are required to service the development. 29. The developer to implement the recommendations of the "Land Use Compatibility Study — Air Quality", prepared by BCX Environmental Consulting (dated August 2018), to the satisfaction of Niagara Region. 30. The subdivision agreement contain the following clauses relative to air quality impacts: (a) the developer agrees to implement the recommendations of the "Land Use Compatibility Study — Air Quality", prepared by BCX Environmental Consultation (dated August 2018); (b) the developer agrees to locate air intakes for all units located in Block 115, the northernmost room of units in Block 116, and the northernmost units in Block 114 to screen the intake from Niagara Store Fixtures using the building structure; and (c) the developer agrees to include the following warning clause in all agreements or purchase and sale and/or lease for all units located in Block 115, all units in Block 116 located north of Block 113 and all units located in Block 114: "Purchasers are advised that this property is in proximity to an existing industrial/commercial facility which may, at times, generate nuisance odours." 31. The developer agrees to implement the recommendations of the "Noise Feasibility Study Proposed Residential Development Garner Road and McLeod Road Niagara Falls, Ontario", prepared by HCG Engineering (dated August 17, 2018), to the satisfaction of Niagara Region. 32. The subdivision agreement include the following clauses relative to noise impacts: (a) The developer agrees to implement the recommendations of the "Noise Feasibility Study Proposed Residential Development Garner Road and Page 273 of 751 19 PBD -2018-67 November 13, 2018 McLeod Road Niagara Falls, Ontario", prepared by HCG Engineering (dated August 17, 2018); (b) The developer acknowledges that a 2.2 m high noise fence shall be constructed along the residential property line extending from the parking area at the rear of the nearest dwelling unit to Garner Road, respecting any required setbacks. The noise fence can be constructed of any wood, metal or masonry construction with a minimum surface density of 20 kg per sq m and should be free of wholes or gaps within or below its extent. Construction of the fence is required at the time of the future development agreement for Block 115 (e.g. site plan/condominium agreement); (c) The developer acknowledges that there shall be no second storey windows to noise sensitive indoor spaces (bedrooms, living rooms etc.) on the south fagade of the nearest dwelling unit (Block 115) to Niagara Store Fixtures loading bay. If the developer agrees to construct the noise wall along the south property line at 3 m high, second storey windows to noise sensitive indoor spaces will be permitted; (d) The developer agrees to include the following warning clauses in all agreements of purchase and sale and/or leases for specified units: Lots 1-16 and all units in Block 115: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality's and the Ministry of the Environment, Conservation and Parks' noise criteria". ii All units in Block 115 and Block 116 & end units of Blocks 107, 114 and Block 108: "Purchasers are advised that due to the proximity of industrial and commercial facilities along Garner and McLeod Roads, sound levels from these facilities may at times be audible". (e) Prior to the issuance of a Building Permit, the developer agrees to submit verification from the Municipal Building Inspector or Professional Engineer qualified to perform acoustical engineering services in the Province of Ontario that the building plans implement the noise control recommendations of the "Noise Feasibility Study Proposed Residential Development Garner Road and McLeod Road Niagara Falls Ontario", prepared by HCG Engineering (dated August 17, 2018), in their entirety. 33. The following clause be included in the subdivision agreement: Page 274 of 751 20 PBD -2018-67 November 13, 2018 "Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting archaeological resources must cease immediately, notify the Archaeology Programs Unit of the Ministry of Tourism, Culture and Sport in London (416-212-8886) and a licensed archaeologist (Stantec) is required to carry out an archaeological assessment in accordance with the Ontario Heritage Act and Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services in Toronto (416-326- 8800) must be contacted. In situations where human remains are associated with archaeological resources, MTCS should also be notified to ensure the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act." 34. The developer file a Record of Site Condition (RSC) on the Ministry of the Environment, Conservation and Parks (MECP) Brownfields Environmental Site Registry, in accordance with Ontario Regulation 153/04 as amended by Ontario Regulation 511/09, for property addressed as 9098 McLeod Road, and that the developer provide a copy of the MECP's acknowledgement of the filing of the RSC to the Niagara Region. 35. The following clause be included in the subdivision agreement: "These lands are in proximity to lands designated for agricultural uses. The lands may be subject to noise, odour, and/or dust from nearby agricultural operations, which may interfere with some activities of the dwelling occupants." 36. That applications to decommission all private septic systems currently on the subject lands be submitted to and approved by the Niagara Region. 37. The existing Regional 500mm diameter PVC watermain on McLeod Road not be disturbed during construction of the development, and that protection of the Regional watermain be ensured during construction of any servicing along McLeod Road. Prior to final approval for registration of this plan of subdivision, the developer shall submit design drawings for the proposed work along McLeod Road required to service this development to ensure that there is no conflicts with the Regional Watermain, to the satisfaction of Niagara Region. 38. The developer provides a written acknowledgement to Niagara Region stating that draft approval of this subdivision does not include a commitment of servicing allocation by Niagara Region as this servicing allocation will not be assigned until the plan is registered, and that any pre -servicing will be at the sole risk/responsibility of the developer. 39. The developer submit a written undertaking to Niagara Region agreeing that all offers and agreements of purchase and sale, which may be negotiated prior to Page 275 of 751 21 PBD -2018-67 November 13, 2018 registration of this subdivision, shall contain a clause indicating that a servicing allocation for this subdivision will not be assigned until the plan is registered, and a similar clause be inserted in the subdivision agreement. 40. That verification of available wet weather capacity in the South Niagara Falls system and required mitigation measures required to accommodate development, be submitted for review and approval by the Niagara Region and the City. 41. The developer submits the design drawings (with calculations) for the sanitary and storm drainage systems required to service this development and obtain Ministry of the Environment, Parks and Conservation Environmental Compliance Approval(s) under the Transfer of Review Program. 42. That prior to approval of the final site plan or any on-site grading, the developer shall submit a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment, Parks and Conservation documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or successors to the Niagara Region Planning and Development Services Department for review and approval; (a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; (b) Detailed erosion and sedimentation control plans; (c) Detailed phasing of construction of the stormwater management facility to coincide with phasing of development of residential lands (internal and external to the subdivision) planned to be serviced by the stormwater management facility; and (d) Pre to Post Development Water Balance. 43. The subdivision agreement contain provisions whereby the developer agrees to implement the approved plan(s) required in accordance with Condition No. 42. 44. That a subsequent addendum to the Environmental Impact Study Addendum letter, prepared by Beacon Environmental (dated July 26, 2018) to confirm that there is no negative impact to the Provincially Significant Wetland in conjunction with the detailed Stormwater Management Plan, be submitted to the satisfaction of the NPCA and Niagara Region. 45. Prior to site alteration and/or grading, a Tree Savings Plan shall be prepared in accordance with Section 1.36 of the Region of Niagara Tree and Forest Conservation By-law (By -law -30-2008). The Tree Savings Plan shall also include a "buffer restoration plan" which considers the adequacy of the soils to support Page 276 of 751 22 PBD -2018-67 November 13, 2018 proposed trees, shrubs and groundcover. The "buffer restoration plan" is to be stamped by a Landscape Architect. 46. The subdivision agreement include the following clause specific to proposed lots 16-37 and 72-82: "The property owner agrees that there shall be no gates installed in the rear fence. Access is not permitted into the Environmental Protection Area." 47. The owner ensure that all streets and development blocks can provide an access in accordance with the Niagara Region's policy and by-laws relating to the curb side collection of waste and recycling throughout all phases of development. If the development is proposed to proceed in phases, where a through street is not maintained, the owner shall provide a revised draft plan to reflect a proposed temporary turnaround/cul-de-sac with a minimum curb radius of 12.8 metres. 48. The following clause be included in the subdivision agreement: "The developer agrees to include the following clause in all agreements of purchase and sale and/or lease for all units: Purchasers/Tenants are advised that this property has frontage on a roadway designated as being within the Regional Niagara Bicycling Network Plan. If the bicycle route is currently not established and identified with signage, it is the intent of the Regional Municipality of Niagara to make provisions for doing so and this may involve additional pavement width, elimination of on -street parking etc., if required on this street section." NOTES: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. 2. Prior to final approval for registration, a copy of the draft subdivision agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall also be provided prior to registration. 3. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together with all studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft subdivision agreement shall be submitted to the Niagara Region by the applicant as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. Page 277 of 751 23 PBD -2018-67 November 13, 2018 49. The developer obtain a Work Permit from The Niagara Peninsula Conservation Authority (NPCA) prior to beginning any work within the 30 metre wetland buffer. In support of the Work Permit application, the following information will be required: (a) a buffer planting plan; (b) detailed design drawings showing the outlet swale and demonstrating that there is no grading occurring within the Provincially Significant Wetland (PSW); (c) detailed stormwater management information demonstrating that the stormwater being released into the PSW is being treated to an Enhanced Standard and is being controlled so as not to cause erosion of the PSW; (d) confirmation from a qualified professional that there will be no negative impact to the PSW; and (e) any other information as may be determined at the time a Work Permit application is submitted to the NPCA. 50. That blocks 118, 119 and 130 be zoned Environmental Protection Area or other similar zone category that achieves the same level of protection, to the satisfaction of the NPCA. 51. The developer submit to the NPCA for review and approval, detailed grading and construction sediment and erosion control plans. 52. The developer provide 1.5 metre high chain link fencing along the rear lot line of Lots 16 to 20 inclusive and lots 72 to 82 inclusive, to the satisfaction of the NPCA. 53. That Conditions 49 to 52 be incorporated into the subdivision agreement between the developer and the City, to the satisfaction of the NPCA. The City shall circulate the draft subdivision agreement to the NPCA for its review and approval. 54. The following notice clause shall be included in the Subdivision Agreement and in any Condominium Agreement and in any Site Plan Agreement and in all Agreements of Purchase and Sale for the subdivision lots and blocks, and in any leases: "Cytec Canada Inc. ("Cytec") owns lands located north of the Welland River and west of Garner Road. Cytec's lands are designated Industrial and zoned for heavy industrial uses. Cytec operates chemical manufacturing and industrial facilities on its lands and may in the future expand its operations by expanding or adding to its existing buildings or constructing new buildings and/or intensifying its operations. Cytec may also erect and/or construct and operate facilities for any of the uses permitted in the City's Zoning By-law. Cytec's use of its lands may generate odour and air emissions and create noise, together with other industrial effects. Cytec is a member of the Canadian Chemical Producer's Association and has been Page 278 of 751 24 PBD -2018-67 November 13, 2018 verified under the Responsible Care Codes of Practice. This notice clause includes any successors and/or assigns in title to Cytec." 55. That prior to approval of the final plan or on-site grading, the developer submit an updated stormwater management plan and report for the subdivision designed and sealed by a qualified professional engineer which shall address the requirements of Section 2.10.1.9 of the Garner South Secondary Plan, including demonstrating that the existing conditions of Thompsons's Creek are maintained to Cytec's satisfaction, not to be unreasonably withheld, which conditions include impacts on flood potential, erosion, water quality and quantity and fish habitat or shall in the alternative obtain the required consent from Cytec, not to be unreasonably withheld, for proposed impacts or alterations on the existing conditions. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: • Legal Services for Conditions 2 and 3 • Transportation Services for Condition 4 • Municipal Works for Conditions 4 to 11 inclusive, 18 • Landscape Architect for Conditions 12 to 15 inclusive • Building Services for Condition 16 • Fire Services for Conditions 17 and 18 • Planning and Development Services for Conditions 19 to 21 inclusive • Canada Post for Conditions 22 to 25 inclusive • Enbridge Gas Distribution Inc. for Conditions 26 to 28 inclusive • Regional Municipality of Niagara for Conditions 29 to 48 inclusive • Niagara Peninsula Conservation Authority for Conditions 49 and 53 inclusive • Cytec Canada Inc. for Condition 54 and 55 Page 279 of 751 25 PBD -2018-67 November 13, 2018 APPENDIX B DRAFT OFFICIAL PLAN AMENDMENT LAND USE CHANGES TO THE GARNER SOUTH SECONDARY PLAN LEGEND I I PART FORESTVIEW ESTATES SUBDIVISION MCLE00770170 FARTS PART 1 PART 7 y//PROPOSED OP CHANGE AREAS 65A 0 PART 1 - FROM RESIDENTIAL LOW DENSITY TO LOW DENSITY PARTS- FROM RESIDENTIAL MEDIUM DENSITY TO LOW DENSITY PART 1- FROM RESIDENTIAL MEDIUM DENSITY TO MEDIUM DENSITY ® PART4 - FROM RESIDENTIAL MEDIUM DENSITY TO MEDIUM DENSITY ® PART5- FROM RESIDENTIAL LOW DENSITY 70 MEDIUM DEN$ITY - PART 689 • FROM RESIDENTIAL LOW DENSITY& MEDIUM DENSITY 70 ENVIRONMENTAL PROTECTION AREA PART T - FROM RESIDENTIAL LOW DENSITY TO LOW DENSITY ® PART 9- FROM RESIDENTIAL LOW DENSITY & MEDIUM DENSITY TO OPEN SPACE ZONE I I SCHEDULE ATO OFFICIAL PLAN AMENDMENT No. Niagarafyjs MAYOR CLERK' Page 280 of 751 Ralph Terrio 9304 McLeod Road Niagara Falls, ON April 16, 2018 City Planning and Development Department 4310 Queen Street Niagara Falls, ON Planning �r�en f 01 APR 1 9 2018 PLANNING & DEVELOPMENT RE: 7364 Garner Road and 9098 McLeod Road Dear Panning and Development Department: I would like to take the opportunity to submit my concern in writing. I own the property next door to this project, I am all for new development however, I do have a concern I would like the developers to address: 1. I am requesting that the developer place an eight foot berm with a fence on top along the property line to protect my property from water draining from their development onto my property. An example is the subdivision next to Campark Tent and Trailer Park and the railroad tracks on Lundy's Lane. 2. The zoning of my property is industrial and I request that this does not change due to their development. If these small requests can be meet by the developer than I shall have no problem with the development going on next to my property at 9304 McLeod Road. Should the developer have any questions for me I am available on my cell phone anytime 1-905-351- 9351. Best regards, Ralph Terrio Page 281 of 751 Niagara) ills REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2018-71 November 13, 2018 SUBJECT: PBD -2018-71 26CD-11-2018-09, Proposed Plan of Condominium (Standard) 7711 Green Vista Gate Applicant: Upper Vista Niagara Falls Development Corp. c/o Carol Han Agent: David Tang, Partner — Miller Thomson, LLP RECOMMENDATION 1. That the Standard Plan of Condominium for 7711 Green Vista Gate be draft approved subject to the conditions in Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "Approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY Upper Vista Niagara Falls Development Corp. is constructing a 10 storey, 150 unit apartment building on the land known as 7711 Green Vista Gate. A Standard Plan of Condominium is proposed to divide the apartment building so that the units can be individually owned. The driveway, visitor parking, landscaping and amenity areas will be common elements to the condominium. A site plan agreement was registered for the development on May 9, 2018 which has enabled the applicant to obtain Building Permits and start construction. The condominium application is supported for the following reasons: • The development complies with the Provincial Policy Statement and conforms to the Places to Grow Plan for the Greater Horseshoe which encourages the development of complete communities with a diverse mix of land uses and range of housing types; • The development complies with the Regional Official Plan promoting higher densities within the Urban Area. The condominium will provide an alternative form of housing in the Thundering Waters neighbourhood; Page 282 of 751 2 PBD -2018-71 November 13, 2018 • The development is in conformity with the City's Official Plan and Zoning By-law No. 79-200, as amended and varied and, will be compatible with the surrounding development; • The Plan of Condominium will allow individual ownership of the dwelling units; and • City and Regional interests will be addressed through the fulfillment of the conditions contained in Appendix A. BACKGROUND Proposal The applicant is constructing a 10 storey, 150 unit apartment building on the land known as 7711 Green Vista Gate. Refer to Schedule 1 for the location of the parcel. The development is proceeding in accordance with a site plan agreement which was registered on the land on May 9, 2018. Refer to Schedule 2 for the site plan. The applicant has requested approval of a Standard Plan of Condominium to permit individual ownership of the dwelling units and common ownership of the amenities. The driveway, visitor parking area, amenity area and landscaped open space will be owned in common by the condominium. Schedules 3 and 4 illustrate the floor layout of the project. Site Conditions and Surrounding Land Uses The 10 storey, 150 unit apartment building is under construction on the site. The abutting lands to the south, west and east contain the Thundering Waters Golf Course. A feeder railway line is located on the east side to service the Stanley Business Park. Properties to the northeast are developed with on -street townhomes followed by detached dwellings. Circulation Comments • Canada Post No objections, subject to meeting the condition listed in Appendix A. • Enbridge Gas No objections, subject to meeting the conditions listed in Appendix A. • Canadian Pacific Railway No objections, subject to meeting the condition listed in Appendix A. • Regional Municipality of Niagara - No objections, subject to meeting the conditions listed in Appendix A. Page 283 of 751 3 PBD -2018-71 November 13, 2018 ANALYSIS/RATIONALE 1. Provincial Policy Statement and Regional Policy The subject land is located within a Settlement Area under the Provincial Policy Statement (PPS) and within the Delineated Built -Up Area under the 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 encourage the development of complete communities with a diverse mix of land uses and range of housing types, taking into account affordable housing and densities. 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 municipal 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. Once completed, the development will provide 150 new dwelling units within the Urban Area. The condominium apartment units will provide an alternative form of housing in this neighbourhood, which satisfies the policy directions from a Provincial and Regional Policy perspective. 2. Official Plan The subject land is designated Residential and Special Policy Area "53" in the City's Official. The development conforms to the Official Plan as follows: A mix of townhouse and detached dwelling units and one apartment building are anticipated in this area to provide a maximum of 321 dwelling units. The proposed condominium is the anticipated apartment building. The construction of the apartment building was made subject to site plan control which addressed site grading, landscaping, lighting and storm water management. The surrounding area was developed as a vacant land condominium. The subject block is a parcel in the vacant land condominium. The proposed standard plan of condominium will allow individual ownership of the dwelling units in the apartment building. 3. Zoning By-law The subject property is zoned Residential Apartment 5F Density (R5F) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2011-003, and further amended by Committee of Adjustment Application (A-2015-053). Minor variances were granted by the Committee of Adjustment on January 19, 2016 for a partial 11th Page 284 of 751 4 PBD -2018-71 November 13, 2018 storey, including a party room, lounge/dining area, the provision of 1.25 parking spaces per unit and a minimum of 38.65 % of the parcel being landscaped. The Committee of Adjustment required the owners of 7709 and 7714 Green Vista Gate and a spokesperson for the neighbourhood to be involved in the site plan review process. The development conforms to applicable zoning regulations and the site plan was approved with the acceptance of the neighbourhood. 4. Noise, Condominium Design and Conditions of Approval A Noise Feasibility Study prepared by J.E Coulter Associated Limited (dated February 8, 2017) was submitted as part of the site plan approval application. The study found that sound levels in the area exceeded the Ministry of Environment, Conservation and Parks' (MECP) Noise Guidelines. The following mitigations measures were recommended by the Noise Feasibility Study: (a) Provision of central air conditioning for all units; (b) At the time of final design, the rooftop mechanical equipment be reviewed to ensure the building itself and the low-density housing to the north will not be impacted (NOTE: the preliminary review does not suggest there will be any impacts from the mechanical equipment, which is proposed to be shielded by a mechanical penthouse and roof parapet); (c) Inclusion of warning clauses in all Agreements of Purchase and Sale or Lease for all units. The Niagara Region has included the above noted mitigating measures as conditions in Appendix A. The Study also found a significant noise impact from the stationary noise sources (in excess of 27dB above MECP's Noise Guidelines), which is generated from scrap steel being disposed in waste bins (impulse noise) at Salit Steel. The Study recommended mitigation for noise generated by Salit Steel in the form of Salit Steel reviewing its scrap handling process and placement of a 3m high, acoustically lined, solid, 3 sided enclosures directly adjacent to the scrap bins. A noise reduction agreement was completed in April 2018 by Evertrust Development Group Canada Inc. and Upper Canada Vista Niagara Falls Development Corp with Myer Salit Limited and Stanley-Zelco Limited. Salit Steel agreed to reduce the sound levels emanating from the processing plant and lands they use to the limits applicable to a Class 4 Area as set out in NPC -300. By agreement the subject property can be subjected to Class 4 noise levels and this agreement is binding on future owners of all affected properties. Warning clauses to this effect were included in the site plan agreement and are recommended to be included in the condominium agreement as well. The plan of condominium will accommodate the intended division of the dwelling units in the apartment building which will allow for individual ownership. The plan includes above and below ground parking areas, landscape and amenity areas. The developer Page 285 of 751 5 PBD -2018-71 November 13, 2018 will be required to enter into a condominium agreement with the City. The agreement will address any necessary works and warning clauses. The City registered the site plan agreement and the applicant applied for the Building Permits. The City is holding a Letter of Credit (LOC) to ensure compliance with the Site Plan Agreement. The LOC will not be released until all the above ground site serving and landscape works are completed to the City's satisfaction. To ensure site works are completed when ownership is transferred to a condominium corporation, Staff recommend the inclusion of a condition requiring substantial completion and certification of these site works prior to final plan approval. The 5% cash -in -lieu of parkland dedication for the subject property was taken as part of the Thundering Waters Village Vacant Land Condominium. The majority of the standard development issues, including above ground servicing and grading, transportation and landscaping have been addressed in the site plan agreement. Appendix A includes the recommended conditions of approval from Canada Post, Enbridge Gas, Canadian Pacific Railway, Niagara Region, and provision of any necessary easements with a final review to confirm zoning and site plan compliance prior to registration of the condominium. Under Provincial regulations, public notice and the holding of a public meeting are not required prior to Council approving a Standard Plan of Condominium. Matters of public interest were addressed at the zoning approval stage and the site plan stage. 5. Waste Collection and Conditions of Approval Waste Collection for the Proposed Building Condominium Apartment Developments are able to receive waste collection through the local municipality. However, in order for this service to be provided, the developer and/or subsequent owner shall comply with The Regional Municipality of Niagara's Policy's for Collection of Material by Way of Entry on Private Property. The applicant is advised that a key element for garbage collection is that the site is to be adequate for waste collection vehicles to access the site and then leave the site without the need to back out of the driveway. This is not the case. Therefore, it should be noted that private waste collection by the condominium corporation will be provided and appropriate clauses shall be included in the Draft Plan of Condominium Agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling prior to closing. Appendix A includes a condition with regard to waste collection. Waste Collection for the Existing Townhouse Development The subject property currently provides a cul-de-sac turnaround for waste collection vehicles to service the existing townhomes on the south leg of Green Vista Gate. A turnaround must be maintained on the subject property in order for these existing residents to continue to receive Regional waste collection service. Page 286 of 751 6 PBD -2018-71 November 13, 2018 A review of the proposed development layout indicates a waste collection vehicle turnaround on the northwesterly end of the property by using the existing driveways. The developer and/or subsequent owner have designed the turnaround as per The Regional Municipality of Niagara's standards. In addition to the design, the condominium apartment developer/owner shall make arrangements with the neighbouring property for a turnaround on the current development property and any necessary agreements to continue waste service for the properties know as 7660- 7714 Green Vista Drive. Any agreement should stipulate that the property owner agrees to the use of their lands for Regional waste collection vehicles (garbage and recycling) to turnaround on a weekly basis. Additionally, it should be noted that a turnaround, whether a temporary cul-de-sac or the final paved turnaround as shown, must be maintained during all stages of construction for the existing residents without service disruption. Furthermore, the plans should indicate "No Parking" signs along the route in order for waste collection vehicles to move unencumbered. Appendix A includes conditions that address the above requirements with regard to waste collection for the neighbours. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The proposed condominium will generate revenue through property taxes. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed condominium is part of a well-planned City as envisioned by the City's Official Plan and Zoning By-law 79-200, as amended. LIST OF ATTACHMENTS ➢ Schedule 1 — Location Map ➢ Schedule 2 — Site Plan > Schedule 3 and 4 - Floor Layout > Appendix A - Conditions of Draft Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted• Ken Todd, Chief Administrative Officer N.DeBenedetti:mb Attach. S:\PDR\2018\PBD-2018-71, 26CD-11-2018-009, Proposed Plan of Condominium, 7711 Green Vista.docx Page 287 of 751 7 PBD -2018-71 November 13, 2018 SCHEDULE 1 11 L3 6° — WILDRQSE CR pR CRIMSON. liiI1IIILl.101\ to ;..N . is- .0.fivpkg001 n mIMI --III 111 DEERSR rt"N: ONSHEAD AV. Page 288 of 751 8 SCHEDULE 2 PBD -2018-71 November 13, 2018 } 4r 7 • • Page 289 of 751 100 11 imam r 9 PBD -2018-71 November 13, 2018 SCHEDULE 3 Page 290 of 751 ai BERN' 1 a 10 SCHEDULE 4 1 1 r PBD -2018-71 November 13, 2018 Page 291 of 751 11 PBD -2018-71 November 13, 2018 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Draft Plan of Condominium (Standard) prepared by Maja Krcmar, dated August 8, 2018, showing the 150 unit apartment building as well as the common element areas for the driveway, visitor parking, landscape and amenity areas. 2. The developer enter into a condominium agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the division of the land. 3. The developer submits a Solicitor's Certificate of Ownership for the condominium land to the City Solicitor prior to the preparation of the condominium agreement. 4. The developer submits to the City all necessary drawings and information to confirm zoning and confirm substantial completion and certification of site works in accordance with the site plan agreement. 5. The developer supply, install and maintain a centralized mail facility (Lock Box Assembly) at their expense. The Lock Box Assembly must be installed within a common lobby, common indoor or sheltered space and the developer must advise Canada post of the installation date of the Lock Boxes Assembly and the assignment of the unit numbers. 6. a) The applicant shall contact Enbridge Gas Distribution's Customer Connections department by emailing SalesArea80@enbridge.com for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. b) If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant. c) Easement(s) are required to service this development and any future adjacent developments. The applicant will provide all easement(s) to Enbridge Gas Distribution at no cost. d) In the event a pressure reducing regulator station is required, the applicant is to provide a 3 metre by 3 metre exclusive use location that cannot project into the municipal road allowance. The final size and location of the regulator station will be confirmed by Enbridge Gas Distribution's Customer Connections department. For more details contact SalesArea80@enbridge.com. 7. The following clause required to be in all offers to purchase, agreements of purchase and sale or lease and in the title deed or lease of each dwelling: Page 292 of 751 12 PBD -2018-71 November 13, 2018 Canadian Pacific Railway or its assigns or successors in interest has or have a railway right-of-way and yard located within 300 metres from the land subject hereof with operations conducted 24 hours a day, 7 days a week including the shunting of trains and the idling of locomotives. There may be alterations to or expansions of the railway facilities and/or operations in the future, which alterations or expansions may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwellings. CPR will not be responsible for complaints or claims arising from the use of its facilities and/or its operations on, over or under the aforesaid right-of-way and yard. 8. That the Owner agrees to include the following warning clauses in all Agreements of Purchase and Sale or Lease for all units within the development: "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing rail traffic may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the Municipality of the Niagara Region and the Ministry of the Environment, Conservation and Parks' noise criteria." "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Municipality of the Niagara Region and the Ministry of the Environment and Climate Change's noise criteria." "Purchasers are advised that due to the proximity of the adjacent industries (Salit Steel at 7711 Stanley Avenue and ChemTrade at 6300 Oldfield Road), noise from these industries may at time be audible." "All persons intending to acquire an interest in the real property by purchase or lease are advised of the existence of the right-of-way of the Canadian Pacific Railway. In the future, it is possible that such rail facilities and operations may be altered or expanded, which expansion or alteration may affect the living environment of residents despite the inclusion of noise attenuating measures in the design of the site and individual units and that the Canadian Pacific Railway will not be responsible for complaints or claims arising from its use of its facilities and/or arising from its operations." 9. The owner agrees to insert in all offers and agreements of purchase and sale or lease for all dwelling units to survive closing, the following clauses: "Purchasers/Tenants are advised that the property has an easement for the Regional 1050mm watermain and a Regional 600mm/1200mm sewage line and are advised that should any future maintenance, construction and/or emergency work be required, access to the parking lot and underground parking level may be restricted to the dwelling occupants. Niagara Region has no responsibility to accommodate temporary parking during any work and the owner/condominium corporation shall be solely responsible for arranging interim parking. Page 293 of 751 13 And PBD -2018-71 November 13, 2018 Purchasers/Tenants are advised that the property has an easement for the Regional1050mm watermain and a Regional 600mm/1200mm sewage line and are advised that should any future maintenance, construction and/or emergency work be required and that it may generate noise and odour which may occasionally interfere with some activities of the dwelling occupants." 10. That the Owner agrees to include the following warning clauses in all Agreements of Purchase and Sale or Lease for all units within the development: "Purchasers/Tenants are advised that due to the site layout, waste collection for the building will be provided through a private waste collector arranged by the Condominium Corporation and not Niagara Region." 11. The owner/condominium corporation shall be responsible for any restoration work of the easement and any structures (i.e. landscaping, irrigation, etc.) beyond the standard restoration procedures (i.e. sod, asphalt) provided by Niagara Region, in the event that any future maintenance or repair of the Regional lines is required to service the Regional watermain and/or sanitary sewer on the easement. 12. That the owner/condominium corporation of the property acknowledges that the development does not comply with the Regional Municipality of Niagara Policy C3.0007, Requirements for Commencement of Collection for New and Redevelopments for Regional waste collection of the units at 7711 Green Vista Gate and that private waste collection will be provided for the site. 13. That the developer and/or subsequent owner shall enter into an agreement with the neighbouring owner/condominium management corporation (for Units 7660-7714 Green Vista Gate) acknowledging and permitting the use of the private property at 7711 Green Vista Gate to contain a turnaround for Regional waste collection vehicles to service the neighbouring residences. Any agreement for maintenance of the turnaround shall be between the two parties. The turnaround and any necessary maintenance, "No Parking" signage, shall comply with the Regional Municipality of Niagara Policy C3.0007, Requirements for Commencement of Collection for New and Redevelopments, to the satisfaction of the Regional Public Works Department. 14. That the owner/condominium corporation shall enter into an indemnity agreement with the Regional Municipality of Niagara Public Works Department to enter onto the lands at 7711 Green Vista Gate, with Regional waste collection vehicles servicing the residents 7660-7714 Green Vista Gate. 15. That developer/subsequent owner provide a temporary cul-de-sac or turnaround designed for waste collection vehicles during construction which must be maintained during all stages of construction of the 7711 Green Vista Gate for the existing residents (Units 7660-7714 Green Vista Gate) without service disruption. 16. That the owner provides a written acknowledgement to Niagara Region stating that draft approval of this condominium does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan Page 294 of 751 14 PBD -2018-71 November 13, 2018 is registered and that any pre -servicing will be at the sole risk and responsibility of the owner. 17. That the owner submits a written undertaking to Niagara Region that all offers and agreements of Purchase and Sale, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that a servicing allocation for this development will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement. Notes: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. 2. Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clause pertaining to this condition has been included. A copy of the executed agreement shall also be provided prior to registration. 3. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together with all studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft condominium agreement shall be submitted to the Niagara Region by the applicant as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from the following applicable agencies indicating that their respective conditions have been satisfied: Canada Post for Condition 5 Enbridge Gas Distribution Inc. for Condition 6 Canadian Pacific Railway for Condition 7 Region of Niagara for Conditions 8-17 (inclusive) Page 295 of 751 Niagarajalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-31 Monthly Tax Receivables Report — July F-2018-31 November 13, 2018 RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of July 31, 2018 were $15.4 million compared to $14.8 million in 2017. During July, tax receivables as a percentage of taxes billed increased slightly from 29.4% in 2017 to 29.7% in 2018. The City's finance staff has had continued success in resolving properties that are subject to registration for 2018. At this stage 91.5% of properties have developed payment arrangements or have paid in full. There are currently eight properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. ANALYSIS/RATIONALE Tax collection for 2018 lags slightly behind the collection history for 2017 in the month of July. Table 1 shows that taxes outstanding at July 31, 2018 are $15.4 million. This represents an increase from $14.8 million in arrears for the same period in 2017. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class has increased slightly from a year ago, whereas the residential property class has decreased slightly. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2018, 249 properties were subject to registration. Table 3 summarizes the progress of these actions after seven months of activity. This table shows 91.5% of the tax accounts or 228 properties have been paid in full or the owners have made suitable payment arrangements. During July, eight accounts were paid in full. In addition, the number of Page 296 of 751 2 F-2018-31 November 13, 2018 accounts with suitable payment arrangements including full payments increased from 88.7% (June) to 91.5% (July). Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of July there were no changes to the number of registered properties. The outstanding taxes for registered properties represents 0.4% of the total taxes to be collected. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at July 31, 2018 is 29.7% which is a slight increase from 2017's value of 29.4%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Taxes Receivable at July 31, 2018 Taxes Receivable by Property Class at July 31, 2018 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Recommended by: Tiffany Clark, Acting Director of Finance Respectfully submitted. Ken Todd, Chief Administrative Officer A. Ferguson Page 297 of 751 TABLE TABLE 1 Taxes Receivable at July 31, 2018 2018 2017 Outstanding Taxes @ June 30, 2018 $ 20,182,577 $ 19,520,056 Penalty charged in July $ 160,851 $ 156,074 Taxes Collected during July $ 4,926,660 $ 4,831,700 Outstanding Taxes @ July 31 $ 15,416,768 $ 14,844,430 Taxes Billed and Due September 28, 2018 $ 27,321,776 $ 26,227,038 Total Taxes to be Collected $ 42,738,544 Ipl $ 41,071,468 2 Taxes Receivable by Property Class at July 31, 2018 2018 Taxes Owing % of Class 2017 Taxes Owing % of Class Residential $ 37,099,455 86.81% $ 35,866,796 87.33% Multi -Residential $ 119,579 0.28% $ 234,350 0.57% Commercial $ 4,904,837 11.48% $ 4,282,422 10.43% Industrial $ 519,496 1.22% $ 570,883 1.39% Farmlands $ 95,177 0.22% $ 117,017 0.28% Total Receivables $ 42,738,544 100.00% $ 41,071,468 100.00% Page 298 of 751 TABLE TABLE 3 Number of Properties Subject to Registration as at June 30, 2018 Number of Properties Subject to Registration as at July 31, 2018 0/0 Initial Amount (January 1, 2018) 249 249 Paid in Full 69 77 30.9% Payment Arrangements 152 151 60.6% Ongoing Collection Action 28 21 8.4% Registered 0 0 0.0% 249 249 100.0% 4 Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount November 2018 4 $ 89,450 May 2019 4 $ 63,839 Totals 8 $ 153,289 Page 299 of 751 Niagarajalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-32 Monthly Tax Receivables Report — August F-2018-32 November 13, 2018 RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of August 31, 2018 were $13.5 million compared to $13.9 million in 2017. During August, tax receivables as a percentage of taxes billed decreased slightly from 33.9% in 2017 to 33.6% in 2018. The City's finance staff has had continued success in resolving properties that are subject to registration for 2018. At this stage 91.5% of properties have developed payment arrangements or have paid in full. There are currently nine properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. ANALYSIS/RATIONALE Tax collection for 2018 improved during the month of August. Table 1 shows that taxes outstanding at August 31, 2018 are $13.5 million. This represents a decrease from $13.9 million in arrears for the same period in 2017. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the residential and commercial property class have increased slightly from a year ago. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2018, 249 properties were subject to registration. Table 3 summarizes the progress of these actions after eight months of activity. This table shows 91.5% of the tax accounts or 228 properties have been paid in full or the owners have made suitable payment arrangements. During August, eight accounts were paid in full. In addition, the number Page 300 of 751 2 F-2018-32 November 13, 2018 of accounts with suitable payment arrangements including full payments stayed the same as the previous month at 91.5%. Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of August one property was registered. The outstanding taxes for registered properties represents 0.3% of the total taxes to be collected. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at August 31, 2018 is 33.6% which is a slight decrease from 2017's value of 33.9%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Taxes Receivable at August 31, 2018 Taxes Receivable by Property Class at August 31, 2018 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Recommended by: Tiffany Clark, Acting Director of Finance Respectfully submitted. Ken Todd, Chief Administrative Officer A. Ferguson Page 301 of 751 TABLE TABLE 1 Taxes Receivable at August 31, 2018 2018 2017 Outstanding Taxes @ July 31, 2018 $ 15,416,768 $ 14,844,430 Taxes Billed and Due August 31, 2018 $ 23,361,648 $ 22,473,517 Penalty charged in August $ 172,579 $ 178,820 Taxes Collected during August $ 25,436,459 $ 23,593,116 Outstanding Taxes @ August 31 $ 13,514,536 $ 13,903,651 Taxes Billed and Due September 28, 2018 $ 27,321,776 $ 26,227,038 Taxes Billed and Due October 31, 2018 $ 23,361,647 $ 22,473,516 Total Taxes to be Collected $ 64,197,960 $ 62,604,205 2 Taxes Receivable by Property Class at August 31, 2018 2018 Taxes Owing % of Class 2017 Taxes Owing % of Class Residential $ 33,287,262 51.85% $ 32,206,589 51.44% Multi -Residential $ 2,117,663 3.30% $ 2,417,509 3.86% Commercial $ 26,760,565 41.68% $ 25,863,799 41.31% Industrial $ 1,939,688 3.02% $ 1,993,428 3.18% Farmlands $ 92,781 0.14% $ 122,880 0.20% Total Receivables $ 64,197,959 100.00% $ 62,604,205 100.00% Page 302 of 751 TABLE TABLE 3 Number of Properties Subject to Registration as at July 31, 2018 Number of Properties Subject to Registration as at August 31, 2018 0/0 Initial Amount (January 1, 2018) 249 249 Paid in Full 77 85 34.1% Payment Arrangements 151 143 57.4% Ongoing Collection Action 21 20 8.0% Registered 0 1 0.4% 249 249 100.0% 4 Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount November 2018 4 $ 90,183 May 2019 4 $ 64,778 November 2019 1 $ 11,011 Totals 9 $ 165,972 Page 303 of 751 Niagarajalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance F-2018-33 November 13, 2018 SUBJECT: F-2018-33 Monthly Tax Receivables Report — September RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of September 30, 2018 were $23.5 million compared to $23.1 million in 2017. During September, tax receivables as a percentage of taxes billed increased slightly from 25.4% in 2017 to 26.1% in 2018. The City's finance staff has had continued success in resolving properties that are subject to registration for 2018. At this stage 92.7% of properties have developed payment arrangements or have paid in full. There are currently seven properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. ANALYSIS/RATIONALE Tax collection for 2018 lags slightly behind the collection history for 2017. Table 1 shows that taxes outstanding at September 30, 2018 are $23.5 million. This represents an increase from $23.1 million in arrears for the same period in 2017. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class has decreased slightly from a year ago, whereas the residential property class has increased slightly. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2018, 249 properties were subject to registration. Table 3 summarizes the progress of these actions after nine months of activity. This table shows 92.7% of the tax accounts or 231 properties have been paid in full or the owners have made suitable payment arrangements. During September, one account was paid in full. In addition, the number of accounts with suitable Page 304 of 751 2 F-2018-33 November 13, 2018 payment arrangements including full payments increased from 91.5% (August) to 92.7% (September). Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of September one property was registered and three properties were redeemed. The outstanding taxes for registered properties represents 0.2% of the total taxes to be collected. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at September 30, 2018 is 26.1 % which is a slight increase from 2017's value of 25.4%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Taxes Receivable at September 30, 2018 Taxes Receivable by Property Class at September 30, 2018 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Recommended by: Tiffany Clark, Acting Director of Finance Respectfully submitted. Ken Todd, Chief Administrative Officer A. Ferguson Page 305 of 751 TABLE TABLE 1 Taxes Receivable at September 30, 2018 2018 2017 Outstanding Taxes @ August 31, 2018 $ 13,514,536 $ 13,903,651 Taxes Billed and Due September 28, 2018 $ 27,321,776 $ 194,992 $ 26,227,038 Penalty charged in September $ 194,576 Taxes Collected during September $ 17,504,484 $ 17,243,707 Outstanding Taxes @ September 30, 2018 $ 23,526,820 $ 23,081,558 Taxes Billed and Due October 31, 2018 $ 23,361,647 $ 22,473,516 Supplemental Due October 31, 2018 $ 2,019,777 $ 919,916 Supplemental Due November 30, 2018 $ 2,019,777 $ 919,916 Total Taxes to be Collected $ 50,928,021 $ 47,394,906 2 Taxes Receivable by Property Class at September 30, 2018 2018 Taxes Owing % of Class 2017 Taxes Owing % of Class Residential $ 23,084,826 45.33% $ 20,547,333 43.35% Multi -Residential $ 1,801,789 3.54% $ 1,806,315 3.81% Commercial $ 23,910,868 46.95% $ 23,271,974 49.10% Industrial $ 2,086,947 4.10% $ 1,694,411 3.58% Farmlands $ 43,592 0.09% $ 74,873 0.16% Total Receivables $ 50,928,021 100.00% $ 47,394,906 100.00% Page 306 of 751 TABLE TABLE 3 Number of Properties Subject to Registration as at August 31, 2018 Number of Properties Subject to Registration as at September 30, 2018 Initial Amount (January 1, 2018) 249 249 Paid in Full 85 86 34.5% Payment Arrangements 143 145 58.2% Ongoing Collection Action 20 16 6.4% Registered 1 2 0.8% 249 249 100.0% 4 Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount November 2018 1 $ 2,846 May 2019 4 $ 65,455 November 2019 2 $ 53,829 Totals 7 $ 122,129 Page 307 of 751 F-2018-34 November 13, 2018 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-34 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $91,576,795.34 for the period July 26, 2018 to October 24, 2018. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: Tiffany Clark, Acting Director of Finance Respectfully submitted• Ken Todd, Chief Administrative Officer Page 308 of 751 Page 1 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME 1057642 ONTARIO 1165436 ONTARIO 1185844 ONTARIO 1578917 ONTARIO 1578917 ONTARIO 1578917 ONTARIO Cheque No. Cheque Date LTD 418818 05 -Sep -2018 INC 418819 05 -Sep -2018 INC. O/A RAINBOW PURE WATER 419256 19 -Sep -2018 LIMITED O/A WILLIAMS PLUMBING AND HEATIP418820 05 -Sep -2018 LIMITED O/A WILLIAMS PLUMBING AND HEATIF 419035 12 -Sep -2018 LIMITED O/A WILLIAMS PLUMBING AND HEATIF420401 24 -Oct -2018 1584561 ONTARIO INC 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1776415 ONTARIO LTD C/A PURE WATER NIAGARA 1888029 ONTARIO INC 1948059 ONTARIO LIMITED 2 GUY'S GLASS INC 2030688 ONTARIO LTD. 2030688 ONTARIO LTD. 2030688 ONTARIO LTD. 2095527 ONTARIO LTD 2095527 ONTARIO LTD 2095527 ONTARIO LTD 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 2234685 ONTARIO INC 2249419 ONTARIO INC 2265160 ONTARIO INC O/A HICKORY DICKORY DECKS NIAGARA 2318330 ONTARIO INC 2348441 ONTARIO INC C/A MR QUICK CAR WASH 2348441 ONTARIO INC O/A MR QUICK CAR WASH 2535110 ONTARIO LIMITED 2535110 ONTARIO LIMITED 2535110 ONTARIO LIMITED 2568221 ONTARIO INC 2578139 ONTARIO INC O/A HALCO MOBILE 2578139 ONTARIO INC O/A HALCO MOBILE 2578139 ONTARIO INC C/A HALCO MOBILE 2578139 ONTARIO INC O/A HALCO MOBILE 2595137 ONTARIO INC 2M ARCHITECTS INC 4 IMPRINT INC 407 ETR EXPRESS TOLL ROUTE 4537173 CANADA INC 4588 QUEEN STREET LTD 656508 ONTARIO LIMITED 6M CONTRACTING LTD 772411 ONTARIO INC 797045 ONTARIO LTD 800460 ONTARIO LTD. 800460 ONTARIO LTD. 8314004 CANADA INC 8314004 CANADA INC 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 942352 ONTARIO LIMITED CIA BRISK ALL GLASS 942352 ONTARIO LIMITED CIA BRISK ALL GLASS 942352 ONTARIO LIMITED OM BRISK ALL GLASS 942352 ONTARIO LIMITED CIA BRISK ALL GLASS 942352 ONTARIO LIMITED CIA BRISK ALL GLASS 984265 ONTARIO LTD o/a CIRCLE P PAVING 984265 ONTARIO LTD o/a CIRCLE P PAVING 984265 ONTARIO LTD o/a CIRCLE P PAVING 984265 ONTARIO LTD o/a CIRCLE P PAVING 984265 ONTARIO LTD o/a CIRCLE P PAVING 984265 ONTARIO LTD o/a CIRCLE P PAVING A J SLINGER SERVICE A J SLINGER SERVICE A N MYER SECONDARY SCHOOL 419942 11 -Oct -2018 417985 01 -Aug -2018 418188 08 -Aug -2018 418324 15 -Aug -2018 418476 22 -Aug -2018 418821 05 -Sep -2018 419036 12 -Sep -2018 419257 19 -Sep -2018 419504 26 -Sep -2018 419757 03 -Oct -2018 419943 11 -Oct -2018 420141 17 -Oct -2018 420402 24 -Oct -2018 420142 17 -Oct -2018 419944 11 -Oct -2018 419507 26 -Sep -2018 418560 22 -Aug -2018 419364 19 -Sep -2018 420526 24 -Oct -2018 417986 01 -Aug -2018 419758 03 -Oct -2018 419037 12 -Sep -2018 418189 08 -Aug -2018 418325 15 -Aug -2018 419258 19 -Sep -2018 420403 24 -Oct -2018 417987 01 -Aug -2018 419945 11 -Oct -2018 418822 05 -Sep -2018 418477 22 -Aug -2018 419505 26 -Sep -2018 419259 19 -Sep -2018 420143 17 -Oct -2018 420404 24 -Oct -2018 419759 03 -Oct -2018 420144 17 -Oct -2018 417988 01 -Aug -2018 418478 22 -Aug -2018 419506 26 -Sep -2018 419946 11 -Oct -2018 420405 24 -Oct -2018 419760 03 -Oct -2018 419508 26 -Sep -2018 418479 22 -Aug -2018 418646 29 -Aug -2018 419937 04 -Oct -2018 418190 08 -Aug -2018 417989 01 -Aug -2018 420406 24 -Oct -2018 419260 19 -Sep -2018 420145 17 -Oct -2018 419039 12 -Sep -2018 419261 19 -Sep -2018 419761 03 -Oct -2018 419947 11 -Oct -2018 420146 17 -Oct -2018 418480 22 -Aug -2018 419040 12 -Sep -2018 419509 26 -Sep -2018 418191 08 -Aug -2018 418647 29 -Aug -2018 419041 12 -Sep -2018 419262 19 -Sep -2018 419510 26 -Sep -2018 420408 24 -Oct -2018 418197 08 -Aug -2018 418331 15 -Aug -2018 419768 03 -Oct -2018 Purpose REFUND REFUND MATERIALS MATERIALS MATERIALS SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND MATERIALS LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS MATERIALS CONTRACT SERVICES REFUND REFUND REFUND REFUND REFUND REFUND CONTRACT SERVICES MATERIALS REFUND REFUND REFUND REFUND MATERIALS SERVICES SERVICES SERVICES REFUND REFUND MATERIALS SERVICES REFUND REFUND REFUND REFUND REFUND REFUND CONTRACT SERVICES REFUND REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS SERVICES SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS GRANT Amount 3,000.00 500.00 681.25 8,830.02 5,180.81 1,328.88 1,250.00 1,218.75 56.25 25.00 50.00 43.75 400.00 168.75 43.75 31.25 18.75 43.75 31.25 64.07 1,250.00 66.50 9,570.31 9,570.31 9,570.31 1,423.80 1,423.80 1,423.80 3,507.52 1,250.00 500.00 65.00 1,250.00 500.00 1,000.00 177.41 172.89 1,250.00 1,250.00 1,250.00 112.38 621.50 621.50 621.50 621.50 1,250.00 1,250.00 639.85 57.82 175.52 2,177.90 579,219.63 750.00 750.00 74.89 6,700.34 142.81 150.00 150.00 433.92 1,288.99 209.05 604.55 121.19 1,655.45 44,790.92 65,958.55 84,668.36 505,718.59 4,353.72 101,579.96 1,631.44 1,483.13 100.00 Page 309 of 751 Page 2 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME A&A EXHAUST SYSTEMS A.M.R.B. HOLDINGS LTD O/A MR ROOTER PLUMBING AAA BIGGAR'S LOCKSMITH & SECURITY AAA BIGGAR'S LOCKSMITH & SECURITY AAA BIGGAR'S LOCKSMITH & SECURITY AAA STEAM CARPET CLEANING AAJIMATICS INC. AAJIMATICS INC. ABBRUSCATO,ANTHONY ABBRUSCATO,JIM ABCEDE,FELIX ABLE PRINTING INC ABSOLUTE COMMUNICATION & DESIGN ACA ENGINEERING SERVICES ACA ENGINEERING SERVICES ACA ENGINEERING SERVICES ACAPULCO POOLS ACCESSRAMP & MOBILITY SYSTEMS INC. ACCESSRAMP & MOBILITY SYSTEMS INC. ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ACCU LOCK AND SECURITY ADE W UMI,AYO ADMOR INDUSTRIAL DOCK & DOOR SYSTEMS INC. ADVANCE TOWING & RECOVERY ADVANCE TOWING & RECOVERY ADVANCE TOWING & RECOVERY ADVANCE TOWING & RECOVERY ADVANCE TOWING & RECOVERY ADVANCE TOWING & RECOVERY ADVANCE TOWING & RECOVERY ADVANCE TOWING & RECOVERY ADVANCE TOWING & RECOVERY ADVANCE TOWING & RECOVERY ADVANCE TOWING & RECOVERY ADVANCE TOWING & RECOVERY AECOM CANADA LTD AECOM CANADA LTD AFTERMARKET PARTS COMPANY LLC AFTERMARKET PARTS COMPANY LLC AFTERMARKET PARTS COMPANY LLC AFTERMARKET PARTS COMPANY LLC AFTERMARKET PARTS COMPANY LLC AFTERMARKET PARTS COMPANY LLC AFTERMARKET PARTS COMPANY LLC AFTERMARKET PARTS COMPANY LLC AFTERMARKET PARTS COMPANY LLC AFTERMARKET PARTS COMPANY LLC AGL GRASS AGL GRASS AGUINAGA,ROSITA AHMED,AWAIS& BANGASH, SAIMA AINSLIE,R. TOD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIRD & BERLIS LLP AIRD & BERLIS LLP AIRD & BERLIS LLP AJ STONE COMPANY LTD AJ STONE COMPANY LTD AJ STONE COMPANY LTD Cheque No. Cheque Date 419264 19 -Sep -2018 419956 11 -Oct -2018 419511 26 -Sep -2018 419263 19 -Sep -2018 418648 29 -Aug -2018 419512 26 -Sep -2018 418327 15 -Aug -2018 419948 11 -Oct -2018 418481 22 -Aug -2018 420147 17 -Oct -2018 417992 01 -Aug -2018 420409 24 -Oct -2018 419265 19 -Sep -2018 420148 17 -Oct -2018 417990 01 -Aug -2018 418192 08 -Aug -2018 418482 22 -Aug -2018 419514 26 -Sep -2018 418483 22 -Aug -2018 417991 01 -Aug -2018 419762 03 -Oct -2018 419949 11 -Oct -2018 420149 17 -Oct -2018 418649 29 -Aug -2018 419515 26 -Sep -2018 420410 24 -Oct -2018 419516 26 -Sep -2018 419266 19 -Sep -2018 417993 01 -Aug -2018 420150 17 -Oct -2018 420411 24 -Oct -2018 418823 05 -Sep -2018 419042 12 -Sep -2018 419267 19 -Sep -2018 419517 26 -Sep -2018 419763 03 -Oct -2018 419950 11 -Oct -2018 418193 08 -Aug -2018 418328 15 -Aug -2018 418484 22 -Aug -2018 418329 15 -Aug -2018 419268 19 -Sep -2018 417994 01 -Aug -2018 418194 08 -Aug -2018 418485 22 -Aug -2018 419043 12 -Sep -2018 419269 19 -Sep -2018 419518 26 -Sep -2018 419764 03 -Oct -2018 419951 11 -Oct -2018 420151 17 -Oct -2018 420412 24 -Oct -2018 417995 01 -Aug -2018 418650 29 -Aug -2018 418486 22 -Aug -2018 419519 26 -Sep -2018 420413 24 -Oct -2018 419765 03 -Oct -2018 420152 17 -Oct -2018 420414 24 -Oct -2018 418195 08 -Aug -2018 419044 12 -Sep -2018 419520 26 -Sep -2018 419952 11 -Oct -2018 417996 01 -Aug -2018 418330 15 -Aug -2018 418487 22 -Aug -2018 419270 19 -Sep -2018 418196 08 -Aug -2018 420415 24 -Oct -2018 419756 01 -Oct -2018 418198 08 -Aug -2018 418488 22 -Aug -2018 419271 19 -Sep -2018 Purpose SERVICES REFUND CONTRACT SERVICES MATERIALS SERVICES CONTRACT SERVICES TRAINING TRAINING SERVICES REFUND SERVICES ADVERTISING SERVICES CONTRACT SERVICES SERVICES SERVICES MATERIALS MATERIALS SERVICES SURPLUS FUNDS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES VEH ID#2576 VEH ID#2679 VEH ID#694 CONSULTING SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS REFUND REFUND SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES CONSULTING SERVICES CONSULTING SERVICES SERVICES MATERIALS MATERIALS MATERIALS Amount 1,536.96 750.00 73.45 154.97 135.60 2,847.89 762.75 762.75 210.00 537.03 250.00 197.75 1,522.68 176.28 345.78 866.48 15,771.64 904.00 904.00 22,146.07 180.80 180.80 209.05 302.28 723.20 38.10 64.26 1,080.00 1,067.85 282.50 491.55 1,457.70 197.75 395.50 4,028.45 480.25 485.90 621.50 1,751.50 1,101.75 13,989.26 5,685.89 2,584.31 319.29 2,363.38 4,183.24 5,588.50 3,132.23 151.87 4,879.01 2,083.52 3,399.09 19,577.25 1,101.75 230.00 105.54 1,621.00 480.16 779.70 183.63 3,663.05 3,463.98 4,909.84 229.89 3,964.88 183.63 3,258.26 1,482.20 841.85 61,677.38 27,550.21 2,449.84 40.05 3,427.29 Page 310 of 751 Page 3 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME AJ STONE COMPANY LTD AL MAKHOUL,HAIDA ALBANESE,LORI ALEXANDER,RICHARD ALFARO,JUAN RENE ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFRED BEAM EXCAVATION LTD ALFRED BEAM EXCAVATION LTD ALISAWI,LOUAY ALISON'S SPORTS AWARDS & PROMOTIONS ALISON'S SPORTS AWARDS & PROMOTIONS ALISON'S SPORTS AWARDS & PROMOTIONS ALL GREEN IRRIGATION ALL STAR MECHANICAL ALLEGRA,ANGELO ALLEN TREE SERVICE ALLEN TREE SERVICE ALLEN,MIKE& TONON, CHRISTINE ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLEN'S LANDSCAPE SUPPLY DEPOT INC ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC ALTIERI BUILDING SUPPLIES LTD ALTIERI BUILDING SUPPLIES LTD ALTIERI BUILDING SUPPLIES LTD ALTIERI BUILDING SUPPLIES LTD ALTIERI BUILDING SUPPLIES LTD ALTIERI BUILDING SUPPLIES LTD ALTIERI BUILDING SUPPLIES LTD ALTIERI BUILDING SUPPLIES LTD ALVI PROPERTIES INC AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMERICANA CONFERENCE RESORT & SPA AMG ENVIRONMENTAL INC AMG ENVIRONMENTAL INC AMG ENVIRONMENTAL INC AN,SUNGSOOK ANDERSON ART APPAREL ANDREW,CHRISTINE ANDREWS,EMILY ANDREWS,EMILY ANDREWS,EMILY ANDREWS,EMILY ANICETO,SANTOS ANTHONY'S EXCAVATING CENTRAL INC ANTHONY'S EXCAVATING CENTRAL INC ANTONIO,JACOB ANTONIO,JAMES PETER APA CANADA INC AGENCY APARATO,SANCHO& APARATO, MARIA PAZ APPLIED GEOLOGICS INC AQUA PLANS AQUATIC CONSULTANTS INC. AQUA PLANS AQUATIC CONSULTANTS INC. ARCHAEOLOGICAL SERVICES INC ARCHER TRUCK SERVICES LTD Cheque No. Cheque Date 420416 24 -Oct -2018 419047 12 -Sep -2018 418489 22 -Aug -2018 418332 15 -Aug -2018 418333 15 -Aug -2018 418824 05 -Sep -2018 417997 01 -Aug -2018 418199 08 -Aug -2018 418651 29 -Aug -2018 419272 19 -Sep -2018 419521 26 -Sep -2018 419766 03 -Oct -2018 420153 17 -Oct -2018 420417 24 -Oct -2018 419273 19 -Sep -2018 420154 17 -Oct -2018 420155 17 -Oct -2018 418491 22 -Aug -2018 419953 11 -Oct -2018 420156 17 -Oct -2018 418334 15 -Aug -2018 418000 01 -Aug -2018 420418 24 -Oct -2018 419274 19 -Sep -2018 419045 12 -Sep -2018 420421 24 -Oct -2018 417998 01 -Aug -2018 418200 08 -Aug -2018 418492 22 -Aug -2018 419954 11 -Oct -2018 420419 24 -Oct -2018 417999 01 -Aug -2018 419046 12 -Sep -2018 419275 19 -Sep -2018 420420 24 -Oct -2018 418201 08 -Aug -2018 418493 22 -Aug -2018 419048 12 -Sep -2018 419523 26 -Sep -2018 419767 03 -Oct -2018 419955 11 -Oct -2018 420157 17 -Oct -2018 420422 24 -Oct -2018 418825 05 -Sep -2018 00166-0001 30 -Jul -2018 00173-0001 10 -Sep -2018 00179-0001 09 -Oct -2018 00168-0001 13 -Aug -2018 00170-0001 27 -Aug -2018 00175-0001 24 -Sep -2018 00182-0001 22 -Oct -2018 420158 17 -Oct -2018 418001 01 -Aug -2018 419524 26 -Sep -2018 419049 12 -Sep -2018 420159 17 -Oct -2018 420424 24 -Oct -2018 418002 01 -Aug -2018 418335 15 -Aug -2018 418494 22 -Aug -2018 419525 26 -Sep -2018 420423 24 -Oct -2018 418495 22 -Aug -2018 418496 22 -Aug -2018 420160 17 -Oct -2018 419276 19 -Sep -2018 420425 24 -Oct -2018 WIRE 27 -Sep -2018 419526 26 -Sep -2018 420426 24 -Oct -2018 418003 01 -Aug -2018 419957 11 -Oct -2018 419769 03 -Oct -2018 419050 12 -Sep -2018 Purpose MATERIALS REFUND TRAVEUMILEAGE MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS SERVICES CONTRACT SERVICES TRAVEUMILEAGE CONTRACT SERVICES SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE LEASES AND RENTS CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND MATERIALS REFUND GRANT MATERIALS SERVICES SERVICES MATERIALS CONTRACT SERVICES SERVICES REFUND REFUND MATERIALS REFUND SUBSCRIPTION CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS Amount 19,153.50 167.57 130.68 169.99 50.00 10,125.13 46,410.99 5,777.61 234,945.63 376,908.11 57,278.55 5,959.00 88,850.08 38,592.56 197,914.65 77,795.61 135.94 337.87 1,362.22 25.43 514.15 3,900.00 35.64 28,476.00 17,465.28 210.74 5,692.64 73.22 320.35 63.06 66.31 788.64 453.33 58.76 467.35 1,351.48 907.36 289.43 297.25 130.52 231.42 396.77 101.70 750.00 5,131.78 5,209.95 5,317.73 5,080.74 5,132.85 5,236.00 5,329.30 565.00 4,746.00 5,537.00 4,746.00 1,026.54 35.00 750.00 210.00 750.00 850.00 750.00 146.89 13,740.80 16,876.55 500.00 750.00 62,500.00 2.57 97,592.45 2,373.00 847.50 2,486.00 1,527.37 Page 311 of 751 Page 4 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD ARCHITECTURAL MILLWORK NIAGARA ARIVA ARIVA ARLETTI,ERIC ARMENTI,ALBERTO& ARMENTI, RAFFAELA ARMSTRONG,JIM ARMSTRONG,JOANNE ARSENAULT,DAVE ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ARTISTA DESIGN & PRINT INC ART'S TOOL SALES OF NIA LTD. ASAD,ALI ASAP SECURED INC ASHWANI,SHARMA ASIFLUID MANAGEMENT ASIFLUID MANAGEMENT ASSEMBLE -RITE LTD (NIAGARA) ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD ATFOCUS INC ATTENBOROUGH,DEBRA AUBERTIN,AMANDA AUTOMATION DEVICES CANADA LIMITED AVIS CAR INC AYRE,BARBARA B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & B LIFT TRUCK SERVICE B & S POOL SERVICES B & S POOL SERVICES BABINEAU,BERT BAGLIERI,CAREY BAGLIERI,CAREY BAGLIERI,JONATHAN BAIJNATH,LALMAN BAILEY,CHEYENNE BAIN PRINTING LIMITED BAIN PRINTING LIMITED BAIN PRINTING LIMITED BAIN PRINTING LIMITED BAIN PRINTING LIMITED BAIN PRINTING LIMITED BAKER BAKER BAKER BAKER BAKER BAKER BAKER BAKER BARANIK,JEAN-ANN BARRY,RHIANNON BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD EQUIPMENT RENTALS Cheque No. Cheque Date 419527 26 -Sep -2018 419770 03 -Oct -2018 419277 19 -Sep -2018 418202 08 -Aug -2018 418497 22 -Aug -2018 418336 15 -Aug -2018 418004 01 -Aug -2018 418337 15 -Aug -2018 418005 01 -Aug -2018 419528 26 -Sep -2018 420427 24 -Oct -2018 420428 24 -Oct -2018 420161 17 -Oct -2018 419771 03 -Oct -2018 420429 24 -Oct -2018 420162 17 -Oct -2018 418006 01 -Aug -2018 418338 15 -Aug -2018 418498 22 -Aug -2018 418826 05 -Sep -2018 419051 12 -Sep -2018 419278 19 -Sep -2018 419529 26 -Sep -2018 419772 03 -Oct -2018 419959 11 -Oct -2018 420430 24 -Oct -2018 418499 22 -Aug -2018 419279 19 -Sep -2018 418500 22 -Aug -2018 419052 12 -Sep -2018 419530 26 -Sep -2018 419280 19 -Sep -2018 420163 17 -Oct -2018 420164 17 -Oct -2018 419053 12 -Sep -2018 419054 12 -Sep -2018 419531 26 -Sep -2018 420165 17 -Oct -2018 419532 26 -Sep -2018 419281 19 -Sep -2018 420166 17 -Oct -2018 419537 26 -Sep -2018 418829 05 -Sep -2018 419057 12 -Sep -2018 419283 19 -Sep -2018 418340 15 -Aug -2018 418007 01 -Aug -2018 418501 22 -Aug -2018 418827 05 -Sep -2018 419533 26 -Sep -2018 420167 17 -Oct -2018 419960 11 -Oct -2018 418828 05 -Sep -2018 418362 15 -Aug -2018 419961 11 -Oct -2018 420431 24 -Oct -2018 418008 01 -Aug -2018 418502 22 -Aug -2018 419773 03 -Oct -2018 420168 17 -Oct -2018 418009 01 -Aug -2018 418203 08 -Aug -2018 418652 29 -Aug -2018 419055 12 -Sep -2018 419282 19 -Sep -2018 419534 26 -Sep -2018 419962 11 -Oct -2018 420432 24 -Oct -2018 420169 17 -Oct -2018 419535 26 -Sep -2018 419963 11 -Oct -2018 418010 01 -Aug -2018 418339 15 -Aug -2018 418503 22 -Aug -2018 Purpose MATERIALS MATERIALS SERVICES VEH ID# PUMPER#5 VEH ID#684 VEH ID#84 VEH ID#E4 MATERIALS MATERIALS MATERIALS TRAVEL/MILEAGE REFUND REFUND GRANT TRAVEUMILEAGE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SUPPLIES MATERIALS REFUND SERVICES REFUND SERVICES SUBSCRIPTION REFUND CONSULTING SERVICES SERVICES SERVICES GRANT REFUND MATERIALS REFUND REFUND CONTRACT SERVICES MATERIALS MATERIALS MATERIALS SERVICES CONTRACT SERVICES MATERIALS REFUND GRANT TRAINING REFUND REFUND REFUND ADVERTISING CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND GRANT CONTRACT SERVICES MATERIALS MATERIALS MATERIALS Amount 1,743.59 691.77 5,318.07 4,403.19 4,288.40 429.00 68.27 54.24 283.89 93.68 34.56 150.00 40.00 75.00 28.62 1,388.77 754.84 237.30 531.10 1,180.85 1,802.35 254.82 378.55 56.50 1,551.49 1,452.05 158.18 28.00 591.71 100.00 369.06 1,124.35 636.11 13,512.82 5,781.65 1,994.45 2,250.00 136.05 231.85 35.00 161.52 649.99 773.96 153.15 208.61 972.52 3,410.34 558.22 500.00 850.00 24.92 211.80 500.00 65.00 259.90 423.75 395.50 226.00 395.50 1,020.39 330.51 189.50 85.07 377.86 561.84 181.25 127.60 474.92 212.25 850.00 1,033.88 6,348.24 16,971.11 3,148.02 Page 312 of 751 Page 5 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME BATTLEFIELD EQUIPMENT RENTALS BATTLEFIELD EQUIPMENT RENTALS BEATTIES BEAUDRY,JESSICA BEEBE JONES,JENNIFER BELCASTRO,JIMMY BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BELL CANADA - PUBLIC ACCESS BELL CANADA - PUBLIC ACCESS BELL CANADA - PUBLIC ACCESS BELL MOBILITY INC. BELL MOBILITY INC. BELL MOBILITY INC. BELL,CHASE WILLIAM BELLAMY,DAN BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BENNETT,CATHARINE BERGE,ANNETTE CAROL BERGER,AARON BERKELEY PAYMENT SOLUTIONS BERMUDEZ,GUSTAVO CAMPO BERTIE PRINTERS LIMITED BERTIE PRINTERS LIMITED BEST PRACTICE BETTER IMPACT INC BETTER IMPACT INC BETTS,MELANIE BHOOLIA,JERRY DAVID& BHOOLIA, EDITH LOUISE BIAMONTE,CARLY BIAMONTE,RAELYNNE BIANCO,DOMENIC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BILODEAU,MATHEW BILODEAU,MATHEW BLACK & MCDONALD LTD BLACK & MCDONALD LTD BLACK,GRAHAM BLAIS,BRIAN BLANCHARD,JESSICA BLUEJAY IRRIGATION BMO NATIONAL SERVICES BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOBCAT OF HAMILTON LTD BOBCAT OF HAMILTON LTD BOBCAT OF HAMILTON LTD BOBCAT OF HAMILTON LTD BOBINSKI,EDMUND BOCCIA,JONATHAN BOCCIA,JONATHAN BOCCINFUSO,CHRISTOPHER& BOCCINFUSO, JODY BOMBERRY,KEITH DOMENICO BOOKSTORE - ANNEX PUBLISHING AND PRINTING Cheque No. Cheque Date 419056 12 -Sep -2018 419536 26 -Sep -2018 418830 05 -Sep -2018 420170 17 -Oct -2018 420172 17 -Oct -2018 418831 05 -Sep -2018 419777 03 -Oct -2018 418012 01 -Aug -2018 418506 22 -Aug -2018 418655 29 -Aug -2018 419286 19 -Sep -2018 419939 04 -Oct -2018 418013 01 -Aug -2018 418656 29 -Aug -2018 419058 12 -Sep -2018 419776 03 -Oct -2018 420173 17 -Oct -2018 418507 22 -Aug -2018 419965 11 -Oct -2018 418011 01 -Aug -2018 418505 22 -Aug -2018 418657 29 -Aug -2018 419287 19 -Sep -2018 419540 26 -Sep -2018 419778 03 -Oct -2018 418205 08 -Aug -2018 418341 15 -Aug -2018 420434 24 -Oct -2018 420174 17 -Oct -2018 419541 26 -Sep -2018 WIRE 15 -Aug -2018 419542 26 -Sep -2018 418206 08 -Aug -2018 419288 19 -Sep -2018 419779 03 -Oct -2018 418014 01 -Aug -2018 419966 11 -Oct -2018 418832 05 -Sep -2018 420175 17 -Oct -2018 420176 17 -Oct -2018 419060 12 -Sep -2018 419059 12 -Sep -2018 418508 22 -Aug -2018 419781 03 -Oct -2018 420178 17 -Oct -2018 418658 29 -Aug -2018 419543 26 -Sep -2018 418015 01 -Aug -2018 419061 12 -Sep -2018 420179 17 -Oct -2018 419544 26 -Sep -2018 420180 17 -Oct -2018 418509 22 -Aug -2018 420181 17 -Oct -2018 418017 01 -Aug -2018 418343 15 -Aug -2018 418511 22 -Aug -2018 419545 26 -Sep -2018 419782 03 -Oct -2018 419967 11 -Oct -2018 420436 24 -Oct -2018 418833 05 -Sep -2018 419289 19 -Sep -2018 419063 12 -Sep -2018 419062 12 -Sep -2018 418016 01 -Aug -2018 418342 15 -Aug -2018 418510 22 -Aug -2018 420435 24 -Oct -2018 418344 15 -Aug -2018 419064 12 -Sep -2018 418018 01 -Aug -2018 418019 01 -Aug -2018 419546 26 -Sep -2018 Purpose MATERIALS REFUND MATERIALS REFUND REFUND MATERIALS REFUND SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES UTILITIES LEASES AND RENTS UTILITIES UTILITIES REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS VEH ID#232 VEH ID#253/254 TRAVEUMILEAGE REFUND GRANT MATERIALS REFUND MATERIALS MATERIALS SERVICES MATERIALS MATERIALS TRAINING REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE CONTRACT SERVICES SERVICES REFUND REFUND TRAVEUMILEAGE MAINTENANCE/REPAIRS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS SERVICES MATERIALS VEH ID#220 VEH ID#220 VEH ID#220 TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE REFUND REFUND MATERIALS Amount 79.08 564.89 73.45 0.51 89.10 175.00 3,745.83 92.10 72.16 92.10 318.75 92.10 169.50 56.50 113.00 169.50 1,412.50 11,404.34 244.08 750.00 150.00 1,552.98 1,098.14 826.11 6.85 1,039.34 199.92 190.00 168.94 2,500.00 6,236.27 133.05 2,230.62 2,166.21 200.00 1,525.50 293.80 324.88 908.00 131.55 62.50 150.00 355.95 216.41 603.05 301.32 502.36 5,785.60 1,672.40 134.35 207.25 119.88 2,372.01 1,273.50 2,299.55 1,394.14 14,058.61 14,728.14 836.20 18,486.80 836.20 1,463.35 11,366.39 1,881.45 282.86 884.45 534.76 555.84 34.02 173.34 136.62 489.11 750.00 7,094.09 Page 313 of 751 Page 6 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME BOOMERANG AUTO INC BOONE,BRANDON BOOT SHOP BOOT SHOP BOOT SHOP BORDENAVE,DANIEL BORELLI,MICHAEL BORRELLI,ANDRES BOTTRELL,KURTIS BOUTILIER,JIM BOYS & GIRLS CLUB OF NIAGARA BOYS & GIRLS CLUB OF NIAGARA BOYS & GIRLS CLUB OF NIAGARA BOZZELLI,DONATO BRABER EQUIPMENT LTD BRAND BLVD INC BRANT,DAKOTA BREKELMANS,CORY BRENNAN PAVING LTD. BRENNAN PAVING LTD. BRENNAN PAVING LTD. BRENNAN,JIM BRIDEAU,DAVE BRINKS CANADA LTD BRINKS CANADA LTD BRINKS CANADA LTD BRINKS CANADA LTD BROCK FORD BROCK FORD BROCK FORD BROCK FORD BROCK UNIVERSITY BROOKES,DANIEL BROOKS,ANDREW& BROOKS, AKI BROOKS,ANDREW& BROOKS, AKI BROOKS,WILLIAM BROWN,KRISTEN BROWN,RUSTY BRUNNING,MICHAEL BRYCE,ANDREW BRYCK,ELAINE B -SHARP PIANO TUNING & REPAIR BUCK MARKETING BUENA VISTA NON -THEATRICAL INC BUILDING INNOVATION BUILDING INNOVATION BULLER,ADAM BULLER,ADAM BULLER,ADAM BUNZ,DANIEL BURKE EMPLOYMENT SOLUTIONS BURKE EMPLOYMENT SOLUTIONS BURMUHLER,ROBERT BURNSIDE,STEVE BUSINESS LINK MEDIA GROUP BUSTAMANTE,ALLAN& WONG, MERA JOAN BUTLER,ANGUS BUTTAR,KULVIR BUTYNIEC,DAVE BUTYNIEC,DAVE BUTYNIEC,DAVE BYERS,SARA C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD CAHILL,STEVEN CAHILL,STEVEN CALAGUIRO,DOMENIC CALDAS,VASCO CALDWELL,MICHAEL CALE SYSTEMS INC CALE SYSTEMS INC CALE SYSTEMS INC CALE SYSTEMS INC Cheque No. Cheque Date 419065 12 -Sep -2018 418659 29 -Aug -2018 418512 22 -Aug -2018 419547 26 -Sep -2018 420437 24 -Oct -2018 419290 19 -Sep -2018 418834 05 -Sep -2018 420182 17 -Oct -2018 419968 11 -Oct -2018 419548 26 -Sep -2018 418660 29 -Aug -2018 419549 26 -Sep -2018 420438 24 -Oct -2018 419969 11 -Oct -2018 419550 26 -Sep -2018 419291 19 -Sep -2018 418661 29 -Aug -2018 419783 03 -Oct -2018 418835 05 -Sep -2018 419292 19 -Sep -2018 420440 24 -Oct -2018 420439 24 -Oct -2018 420441 24 -Oct -2018 418513 22 -Aug -2018 419551 26 -Sep -2018 419970 11 -Oct -2018 420442 24 -Oct -2018 418345 15 -Aug -2018 419293 19 -Sep -2018 419552 26 -Sep -2018 419971 11 -Oct -2018 419784 03 -Oct -2018 420184 17 -Oct -2018 420183 17 -Oct -2018 420443 24 -Oct -2018 419972 11 -Oct -2018 418020 01 -Aug -2018 418838 05 -Sep -2018 418839 05 -Sep -2018 419553 26 -Sep -2018 419554 26 -Sep -2018 419785 03 -Oct -2018 418021 01 -Aug -2018 US DRAFT 01 -Oct -2018 420444 24 -Oct -2018 418840 05 -Sep -2018 418662 29 -Aug -2018 419295 19 -Sep -2018 418841 05 -Sep -2018 418022 01 -Aug -2018 418023 01 -Aug -2018 418514 22 -Aug -2018 418842 05 -Sep -2018 420185 17 -Oct -2018 420445 24 -Oct -2018 418346 15 -Aug -2018 420446 24 -Oct -2018 418515 22 -Aug -2018 418024 01 -Aug -2018 419066 12 -Sep -2018 419973 11 -Oct -2018 418347 15 -Aug -2018 418673 29 -Aug -2018 419578 26 -Sep -2018 420215 17 -Oct -2018 419067 12 -Sep -2018 420186 17 -Oct -2018 420447 24 -Oct -2018 419787 03 -Oct -2018 419786 03 -Oct -2018 418516 22 -Aug -2018 419555 26 -Sep -2018 420448 24 -Oct -2018 418025 01 -Aug -2018 Purpose REFUND REFUND MATERIALS MATERIALS MATERIALS DISBURSEMENT REFUND REFUND REFUND PETTY CASH GRANT GRANT GRANT REFUND MATERIALS MATERIALS SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES TRAVEUMILEAGE TRAVEUMILEAGE CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAINING REFUND REFUND REFUND REFUND TRAVEL/MILEAGE HONOURARIUM MATERIALS TRAVEUMILEAGE GRANT SERVICES TRAINING MATERIALS MATERIALS SERVICES MATERIALS MATERIALS SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND GRANT ADVERTISING REFUND REFUND REFUND TRAVEL/MILEAGE TRAVEUMILEAGE TRAVEL/MILEAGE TRAVEUMILEAGE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES TRAVEUMILEAGE TRAVEUMILEAGE REFUND REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS Amount 180.00 34.50 186.45 3,813.75 480.25 2,500.00 19.65 158.24 750.00 248.20 16,500.00 16,500.00 16,500.00 1,150.14 562.40 560.03 250.00 404.84 131,110.56 48,299.34 73,716.35 40.50 35.64 2,782.17 2,853.71 401.47 162.63 798.30 1,935.04 989.27 34.08 5,876.00 182.55 192.08 72.19 750.00 51.30 65.00 176.00 60.48 850.00 1,237.35 750.00 100.00 4,294.00 4,294.00 3,107.50 3,107.50 791.00 115.25 1,627.20 525.45 750.00 2,500.00 562.18 155.28 20.00 626.39 91.80 59.40 224.10 49.68 49,808.47 92,709.57 7,572.07 126.64 110.16 750.00 203.00 80.00 1,649.80 5,253.99 1,649.80 1,118.70 Page 314 of 751 Page 7 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME CALE SYSTEMS INC CALE SYSTEMS INC CAMPBELL & COMPANY APPRAISALS INC. CAMPBELL,DAVID CAMUS,ALEXUS CAN AM INSTRUMENTS LTD CANADA BOOK DISTRIBUTORS LTD CANADA COACH CANADA POST CORPORATION CANADA POST CORPORATION CANADA POST CORPORATION CANADA POST CORPORATION CANADA POST CORPORATION CANADA POST CORPORATION CANADA'S PRO PLUMBING CANADA'S PRO PLUMBING CANADIAN BEARINGS LTD CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LINEN & UNIFORM CANADIAN LOCATORS INC. CANADIAN LOCATORS INC. CANADIAN LOCATORS INC. CANADIAN LOCATORS INC. CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN NATIONAL RAILWAY COMPANY CANADIAN PACIFIC RAILWAY CO CANADIAN PACIFIC RAILWAY CO CANADIAN PACIFIC RAILWAY CO CANADIAN PAYROLL ASSOCIATION CANADIAN PAYROLL ASSOCIATION CANADIAN PORTABLE SERVICES CANADIAN PORTABLE SERVICES CANADIAN PORTABLE SERVICES CANADIAN PORTABLE SERVICES CANADIAN PORTABLE SERVICES CANADIAN RED CROSS CANADIAN RED CROSS CANADIAN RED CROSS CANADIAN URBAN TRANSIT ASSOCIATION CANAVAN,W ENDY CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE CANDELORO,CHRIS CANESTRARO,JUSTIN CANON CANADA INC CANON CANADA INC CANON CANADA INC CANON CANADA INC CANON CANADA INC CANSEL SURVEY EQUIPMENT INC Cheque No. Cheque Date 419068 12 -Sep -2018 419974 11 -Oct -2018 418663 29 -Aug -2018 419069 12 -Sep -2018 419556 26 -Sep -2018 418028 01 -Aug -2018 419630 26 -Sep -2018 418517 22 -Aug -2018 00166-0002 30 -Jul -2018 00167-0001 06 -Aug -2018 00169-0001 20 -Aug -2018 00170-0002 27 -Aug -2018 00180-0001 09 -Oct -2018 00175-0002 24 -Sep -2018 418027 01 -Aug -2018 419557 26 -Sep -2018 418349 15 -Aug -2018 419975 11 -Oct -2018 420188 17 -Oct -2018 420452 24 -Oct -2018 419297 19 -Sep -2018 418208 08 -Aug -2018 419071 12 -Sep -2018 419789 03 -Oct -2018 418030 01 -Aug -2018 418350 15 -Aug -2018 418031 01 -Aug -2018 418209 08 -Aug -2018 418351 15 -Aug -2018 418520 22 -Aug -2018 419976 11 -Oct -2018 420190 17 -Oct -2018 420453 24 -Oct -2018 419072 12 -Sep -2018 419298 19 -Sep -2018 419560 26 -Sep -2018 419790 03 -Oct -2018 418518 22 -Aug -2018 419558 26 -Sep -2018 419788 03 -Oct -2018 420449 24 -Oct -2018 418521 22 -Aug -2018 419561 26 -Sep -2018 420454 24 -Oct -2018 420191 17 -Oct -2018 418353 15 -Aug -2018 420193 17 -Oct -2018 419300 19 -Sep -2018 418664 29 -Aug -2018 419977 11 -Oct -2018 419791 03 -Oct -2018 419978 11 -Oct -2018 418032 01 -Aug -2018 419073 12 -Sep -2018 419301 19 -Sep -2018 418211 08 -Aug -2018 418354 15 -Aug -2018 418522 22 -Aug -2018 418355 15 -Aug -2018 419559 26 -Sep -2018 418029 01 -Aug -2018 418519 22 -Aug -2018 418843 05 -Sep -2018 419070 12 -Sep -2018 420187 17 -Oct -2018 420451 24 -Oct -2018 420450 24 -Oct -2018 420189 17 -Oct -2018 420192 17 -Oct -2018 418210 08 -Aug -2018 418352 15 -Aug -2018 419299 19 -Sep -2018 420455 24 -Oct -2018 420456 24 -Oct -2018 Purpose MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES CONTRACT SERVICES CONTRACT SERVICES VEH ID#918 CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE/REPAIRS MATERIALS MATERIALS MATERIALS SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS MEMBERSHIP CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEL/MILEAGE REFUND LEASES AND RENTS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES Amount 2,178.68 3,474.88 3,709.23 150.00 127.61 71,706.18 119.39 51.44 5,142.09 4,126.67 3,122.80 2,385.21 62,768.80 13,010.49 2,373.00 3,900.00 277.64 468.95 1,615.90 214.70 385.33 231.65 1,457.70 3,897.95 870.10 3,124.73 472.96 443.25 455.26 438.29 439.71 350.77 350.77 902.91 717.57 791.92 434.56 59,683.66 86,285.01 12,060.49 61,193.79 3,865.20 3,255.00 3,455.01 6,639.31 1,023.00 1,023.00 1,023.00 485.90 480.25 2,139.09 14,062.85 2,064.51 1,949.25 2,951.56 58.20 194.88 28.82 452.00 113.94 1,073.50 1,881.87 522.43 3,260.23 1,025.93 470.85 35.64 175.00 660.46 843.52 539.52 742.43 113.45 4,520.00 Page 315 of 751 Page 8 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CANTEC SECURITY SERVICES INC CAPERCHIONE,PETRA CAPITAL AUTO REPAIR CAPPA,ANTHONY CARAVAN GLOBAL CANADA CARL DAMUDE LIMITED CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARLETON UNIFORMS INC CARLETON UNIFORMS INC CAROUSEL PLAYERS CARQUEST CANADA LTD. CARR MCLEAN CARRIERE,RYAN CARSERIN REAL ESTATE CARTER,JEFFREY ALLAN CASS & BISHOP BARRISTERS & SOLICITORS CASTLE MECHANICAL CASTLE MECHANICAL CASTLE MECHANICAL CASTLE MECHANICAL CASTLE MECHANICAL CASTLE MECHANICAL CASTLE PLUMBING & HEATING INC. CATARACT COLLISION CENTRE CATTERICK,WILLIAM CATTOIR,LINDA CAVERLY,ROY CBM N.A. INC CBM N.A. INC CBM N.A. INC CBM N.A. INC CBM N.A. INC CEDAR INFRASTRUCTURE PRODUCTS INC CEDAR INFRASTRUCTURE PRODUCTS INC CENTRAL COMMUNICATIONS CENTRAL COMMUNICATIONS CENTRAL COMMUNICATIONS CERTIFIED LABORATORIES CERVUS EQUIPMENT CERVUS EQUIPMENT CERVUS EQUIPMENT CESARIN,RYAN CHAMBER OF COMMERCE NIAGARA FALLS CHAMBER OF COMMERCE NIAGARA FALLS CHAMBER OF COMMERCE NIAGARA FALLS CHAMBER OF COMMERCE NIAGARA FALLS CHAPTER 2 BLASTING CHARLAND,ERICA CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHEM AQUA CHIECA,LUCIANO CHIODO,JOHN CHIPPAWA PUBLIC DOCK COMMITTEE CHRISTINE HESS CHS REALTY ADVISORS INC CIBC ELECTRONIC BANKING OPERATIONS CIBC ELECTRONIC BANKING OPERATIONS Cheque No. Cheque Date 418523 22 -Aug -2018 419562 26 -Sep -2018 419792 03 -Oct -2018 419979 11 -Oct -2018 420457 24 -Oct -2018 420195 17 -Oct -2018 420194 17 -Oct -2018 420458 24 -Oct -2018 419074 12 -Sep -2018 418356 15 -Aug -2018 418033 01 -Aug -2018 418357 15 -Aug -2018 418665 29 -Aug -2018 419302 19 -Sep -2018 419793 03 -Oct -2018 420196 17 -Oct -2018 420197 17 -Oct -2018 419563 26 -Sep -2018 419303 19 -Sep -2018 418844 05 -Sep -2018 419075 12 -Sep -2018 419980 11 -Oct -2018 420459 24 -Oct -2018 419565 26 -Sep -2018 420460 24 -Oct -2018 418035 01 -Aug -2018 419794 03 -Oct -2018 418524 22 -Aug -2018 418666 29 -Aug -2018 418036 01 -Aug -2018 419076 12 -Sep -2018 418525 22 -Aug -2018 420199 17 -Oct -2018 419304 19 -Sep -2018 418212 08 -Aug -2018 418846 05 -Sep -2018 419305 19 -Sep -2018 419795 03 -Oct -2018 420461 24 -Oct -2018 418526 22 -Aug -2018 419306 19 -Sep -2018 419982 11 -Oct -2018 419307 19 -Sep -2018 418213 08 -Aug -2018 418037 01 -Aug -2018 419077 12 -Sep -2018 418360 15 -Aug -2018 418527 22 -Aug -2018 420463 24 -Oct -2018 419308 19 -Sep -2018 419796 03 -Oct -2018 420201 17 -Oct -2018 418637 23 -Aug -2018 419309 19 -Sep -2018 419566 26 -Sep -2018 419078 12 -Sep -2018 419310 19 -Sep -2018 418038 01 -Aug -2018 418214 08 -Aug -2018 418361 15 -Aug -2018 418528 22 -Aug -2018 419567 26 -Sep -2018 419797 03 -Oct -2018 419983 11 -Oct -2018 420202 17 -Oct -2018 420464 24 -Oct -2018 419984 11 -Oct -2018 418667 29 -Aug -2018 420465 24 -Oct -2018 418529 22 -Aug -2018 419568 26 -Sep -2018 418039 01 -Aug -2018 418847 05 -Sep -2018 419079 12 -Sep -2018 Purpose CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND TRAVEL/MILEAGE MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS SERVICES SERVICES SERVICES MAINTENANCE/REPAIRS TRAVEL/MILEAGE REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS SERVICES MATERIALS MATERIALS VEH ID#475 VEH ID#475 REFUND ADVERTISING ADVERTISING ADVERTISING MATERIALS MATERIALS REFUND MATERIALS MATERIALS STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY CONTRACT SERVICES MATERIALS TRAVEL/MILEAGE ADDITIONAL FUNDING APPROVED E CONTRACT SERVICES CONSULTING SERVICES REFUND REFUND Amount 17,334.20 18,215.60 1,952.64 488.16 813.60 123.68 155.71 35.64 3,506.39 100.57 1,313.00 169.22 30.45 4,197.10 365.95 8,535.63 339.00 1,402.14 754.84 40.00 170.12 750.00 200.00 838.46 2,163.69 163.25 2,422.14 523.87 571.22 300.14 1,158.25 58.86 167.07 750.00 173.79 5.36 4,408.14 59.66 1,226.79 858.35 1,287.52 745.80 745.80 745.80 1,350.91 507.23 224.34 54.87 108.61 1,045.25 282.50 1,000.00 2,440.80 1,525.50 39.15 1,048.68 2,527.47 924.34 4,186.91 7,222.82 1,585.49 3,415.08 1,454.92 1,546.96 1,780.34 1,116.55 169.50 40.00 32.40 17,000.00 169.50 8,475.00 257.47 138.61 Page 316 of 751 Page 9 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME CIBC ELECTRONIC BANKING OPERATIONS CIBC ELECTRONIC BANKING OPERATIONS CIMA CANADA INC CIMA CANADA INC LIMA CANADA INC CIMA CANADA INC CIMCO REFRIGERATION CIMCO REFRIGERATION CIMCO REFRIGERATION CIMCO REFRIGERATION CIMCO REFRIGERATION CIMCO REFRIGERATION CIRILLO,ANTONIO CITY ELECTRIC SUPPLY CITY ELECTRIC SUPPLY CITY ELECTRIC SUPPLY CITY PARENT CITY VIEW BUS SALES & SERVICE LTD. CITY VIEW BUS SALES & SERVICE LTD. CITY VIEW BUS SALES & SERVICE LTD. CITY VIEW BUS SALES & SERVICE LTD. CITY VIEW BUS SALES & SERVICE LTD. CITY VIEW BUS SALES & SERVICE LTD. CITY VIEW BUS SALES & SERVICE LTD. CLAXTON,MIKE CLEVER DEVICES CLEVER DEVICES CLEVER DEVICES CLEVER DEVICES CLIFTON HILL BIA CLOCKWORK SYSTEMS INC CLOUTHIER,LUCIE CLUB ITALIA ORDER OF SONS OF ITALY CLUB ITALIA ORDER OF SONS OF ITALY CM LIGHTING MAINTENANCE CM PROFESSIONAL SERVICES COGECO CONNEXION INC COGECO CONNEXION INC COGECO CONNEXION INC COGECO CONNEXION INC COGECO CONNEXION INC COGECO CONNEXION INC. COGECO CONNEXION INC. COGECO CONNEXION INC. COLES,SIMON JOHN COLLEE,DOUGLAS COLLEE,DOUGLAS COMMERCIAL AUTO ELECTRIC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMPRESSION TECHNOLOGY CORPORATION COMPUGEN INC COMPUGEN INC CONCOLINO,CHRISTIAN THOMAS CONDOTTA MERRETT & CO INSURANCE BROKERS CONDOTTA MERRETT & CO INSURANCE BROKERS CONIDI,SARAH CONSEIL SCOLAIRE CATHOLIQUE MONAVENIR CONSEIL SCOLAIRE VIAMONDE CONTE,ANDREW CONTE,DAVE COONS,KEVIN COOPER,GEOFFREY CORRADI,JOE CORRADO,FRANK& CORRADO, MARIA CORRIVEAU,MIKE CORRIVEAU,RICHARD CORTESE,FRANCES Cheque No. Cheque Date 419569 26 -Sep -2018 419985 11 -Oct -2018 418363 15 -Aug -2018 420466 24 -Oct -2018 419798 03 -Oct -2018 419311 19 -Sep -2018 418040 01 -Aug -2018 418215 08 -Aug -2018 418668 29 -Aug -2018 419986 11 -Oct -2018 420203 17 -Oct -2018 419080 12 -Sep -2018 420204 17 -Oct -2018 418041 01 -Aug -2018 419312 19 -Sep -2018 419799 03 -Oct -2018 418849 05 -Sep -2018 418364 15 -Aug -2018 418850 05 -Sep -2018 419081 12 -Sep -2018 419570 26 -Sep -2018 419800 03 -Oct -2018 420205 17 -Oct -2018 420467 24 -Oct -2018 418851 05 -Sep -2018 418042 01 -Aug -2018 418216 08 -Aug -2018 418852 05 -Sep -2018 418669 29 -Aug -2018 418670 29 -Aug -2018 418530 22 -Aug -2018 420206 17 -Oct -2018 419801 03 -Oct -2018 419752 27 -Sep -2018 418217 08 -Aug -2018 419082 12 -Sep -2018 418043 01 -Aug -2018 418671 29 -Aug -2018 419571 26 -Sep -2018 419802 03 -Oct -2018 420468 24 -Oct -2018 419987 11 -Oct -2018 418218 08 -Aug -2018 419083 12 -Sep -2018 419084 12 -Sep -2018 419313 19 -Sep -2018 419572 26 -Sep -2018 419085 12 -Sep -2018 419086 12 -Sep -2018 418044 01 -Aug -2018 418532 22 -Aug -2018 418853 05 -Sep -2018 419314 19 -Sep -2018 419573 26 -Sep -2018 419803 03 -Oct -2018 420207 17 -Oct -2018 418045 01 -Aug -2018 419574 26 -Sep -2018 420208 17 -Oct -2018 419087 12 -Sep -2018 419575 26 -Sep -2018 418533 22 -Aug -2018 419576 26 -Sep -2018 00176-0002 28 -Sep -2018 00176-0001 28 -Sep -2018 419988 11 -Oct -2018 419804 03 -Oct -2018 418855 05 -Sep -2018 420210 17 -Oct -2018 418534 22 -Aug -2018 419089 12 -Sep -2018 419989 11 -Oct -2018 419805 03 -Oct -2018 418047 01 -Aug -2018 Purpose REFUND REFUND CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS GRANT MATERIALS REFUND LEASES AND RENTS MATERIALS MATERIALS SERVICES SERVICES SERVICES SERVICES UTILITIES UTILITIES LEASES AND RENTS MATERIALS SERVICES REFUND MATERIALS REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES CONTRACT SERVICES SERVICES REFUND CONTRACT SERVICES SERVICES TRAVEUMILEAGE REMITTANCE REMITTANCE MATERIALS REFUND MATERIALS REFUND SERVICES REFUND REFUND REFUND TRAINING Amount 1,154.45 779.00 98,799.26 6,931.96 37,420.02 2,278.74 8,599.12 50,415.94 3,049.11 12,802.49 861.78 4,334.54 189.19 8.37 255.66 240.14 413.58 1,829.38 3,615.94 7,669.22 2,087.33 791.00 32,055.67 1,333.40 90.63 18,946.99 35,584.27 168,404.56 168,404.56 8,750.00 4,527.30 230.00 1,500.00 800.00 18,648.66 2,400.00 36.10 36.10 62.09 36.10 124.18 847.50 847.50 847.50 110.00 20.00 15.00 33.74 1,888.91 1,888.91 23,865.78 14,540.93 14,717.12 8,529.24 17,609.63 15,717.03 4,430.84 904.00 113.00 256.26 833.76 1,826,844.32 25.92 229,607.97 81,286.73 750.00 75.00 175.00 35.95 120.00 60.74 1,000.00 1,000.00 700.00 Page 317 of 751 Page 10 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME CORTESE,FRANCES COTTON INC COUNTRY BASKET GARDEN CENTRE COYELL,RONALD CRAITOR,KIM CRAITOR,KIM CRAITOR,KIM CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CREDIT BUREAU SERVICES CANADA CREDIT BUREAU SERVICES CANADA CROOKS,CAMERON CRUICKSHANKS,STEVE CRYSLER, DAW N CSN -MAPLE LEAF COLLISION CULLIGAN NIAGARA WATER TECH INC. CUMMINS CANADA ULC CUMMINS CANADA ULC CUMMINS CANADA ULC CUNNINGHAM,MARGARET LYNN CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPOLO,NICK CUPOLO,NICK CURBEX CUSHMAN,CAITLYN CUSTOM IMAGE SALES CUSTOM LOT CLEARING INC. D & D DIAMOND CUTTING & CORING INC D & D DIAMOND CUTTING & CORING INC D & R LANDSCAPE GROUP D K TECHNICAL SERVICES INC D K TECHNICAL SERVICES INC D K TECHNICAL SERVICES INC D'AGOSTINO,JOE DALEY,JASON D'AMELIO,JAMES D'AMICO,DANNY QUINTO DANIELS,HAROLD LEONARD& DANIELS, STEPHEN JAMES DARCH FIRE DARCH FIRE DARCH FIRE DARCH FIRE DARTA FLEET SOLUTIONS DARTA FLEET SOLUTIONS DAVIDSON ENVIRONMENTAL DAVIDSON ENVIRONMENTAL DAVIDSON ENVIRONMENTAL DAVIDSON,ANGELA DAVIDSON,GREGORY SCOTT DAVIDSON,HARLEY DAWSON,TERESA& DAWSON, DUANE DE MOORE-VA PYKEREN,OLIVIA DEEN,OMEID D E LGO BBO-SM ITH, SAN D RA DELIMA FREIRE,VICTOR DELINE,JAMES DELL,KELLY DELL,KELLY DELL,KELLY DEMANT,STEVE DEMAR CONSTRUCTION Cheque No. Cheque Date 418365 15 -Aug -2018 420211 17 -Oct -2018 418048 01 -Aug -2018 420212 17 -Oct -2018 418219 08 -Aug -2018 418856 05 -Sep -2018 419990 11 -Oct -2018 418049 01 -Aug -2018 418220 08 -Aug -2018 419090 12 -Sep -2018 420470 24 -Oct -2018 418366 15 -Aug -2018 418536 22 -Aug -2018 419316 19 -Sep -2018 419577 26 -Sep -2018 420213 17 -Oct -2018 419806 03 -Oct -2018 420214 17 -Oct -2018 419991 11 -Oct -2018 419091 12 -Sep -2018 418674 29 -Aug -2018 418367 15 -Aug -2018 419992 11 -Oct -2018 419807 03 -Oct -2018 419092 12 -Sep -2018 420471 24 -Oct -2018 420399 19 -Oct -2018 00166-0003 30 -Jul -2018 00173-0002 10 -Sep -2018 00179-0002 09 -Oct -2018 00168-0002 13 -Aug -2018 00170-0004 27 -Aug -2018 00175-0004 24 -Sep -2018 00182-0002 22 -Oct -2018 418675 29 -Aug -2018 420216 17 -Oct -2018 419808 03 -Oct -2018 419093 12 -Sep -2018 419809 03 -Oct -2018 419579 26 -Sep -2018 418540 22 -Aug -2018 420221 17 -Oct -2018 419815 03 -Oct -2018 419814 03 -Oct -2018 419585 26 -Sep -2018 420235 17 -Oct -2018 419318 19 -Sep -2018 420218 17 -Oct -2018 418858 05 -Sep -2018 420473 24 -Oct -2018 420219 17 -Oct -2018 419096 12 -Sep -2018 419319 19 -Sep -2018 419811 03 -Oct -2018 418369 15 -Aug -2018 419994 11 -Oct -2018 420220 17 -Oct -2018 419581 26 -Sep -2018 418538 22 -Aug -2018 420474 24 -Oct -2018 419995 11 -Oct -2018 418051 01 -Aug -2018 419320 19 -Sep -2018 418539 22 -Aug -2018 419100 12 -Sep -2018 420222 17 -Oct -2018 418860 05 -Sep -2018 420223 17 -Oct -2018 419098 12 -Sep -2018 418370 15 -Aug -2018 419099 12 -Sep -2018 419996 11 -Oct -2018 420226 17 -Oct -2018 418052 01 -Aug -2018 Purpose TRAINING CONTRACT SERVICES MATERIALS REFUND SERVICES SERVICES UTILITIES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REMITTANCE SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES REFUND CONTRACT SERVICES HONOURARIUM VEH ID#187 SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE HONOURARIUM SERVICES REFUND REFUND MATERIALS SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES MATERIALS REFUND REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS VEH ID#538 MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS TRAVEL/MILEAGE REFUND DISBURSEMENT REFUND REFUND REFUND REFUND REFUND REFUND MATERIALS MATERIALS MEMBERSHIP REFUND CONTRACT SERVICES Amount 525.00 5,931.60 515.28 141.25 282.98 182.41 225.43 1,633.00 3,243.00 1,598.50 6,233.00 471.50 3,059.00 5,106.00 1,276.50 402.50 45.31 19.52 120.00 2,574.14 250.00 2,240.00 134.47 3,384.41 620.04 50,000.55 360.00 10,541.58 10,514.53 10,035.50 10,544.15 10,532.28 9,950.21 9,574.19 250.00 1,560.00 150.00 337.45 1,152.60 5,593.50 452.00 452.00 30,309.31 575.85 853.72 575.85 150.00 42.40 1,000.00 750.00 35.25 116.90 2,639.44 486.24 571.77 1,443.01 1,152.04 107.80 194.93 35.93 844.56 750.00 5,000.00 189.57 120.86 15.72 750.00 188.62 41.24 265.60 303.97 169.50 155.02 31,333.14 Page 318 of 751 Page 11 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME DEMAR CONSTRUCTION DEMAR CONSTRUCTION DEMAR CONSTRUCTION DEMAR CONSTRUCTION DEMAR CONSTRUCTION DEMAR CONSTRUCTION DEMAR CONSTRUCTION DEMOL'S TIRE SALES & SERVICE DEMOL'S TIRE SALES & SERVICE DEMPSEY,ANDREW DENIS MORRIS CATHOLIC HIGH SCHOOL DEPENDABLE EMERGENCY VEHICLES DEPROPHETIS,DENNIS DEROCCO,JENNIFER DESCHAMPS,STEPHANE DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DIALLO,AISSATA SALAM DICAN DIGITAL INSTRUMENTS CANADA INC DICAN DIGITAL INSTRUMENTS CANADA INC DICAN DIGITAL INSTRUMENTS CANADA INC DICOSIMO,JOE DIGITAL GRAPHICS DIGITAL POSTAGE ON CALL DIGITAL TREE DILALLA,DOMENIC DIM,EVAN DINH,SONNY DIODATI,JIM DIODATI,JIM DIODATI,JIM DISCOUNT CAR & TRUCK CORPORATE OPERATIONS DISCOUNT CAR & TRUCK CORPORATE OPERATIONS DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DITTA,MIKE DITTA,MIKE DITTA,MIKE DIVERSE CONSTRUCTION DIVITO,DONNA DOBBIE,PETER JOSEPH DOMINION VOTING SYSTEMS CORPORATION DON'S SPRING REPAIR AND SERVICE DOSA,MAURIZIO& DOSA, GABRIELE DOUGLAS,TED DOWNTOWN BOARD OF MANAGEMENT DOWNTOWN BOARD OF MANAGEMENT DRAGUN CORPORATION DRAGUN CORPORATION DRAGUN CORPORATION DREN,KARL DRT CUSTOM HOMES & RENOVATIONS INC DTAH ARCHITECTS LTD. DTAH ARCHITECTS LTD. DULUX- PPG ARCHITECTURAL COATINGS CANADA INC DULUX- PPG ARCHITECTURAL COATINGS CANADA INC DUMONT SECURITY DUMONT SECURITY DUMONT SECURITY DUN FOR YOU HOME IMPROVEMENTS DUNSEITH,MARK DUNSMORE LAW DUNTSCH,JUSTUS DURANT,ELIZA DURANT,ELIZA D'UVA,JORDAN& THOMAS, BRADLEY JAMES DWYER,KIMBERLY DYNACARE E & R LAWN EQUIPMENT Cheque No. Cheque Date 418676 29 -Aug -2018 418677 29 -Aug -2018 419321 19 -Sep -2018 419322 19 -Sep -2018 419582 26 -Sep -2018 420224 17 -Oct -2018 420225 17 -Oct -2018 418541 22 -Aug -2018 419323 19 -Sep -2018 418861 05 -Sep -2018 420227 17 -Oct -2018 419324 19 -Sep -2018 420228 17 -Oct -2018 420229 17 -Oct -2018 420230 17 -Oct -2018 418371 15 -Aug -2018 419812 03 -Oct -2018 418053 01 -Aug -2018 418542 22 -Aug -2018 418862 05 -Sep -2018 419102 12 -Sep -2018 419583 26 -Sep -2018 419326 19 -Sep -2018 418054 01 -Aug -2018 418543 22 -Aug -2018 419813 03 -Oct -2018 418055 01 -Aug -2018 419998 11 -Oct -2018 420231 17 -Oct -2018 419997 11 -Oct -2018 419327 19 -Sep -2018 418056 01 -Aug -2018 418057 01 -Aug -2018 418544 22 -Aug -2018 419328 19 -Sep -2018 420232 17 -Oct -2018 419103 12 -Sep -2018 419584 26 -Sep -2018 00175-0005 24 -Sep -2018 00176-0003 28 -Sep -2018 420233 17 -Oct -2018 419104 12 -Sep -2018 419999 11 -Oct -2018 418863 05 -Sep -2018 420234 17 -Oct -2018 420475 24 -Oct -2018 420000 11 -Oct -2018 419329 19 -Sep -2018 418058 01 -Aug -2018 418864 05 -Sep -2018 418678 29 -Aug -2018 420001 11 -Oct -2018 418059 01 -Aug -2018 420002 11 -Oct -2018 418865 05 -Sep -2018 420003 11 -Oct -2018 420004 11 -Oct -2018 420476 24 -Oct -2018 419586 26 -Sep -2018 418545 22 -Aug -2018 420477 24 -Oct -2018 418060 01 -Aug -2018 419816 03 -Oct -2018 418866 05 -Sep -2018 418867 05 -Sep -2018 418546 22 -Aug -2018 418061 01 -Aug -2018 418679 29 -Aug -2018 418372 15 -Aug -2018 419105 12 -Sep -2018 420005 11 -Oct -2018 420236 17 -Oct -2018 418868 05 -Sep -2018 418065 01 -Aug -2018 Purpose CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES REFUND REFUND MATERIALS REFUND REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS SERVICES SERVICES DISBURSEMENT SERVICES SERVICES SERVICES MATERIALS MATERIALS MATERIALS ADVERTISING REFUND SERVICES REFUND REMITTANCE TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS MATERIALS REFUND REMITTANCE CONTRACT SERVICES SERVICES SERVICES REFUND REFUND REFUND CONTRACT SERVICES MAINTENANCE/REPAIRS REFUND REFUND 3RD LEVY GRANT CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES TRAVEUMILEAGE REFUND CONSULTING SERVICES CONTRACT SERVICES MATERIALS STORES/INVENTORY CONTRACT SERVICES CONTRACT SERVICES SERVICES REFUND MATERIALS CONSULTING SERVICES HONORARIUM TRAVEUMILEAGE TRAVEUMILEAGE REFUND REFUND SERVICES MATERIALS Amount 30,970.53 224,213.82 5,614.75 275,836.88 212,181.70 13,632.48 99,737.85 1,441.10 766.60 165.33 100.00 291.48 182.28 110.17 10.75 2,249.62 686.41 975.87 1,334.81 14,463.44 892.46 12,336.67 1,500.00 237.30 237.30 237.30 90.00 452.00 19,210.00 56.50 750.00 210.00 1,500.00 1,155.00 1,155.00 1,155.00 1,073.27 1,073.27 3,750.00 6,706,974.41 2,977.00 2,449.00 8,264.50 1,000.00 146.79 750.00 11,417.52 3,079.25 1,000.00 95.00 52,500.00 37,147.82 2,457.00 5,184.72 25,103.50 196.02 1,000.00 30,857.48 10,285.83 99.87 483.89 1,101.66 1,101.66 1,101.66 750.00 175.00 2,982.98 1,000.00 265.60 265.60 171.85 186.61 67.00 3,558.37 Page 319 of 751 Page 12 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME E & R LAWN EQUIPMENT E S HUBBELL HIGHWAY AND DRAINANGE PRODUCTS E S HUBBELL HIGHWAY AND DRAINANGE PRODUCTS E S HUBBELL HIGHWAY AND DRAINANGE PRODUCTS E3 LABORATORIES E3 LABORATORIES E3 LABORATORIES EASTLAND,MARI-LYNNE EASTLAND,MARI-LYNNE EASTLAND,MARI-LYNNE ECKERT,DORIS ED LEARN FORD LINCOLN LTD EDWARDS,BROOKE EGERTER,CAROL EGERTER,CAROL ELECTIONS ONTARIO ELITE ENTERPRISES GROUP INC ELLIOTT,BONNIE ELIZABETH ELLIS ENGINEERING INC. ELLIS ENGINEERING INC. ELLIS,JULIE ELREG DISTRIBUTORS LTD EMBLETON,DOUG EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMPEY,SYLVIA ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENGELS,FRED ENSIGN ELECTRONIC ALARM SYSTEMS ENSIGN ELECTRONIC ALARM SYSTEMS E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC E -QUIP RENTALS & REPAIRS INC EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC EQUIPMENT SPECIALIST INC ESO SOLUTIONS INC ESRI CANADA LTD ETHERINGTON,DAVE EVANOFF,VICTOR EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD Cheque No. Cheque Date 418377 15 -Aug -2018 418225 08 -Aug -2018 419591 26 -Sep -2018 420011 11 -Oct -2018 419587 26 -Sep -2018 420478 24 -Oct -2018 418547 22 -Aug -2018 418373 15 -Aug -2018 418062 01 -Aug -2018 420237 17 -Oct -2018 419106 12 -Sep -2018 420006 11 -Oct -2018 419817 03 -Oct -2018 420238 17 -Oct -2018 418869 05 -Sep -2018 419818 03 -Oct -2018 419819 03 -Oct -2018 420239 17 -Oct -2018 418374 15 -Aug -2018 419107 12 -Sep -2018 419108 12 -Sep -2018 419109 12 -Sep -2018 420007 11 -Oct -2018 418375 15 -Aug -2018 418548 22 -Aug -2018 419110 12 -Sep -2018 419330 19 -Sep -2018 419588 26 -Sep -2018 419820 03 -Oct -2018 420479 24 -Oct -2018 418063 01 -Aug -2018 418221 08 -Aug -2018 420008 11 -Oct -2018 420240 17 -Oct -2018 419111 12 -Sep -2018 00166-0004 30 -Jul -2018 00166-0005 30 -Jul -2018 00167-0002 06 -Aug -2018 00167-0003 06 -Aug -2018 00168-0003 13 -Aug -2018 00169-0002 20 -Aug -2018 00170-0005 27 -Aug -2018 00173-0003 10 -Sep -2018 00174-0001 17 -Sep -2018 00175-0006 24 -Sep -2018 00177-0001 01 -Oct -2018 00179-0003 09 -Oct -2018 00181-0001 15 -Oct -2018 00182-0003 22 -Oct -2018 419112 12 -Sep -2018 420009 11 -Oct -2018 418222 08 -Aug -2018 418870 05 -Sep -2018 418224 08 -Aug -2018 418376 15 -Aug -2018 419113 12 -Sep -2018 419331 19 -Sep -2018 419590 26 -Sep -2018 419821 03 -Oct -2018 420010 11 -Oct -2018 420241 17 -Oct -2018 420480 24 -Oct -2018 418550 22 -Aug -2018 418549 22 -Aug -2018 419589 26 -Sep -2018 418223 08 -Aug -2018 418064 01 -Aug -2018 US DRAFT 10 -Sep -2018 418551 22 -Aug -2018 420012 11 -Oct -2018 420481 24 -Oct -2018 418226 08 -Aug -2018 418552 22 -Aug -2018 419114 12 -Sep -2018 Purpose STORES/INVENTORY MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS SERVICES SERVICES REFUND MATERIALS DISBURSEMENT REFUND TRAINING MATERIALS REFUND REFUND CONSULTING SERVICES SERVICES MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY REFUND UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES REIMBURSEMENT CONTRACT SERVICES SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS SERVICES LEASES AND RENTS MATERIALS SERVICES VEH ID#475 MATERIALS MATERIALS REFUND TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS Amount 1,196.90 7,144.58 5,341.55 510.48 2,108.58 1,957.16 2,110.84 135.60 101.70 169.50 183.99 43.43 1,500.00 25.00 220.35 7,839.38 277.32 168.07 3,299.49 10,554.63 150.00 2,755.20 150.00 3,637.12 1,345.72 5,352.02 3,053.37 5,825.60 2,680.87 2,522.61 3,083.77 4,432.08 452.00 6,870.86 30.14 886.59 142.26 23.25 8,453.06 73.77 2,978.50 2,269.39 379.52 10,171.39 1,390.99 586.75 8,789.85 1,460.74 1,015.15 135.60 135.60 1,252.86 1,355.07 795.20 247.25 1,188.42 853.92 519.13 358.45 175.50 150.32 4,202.00 2,816.30 7,505.46 617.15 6,578.86 15,045.30 11,780.00 5,650.00 75.50 190.00 3,430.84 23,993.13 31,231.40 Page 320 of 751 Page 13 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD EVANS,PAUL EVOLUTION WINDOW FILMS LTD. EWING FLAGPOLE CO.INC. EWING FLAGPOLE CO.INC. EXP SERVICES INC EXP SERVICES INC EXP SERVICES INC EXP SERVICES INC EXP SERVICES INC EXP SERVICES INC EXP SERVICES INC FABBRO,TERESA FAE NATURE FAIRLEY,HEATHER FALLS CHEVROLET CADILLAC FALLS CHEVROLET CADILLAC FALLS CHEVROLET CADILLAC FALLS CHEVROLET CADILLAC FALLS CHEVROLET CADILLAC FALLS CHEVROLET CADILLAC FALLS CHEVROLET CADILLAC FALLS CHEVROLET CADILLAC FALLS CHEVROLET CADILLAC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLSVIEW BIA FALLSWAY SUPPLY FALLSWAY SUPPLY FALLSWAY SUPPLY FALLSWAY SUPPLY FANSOLATO,WAYNE FARNAN, JR,GARY R FARNDON,GAIL FAST,DAVE FASTENAL CANADA LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FASTENAL CANADA LTD FATA,ALESSANDRA FEAVER,DARCY FELDMAN AGENCY, THE FELICETTI,ANNY FELICETTI,MIKE FELICETTI,SERGE FENNER,IVY F FEREN SIGNS & GRAPHICS FERGUSON,AMBER FERGUSON,SHAUN FERRARI,TINA MARIE FERRUCCIO,FORTE FESTIVALS & EVENTS ONTARIO FETIC,EVELIN FILION WAKELY THORUP ANGELETTI LLP FILION WAKELY THORUP ANGELETTI LLP FILION WAKELY THORUP ANGELETTI LLP FILLINGHAM,JANIE MARIE& FILLINGHAM, HAROLD FINERTY,DANIEL Z FINISH LINE NIAGARA INC. FIRE MARSHALS PUBLIC FIRE SAFETY COUNCIL FIRE MARSHALS PUBLIC FIRE SAFETY COUNCIL FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC Cheque No. Cheque Date 419332 19 -Sep -2018 420483 24 -Oct -2018 420013 11 -Oct -2018 420482 24 -Oct -2018 418553 22 -Aug -2018 418871 05 -Sep -2018 419333 19 -Sep -2018 418227 08 -Aug -2018 418378 15 -Aug -2018 419822 03 -Oct -2018 420014 11 -Oct -2018 420242 17 -Oct -2018 418554 22 -Aug -2018 419334 19 -Sep -2018 418680 29 -Aug -2018 419115 12 -Sep -2018 420484 24 -Oct -2018 418872 05 -Sep -2018 419116 12 -Sep -2018 419335 19 -Sep -2018 419592 26 -Sep -2018 419823 03 -Oct -2018 420015 11 -Oct -2018 418379 15 -Aug -2018 418066 01 -Aug -2018 418228 08 -Aug -2018 419824 03 -Oct -2018 419336 19 -Sep -2018 418067 01 -Aug -2018 418229 08 -Aug -2018 420016 11 -Oct -2018 420485 24 -Oct -2018 418681 29 -Aug -2018 419337 19 -Sep -2018 419593 26 -Sep -2018 419825 03 -Oct -2018 420017 11 -Oct -2018 418873 05 -Sep -2018 418874 05 -Sep -2018 420486 24 -Oct -2018 419594 26 -Sep -2018 418068 01 -Aug -2018 418875 05 -Sep -2018 419117 12 -Sep -2018 419338 19 -Sep -2018 419826 03 -Oct -2018 418230 08 -Aug -2018 419595 26 -Sep -2018 420018 11 -Oct -2018 420487 24 -Oct -2018 420488 24 -Oct -2018 418682 29 -Aug -2018 WIRE 20 -Sep -2018 419339 19 -Sep -2018 420490 24 -Oct -2018 418069 01 -Aug -2018 418876 05 -Sep -2018 418877 05 -Sep -2018 418654 29 -Aug -2018 420243 17 -Oct -2018 420492 24 -Oct -2018 420491 24 -Oct -2018 419118 12 -Sep -2018 420493 24 -Oct -2018 418070 01 -Aug -2018 420494 24 -Oct -2018 418878 05 -Sep -2018 419596 26 -Sep -2018 420495 24 -Oct -2018 419340 19 -Sep -2018 419597 26 -Sep -2018 420244 17 -Oct -2018 419598 26 -Sep -2018 420496 24 -Oct -2018 Purpose MATERIALS MATERIALS SERVICES TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS SERVICES TRAINING MATERIALS TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS VEH ID#567 VEH ID#60 VEH ID#67 CONTRACT SERVICES MATERIALS SERVICES SERVICES SERVICES SERVICES BIA LEVY 3RD MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY REFUND SERVICES MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS REFUND SERVICES TRAINING SERVICES REFUND REFUND MEMBERSHIP REFUND CONSULTING SERVICES CONSULTING SERVICES SERVICES REFUND REFUND MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES Amount 41,511.61 56,557.30 240.69 28.08 1,158.25 1,411.37 3,842.00 6,570.95 3,500.74 5,181.05 4,191.17 7,802.65 9,538.33 14,781.53 401.16 75.00 80.00 501.46 595.43 484.49 713.87 6,666.73 284.77 871.13 374.18 1,179.17 498.27 1,125.95 153.09 941.07 803.44 324.88 375,000.00 106.21 87.52 243.70 689.89 50.00 195.00 500.00 215.17 10.66 525.30 79.55 1,433.27 56.16 578.33 284.76 4,068.00 1,985.64 204.76 210.00 60,000.00 70.20 33.48 61.27 200.00 299.99 220.35 500.00 750.00 40.00 418.10 750.00 1,118.71 4,195.13 559.35 7.89 163.82 3,384.35 1,088.19 1,009.20 170.23 2,322.42 Page 321 of 751 Page 14 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME FIRE MONITORING OF CANADA INC FISHER,MARSHA& FISHER, JERRY DONALD FITZPATRICK,STEPHEN FITZPATRICK,STEPHEN FLAGS UNLIMITED INC FLAGS UNLIMITED INC FLECK,LISA FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLORES,BRENDA FLYNN,ADAM FOOTE,KATHRYN& FOOTE, GERRY FORMISANO,ADRIANO FORTE,LUCIA& FORTE, ANTONIO FOUR SEASONS CONSTRUCTION FOUR SEASONS CONSTRUCTION FRANK COWAN COMPANY LIMITED FRANK COWAN COMPANY LIMITED FRANZE,FRANK FRANZE,FRANK FRASER,HEATHER FRASER,RACHEL FRASER,RACHEL FRED GIESSLER ELECTRICAL LTD FREDERICK,RICK FRESH SET OF I'S FRETZ,IDA& FRETZ, JEFFREY FREW ENERGY LIMITED FREW ENERGY LIMITED FREW ENERGY LIMITED FREW ENERGY LIMITED FREW ENERGY LIMITED FROGGY'S AUTO GLASS LTD FROGGY'S AUTO GLASS LTD FROGGY'S AUTO GLASS LTD FROM SEA TO SEA ENTERPRISES FRONT ROW SPORTS EXCELLENCE FULTON, W I LLIAM G. O'CONNOR CONSULTANTS INC GABRIELLI,CYNTHIA MARIE GAGLIARDI,PETER GALANTE,PATRICK GALLERY WORKS NIAGARA INC GARDNER,CAROL GARDNER-DURDLE,TORENA GARDNER-DURDLE,TORENA GARNETT,JEFF GASCON,NICOLE& GASCON, ANDRE GASKIN,BRIEN GATTA,KATEY GAUBOC CONSTRUCTION LIMITED GAUBOC CONSTRUCTION LIMITED GAUBOC CONSTRUCTION LIMITED GAULD NURSERIES LTD GAZMEN,NEIL JAMES GB ENVIRONMENTAL SERVICES NIAGARA LTD GHD LIMITED GIRGENTI GIURA BROTHERS GLENVIEW HOMES GLOBAL INDUSTRIAL CANADA GLOBALSTAR CANADA GLOBALSTAR CANADA GLOBALSTAR CANADA GM BLUEPLAN ENGINEERING LIMITED GM BLUEPLAN ENGINEERING LIMITED Cheque No. Cheque Date 418879 05 -Sep -2018 420019 11 -Oct -2018 418071 01 -Aug -2018 419827 03 -Oct -2018 418880 05 -Sep -2018 418072 01 -Aug -2018 418231 08 -Aug -2018 418232 08 -Aug -2018 418881 05 -Sep -2018 419119 12 -Sep -2018 419341 19 -Sep -2018 418073 01 -Aug -2018 419599 26 -Sep -2018 419828 03 -Oct -2018 420020 11 -Oct -2018 420245 17 -Oct -2018 420497 24 -Oct -2018 418555 22 -Aug -2018 419600 26 -Sep -2018 419601 26 -Sep -2018 419829 03 -Oct -2018 418074 01 -Aug -2018 420021 11 -Oct -2018 420498 24 -Oct -2018 419120 12 -Sep -2018 419342 19 -Sep -2018 418233 08 -Aug -2018 419831 03 -Oct -2018 420246 17 -Oct -2018 418380 15 -Aug -2018 418683 29 -Aug -2018 419343 19 -Sep -2018 419832 03 -Oct -2018 418234 08 -Aug -2018 419602 26 -Sep -2018 418235 08 -Aug -2018 418882 05 -Sep -2018 419344 19 -Sep -2018 419603 26 -Sep -2018 420247 17 -Oct -2018 418883 05 -Sep -2018 419345 19 -Sep -2018 418381 15 -Aug -2018 419604 26 -Sep -2018 420022 11 -Oct -2018 419121 12 -Sep -2018 419833 03 -Oct -2018 420248 17 -Oct -2018 420499 24 -Oct -2018 419346 19 -Sep -2018 418075 01 -Aug -2018 418884 05 -Sep -2018 419347 19 -Sep -2018 419605 26 -Sep -2018 419122 12 -Sep -2018 420500 24 -Oct -2018 418885 05 -Sep -2018 419123 12 -Sep -2018 418076 01 -Aug -2018 418382 15 -Aug -2018 420501 24 -Oct -2018 418077 01 -Aug -2018 419124 12 -Sep -2018 420023 11 -Oct -2018 419348 19 -Sep -2018 418556 22 -Aug -2018 420502 24 -Oct -2018 418886 05 -Sep -2018 419350 19 -Sep -2018 418887 05 -Sep -2018 419349 19 -Sep -2018 420249 17 -Oct -2018 418383 15 -Aug -2018 420250 17 -Oct -2018 Purpose SERVICES REFUND TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS STORES/INVENTORY REFUND MATERIALS MATERIALS MATERIALS MATERIALS STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY MATERIALS REFUND REFUND REFUND REFUND SERVICES SERVICES SERVICES SERVICES TRAVEUMILEAGE TRAVEUMILEAGE SERVICES TRAVEUMILEAGE TRAVEUMILEAGE SERVICES SUBSCRIPTION TRAINING REFUND FUEL FUEL FUEL FUEL FUEL MATERIALS MATERIALS SERVICES MATERIALS MATERIALS REFUND CONSULTING SERVICES REFUND TRAVEUMILEAGE REFUND MATERIALS MATERIALS DISBURSEMENT GRANT MATERIALS CONTRACT SERVICES REFUND SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND CONTRACT SERVICES SERVICES MAINTENANCE/REPAIRS SERVICES REFUND MATERIALS SERVICES SERVICES SERVICES CONSULTING SERVICES CONSULTING SERVICES Amount 2,368.66 750.00 33.48 30.78 568.50 318.08 111.59 1,988.53 1,824.07 900.27 2,776.14 695.41 33.90 1,161.33 2,523.04 1,085.88 2,102.07 120.00 154.11 114.23 861.86 231.51 2,368.48 1,858.85 102,556.37 14,965.38 39.42 28.62 300.00 107.76 74.52 536.67 56.50 294.93 1,905.15 41,484.95 28,348.50 40,312.71 39,781.25 34,879.38 350.30 480.25 604.55 28.80 3,577.64 196.01 4,371.97 149.73 32.40 500.00 508.50 80.00 5,000.00 850.00 150.00 1,500.00 6.00 210.00 70,823.03 809.98 30,357.45 305.55 34.90 7,706.60 8,963.90 1,073.50 5,675.99 1,000.00 1,190.97 146.88 146.88 146.88 9,275.76 35,988.14 Page 322 of 751 Page 15 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME GM BLUEPLAN ENGINEERING LIMITED GM BLUEPLAN ENGINEERING LIMITED GN GLOBAL INVESTMENTS LTD GOGO FOOD CO. GOLIA,NICHOLAS JORDAN ANTHONY GONG,NONG GOODWILL INDUSTRIES OF NIAGARA GORDON BANNERMAN LTD GORILLA PROPERTY SERVICES GOUPIL,RENE NORMAND GRAND & TOY LIMITED GRAND & TOY LIMITED GRAYBAR CANADA GRAYBAR CANADA GRAYBAR CANADA GRAYBAR CANADA GRAYBAR CANADA GRAYBAR CANADA GRAYBAR CANADA GRAYBAR CANADA GRAYBAR CANADA GREAT LAKES FIRE SERVICES GREAT LAKES FIRE SERVICES GREAT LAKES FIRE SERVICES GREAT LAKES FIRE SERVICES GREAT LAKES FIRE SERVICES GREATER NIAGARA BASEBALL ASSOCIATION GREATER NIAGARA BOAT CLUB GREENSIDES,RICHARD& GREENSIDES, LOIS GRIFFIN LANDSCAPE GRIMWOOD,SHIRLEY VIVIAN GROOVE IDENTIFICATION SOLUTIONS INC GROOVE IDENTIFICATION SOLUTIONS INC GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUP TOUR MEDIA INC GROUP TOUR MEDIA INC GRUHL,JENNIFER GT FRENCH GT FRENCH GT FRENCH GT FRENCH GT FRENCH GT FRENCH GT FRENCH GUEDES,JORGE GUILD ELECTRIC LIMITED GUILD ELECTRIC LIMITED GUILD ELECTRIC LIMITED GUILD ELECTRIC LIMITED GUIRGUIS,RAFIK GULLION,RICHARD GULLION,RICHARD GUO,LI& TANG, GUANG LONG GYM CON LTD HALLEX ENGINEERING LTD HALLIDAY,ILEEN HAMBLET'S ROOFING & SIDING HAMILTON SANTA CLAUS PARADE HANDLEY,LORI-LEE& HANDLEY, STEVEN HANGIT UP SYSTEMS HARRIMAN,JOHN HARRIS TIME INC HARRY CHOI IN TRUST, HASTIE,LINDSAY HAYDON,DOUGLAS HAZMASTERS INC HDS CANADA INC HDS CANADA INC HEART NIAGARA INC HEART NIAGARA INC HEART NIAGARA INC HEART NIAGARA INC HEARTLAND FOREST NATURE EXPERIENCE Cheque No. Cheque Date 419125 12 -Sep -2018 418888 05 -Sep -2018 418684 29 -Aug -2018 418078 01 -Aug -2018 419126 12 -Sep -2018 419834 03 -Oct -2018 420503 24 -Oct -2018 419127 12 -Sep -2018 419351 19 -Sep -2018 420024 11 -Oct -2018 418889 05 -Sep -2018 420504 24 -Oct -2018 418384 15 -Aug -2018 418890 05 -Sep -2018 419128 12 -Sep -2018 419352 19 -Sep -2018 419606 26 -Sep -2018 419835 03 -Oct -2018 420025 11 -Oct -2018 420251 17 -Oct -2018 420505 24 -Oct -2018 419607 26 -Sep -2018 420506 24 -Oct -2018 419129 12 -Sep -2018 419836 03 -Oct -2018 420252 17 -Oct -2018 419753 27 -Sep -2018 419608 26 -Sep -2018 418891 05 -Sep -2018 418892 05 -Sep -2018 419353 19 -Sep -2018 418385 15 -Aug -2018 419837 03 -Oct -2018 418080 01 -Aug -2018 420507 24 -Oct -2018 US DRAFT 19 -Jul -2018 US DRAFT 01 -Oct -2018 419609 26 -Sep -2018 418081 01 -Aug -2018 418893 05 -Sep -2018 419130 12 -Sep -2018 419838 03 -Oct -2018 420508 24 -Oct -2018 420026 11 -Oct -2018 420253 17 -Oct -2018 420509 24 -Oct -2018 418237 08 -Aug -2018 418557 22 -Aug -2018 418685 29 -Aug -2018 418686 29 -Aug -2018 418687 29 -Aug -2018 418386 15 -Aug -2018 419610 26 -Sep -2018 418238 08 -Aug -2018 418894 05 -Sep -2018 420254 17 -Oct -2018 418895 05 -Sep -2018 420255 17 -Oct -2018 418387 15 -Aug -2018 420028 11 -Oct -2018 418388 15 -Aug -2018 419611 26 -Sep -2018 419354 19 -Sep -2018 418896 05 -Sep -2018 418897 05 -Sep -2018 418389 15 -Aug -2018 419355 19 -Sep -2018 418239 08 -Aug -2018 419612 26 -Sep -2018 419613 26 -Sep -2018 418082 01 -Aug -2018 418898 05 -Sep -2018 418240 08 -Aug -2018 418688 29 -Aug -2018 Purpose MATERIALS SERVICES REFUND MATERIALS REFUND REFUND REFUND MATERIALS SERVICES REFUND STORES/INVENTORY STORES/INVENTORY MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS GRANT FUEL REFUND SERVICES REFUND MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS GRANT MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS STORES/INVENTORY STORES/INVENTORY REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES LEASES AND RENTS MATERIALS SERVICES REFUND MATERIALS CONSULTING SERVICES REFUND SERVICES SERVICES REFUND MATERIALS SERVICES SERVICES REFUND REFUND GRANT MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS TRAINING MATERIALS Amount 21,937.83 16,293.75 6,270.99 300.00 750.00 195.13 10,819.80 642.10 770.21 750.00 55.33 28.02 38.71 274.13 216.70 2,792.51 252.62 349.77 1,575.03 1,000.60 914.38 67.80 741.28 39.55 127.13 124.30 45,146.59 950.95 3.00 11,519.97 141.25 1,014.68 192.04 847.50 1,271.25 1,000.00 1,000.00 850.00 2,371.66 142.93 268.00 129.69 847.09 256.87 327.70 750.00 13,147.64 48,147.92 3,229.08 11,407.83 75.00 3,084.90 3,186.60 980.85 2,148.13 2,147.00 5,000.00 3,449.18 1,300.00 166.16 55.96 4,164.00 1,158.25 88.15 750.00 1,800.00 234.79 15.83 173.39 316.40 2,137.25 384.20 8,277.80 474.60 Page 323 of 751 Page 16 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME HEBERT,WILMOND& HEBERT, NORMA HECTRONIC USA CORP HECTRONIC USA CORP HECTRONIC USA CORP HEMSON CONSULTING LTD HEMSON CONSULTING LTD HEMSON CONSULTING LTD HENDERSON,EGAN HERMOZA,VETZNA HERRING,DIANE HETHERINGTON,PETER HEXAGON GEOSPATIAL HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS MORLEY HAMILTON STEWART STORIE LLP HILL,MIKE HILLS,SHARON LAURA HODGSON,JAMES CLIFFORD HODKIN,MARK HOLLISTER,MACKENZIE HOLMAN,GEOFF HOLMAN,GEOFF HOLMAN,GEOFF HOLMES,TAMARA HOME TRUST CO HORNAK,MILAN HORNAK,MILAN HORTON AUTOMATICS OF ONTARIO HORTON AUTOMATICS OF ONTARIO HOSKINS,KRISTOPHER HOSPITALITY FALLSVIEW HOLDINGS INC HOSPITALITY FALLSVIEW HOLDINGS INC HOUSE,ED HOWARTH,ADAM HOWLETT,AVERY HOW LETT, RYAN HOY,CATHERINE HRDOWNLOADS INC HUANG,CHENG HUISMAN,TROY HULME-COOPER,KRISTEN HUNTER EXPOSITIONS HUNTER,JAMES HUSSEY,LEWIS HUTTON,SEAN IBI GROUP PROFESSSIONAL SERVICES (CANADA) INC IBI GROUP PROFESSSIONAL SERVICES (CANADA) INC ICECO ADVANCED ARENA PRODUCTS ICECO ADVANCED ARENA PRODUCTS IDEAL PLUMBING INEX HOMES INNOTEX INC. INNOVATIVE GATE SYSTEMS INC INNOVATIVE SURFACE SOLUTIONS CANADA INTUITION LANDSCAPE INTUITION LANDSCAPE IOANNONI,CAROLYNN IPH PLUMBING & HEATING IRVINE,MICHEAL IULIANO,LILLY J J MACKAY CANADA LTD J J MACKAY CANADA LTD J K JOUPPIEN HERITAGE RESOURCE CONSULTANT J K JOUPPIEN HERITAGE RESOURCE CONSULTANT JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACKET CELLAR JACKSON,DAVE Cheque No. Cheque Date 420510 24 -Oct -2018 US DRAFT 19 -Jul -2018 US DRAFT 10 -Sep -2018 US DRAFT 01 -Oct -2018 420029 11 -Oct -2018 418899 05 -Sep -2018 419132 12 -Sep -2018 418689 29 -Aug -2018 420031 11 -Oct -2018 420030 11 -Oct -2018 420511 24 -Oct -2018 418241 08 -Aug -2018 418390 15 -Aug -2018 420512 24 -Oct -2018 419133 12 -Sep -2018 419134 12 -Sep -2018 420513 24 -Oct -2018 420514 24 -Oct -2018 420515 24 -Oct -2018 419614 26 -Sep -2018 418083 01 -Aug -2018 419135 12 -Sep -2018 420256 17 -Oct -2018 420516 24 -Oct -2018 420257 17 -Oct -2018 418391 15 -Aug -2018 418690 29 -Aug -2018 419136 12 -Sep -2018 419839 03 -Oct -2018 419356 19 -Sep -2018 418691 29 -Aug -2018 420032 11 -Oct -2018 420033 11 -Oct -2018 418558 22 -Aug -2018 420517 24 -Oct -2018 419357 19 -Sep -2018 420518 24 -Oct -2018 418900 05 -Sep -2018 419137 12 -Sep -2018 418901 05 -Sep -2018 420519 24 -Oct -2018 418902 05 -Sep -2018 418242 08 -Aug -2018 420520 24 -Oct -2018 419840 03 -Oct -2018 418903 05 -Sep -2018 420258 17 -Oct -2018 420259 17 -Oct -2018 419138 12 -Sep -2018 420034 11 -Oct -2018 418904 05 -Sep -2018 418084 01 -Aug -2018 418905 05 -Sep -2018 418243 08 -Aug -2018 418692 29 -Aug -2018 418906 05 -Sep -2018 419139 12 -Sep -2018 418392 15 -Aug -2018 419140 12 -Sep -2018 419358 19 -Sep -2018 420522 24 -Oct -2018 418911 05 -Sep -2018 420261 17 -Oct -2018 419619 26 -Sep -2018 418907 05 -Sep -2018 419360 19 -Sep -2018 419615 26 -Sep -2018 419841 03 -Oct -2018 420035 11 -Oct -2018 418244 08 -Aug -2018 418393 15 -Aug -2018 418085 01 -Aug -2018 420036 11 -Oct -2018 419141 12 -Sep -2018 Purpose REFUND CONTRACT SERVICES/MATERIALS MATERIALS MATERIALS CONSULTING SERVICES SERVICES SERVICES HONOURARIUM REFUND SERVICES REFUND SERVICES CONSULTING SERVICES CONSULTING SERVICES SERVICES TRAINING REFUND REFUND TRAVEUMILEAGE REFUND TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE REFUND REFUND REFUND SELLBACK MATERIALS MATERIALS MATERIALS REFUND REFUND SERVICES REFUND REFUND MATERIALS REFUND RENEWAL REFUND REFUND REFUND MATERIALS MATERIALS TRAVEUMILEAGE GRANT SERVICES SERVICES CONTRACT SERVICES MATERIALS REFUND REFUND MATERIALS SERVICES MATERIALS SERVICES SERVICES SERVICES CONTRACT SERVICES REFUND REFUND CONTRACT SERVICES MATERIALS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS VEH ID#29 VEH ID#322 VEH ID#48 MATERIALS TRAVEUMILEAGE Amount 1,000.00 9,952.19 1,078.45 5,880.38 3,186.60 9,473.47 8,610.17 160.00 500.00 1,260.00 14.84 3,335.76 596.08 887.65 807.95 290.50 159.15 500.00 35.64 217.22 120.96 43.20 66.96 27.92 2,707.42 1,719.28 1,521.57 133.34 2,203.50 150.00 700,017.44 12,000.00 100.00 252.00 106.09 175.00 186.51 14,004.09 200.00 168.09 210.62 61.70 175.00 190.00 75.00 12,892.02 17,667.84 3,604.68 3,934.32 750.00 2,000.00 2,199.17 2,791.10 4,855.27 4,330.74 9,861.52 705.65 994.66 59.48 138.49 74.81 41.15 542.40 2,379.78 159.95 181.53 714.97 167.96 72.82 1,119.96 1,131.87 1,200.62 723.20 216.54 Page 324 of 751 Page 17 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME JACOBS,JACQUIE JAGUAR BOOK GROUP JAMES,ALLWYN& MUHAMMAD, NISAR JAMIESON,MARK JAMIESON,SCOTT JANASZE K, D EAN NA-LYN N JANET A. LEIPER JANSSEN,KYLE JAREB,MARINKO JAREB,MARINKO JBM OFFICE SYSTEMS LTD JEONG,WONJAE JESIK,MEGAN JEWISH NIAGARA JODI TAYLOR PHOTOGRAPHY JOE'S TRANSMISSION SERVICE AND ALS RAD SERVICE JOHN ARCHER AND ASSOCIATES JOHN ARCHER AND ASSOCIATES JOHN L. O'KANE JOHNNY RAG JOHNNY RAG JOHNSON,ERIC JOHNSON,MARGARET FEIR JOHNSTON,JOHNATHAN JOJACKS CONCRETE RAISING (NIAGARA) JOJACKS CONCRETE RAISING (NIAGARA) JUDGE,JIM JULES B BLOCH KAKEKALANICKS INDIGENOUS CONSULTING COMPANY KALLIO,JAMES KANDAS,WANDA KANDU POOLS LTD KANDU POOLS LTD KANDU POOLS LTD KARES,TED KAUPP ELECTRIC LTD KAUPP ELECTRIC LTD KAYE,RONALD ALLAN KEARNS,SIOBHAN KEEN,DAVID& BRZOZOWSKI, KATE KEENAN,DIANE KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KELLY SERVICES (CANADA) LTD. KELLY SERVICES (CANADA) LTD. KELLY SERVICES (CANADA) LTD. KELLY SERVICES (CANADA) LTD. KELLY SERVICES (CANADA) LTD. KELLY SERVICES (CANADA) LTD. KELLY SERVICES (CANADA) LTD. KELLY SERVICES (CANADA) LTD. KELLY SERVICES (CANADA) LTD. KELLY SERVICES (CANADA) LTD. KELMAN,WENDY KENNY,MELISSA KENWORTH TORONTO LTD KENWORTH TORONTO LTD KENWORTH TORONTO LTD KENWORTH TORONTO LTD KENWORTH TORONTO LTD KENWORTH TORONTO LTD KENWORTH TORONTO LTD KENWORTH TORONTO LTD KENWORTH TORONTO LTD KERRYT HOWE ENGINEERING LTD KERRY T HOWE ENGINEERING LTD KIENZLE,LORNA KING TOURS KINGS INN MOTOR LODGE Cheque No. Cheque Date 418693 29 -Aug -2018 419616 26 -Sep -2018 420521 24 -Oct -2018 420260 17 -Oct -2018 419617 26 -Sep -2018 419097 12 -Sep -2018 419142 12 -Sep -2018 418908 05 -Sep -2018 419618 26 -Sep -2018 419143 12 -Sep -2018 418086 01 -Aug -2018 418909 05 -Sep -2018 418694 29 -Aug -2018 418910 05 -Sep -2018 420037 11 -Oct -2018 419144 12 -Sep -2018 418087 01 -Aug -2018 420262 17 -Oct -2018 419146 12 -Sep -2018 419148 12 -Sep -2018 419842 03 -Oct -2018 419147 12 -Sep -2018 418559 22 -Aug -2018 419145 12 -Sep -2018 418394 15 -Aug -2018 418088 01 -Aug -2018 420523 24 -Oct -2018 419149 12 -Sep -2018 418089 01 -Aug -2018 419362 19 -Sep -2018 420524 24 -Oct -2018 418245 08 -Aug -2018 420038 11 -Oct -2018 419363 19 -Sep -2018 418395 15 -Aug -2018 418912 05 -Sep -2018 419150 12 -Sep -2018 418090 01 -Aug -2018 419620 26 -Sep -2018 420525 24 -Oct -2018 419151 12 -Sep -2018 418246 08 -Aug -2018 419152 12 -Sep -2018 419621 26 -Sep -2018 420263 17 -Oct -2018 420527 24 -Oct -2018 419365 19 -Sep -2018 420039 11 -Oct -2018 418091 01 -Aug -2018 418247 08 -Aug -2018 418396 15 -Aug -2018 420264 17 -Oct -2018 420528 24 -Oct -2018 418695 29 -Aug -2018 418913 05 -Sep -2018 419153 12 -Sep -2018 419366 19 -Sep -2018 420040 11 -Oct -2018 419154 12 -Sep -2018 420529 24 -Oct -2018 418092 01 -Aug -2018 418248 08 -Aug -2018 418914 05 -Sep -2018 419155 12 -Sep -2018 419367 19 -Sep -2018 419622 26 -Sep -2018 420041 11 -Oct -2018 420265 17 -Oct -2018 420530 24 -Oct -2018 419843 03 -Oct -2018 418915 05 -Sep -2018 419368 19 -Sep -2018 419623 26 -Sep -2018 419844 03 -Oct -2018 Purpose HONORARIUM MATERIALS REFUND REFUND TRAINING REFUND SERVICES MATERIALS GRANT HONOURARIUM MATERIALS REFUND SERVICES REFUND SERVICES SERVICES CONSULTING SERVICES SERVICES SERVICES MATERIALS MATERIALS REFUND REFUND REFUND CONTRACT SERVICES SERVICES TRAVEUMILEAGE SERVICES SERVICES REIMBURSEMENT REFUND MATERIALS MATERIALS REFUND MATERIALS MATERIALS SERVICES REFUND REFUND REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONSULTING SERVICES SERVICES REFUND REFUND REFUND Amount 250.00 314.37 52.83 150.00 297.40 200.00 6,780.00 150.00 850.00 550.00 266.68 500.00 150.00 1,250.00 250.00 226.00 30,752.95 24,871.30 10,824.63 91.96 338.80 177.72 282.94 66.34 4,972.00 508.50 35.64 10,439.26 735.00 125.61 199.83 264.35 4,488.79 750.00 150.00 861.06 340.13 111.80 184.21 19.89 205.40 29,467.89 27,050.14 6,331.77 18,621.65 1,695.00 6,331.77 6,365.11 13,836.36 1,345.49 14,542.61 1,950.53 3,657.03 1,508.83 11,649.86 1,412.33 1,230.16 1,668.06 150.24 42.38 359.96 937.58 930.75 2,123.40 1,893.97 320.97 257.53 3,980.46 106.42 11,230.18 4,591.20 1,250.00 40.00 8,988.44 Page 325 of 751 Page 18 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME KING-WINGER,KELLY ANNE KIRKPATRICK,THOMAS SHANE KIVISTO,BRIAN KLEENWAY BUILDING MAINTENANCE INC KLENZOID KO,SEUNGHEE& LAMERS, MATT KONIK,MELISSA KOSANOVICH,JOVAN KOTSKA,KEVIN KOUNTOUROGIANNIS,CHERYL ANN KOUROUSHIS,CHRISTALLA KRAHN,FRANK KRAWCZYK CONSTRUCTION MAINTENANCE INC KRAWCZYK CONSTRUCTION MAINTENANCE INC KRAWCZYK CONSTRUCTION MAINTENANCE INC KRAWCZYK CONSTRUCTION MAINTENANCE INC KRONSTEIN,MARK KROWN KROWN KROWN KROWN KROWN KROWN LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LAIRD PLASTICS (CANADA) INC LAITAN HOLDINGS CORPORATION LAKEVIEW VINEYARD EQUIPMENT INC. LANE,JAMES LAROSE,BRITTANY LAROSE,BRITTANY LAURCOAT INC. LAURCOAT INC. LAW CRUSHED STONE LAW CRUSHED STONE LAW CRUSHED STONE LAW CRUSHED STONE LAW CRUSHED STONE LAW CRUSHED STONE LAW CRUSHED STONE LAW CRUSHED STONE LAWNS AND MORE INC. LAWNS AND MORE INC. LAWNS AND MORE INC. LAWNS AND MORE INC. LAWNS AND MORE INC. LAWNS AND MORE INC. LAWSON PRODUCTS INC LAWSON PRODUCTS INC LAWSON PRODUCTS INC LAWSON PRODUCTS INC LAWSON PRODUCTS INC LAWSON PRODUCTS INC LAWSON PRODUCTS INC LAWSON PRODUCTS INC LAWSON PRODUCTS INC LAWSON PRODUCTS INC LAZIC,DRAGOMIR LEADERSHIP NIAGARA LEE,JINYOUNG LEE,JONG DAE LEGAULT,GERALD LEONE,LORENZO& LEONE, MARY LEPP,TAMMY JANE LESKOWSKY,THOMAS LESLIE,ANDREA LESNICKZEK,TEDDY Cheque No. Cheque Date 419156 12 -Sep -2018 419369 19 -Sep -2018 418916 05 -Sep -2018 420266 17 -Oct -2018 419370 19 -Sep -2018 420533 24 -Oct -2018 420531 24 -Oct -2018 420532 24 -Oct -2018 420267 17 -Oct -2018 419157 12 -Sep -2018 420042 11 -Oct -2018 418917 05 -Sep -2018 419158 12 -Sep -2018 419371 19 -Sep -2018 420534 24 -Oct -2018 418093 01 -Aug -2018 420535 24 -Oct -2018 418249 08 -Aug -2018 419159 12 -Sep -2018 419624 26 -Sep -2018 419845 03 -Oct -2018 420043 11 -Oct -2018 418397 15 -Aug -2018 418094 01 -Aug -2018 418398 15 -Aug -2018 418561 22 -Aug -2018 418918 05 -Sep -2018 419372 19 -Sep -2018 419625 26 -Sep -2018 419846 03 -Oct -2018 420044 11 -Oct -2018 420268 17 -Oct -2018 420269 17 -Oct -2018 418562 22 -Aug -2018 419373 19 -Sep -2018 418095 01 -Aug -2018 418399 15 -Aug -2018 418919 05 -Sep -2018 418563 22 -Aug -2018 419374 19 -Sep -2018 418250 08 -Aug -2018 418564 22 -Aug -2018 418920 05 -Sep -2018 419375 19 -Sep -2018 419626 26 -Sep -2018 419847 03 -Oct -2018 420270 17 -Oct -2018 420536 24 -Oct -2018 419376 19 -Sep -2018 420271 17 -Oct -2018 418565 22 -Aug -2018 418696 29 -Aug -2018 419627 26 -Sep -2018 420045 11 -Oct -2018 419848 03 -Oct -2018 420272 17 -Oct -2018 418251 08 -Aug -2018 418400 15 -Aug -2018 418566 22 -Aug -2018 418697 29 -Aug -2018 419377 19 -Sep -2018 419628 26 -Sep -2018 418096 01 -Aug -2018 419160 12 -Sep -2018 419378 19 -Sep -2018 419629 26 -Sep -2018 420273 17 -Oct -2018 420274 17 -Oct -2018 419379 19 -Sep -2018 418567 22 -Aug -2018 418698 29 -Aug -2018 418921 05 -Sep -2018 419380 19 -Sep -2018 420046 11 -Oct -2018 Purpose REFUND REFUND REIMBURSEMENT CONTRACT SERVICES MATERIALS REFUND REFUND TRAVEUMILEAGE TRAVEUMILEAGE REFUND REFUND SERVICES MAINTENANCE/REPAIRS MAINTENANCE/REPAIRS MATERIALS SERVICES TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS VEH ID#321 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAINING TRAINING MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS STORES/INVENTORY STORES/INVENTORY MATERIALS TRAINING REFUND REFUND REFUND REFUND REMITTANCE REFUND GRANT REFUND Amount 22.00 750.00 40.00 16,000.00 4,389.39 125.96 45.39 32.40 385.55 500.00 35.00 200.00 4,706.45 1,898.40 983.31 4,746.00 190.00 1,288.14 384.14 711.73 338.88 146.84 451.82 948.42 1,889.78 3,286.04 2,221.75 2,098.54 739.37 5,248.96 2,135.92 1,761.23 5,407.62 10,077.34 1,096.53 227.15 177.94 268.00 678.00 448.61 664.32 7,847.36 3,967.86 4,534.61 2,661.90 2,536.14 2,632.41 2,837.82 3,423.52 34,638.50 4,051.27 2,918.45 12,614.04 678.00 702.38 71.99 303.06 311.47 725.95 988.54 1,578.40 713.70 873.26 2,038.52 75.00 7,345.00 106.31 30.80 85.00 115.56 250.00 750.00 1,500.00 500.00 Page 326 of 751 Page 19 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME LETOURNEAU,ANDREA LETT ARCHITECTS INC LEVITT SAFETY LEYENHORST,JON LIAO,JEMMA LIGHTNING EQUIPMENT SALES INC LISA BLACK INC. LIVINGSTON INTERNATIONAL INC LIVINGSTON INTERNATIONAL INC LIVINGSTON INTERNATIONAL INC LIVINGSTON INTERNATIONAL INC LJ BARTON MECHANICAL INC LJ BARTON MECHANICAL INC LOEWEN,JAMIE& GUINGANIA-LOEWEN, SHARINA LOMBARDI,MICHAEL LORTIE,NATALIE LOUD + CLEAR LOW,JANICE LUBY,ALYSSA LUCIOW,CARRIE LUMINATOR MASS TRANSIT, LLC LUNDY'S LANE BIA M&L SUPPLY FIRE AND SAFETY M.K. RITTENHOUSE & SONS LTD MACDOUGALL,NORM MACGILLIVRAY,BILLE& MACGILLIVRAY, C/O MISS RANDY MACKENZIE,RON MACKENZIE,RON MACKENZIE,WARREN MACLEOD,JOHN MACNAUGHTON HERMSEN BRITTON CLARKSON PLANNING LIMf 418570 MACNAUGHTON HERMSEN BRITTON CLARKSON PLANNING LIMf 419632 MACNAUGHTON HERMSEN BRITTON CLARKSON PLANNING LIMf 420542 MACNAUGHTON HERMSEN BRITTON CLARKSON PLANNING LIMf 418703 MACW HIRTER,MATT MADDALENA,PATRICK LOUIS MAIN & FERRY BIA MAIN & FERRY BIA MAIURI,JAKE MALATEST,RANDALL& MALATEST, ANN MARIE MALIK,RASHID MALLALEY,KEVIN MAN A MILE MANCHESTER BY VICTORIAVILLE MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANCUSO CHEMICALS LIMITED MANOJLOVIC,STEVAN MANOR CLEANERS MANOR CLEANERS MANPOWER MANPOWER MANPOWER MANPOWER MANPOWER MANPOWER MANPOWER MANSELL,EDWARD& MANSELL, MARLENE MANTLER,LAURA MARACLE,TERRY MARAZZO,ASHLEY MARAZZO,ASHLEY MARCHIO,JOSEPH& MARCHIO, LINDA MAR -CO CLAY PRODUCTS INC Cheque No. Cheque Date 418699 29 -Aug -2018 420047 11 -Oct -2018 419849 03 -Oct -2018 419381 19 -Sep -2018 418401 15 -Aug -2018 419851 03 -Oct -2018 419852 03 -Oct -2018 418253 08 -Aug -2018 418569 22 -Aug -2018 419383 19 -Sep -2018 419853 03 -Oct -2018 418701 29 -Aug -2018 420049 11 -Oct -2018 420276 17 -Oct -2018 420277 17 -Oct -2018 420278 17 -Oct -2018 419384 19 -Sep -2018 419631 26 -Sep -2018 420279 17 -Oct -2018 420538 24 -Oct -2018 US DRAFT 10 -Sep -2018 418702 29 -Aug -2018 420561 24 -Oct -2018 418579 22 -Aug -2018 420540 24 -Oct -2018 420539 24 -Oct -2018 418403 15 -Aug -2018 420541 24 -Oct -2018 420543 24 -Oct -2018 418922 05 -Sep -2018 22 -Aug -2018 26 -Sep -2018 24 -Oct -2018 29 -Aug -2018 418923 05 -Sep -2018 418099 01 -Aug -2018 418100 01 -Aug -2018 418704 29 -Aug -2018 420050 11 -Oct -2018 418924 05 -Sep -2018 420051 11 -Oct -2018 419161 12 -Sep -2018 419754 27 -Sep -2018 418571 22 -Aug -2018 418101 01 -Aug -2018 418254 08 -Aug -2018 418572 22 -Aug -2018 418705 29 -Aug -2018 418925 05 -Sep -2018 419162 12 -Sep -2018 419385 19 -Sep -2018 419633 26 -Sep -2018 419854 03 -Oct -2018 420052 11 -Oct -2018 420280 17 -Oct -2018 420544 24 -Oct -2018 418404 15 -Aug -2018 419855 03 -Oct -2018 420281 17 -Oct -2018 419634 26 -Sep -2018 418102 01 -Aug -2018 418573 22 -Aug -2018 418706 29 -Aug -2018 418927 05 -Sep -2018 419386 19 -Sep -2018 419635 26 -Sep -2018 420053 11 -Oct -2018 418255 08 -Aug -2018 418926 05 -Sep -2018 418932 05 -Sep -2018 419636 26 -Sep -2018 418707 29 -Aug -2018 420054 11 -Oct -2018 418929 05 -Sep -2018 Purpose REMITTANCE REFUND TRAINING MATERIALS TRAINING MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS REFUND MATERIALS MATERIALS REFUND TRAVEUMILEAGE MATERIALS LEVY 3RD MATERIALS MATERIALS TRAVEUMILEAGE REFUND MATERIALS TRAVEUMILEAGE MATERIALS MEMBERSHIP MATERIALS MATERIALS MATERIALS REMITTANCE TRAINING REFUND REMITTANCE REMITTANCE MATERIALS REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS VEH ID#538 MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND REFUND GRANT REMITTANCE REFUND MATERIALS Amount 250.00 1,250.00 128.59 112.99 200.57 479.12 159.66 40.87 164.44 66.10 259.61 17,065.26 97,632.00 107.23 150.00 157.07 463.30 850.00 29.09 18.36 960.00 64,303.25 3,646.36 182.92 32.40 786.24 150.00 35.64 150.00 135.60 6,574.91 3,635.78 1,935.43 15,872.15 50.00 750.00 10,000.00 5,000.00 375.00 750.00 275.78 150.00 350.00 4,514.35 679.01 613.47 1,564.79 1,195.33 521.54 557.28 550.35 552.10 424.72 651.25 619.92 1,243.06 640.47 50.00 180.05 213.17 32,127.93 16,795.07 28,280.40 16,429.54 7,406.78 13,370.68 615.62 4,723.59 72.53 98.88 500.00 250.00 1,000.00 1,483.01 Page 327 of 751 Page 20 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME MARIAGE,LORRAINE D MARINELAND OF CANADA MARJERRISON,MATTHEW MARK'S COMMERCIAL MARK'S COMMERCIAL MARK'S COMMERCIAL MARK'S COMMERCIAL MARK'S COMMERCIAL MARK'S COMMERCIAL MARK'S COMMERCIAL MARK'S COMMERCIAL MARK'S COMMERCIAL MARK'S COMMERCIAL MARKS SUPPLY INC MARKS SUPPLY INC MARKS SUPPLY INC MARKS SUPPLY INC MARKS SUPPLY INC MARKS SUPPLY INC MARKS SUPPLY INC MARKS SUPPLY INC MARKS SUPPLY INC MARKS SUPPLY INC MARKS SUPPLY INC MARONE,ALESSANDRO MARONE,ALESSANDRO MARRIOTT,RITA MARROQUIN,HUGO& MARROQUIN, OLGA MARSILI,MIKE MARSILLO,RITA MARTIN SHEPPARD FRASER LLP MARTIN SHEPPARD FRASER LLP MARTIN SHEPPARD FRASER LLP MARTIN SHEPPARD FRASER LLP MASLEK,JOVO MASLEK,JOVO MATER,BRENDAN MATSON,BILL MATTATALL,JOHN RAYMOND MATTATALL,RAY MATTEUCCI,CHRIS MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 418106 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 418934 MAURICE,STEVE MAURICE,STEVE MAURICE,STEVE MAXIMA HOLDINGS CORP. MAXWELL PAPER CANADA INC MAZI,KATIE MCBLAIN,JOHN MCBURNEY DURDAN HENDERSON & CORBETT IN TRUST MCBURNEY DURDAN HENDERSON & CORBETT IN TRUST MCCONNERY,STAN MCCONNERY,TRAVIS MCCONNERY,TROY MCCONVEY,LARA MCCRIMMON,CHIPEWYAN MCCULLOUGH,CATHY& HALUCHA, JAMES MCD MECHANICAL MCD MECHANICAL MCDONALD,KENT MCDONALD,MATT MCDONALD,PAMELA MCEACHERN,LIVIA MCEACHERN,LIVIA MCGEE MARKING DEVICES MCGUIRE,SHANE MCLAUGHLIN,CHRISTINA MCLEOD SQUARE INC. MCMURRAY,ELEANOR MCMURRAY,ELEANOR MCNAMARA,SUSAN MCNEIL MANAGEMENT SERVICES MCNEIL MANAGEMENT SERVICES Cheque No. Cheque Date 420284 17 -Oct -2018 419856 03 -Oct -2018 418931 05 -Sep -2018 418574 22 -Aug -2018 418641 24 -Aug -2018 418709 29 -Aug -2018 418930 05 -Sep -2018 419163 12 -Sep -2018 419387 19 -Sep -2018 419857 03 -Oct -2018 420055 11 -Oct -2018 420282 17 -Oct -2018 420545 24 -Oct -2018 418104 01 -Aug -2018 418256 08 -Aug -2018 418405 15 -Aug -2018 418575 22 -Aug -2018 418710 29 -Aug -2018 419164 12 -Sep -2018 419388 19 -Sep -2018 419637 26 -Sep -2018 419858 03 -Oct -2018 420056 11 -Oct -2018 420283 17 -Oct -2018 418103 01 -Aug -2018 418928 05 -Sep -2018 418406 15 -Aug -2018 418708 29 -Aug -2018 418105 01 -Aug -2018 420285 17 -Oct -2018 418257 08 -Aug -2018 419389 19 -Sep -2018 420057 11 -Oct -2018 420546 24 -Oct -2018 419638 26 -Sep -2018 420547 24 -Oct -2018 419859 03 -Oct -2018 420058 11 -Oct -2018 418711 29 -Aug -2018 420548 24 -Oct -2018 420286 17 -Oct -2018 01 -Aug -2018 05 -Sep -2018 418258 08 -Aug -2018 419165 12 -Sep -2018 419940 04 -Oct -2018 418107 01 -Aug -2018 420287 17 -Oct -2018 418935 05 -Sep -2018 419390 19 -Sep -2018 418474 22 -Aug -2018 420549 24 -Oct -2018 420550 24 -Oct -2018 420551 24 -Oct -2018 419639 26 -Sep -2018 418407 15 -Aug -2018 419391 19 -Sep -2018 418936 05 -Sep -2018 418712 29 -Aug -2018 420553 24 -Oct -2018 419392 19 -Sep -2018 420552 24 -Oct -2018 418408 15 -Aug -2018 418108 01 -Aug -2018 419860 03 -Oct -2018 420554 24 -Oct -2018 419166 12 -Sep -2018 420059 11 -Oct -2018 419861 03 -Oct -2018 418109 01 -Aug -2018 420289 17 -Oct -2018 420290 17 -Oct -2018 418409 15 -Aug -2018 419167 12 -Sep -2018 Purpose REFUND MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND REFUND MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE MATERIALS TRAVEUMILEAGE MATERIALS TRAVEUMILEAGE REFUND MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE TRAVEUMILEAGE REFUND MATERIALS GRANT REFUND MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE TRAINING REFUND GRANT REFUND CONTRACT SERVICES REFUND REFUND TRAVEUMILEAGE REFUND TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS REFUND REFUND REFUND REFUND REFUND TRAVEUMILEAGE MATERIALS MATERIALS Amount 110.02 1,130.00 129.02 10,798.01 2,503.95 283.54 2,792.77 2,355.07 11,751.04 420.75 1,361.39 4,242.70 4,087.28 1,238.88 1,195.40 1,154.50 834.55 7,240.28 1,475.70 973.11 2,392.71 10.52 73.55 26.61 1,000.00 750.00 330.35 3,335.10 175.00 40.00 8,223.78 547.52 292.39 6,864.76 150.00 29.16 175.00 180.36 30.00 30.24 27.38 6,497.50 2,429.50 117.72 70.20 83.16 750.00 360.70 250.00 141.25 500.00 9,500.00 35.64 36.72 303.40 25.00 1,500.00 750.00 3,000.00 500.00 750.00 35.64 31.00 110.70 105.30 937.90 407.00 500.00 5,102.32 281.70 8.23 190.00 1,456.00 452.00 Page 328 of 751 Page 21 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME MCQUAY,JANET MCRAE,JESSICA MCTIGUE,COLLEEN ME OLSEN TITLES INC MEDAK,ZORAN MEDIA PRO INC MEDIA PRO INC MEDICAL TECHNOLOGY (WB) INC MEDICAL TECHNOLOGY (WB) INC MERCIER,RACHEL& BRETON, CHRISTIAN MERIDIAN CREDIT UNION MERIDIAN CREDIT UNION MERIDIAN CREDIT UNION MESKIS,JEFF METAL SUPERMARKETS METAL SUPERMARKETS METAL SUPERMARKETS METAL SUPERMARKETS METHNER,PETER METRO PLUMBING & HEATING METRO PLUMBING & HEATING METRO PLUMBING & HEATING METRO PLUMBING & HEATING METRO PLUMBING & HEATING METROLAND MEDIA GROUP METROLAND MEDIA GROUP METROLAND MEDIA GROUP MG PROMOTIONS MICALLEF,VOULA MICHAEL'S CARPET AND FLOORING (NIAGARA) LTD MICHITSCH,ERIC MICIELI,ANTONIO Cheque No. 419640 419641 419642 419170 419394 418938 419169 418111 420061 418714 419644 419645 420556 420292 418112 418577 419395 419863 420062 419171 419396 419647 419864 420063 418715 419646 418113 418410 420294 420293 420557 418114 MIKOLAJEWSKI POWER AND CONTROL CONSULTING ENGINEEF418939 MILJUS,MITCHELL ANTHONY MILLER,RONALD MILLS,AARON MILLS,J.T. MILNER,JONATHAN MINA,MICHAEL LITO MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF TRANSPORTATION MINISTRY OF TRANSPORTATION MIRKA,MACY MISSISSAUGA BUS COACH & TRUCK REPAIRS INC MISSISSAUGA BUS COACH & TRUCK REPAIRS INC MISSISSAUGA BUS COACH & TRUCK REPAIRS INC MISSISSAUGA BUS COACH & TRUCK REPAIRS INC MISSISSAUGA BUS COACH & TRUCK REPAIRS INC MISSISSAUGA BUS COACH & TRUCK REPAIRS INC MISSISSAUGA BUS COACH & TRUCK REPAIRS INC MISSISSAUGA BUS COACH & TRUCK REPAIRS INC MISSISSAUGA BUS COACH & TRUCK REPAIRS INC MISTER TRANSMIISSION 419398 420295 419397 420558 418716 418098 418940 418116 418717 419649 419755 420559 420560 418115 418718 419400 419502 419648 420296 420400 418260 00166-0006 00168-0004 00170-0006 00173-0004 00175-0007 00179-0004 00182-0004 419172 420297 419401 418261 418578 418719 418941 419173 419402 419650 419865 420065 419651 Cheque Date 26 -Sep -2018 26 -Sep -2018 26 -Sep -2018 12 -Sep -2018 19 -Sep -2018 05 -Sep -2018 12 -Sep -2018 01 -Aug -2018 11 -Oct -2018 29 -Aug -2018 26 -Sep -2018 26 -Sep -2018 24 -Oct -2018 17 -Oct -2018 01 -Aug -2018 22 -Aug -2018 19 -Sep -2018 03 -Oct -2018 11 -Oct -2018 12 -Sep -2018 19 -Sep -2018 26 -Sep -2018 03 -Oct -2018 11 -Oct -2018 29 -Aug -2018 26 -Sep -2018 01 -Aug -2018 15 -Aug -2018 17 -Oct -2018 17 -Oct -2018 24 -Oct -2018 01 -Aug -2018 05 -Sep -2018 19 -Sep -2018 17 -Oct -2018 19 -Sep -2018 24 -Oct -2018 29 -Aug -2018 01 -Aug -2018 05 -Sep -2018 01 -Aug -2018 29 -Aug -2018 26 -Sep -2018 27 -Sep -2018 24 -Oct -2018 24 -Oct -2018 01 -Aug -2018 29 -Aug -2018 19 -Sep -2018 20 -Sep -2018 26 -Sep -2018 17 -Oct -2018 22 -Oct -2018 08 -Aug -2018 30 -Jul -2018 13 -Aug -2018 27 -Aug -2018 10 -Sep -2018 24 -Sep -2018 09 -Oct -2018 22 -Oct -2018 12 -Sep -2018 17 -Oct -2018 19 -Sep -2018 08 -Aug -2018 22 -Aug -2018 29 -Aug -2018 05 -Sep -2018 12 -Sep -2018 19 -Sep -2018 26 -Sep -2018 03 -Oct -2018 11 -Oct -2018 26 -Sep -2018 Purpose TRAVEUMILEAGE REFUND MATERIALS MATERIALS GRANT MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REFUND REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES ADVERTISING ADVERTISING COURIER MATERIALS REFUND MATERIALS MATERIALS REFUND MATERIALS REFUND TRAVEUMILEAGE MATERIALS MATERIALS TRAVEUMILEAGE REFUND MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE MATERIALS MATERIALS GRANT MATERIALS STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY MATERIALS Amount 119.88 221.44 850.00 39.55 2,500.00 146.90 216.96 180.53 419.23 1,808.00 854.00 640.00 1,000.00 92.63 585.15 178.05 522.49 114.19 162.72 2,819.85 26,215.61 8,994.72 6,408.66 15,165.27 6,109.46 3,623.46 6,096.35 81.36 123.41 3,655.55 175.00 750.00 565.00 500.00 190.00 175.00 50.84 5.18 1,000.00 19,200.00 77,192.93 76,605.16 4,400.69 76,235.71 4,334.41 75,318.14 4,407.10 4,360.82 921.00 54,251.55 1,100.00 16,939.50 53,259.00 1,170.00 4,105.02 4,105.02 4,105.02 4,105.02 3,874.24 3,874.24 3,820.40 627.00 470.25 2,500.00 7,284.40 5,817.57 4,655.19 2,702.38 6,109.21 6,649.50 18,797.71 6,378.25 15,016.68 3,535.49 Page 329 of 751 Page 22 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME MITCHELL 1 MITCHELL,RYAN MIZRAHI,GUITTY MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOHAWK MFG & SUPPLY CO MOLDENHAUER,KATHY MONGELLUZZO,AMATO MONTANA,CHUCK MONTREUIL,CHRISTOPHER MOON,JIYEON (LIA) MOON,JIYEON (LIA) MOON-MATZ LTD. MORNEAU SHEPELL LTD MORNEAU SHEPELL LTD MORNEAU SHEPELL LTD MORNEAU SHEPELL LTD MORNINGSTAR,RAYMOND MOROCCO,JOYCE MOROCCO,JOYCE MORRIS,IAN MORRISON FINANCIAL MORTGAGE CORPORATION MORTON,DALE MORTON,HAILEY MOUNTAINVIEW HOMES LTD MOUNTAINVIEW HOMES LTD MOUNTAINVIEW HOMES LTD MULLER,KATHRYN MULLER'S WORKWEAR MULLER'S WORKWEAR MULLER'S WORKWEAR MULLER'S WORKWEAR MULLER'S WORKWEAR MULTISOLV INC. MUNICIPAL FINANCE OFFICERS' ASSOCIATION OF ONTARIO 418726 MUNICIPAL LAW DEPARTMENTS ASSOCIATION OF ONTARIO (CI1419655 MUNICIPAL WORLD INC 418727 MURPHY'S MUSIC 419869 MURRAY,TERRENCE 420566 MUSCROFT,JULIE 418948 MUSSARI,GUISEPPE GIOVANNI 419407 MYRON SMARTER BUSINESS GIFTS ULC 420070 NAGY,HANYA 418121 NAGY,HANYA 418412 NAGY,HANYA 418949 NAGY,HANYA 419656 NAGY,HANYA 419870 NAGY,HANYA 420300 NELLA CUTLERY (HAMILTON) INC. 418122 NELLA CUTLERY (HAMILTON) INC. 418584 NELLA CUTLERY (HAMILTON) INC. 418950 NELLA CUTLERY (HAMILTON) INC. 419176 NELLA CUTLERY (HAMILTON) INC. 419657 NELLA CUTLERY (HAMILTON) INC. 420071 NELLA CUTLERY (HAMILTON) INC. 420301 NELLA CUTLERY (HAMILTON) INC. 420567 NEOPOST LEASING SERVICES CANADA LTD. 420568 NEUSTAEDTER,ANDREW& NEUSTAEDTER, DEANNA 419658 NEWPORT,MICHAEL 418413 Cheque No. Cheque Date 418262 08 -Aug -2018 420066 11 -Oct -2018 419403 19 -Sep -2018 418580 22 -Aug -2018 418720 29 -Aug -2018 418942 05 -Sep -2018 419652 26 -Sep -2018 419866 03 -Oct -2018 420562 24 -Oct -2018 418411 15 -Aug -2018 419404 19 -Sep -2018 418117 01 -Aug -2018 418263 08 -Aug -2018 418581 22 -Aug -2018 418721 29 -Aug -2018 418943 05 -Sep -2018 419174 12 -Sep -2018 419653 26 -Sep -2018 420067 11 -Oct -2018 420298 17 -Oct -2018 420563 24 -Oct -2018 418264 08 -Aug -2018 419938 04 -Oct -2018 420068 11 -Oct -2018 420564 24 -Oct -2018 419405 19 -Sep -2018 420299 17 -Oct -2018 420565 24 -Oct -2018 418119 01 -Aug -2018 418582 22 -Aug -2018 418724 29 -Aug -2018 420069 11 -Oct -2018 418118 01 -Aug -2018 418322 14 -Aug -2018 418722 29 -Aug -2018 419867 03 -Oct -2018 418723 29 -Aug -2018 418265 08 -Aug -2018 418944 05 -Sep -2018 418120 01 -Aug -2018 418945 05 -Sep -2018 419175 12 -Sep -2018 418946 05 -Sep -2018 418583 22 -Aug -2018 418725 29 -Aug -2018 418947 05 -Sep -2018 419654 26 -Sep -2018 419868 03 -Oct -2018 419406 19 -Sep -2018 29 -Aug -2018 26 -Sep -2018 29 -Aug -2018 03 -Oct -2018 24 -Oct -2018 05 -Sep -2018 19 -Sep -2018 11 -Oct -2018 01 -Aug -2018 15 -Aug -2018 05 -Sep -2018 26 -Sep -2018 03 -Oct -2018 17 -Oct -2018 01 -Aug -2018 22 -Aug -2018 05 -Sep -2018 12 -Sep -2018 26 -Sep -2018 11 -Oct -2018 17 -Oct -2018 24 -Oct -2018 24 -Oct -2018 26 -Sep -2018 15 -Aug -2018 Purpose MATERIALS REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY TRAVEUMILEAGE REFUND MATERIALS REFUND MATERIALS TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REFUND MATERIALS MATERIALS MATERIALS REFUND TRAVEUMILEAGE TRAVEUMILEAGE REFUND REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND MATERIALS PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND MATERIALS Amount 3,762.90 750.00 750.00 5,096.32 95.89 5,253.86 4,030.99 4,977.40 4,268.62 2,020.44 20,484.62 5,342.90 285.43 723.63 879.13 837.82 1,149.21 324.78 6,264.45 331.81 4,611.58 167.40 40.00 150.00 500.00 44.05 95.15 4,429.60 2,726.46 4,503.39 2,726.46 3,986.41 500.00 340.00 904.96 175.00 800,000.00 510.30 27.54 2,100.00 385.02 58.12 208.18 243.66 200.00 121.83 357.58 121.83 878.34 259.90 30.00 484.77 1,367.30 750.00 750.00 149.73 1,147.13 487.70 203.85 280.65 235.05 141.45 213.90 33.90 169.50 33.90 203.40 33.90 22.60 33.90 90.40 661.05 158.53 150.00 Page 330 of 751 Page 23 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME NEXTERRA SUBSTRUCTURES INC NEXTERRA SUBSTRUCTURES INC NEXTERRA SUBSTRUCTURES INC NEXTERRA SUBSTRUCTURES INC NEXTERRA SUBSTRUCTURES INC NEXTERRA SUBSTRUCTURES INC NEXTERRA SUBSTRUCTURES INC NEXUS ACTUARIAL CONSULTANTS LTD NFMHA ANGE GIAJNORIO TOUR, NGO,CHRISTINE NGO,CHRISTINE NIACON LIMITED CONSTRUCTION COMPANY NIACON LIMITED CONSTRUCTION COMPANY NIACON LIMITED CONSTRUCTION COMPANY NIACON LIMITED CONSTRUCTION COMPANY NIAGARA AV SYSTEMS NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INCORPORATED NIAGARA BLOCK INCORPORATED NIAGARA BLOCK INCORPORATED NIAGARA BLOCK INCORPORATED NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CATHOLIC DISTRICT SCHOOL BOARD (EDC) NIAGARA CATHOLIC DISTRICT SCHOOL BOARD (EDC) NIAGARA CHRYSLER DODGE JEEP NIAGARA CHRYSLER DODGE JEEP NIAGARA CHRYSLER DODGE JEEP NIAGARA CHRYSLER DODGE JEEP NIAGARA CHRYSLER DODGE JEEP NIAGARA CHRYSLER DODGE JEEP NIAGARA CONSTRUCTION ASSOCIATION NIAGARA CUSTOM CONSTRUCTION NIAGARA CUSTOM POWDER COATING INC NIAGARA CUSTOM POWDER COATING INC NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA CUSTOM SIGNS & GRAPHICS NIAGARA DEVELOPMENT CORRIDOR PARTNERSHIP NIAGARA DINING & ENTERTAINMENT NIAGARA DISTRICT FIREFIGHTERS ASSOCIATION NIAGARA ENTREPRENEUR AWARDS INC NIAGARA FALLS ART GALLERY NIAGARA FALLS ART GALLERY NIAGARA FALLS ART GALLERY NIAGARA FALLS ELVIS FESTIVAL NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS JR CANUCKS NIAGARA FALLS MINOR HOCKEY ASSOCIATION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC Cheque No. Cheque Date 418123 01 -Aug -2018 418187 02 -Aug -2018 418638 23 -Aug -2018 418639 23 -Aug -2018 418640 23 -Aug -2018 419408 19 -Sep -2018 420302 17 -Oct -2018 418267 08 -Aug -2018 418124 01 -Aug -2018 418728 29 -Aug -2018 419177 12 -Sep -2018 418416 15 -Aug -2018 419663 26 -Sep -2018 420571 24 -Oct -2018 420074 11 -Oct -2018 420072 11 -Oct -2018 418125 01 -Aug -2018 418268 08 -Aug -2018 418951 05 -Sep -2018 419409 19 -Sep -2018 420303 17 -Oct -2018 420569 24 -Oct -2018 419179 12 -Sep -2018 419178 12 -Sep -2018 420073 11 -Oct -2018 419659 26 -Sep -2018 419871 03 -Oct -2018 418414 15 -Aug -2018 418585 22 -Aug -2018 418729 29 -Aug -2018 418730 29 -Aug -2018 419660 26 -Sep -2018 419872 03 -Oct -2018 420570 24 -Oct -2018 00175-0008 24 -Sep -2018 00181-0002 15 -Oct -2018 00176-0004 28 -Sep -2018 00169-0003 20 -Aug -2018 00181-0003 15 -Oct -2018 418126 01 -Aug -2018 418415 15 -Aug -2018 418586 22 -Aug -2018 419661 26 -Sep -2018 418952 05 -Sep -2018 418731 29 -Aug -2018 419662 26 -Sep -2018 418954 05 -Sep -2018 418587 22 -Aug -2018 420572 24 -Oct -2018 418953 05 -Sep -2018 419410 19 -Sep -2018 420304 17 -Oct -2018 418270 08 -Aug -2018 419411 19 -Sep -2018 420075 11 -Oct -2018 419873 03 -Oct -2018 418588 22 -Aug -2018 419664 26 -Sep -2018 420573 24 -Oct -2018 419666 26 -Sep -2018 418589 22 -Aug -2018 419665 26 -Sep -2018 418955 05 -Sep -2018 419412 19 -Sep -2018 420305 17 -Oct -2018 419874 03 -Oct -2018 419875 03 -Oct -2018 00166-0007 30 -Jul -2018 00175-0009 24 -Sep -2018 00179-0005 09 -Oct -2018 00168-0005 13 -Aug -2018 00170-0007 27 -Aug -2018 00172-0002 04 -Sep -2018 00173-0005 10 -Sep -2018 Purpose CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS GRANT TRAVEUMILEAGE TRAVEL/MILEAGE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY VEH ID#120 VEH ID#154 VEH ID#157 VEH ID#318 VEH ID#319 VEH ID#337 VEH ID#474 VEH ID#6 MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND REMITTANCE REMITTANCE REMITTANCE VEH ID#262 VEH ID#47 VEH ID#53 VEH ID#54 VEH ID#650 VEH ID#652 TRAINING REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MEMBERSHIP MATERIALS GRANT GRANT GRANT MATERIALS GRANT GRANT MATERIALS MATERIALS MATERIALS ADVERTISING GRANT PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE Amount 513,658.05 84,006.35 5,164.15 285,719.32 15,196.57 157,035.69 199,801.66 2,106.60 1,500.00 5.94 10.80 315,839.88 452,054.51 493,047.25 20,000.00 452.00 178.21 1,796.87 1,127.68 3,361.67 2,081.23 4,074.21 939.36 1,034.52 515.90 2,167.89 629.32 388.16 1,353.66 16.01 1,331.28 98.08 178.31 290.61 1,250.00 1,250.00 3,332,370.35 92,880.00 6,020.00 122.04 834.58 587.14 46.33 436.86 24.75 372.90 750.00 1,299.50 841.85 158.20 22.60 1,559.40 3,000.00 565.00 225.00 2,500.00 2,250.00 2,250.00 2,250.00 2,125.00 43,961.83 43,961.83 280.00 280.00 120.00 300.00 1,470.00 16,005.53 16,357.72 8,570.52 8,055.00 8,055.00 7,874.45 8,312.76 Page 331 of 751 Page 24 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS TOURISM ASSOCIATION NIAGARA FALLS TOURISM ASSOCIATION NIAGARA FITNESS SOLUTIONS NIAGARA FITNESS SOLUTIONS NIAGARA HEALTH SYSTEM NIAGARA HEALTH SYSTEM NIAGARA HEALTH SYSTEM NIAGARA HISTORICAL SOCIETY & MUSEUM NIAGARA METER SERVICES INC. NIAGARA METER SERVICES INC. NIAGARA METER SERVICES INC. NIAGARA METER SERVICES INC. NIAGARA METER SERVICES INC. NIAGARA METER SERVICES INC. NIAGARA ON THE LAKE HYDRO INC NIAGARA ON THE LAKE HYDRO INC NIAGARA ON THE LAKE HYDRO INC NIAGARA P.T.S. ANXIETY & PAIN MANAGEMENT CENTRE NIAGARA PARKS COMMISSION NIAGARA PARKS COMMISSION NIAGARA PARKS COMMISSION NIAGARA PARKS COMMISSION NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PINES DEVELOPMENTS LTD NIAGARA PINES DEVELOPMENTS LTD NIAGARA RADIO GROUP INC NIAGARA REGION NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL BROADBAND NETWORK NIAGARA RESEARCH AND PLANNING COUNCIL NIAGARA RESORTS INC. NIAGARA RIVER TRADING COMPANY NIAGARA SPRING SERVICE LTD NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRAINING SYSTEMS INC. NICHOLLS MARINE LTD NICHOLLS MARINE LTD NICHOLLS MARINE LTD NICK'S TRUCK PARTS INC. NICKS,JOAN NOBLE CORPORATION NOBLE CORPORATION NOBLE CORPORATION NOBLE CORPORATION NORMAND,CLAIRE NORTHLAND DISTRIBUTION LTD. NORTRAX CANADA INC. NORTRAX CANADA INC. NOURANI,KARIM NOVAQUIP LIFTING SYSTEMS INC. NOVAQUIP LIFTING SYSTEMS INC. NOVELLO,SEBASTIAN NSF INTERNATIONAL STRATEGIC REGISTRATIONS CANADA NURTON,TIMOTHY DOUGLAS JOHN O.A.P.S.O. OACETT OACETT OBACZ,CHRISTOPHER LAWRENCE Cheque No. Cheque Date 00182-0005 22 -Oct -2018 419667 26 -Sep -2018 418732 29 -Aug -2018 418590 22 -Aug -2018 420076 11 -Oct -2018 418127 01 -Aug -2018 420077 11 -Oct -2018 420574 24 -Oct -2018 419414 19 -Sep -2018 418417 15 -Aug -2018 418733 29 -Aug -2018 419180 12 -Sep -2018 419668 26 -Sep -2018 420078 11 -Oct -2018 420575 24 -Oct -2018 418591 22 -Aug -2018 419876 03 -Oct -2018 420576 24 -Oct -2018 418273 08 -Aug -2018 418271 08 -Aug -2018 418956 05 -Sep -2018 419181 12 -Sep -2018 420306 17 -Oct -2018 419669 26 -Sep -2018 418272 08 -Aug -2018 418128 01 -Aug -2018 418418 15 -Aug -2018 418592 22 -Aug -2018 418734 29 -Aug -2018 418957 05 -Sep -2018 419182 12 -Sep -2018 419415 19 -Sep -2018 419877 03 -Oct -2018 420080 11 -Oct -2018 420307 17 -Oct -2018 420577 24 -Oct -2018 418129 01 -Aug -2018 420578 24 -Oct -2018 418958 05 -Sep -2018 418618 22 -Aug -2018 418593 22 -Aug -2018 419670 26 -Sep -2018 420579 24 -Oct -2018 420082 11 -Oct -2018 419878 03 -Oct -2018 420085 11 -Oct -2018 418274 08 -Aug -2018 418419 15 -Aug -2018 420083 11 -Oct -2018 420308 17 -Oct -2018 419416 19 -Sep -2018 418130 01 -Aug -2018 418594 22 -Aug -2018 420580 24 -Oct -2018 419417 19 -Sep -2018 420084 11 -Oct -2018 418420 15 -Aug -2018 418595 22 -Aug -2018 418960 05 -Sep -2018 419418 19 -Sep -2018 419419 19 -Sep -2018 419420 19 -Sep -2018 418131 01 -Aug -2018 418421 15 -Aug -2018 420309 17 -Oct -2018 419671 26 -Sep -2018 418961 05 -Sep -2018 420581 24 -Oct -2018 419183 12 -Sep -2018 420086 11 -Oct -2018 419421 19 -Sep -2018 419672 26 -Sep -2018 420310 17 -Oct -2018 419184 12 -Sep -2018 Purpose REMITTANCE GRANT REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES UTILITIES UTILITIES UTILITIES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES REFUND REFUND GRANT MATERIALS MATERIALS SERVICES SERVICES MATERIALS REFUND MATERIALS MATERIALS VEH ID#PUMPER #3 #572 ADVERTISING ADVERTISING MATERIALS MATERIALS MATERIALS VEH ID#501 VEH ID#134 GRANT MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS VEH ID#483 REFUND CONTRACT SERVICES MATERIALS REFUND MATERIALS REFUND TRAINING MEMBERSHIP MEMBERSHIP REFUND Amount 16,745.00 30,000.00 30,000.00 647.78 3,965.58 45.00 45.00 18,130.38 59.70 5,483.78 4,415.25 5,801.53 7,229.29 6,357.61 4,908.83 141.17 145.76 150.88 450.00 41,600.00 57,118.11 32,001.60 32,357.55 785.00 542.40 178,801.11 6,343.85 100,956.29 84,045.41 2,642.35 6,047.80 2,768.29 195,506.70 6,775.18 1,740.68 518.16 2,500.00 1,000.00 25,000.00 500.00 17,853.89 18,305.89 18,305.89 5,000.00 6,674.04 220.92 474.51 1,152.65 319.79 3,240.99 242.39 299.79 3,051.00 623.04 104.48 1,050.00 39.39 169.37 41.34 20.20 2,260.00 143.91 55.01 283.67 181.25 10,323.79 926.37 750.00 1,921.00 750.00 1,377.00 244.24 244.24 113.00 Page 332 of 751 Page 25 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME O'DELL ASSOCIATES INC. OFFICE EQUIPMENT SERVICES O'HARA TRUCKING & EXCAVATING OIL FILTRATION SPECIALISTS INC OMERS OMERS OMERS OMERS OMERS OMERS OMERS OMERS OMNI BASEMENT SYSTEMS OMNI BASEMENT SYSTEMS ON POINT LANDSCAPING INC ONTARIO BUILDING OFFICIALS ASSOCIATION ONTARIO CHARITABLE GAMING ASSOCIATION ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD ONTARIO MACHINERY EXCHANGE INC. ONTARIO ONE CALL ONTARIO ONE CALL ONTARIO ONE CALL ONTARIO ONE CALL ONTARIO POWER GENERATION ONTARIO POWER GENERATION INC OPTIMIST CLUB OF NIAGARA FALLS ORKIN CANADA CORPORATION ORKIN CANADA CORPORATION ORKIN CANADA CORPORATION ORSINI BROS INNS INC ORSINI,EFISIA LISA OSMOW'S INC OVERLAND CUSTOM COACH (2007) INC. OVERLAND CUSTOM COACH (2007) INC. OVERLAND CUSTOM COACH (2007) INC. OVERLAND CUSTOM COACH (2007) INC. OZA INSPECTIONS LTD OZER,OSCAN PAGE,JENNIFER MAY PAGUIO,VIVIAN PALENCIK,JAN PANGAN,CORNELIO& PANGAN, GINA PAPAZIAN HEISEY MYERS BARRISTERS & SOLICITORS PARADISE POOLS PARADISE POOLS PARADISE POOLS PARADISE POOLS PARADISE POOLS PARADISE POOLS PARADISE POOLS PARK,YOUNG MI PARKWAY TOWING INC PARLATORE,DOMENIC PARSONS INC PARTIPILO,MICHAEL PARTY CONNECTION PAUL DRAY LEGAL SERVICES PAUL DRAY LEGAL SERVICES PC AUTO ELECTRIC PC AUTO ELECTRIC PCI PRO CONTRACTORS INC PCI PRO CONTRACTORS INC PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PEEBLES,TAYLOR PELFREY,PAUL PELLIZZARI,GERRY PELOQUIN,SARAH PENINSULA CONSTRUCTION INC. PENINSULA HOSE & HYDRAULICS LTD. PENINSULA HOSE & HYDRAULICS LTD. PENINSULA HOSE & HYDRAULICS LTD. PENINSULA PEST CONTROL LTD Cheque No. Cheque Date 418735 29 -Aug -2018 420582 24 -Oct -2018 419185 12 -Sep -2018 418275 08 -Aug -2018 00166-0008 30 -Jul -2018 00166-0009 30 -Jul -2018 00171-0001 27 -Aug -2018 00171-0002 27 -Aug -2018 00175-0010 24 -Sep -2018 00175-0011 24 -Sep -2018 00167-0004 06 -Aug -2018 00167-0005 06 -Aug -2018 418962 05 -Sep -2018 419186 12 -Sep -2018 420311 17 -Oct -2018 419422 19 -Sep -2018 420584 24 -Oct -2018 418597 22 -Aug -2018 418963 05 -Sep -2018 418596 22 -Aug -2018 419187 12 -Sep -2018 419673 26 -Sep -2018 420583 24 -Oct -2018 420312 17 -Oct -2018 418642 24 -Aug -2018 418132 01 -Aug -2018 418133 01 -Aug -2018 419188 12 -Sep -2018 420087 11 -Oct -2018 420585 24 -Oct -2018 420586 24 -Oct -2018 418964 05 -Sep -2018 418598 22 -Aug -2018 418965 05 -Sep -2018 419879 03 -Oct -2018 420587 24 -Oct -2018 418422 15 -Aug -2018 420313 17 -Oct -2018 418966 05 -Sep -2018 420588 24 -Oct -2018 420589 24 -Oct -2018 418967 05 -Sep -2018 418134 01 -Aug -2018 418135 01 -Aug -2018 418276 08 -Aug -2018 418424 15 -Aug -2018 418643 24 -Aug -2018 418737 29 -Aug -2018 418968 05 -Sep -2018 419189 12 -Sep -2018 420315 17 -Oct -2018 420088 11 -Oct -2018 419880 03 -Oct -2018 420314 17 -Oct -2018 418136 01 -Aug -2018 420089 11 -Oct -2018 418138 01 -Aug -2018 418969 05 -Sep -2018 420090 11 -Oct -2018 418738 29 -Aug -2018 419674 26 -Sep -2018 419881 03 -Oct -2018 419190 12 -Sep -2018 419423 19 -Sep -2018 420590 24 -Oct -2018 418739 29 -Aug -2018 419191 12 -Sep -2018 419424 19 -Sep -2018 419425 19 -Sep -2018 418425 15 -Aug -2018 419426 19 -Sep -2018 420091 11 -Oct -2018 419882 03 -Oct -2018 419427 19 -Sep -2018 Purpose MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE REMITTANCE REFUND SERVICES CONTRACT SERVICES ADVERTISING TRAINING MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS REMITTANCE REMITTANCE REFUND MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY CONSULTING SERVICES REFUND REFUND GRANT TRAVEUMILEAGE REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS REFUND MATERIALS REFUND MATERIALS MATERIALS MATERIALS VEH ID#274 VEH ID#347 MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND REFUND GRANT CONTRACT SERVICES MATERIALS MATERIALS VEH ID#476 CONTRACT SERVICES Amount 1,090.45 79.10 8,726.99 1,159.38 719,202.30 36,771.42 720,927.74 36,733.64 732,451.78 36,018.14 684.82 21.96 750.00 1,350.35 20,809.37 304.93 395.50 587.60 164.64 1,002.06 1,017.60 1,020.71 998.95 1,039.60 2,825.00 1,250.00 168.37 168.37 168.37 2,250.00 750.00 1,250.00 1,375.63 235.26 554.63 1,114.92 807.95 137.27 150.03 779.52 32.40 92.00 1,313.63 1,510.91 3,716.00 4,219.37 1,637.66 640.43 869.65 80.36 143.61 1,525.50 163.33 16,253.64 214.14 259.90 1,017.00 734.50 381.09 303.12 3,842.00 8,968.81 349.85 321.09 1,311.82 250.00 129.39 750.00 2,500.00 1,012.48 152.12 281.91 121.68 2,440.80 Page 333 of 751 Page 26 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME PENINSULA PEST CONTROL LTD PENNER BUILDING CENTRE PENNER BUILDING CENTRE PENNER BUILDING CENTRE PENNER BUILDING CENTRE PENNER BUILDING CENTRE PENNER BUILDING CENTRE PERRI-MED PERRIN,SABRINA PETERS EXCAVATING INC PETERS EXCAVATING INC PETERSON,DON PETERSONS UPHOLSTERING PETLEY-EBERHARDT,KAREN PETTI,NIKKO PETTI,NIKKO PHELAN,KYLE PHELPS,ASHLEY MARIE PIEDL,BRIANNE P IETRANGELO,JONATHAN P IETRANGELO, N ICHOLAS PIGEON,ROGER PINDERS SECURITY PRODUCTS PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PIPEFLO CONTRACTING CORPORATION PIROSKO,JASON PIROSKO,JASON PIRSON,MIKE PLANTS CHOICE PLATA,BRYON PLATA,BRYON PLATO,JAY DOUGLAS PLAYCHEK SERVICES INC. PLAYPOWER LT CANADA INC PLAYPOWER LT CANADA INC PLAYPOWER LT CANADA INC PML FOODS POOLE,DAVID POST FOODS CANADA CORP POTATO FACTORY GRILL CORP PPG ARCHITECTURAL COATINGS CANADA INC PRAXAIR PRAXAIR PRAXAIR PRAXAIR PRECISION CURB CUTTING LTD PRECISION CURB CUTTING LTD PRECISION CURB CUTTING LTD PRECISION CURB CUTTING LTD PRECISION CURB CUTTING LTD PREMIER EQUIPMENT LTD PREMIER EQUIPMENT LTD PREMIER EQUIPMENT LTD PREMIER TRUCK GROUP PREMIER TRUCK GROUP PREMIER TRUCK GROUP PREMIER TRUCK GROUP PREMIER TRUCK GROUP PREMIER TRUCK GROUP PREMIER TRUCK GROUP PREMIER TRUCK GROUP PREMIER TRUCK GROUP PREVOST PREVOST PREVOST PREVOST PREVOST Cheque No. Cheque Date 420316 17 -Oct -2018 418600 22 -Aug -2018 418740 29 -Aug -2018 419428 19 -Sep -2018 419675 26 -Sep -2018 420317 17 -Oct -2018 420592 24 -Oct -2018 418601 22 -Aug -2018 420092 11 -Oct -2018 418742 29 -Aug -2018 419883 03 -Oct -2018 418741 29 -Aug -2018 420318 17 -Oct -2018 418970 05 -Sep -2018 418602 22 -Aug -2018 419429 19 -Sep -2018 419430 19 -Sep -2018 420319 17 -Oct -2018 418971 05 -Sep -2018 418972 05 -Sep -2018 419884 03 -Oct -2018 420320 17 -Oct -2018 418743 29 -Aug -2018 418277 08 -Aug -2018 418603 22 -Aug -2018 418973 05 -Sep -2018 419192 12 -Sep -2018 419431 19 -Sep -2018 419676 26 -Sep -2018 420321 17 -Oct -2018 420593 24 -Oct -2018 420093 11 -Oct -2018 420594 24 -Oct -2018 419677 26 -Sep -2018 419432 19 -Sep -2018 418604 22 -Aug -2018 418605 22 -Aug -2018 419678 26 -Sep -2018 420595 24 -Oct -2018 418974 05 -Sep -2018 418606 22 -Aug -2018 418975 05 -Sep -2018 419679 26 -Sep -2018 420322 17 -Oct -2018 418140 01 -Aug -2018 418426 15 -Aug -2018 420323 17 -Oct -2018 420324 17 -Oct -2018 418607 22 -Aug -2018 419193 12 -Sep -2018 419680 26 -Sep -2018 420596 24 -Oct -2018 418278 08 -Aug -2018 418427 15 -Aug -2018 418608 22 -Aug -2018 419433 19 -Sep -2018 420325 17 -Oct -2018 418279 08 -Aug -2018 419194 12 -Sep -2018 419681 26 -Sep -2018 418141 01 -Aug -2018 418428 15 -Aug -2018 418609 22 -Aug -2018 418976 05 -Sep -2018 419885 03 -Oct -2018 420094 11 -Oct -2018 418744 29 -Aug -2018 419682 26 -Sep -2018 419195 12 -Sep -2018 418429 15 -Aug -2018 418142 01 -Aug -2018 418610 22 -Aug -2018 418977 05 -Sep -2018 419196 12 -Sep -2018 Purpose CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS GRANT CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND TRAVEUMILEAGE TRAVEL/MILEAGE GRANT REFUND REFUND TRAINING MATERIALS TRAVEL/MILEAGE STORES/INVENTORY CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS TRAINING MATERIALS MATERIALS MATERIALS TRAVEL/MILEAGE REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS STORES/INVENTORY VEH ID#125 VEH ID#2392 VEH ID#536 MATERIALS STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY Amount 1,339.05 571.30 152.55 799.58 70.13 824.34 18.19 100.00 400.00 1,817.04 11,010.72 525.00 161.36 750.00 186.30 198.18 1,500.00 170.94 99.45 277.76 150.00 114.83 88.58 6,834.24 18,550.08 7,810.56 2,928.96 1,952.64 2,928.96 10,739.52 7,810.56 13,023.25 150.00 297.40 150.00 680.26 45.00 42.50 750.00 1,356.00 49,444.96 1,299.50 46,841.19 60.00 120.00 76,526.56 6.30 144.74 358.30 433.56 735.51 53.04 5,512.48 874.20 995.64 704.15 486.78 104.13 274.84 44.18 614.96 261.19 468.04 152.66 94.72 227.16 1,482.57 283.16 563.94 2,929.56 2,159.22 1,557.70 6,032.10 4,230.86 Page 334 of 751 Page 27 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME PREVOST PREVOST PREVOST PREVOST PREVOST PREVOST PRIMARY CARE NIAGARA - NIAGARA FALLS PRIMARY CARE NIAGARA - NIAGARA FALLS PRIMARY CARE NIAGARA - NIAGARA FALLS PRIMARY CARE NIAGARA - NIAGARA FALLS PRIMARY CARE NIAGARA - NIAGARA FALLS PRINTING HOUSE LTD PRINTING HOUSE LTD PRINTING HOUSE LTD PRINTING HOUSE LTD PRINTING HOUSE LTD PRINTING HOUSE LTD PRINTING HOUSE LTD PRINTING HOUSE LTD PRINTING HOUSE LTD PRINTING HOUSE LTD PRO BATTERY SHOPS PRO BATTERY SHOPS PRO BATTERY SHOPS PROFORMA PROJECT SHARE PROJECT SHARE PROSIA,MICHAEL ANTHONY PRZEDBORSKI,MELISSA PSECO INC PUROLATOR INC PUROLATOR INC PUROLATOR INC PUROLATOR INC PUROLATOR INC PUROLATOR INC PUROLATOR INC PUROLATOR INC PUROLATOR INC PUROLATOR INC PUROLATOR INC PVS CONTRACTORS PYBUS,ARTHUR& PYBUS, JENNIFER RENEE PYBUS,MARILYN PYKE,MELANI PYRAMID TRAFFIC INC QALAM,ALI QRX TECHNOLOGY GROUP/KERR NORTON QUANTUM NIAGARA GYMNASTICS QUARANTA,ROCCO QUINTE PLASTICS R J SMITH EQUIPMENT INC R J SMITH EQUIPMENT INC R J SMITH EQUIPMENT INC R J SMITH EQUIPMENT INC R J SMITH EQUIPMENT INC R J SMITH EQUIPMENT INC R W HAMILTON LTD. R W HAMILTON LTD. R.V.W PRINTING INC RACINE,PETER RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAMM,DAVID RAMROOP,OMAR Cheque No. Cheque Date 419434 19 -Sep -2018 419683 26 -Sep -2018 419886 03 -Oct -2018 420095 11 -Oct -2018 420326 17 -Oct -2018 420597 24 -Oct -2018 418143 01 -Aug -2018 418280 08 -Aug -2018 419197 12 -Sep -2018 419435 19 -Sep -2018 420096 11 -Oct -2018 418430 15 -Aug -2018 418144 01 -Aug -2018 418281 08 -Aug -2018 418611 22 -Aug -2018 418978 05 -Sep -2018 419198 12 -Sep -2018 419436 19 -Sep -2018 419684 26 -Sep -2018 420327 17 -Oct -2018 420598 24 -Oct -2018 418431 15 -Aug -2018 418145 01 -Aug -2018 419887 03 -Oct -2018 419686 26 -Sep -2018 418745 29 -Aug -2018 419687 26 -Sep -2018 418979 05 -Sep -2018 420328 17 -Oct -2018 420097 11 -Oct -2018 418282 08 -Aug -2018 418612 22 -Aug -2018 418746 29 -Aug -2018 418980 05 -Sep -2018 419199 12 -Sep -2018 419438 19 -Sep -2018 419688 26 -Sep -2018 419888 03 -Oct -2018 420098 11 -Oct -2018 420329 17 -Oct -2018 420599 24 -Oct -2018 418981 05 -Sep -2018 420330 17 -Oct -2018 418982 05 -Sep -2018 419689 26 -Sep -2018 418283 08 -Aug -2018 419690 26 -Sep -2018 419439 19 -Sep -2018 419889 03 -Oct -2018 420600 24 -Oct -2018 420099 11 -Oct -2018 418149 01 -Aug -2018 418436 15 -Aug -2018 418990 05 -Sep -2018 419209 12 -Sep -2018 419451 19 -Sep -2018 420337 17 -Oct -2018 418438 15 -Aug -2018 419213 12 -Sep -2018 418756 29 -Aug -2018 418983 05 -Sep -2018 418146 01 -Aug -2018 418432 15 -Aug -2018 418613 22 -Aug -2018 418747 29 -Aug -2018 418984 05 -Sep -2018 419200 12 -Sep -2018 419440 19 -Sep -2018 419890 03 -Oct -2018 420100 11 -Oct -2018 420331 17 -Oct -2018 420601 24 -Oct -2018 418985 05 -Sep -2018 419201 12 -Sep -2018 Purpose STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS STORES/INVENTORY STORES/INVENTORY MATERIALS GRANT GRANT REFUND REFUND MATERIALS COURIER COURIER COURIER COURIER COURIER COURIER COURIER COURIER COURIER COURIER COURIER CONTRACT SERVICES REFUND REFUND MATERIALS CONTRACT SERVICES REFUND SERVICES GRANT TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY REFUND REFUND Amount 3,503.30 3,378.36 3,128.40 3,908.48 7,441.52 6,225.75 3,557.00 1,785.00 915.00 500.00 549.00 122.09 742.18 59.77 186.10 498.98 39.99 122.09 716.03 1,409.44 1,031.97 1,419.85 1,727.98 3,575.05 4,843.33 24,866.67 24,866.67 750.00 59.77 1,122.09 80.35 223.12 80.45 79.26 224.60 224.44 128.42 16.59 853.58 530.08 44.29 141.25 255.66 88.47 850.00 23,470.10 64.37 138.37 467.00 35.64 1,911.96 480.25 2,649.79 960.50 4,559.55 474.60 3,243.10 191.06 132.78 2,926.70 232.39 3,365.44 670.54 962.90 154.68 56.95 173.92 1,099.57 1,407.87 2,321.31 95.99 681.01 750.00 89.50 Page 335 of 751 Page 28 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RAPATTONI,MARLA RATCHATHAM BUDDHIST SOCIETY RATKOVIC,BOJAN RBC RBC RBC LIFE INSURANCE COMPANY RBC LIFE INSURANCE COMPANY RBC LIFE INSURANCE COMPANY REALTAX INC REALTAX INC REALTAX INC REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL FOR CANADA RECEIVER GENERAL FOR CANADA RECREATIONAL MINOR HOCKEY RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC. RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC. RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC. RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC. REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REFRIGERATION ENERGY SOLUTIONS LTD REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RELIABLE PROMOTIONS RESORT ON THE FALLS INC REYNOLDS,ROBERT& REYNOLDS, VALERIE RICHARD CROSSMAN ENTERPRISES RICHARD CROSSMAN ENTERPRISES RICHARD CROSSMAN ENTERPRISES RICHARDSON,MARK RICOH CANADA INC RICOH CANADA INC RICOH CANADA INC RICOH CANADA INC RICOH CANADA INC RING,JOANNE RIOCAN HOLDINGS INC RIOCAN HOLDINGS INC. RIOCAN HOLDINGS INC. RIOCAN HOLDINGS INC. RIOCAN HOLDINGS INC. RIOCAN HOLDINGS INC. RIOUX,STEPHANIE Cheque No. Cheque Date 418433 15 -Aug -2018 418434 15 -Aug -2018 418748 29 -Aug -2018 419202 12 -Sep -2018 419441 19 -Sep -2018 419691 26 -Sep -2018 420101 11 -Oct -2018 420332 17 -Oct -2018 419203 12 -Sep -2018 419442 19 -Sep -2018 419692 26 -Sep -2018 419892 03 -Oct -2018 418147 01 -Aug -2018 419204 12 -Sep -2018 419891 03 -Oct -2018 419205 12 -Sep -2018 419443 19 -Sep -2018 420102 11 -Oct -2018 420602 24 -Oct -2018 419893 03 -Oct -2018 418284 08 -Aug -2018 418614 22 -Aug -2018 418986 05 -Sep -2018 419444 19 -Sep -2018 420333 17 -Oct -2018 418615 22 -Aug -2018 419693 26 -Sep -2018 419894 03 -Oct -2018 418616 22 -Aug -2018 418987 05 -Sep -2018 419445 19 -Sep -2018 419206 12 -Sep -2018 418148 01 -Aug -2018 418285 08 -Aug -2018 418435 15 -Aug -2018 418617 22 -Aug -2018 418749 29 -Aug -2018 418988 05 -Sep -2018 419446 19 -Sep -2018 419694 26 -Sep -2018 419895 03 -Oct -2018 420103 11 -Oct -2018 420334 17 -Oct -2018 420603 24 -Oct -2018 00182-0006 22 -Oct -2018 420604 24 -Oct -2018 00166-0010 30 -Jul -2018 00172-0003 04 -Sep -2018 00173-0006 10 -Sep -2018 00175-0012 24 -Sep -2018 00179-0006 09 -Oct -2018 00167-0006 06 -Aug -2018 00177-0002 01 -Oct -2018 00181-0004 15 -Oct -2018 420104 11 -Oct -2018 420105 11 -Oct -2018 418750 29 -Aug -2018 418619 22 -Aug -2018 420106 11 -Oct -2018 420605 24 -Oct -2018 418751 29 -Aug -2018 419896 03 -Oct -2018 420335 17 -Oct -2018 418620 22 -Aug -2018 419447 19 -Sep -2018 420606 24 -Oct -2018 419695 26 -Sep -2018 420107 11 -Oct -2018 418752 29 -Aug -2018 418622 22 -Aug -2018 419448 19 -Sep -2018 420336 17 -Oct -2018 419207 12 -Sep -2018 419208 12 -Sep -2018 Purpose CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND GRANT REFUND REFUND REMITTANCE REMITTANCE REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE CONTRACT SERVICES REMITTANCE GRANT MATERIALS MATERIALS MATERIALS VEH ID#2266 CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES ADVERTISING MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE MATERIALS REMITTANCE REFUND MATERIALS MATERIALS MATERIALS TRAVEL/MILEAGE CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES SERVICES MATERIALS REFUND CONTRACT SERVICES LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS MATERIALS REFUND Amount 7,299.00 19,440.47 22,090.17 11,155.15 5,989.61 161,249.17 11,271.77 40.00 163.69 2,500.00 600.00 114.33 1,965.07 1,967.83 1,960.58 1,774.10 197.75 423.75 1,333.40 494,709.43 522,788.71 544,134.98 513,575.67 519,457.77 488,095.77 2,152.65 201,497.26 235.00 1,785.40 403.14 149.45 739.97 1,101.30 3,623.36 2,268.03 9,741.06 1,494.43 12,218.91 2,370.18 3,960.35 1,011.19 9,324.25 1,202.71 2,608.11 9,122.13 1,100.00 1,054,824.00 2,403,372.02 149.16 804.00 11,278.57 21,836,992.14 3,330,755.16 20,623,736.04 1,530.30 1,031,088.41 141.25 847.50 226.00 847.50 349.38 2,133.53 21,239.48 7,256.68 7,229.89 9,449.70 850.00 22,780.28 609.38 3,209.62 3,209.62 3,209.62 441.84 152.00 Page 336 of 751 Page 29 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME RITZEMA,BILL RIVER REALTY DEVELOPMENT (1976) INC RIVERSIDE BRASS RIVERSIDE BRASS RIVERSIDE BRASS RIVERSIDE BRASS ROBBINS,REBECKA ROBICHAUD,DONALD ROCHESTER MIDLAND CANADA CORPORATION ROCHESTER MIDLAND CANADA CORPORATION ROCHESTER MIDLAND CANADA CORPORATION ROCHESTER MIDLAND CANADA CORPORATION RODGERS,DAVID ROGERS WIRELESS ROGERS WIRELESS ROGERS WIRELESS ROGERS WIRELESS ROGERS WIRELESS INC ROGERS WIRELESS INC ROGERS WIRELESS INC ROGERS WIRELESS INC ROGERS WIRELESS INC ROMANUK,ROBERT RONALD C. ELLENS APPRAISALS INC RONNIES GENERATOR SERVICE LTD. ROSSI,JERRI ROY,KEVAN ROYAL CANADIAN LEGION BRANCH 51/POPPY FUND RUSK,LORI LEE SACCO,FRED SAFE STOR RECORDS MANAGEMENT SAFE STOR RECORDS MANAGEMENT SAFETY-KLEEN CANADA INC SAFETY-KLEEN CANADA INC SAFETY-KLEEN CANADA INC SAFETY-KLEEN CANADA INC SAGE,BRIAN SAKS,THOMAS SALVATORE,BEN SANDHERR,LINDSAY SANI GEAR SANI GEAR SANI GEAR SANI GEAR SANI GEAR SANI GEAR SARKANY,DAVID SASSAFRAS FARMS SASSAFRAS FARMS SASSAFRAS FARMS SASSAFRAS FARMS SAWA,DEBORAH SCARAMUZZO,VINCE SCHUMAN,JENNIFER SCHUTT,JARED SCHUTT,JARED SCOTIABANK BILL PAYMENT SERVICES SCOTIABANK CONVENTION CENTRE SCOTT BEST SEWER SERVICES SCOTT BEST SEWER SERVICES SCOTT BEST SEWER SERVICES SCOTT BEST SEWER SERVICES SCOTT BEST SEWER SERVICES SCOTT BEST SEWER SERVICES SCOTT CONSTRUCTION NIAGARA INC SCOTT CONSTRUCTION NIAGARA INC SCOTT CONSTRUCTION NIAGARA INC SCOTT,CHRIS SCOZZAFAVA,TERESA SEAWAY FLUID POWER GROUP SEAWAY FLUID POWER GROUP SEAWAY FLUID POWER GROUP SEAWAY FLUID POWER GROUP SEAWAY FLUID POWER GROUP Cheque No. Cheque Date 420108 11 -Oct -2018 419450 19 -Sep -2018 418623 22 -Aug -2018 418753 29 -Aug -2018 418989 05 -Sep -2018 419449 19 -Sep -2018 420338 17 -Oct -2018 419210 12 -Sep -2018 418150 01 -Aug -2018 418754 29 -Aug -2018 419696 26 -Sep -2018 420607 24 -Oct -2018 419697 26 -Sep -2018 418151 01 -Aug -2018 419211 12 -Sep -2018 420340 17 -Oct -2018 420609 24 -Oct -2018 419452 19 -Sep -2018 420339 17 -Oct -2018 420608 24 -Oct -2018 418437 15 -Aug -2018 418755 29 -Aug -2018 418991 05 -Sep -2018 420109 11 -Oct -2018 420341 17 -Oct -2018 419212 12 -Sep -2018 420343 17 -Oct -2018 420110 11 -Oct -2018 420344 17 -Oct -2018 418152 01 -Aug -2018 418757 29 -Aug -2018 419699 26 -Sep -2018 418439 15 -Aug -2018 419698 26 -Sep -2018 420111 11 -Oct -2018 420610 24 -Oct -2018 418758 29 -Aug -2018 419897 03 -Oct -2018 418440 15 -Aug -2018 420347 17 -Oct -2018 418441 15 -Aug -2018 419214 12 -Sep -2018 419700 26 -Sep -2018 419898 03 -Oct -2018 420346 17 -Oct -2018 420611 24 -Oct -2018 420113 11 -Oct -2018 420348 17 -Oct -2018 418759 29 -Aug -2018 418992 05 -Sep -2018 420612 24 -Oct -2018 418993 05 -Sep -2018 418442 15 -Aug -2018 418995 05 -Sep -2018 420114 11 -Oct -2018 418994 05 -Sep -2018 419701 26 -Sep -2018 417984 27 -Jul -2018 418153 01 -Aug -2018 418760 29 -Aug -2018 418996 05 -Sep -2018 419215 12 -Sep -2018 419453 19 -Sep -2018 419899 03 -Oct -2018 418762 29 -Aug -2018 418763 29 -Aug -2018 418443 15 -Aug -2018 418761 29 -Aug -2018 419503 20 -Sep -2018 419455 19 -Sep -2018 419900 03 -Oct -2018 420613 24 -Oct -2018 418765 29 -Aug -2018 418997 05 -Sep -2018 Purpose REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES SERVICES REMITTANCE MATERIALS MATERIALS REFUND REFUND MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND GRANT TRAVEL/MILEAGE REFUND REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS STORES/INVENTORY VEH ID#131 Amount 750.00 1,250.00 1,681.44 852.02 336.74 716.42 1,610.00 135.74 2,667.41 990.51 804.31 262.77 150.00 4,422.05 203.39 367.42 671.56 3,259.70 2,246.19 1,005.55 3,252.16 406.78 127.13 2,224.22 887.05 312.18 166.31 75.00 62.21 70.00 262.16 262.16 186.31 226.00 750.54 629.46 1,719.28 3,003.72 339.00 183.51 212.44 4,783.86 1,773.99 784.79 1,023.55 696.98 23.73 5,090.65 3,474.75 546.92 565.00 92.41 5.00 141.25 225.00 41.04 150.31 6,097.76 593.25 774.05 197.75 197.75 310.75 536.75 1,991.34 64,618.43 618.46 45.00 305.02 783.21 98.56 381.92 474.79 45.65 Page 337 of 751 Page 30 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME SECILIA,JOHN SEEBACH,CHRIS SEMARK,ADAM SENIORS REVIEW SENKERIK FIRE PROTECTION SENKERIK FIRE PROTECTION SENKERIK FIRE PROTECTION SENKERIK FIRE PROTECTION SENKERIK FIRE PROTECTION SENKERIK FIRE PROTECTION SENKERIK FIRE PROTECTION SENKERIK FIRE PROTECTION SENKERIK FIRE PROTECTION SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SERVICEMASTER CLEAN OF NIAGARA SEVERINO,ROSE SEW ELL'S AUTOMOTIVE SUPPLY SHADOFF,FRANCES SHAFFINA,MACKHAN SHANTZ,DON SHAODONG,WANG SHARMA,DEEPA SHERIFF OF REG. MUN. OF NIAGARA AT WELLAND SHERIFF OF REG. MUN. OF NIAGARA AT WELLAND SHERIFF OF REG. MUN. OF NIAGARA AT WELLAND SHERIFF OF REG. MUN. OF NIAGARA AT WELLAND SHERIFF OF REG. MUN. OF NIAGARA AT WELLAND SHERIFF OF REG. MUN. OF NIAGARA AT WELLAND SHRED IT INTERNATIONAL ULC SHRED IT INTERNATIONAL ULC SHRED IT INTERNATIONAL ULC SHRED IT INTERNATIONAL ULC SHRED IT INTERNATIONAL ULC SHUPE,JILL SID GRABELL CONTRACTING LTD SID GRABELL CONTRACTING LTD SIGNATURE SIGNS SIGNATURE SIGNS SIGNATURE SIGNS SIGNATURE SIGNS SIMMS,LINDSAY& SIMMS, BERNITA SIMPLISTIC LINES INC SIMPLISTIC LINES INC SIMPLISTIC LINES INC SIMPLISTIC LINES INC SINGH,NAVJOT SINGH,VARINDER SINKOWSKI,JESSICA SINKOWSKI,JESSICA SKY-GRANDMOND,LEONA SLOVAK,JUSTIN SLOVAK,JUSTIN SMITH,MONIQUE SNAP ON TOOLS OF CANADA LTD SNAP ON TOOLS OF CANADA LTD SNAPD NIAGARA FALLS SNAPD NIAGARA FALLS SNAPD NIAGARA FALLS SNAPD NIAGARA FALLS SNYDER,GUY& SNYDER, SHARON SNYDER,GUY& SNYDER, SHARON SOCAN SOCIAL GROWTH DEVELOPMENT SOCIETY OF PUBLIC INSURANCE ADMINISTRATORS OF ONTARI(418773 SOLIDCAD SOLIDCAD SOLL,ALLAN& EDDY, COLETTE SOMERVILLE,ROBERT SOSA,GIBRAN& SHERBOK, STEPHANIE SOUVENIR CITY INC Cheque No. Cheque Date 420614 24 -Oct -2018 419216 12 -Sep -2018 419901 03 -Oct -2018 419903 03 -Oct -2018 418444 15 -Aug -2018 418154 01 -Aug -2018 418286 08 -Aug -2018 418766 29 -Aug -2018 419217 12 -Sep -2018 419456 19 -Sep -2018 419702 26 -Sep -2018 419902 03 -Oct -2018 420615 24 -Oct -2018 418767 29 -Aug -2018 419218 12 -Sep -2018 419703 26 -Sep -2018 420115 11 -Oct -2018 420349 17 -Oct -2018 420616 24 -Oct -2018 418998 05 -Sep -2018 419457 19 -Sep -2018 420350 17 -Oct -2018 420351 17 -Oct -2018 418445 15 -Aug -2018 420352 17 -Oct -2018 418999 05 -Sep -2018 418624 22 -Aug -2018 419000 05 -Sep -2018 419459 19 -Sep -2018 419904 03 -Oct -2018 420353 17 -Oct -2018 418287 08 -Aug -2018 418155 01 -Aug -2018 418768 29 -Aug -2018 419219 12 -Sep -2018 419905 03 -Oct -2018 420116 11 -Oct -2018 419001 05 -Sep -2018 418769 29 -Aug -2018 420117 11 -Oct -2018 418446 15 -Aug -2018 419460 19 -Sep -2018 419906 03 -Oct -2018 420354 17 -Oct -2018 419002 05 -Sep -2018 418156 01 -Aug -2018 419003 05 -Sep -2018 419220 12 -Sep -2018 420355 17 -Oct -2018 419004 05 -Sep -2018 419706 26 -Sep -2018 419705 26 -Sep -2018 418447 15 -Aug -2018 419707 26 -Sep -2018 418770 29 -Aug -2018 419461 19 -Sep -2018 419221 12 -Sep -2018 418772 29 -Aug -2018 419006 05 -Sep -2018 418157 01 -Aug -2018 418771 29 -Aug -2018 419005 05 -Sep -2018 420118 11 -Oct -2018 418625 22 -Aug -2018 419007 05 -Sep -2018 420119 11 -Oct -2018 419008 05 -Sep -2018 29 -Aug -2018 420617 24 -Oct -2018 419462 19 -Sep -2018 420356 17 -Oct -2018 419907 03 -Oct -2018 420357 17 -Oct -2018 419709 26 -Sep -2018 Purpose TRAVEUMILEAGE MATERIALS GRANT ADVERTISING CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS REFUND REFUND REFUND REFUND REFUND PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND REFUND PETTY CASH TRAVEL/MILEAGE MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE REFUND MATERIALS MATERIALS ADVERTISING ADVERTISING ADVERTISING ADVERTISING REFUND REFUND MATERIALS REFUND TRAINING MATERIALS SERVICES REFUND MATERIALS REFUND REFUND Amount 34.02 175.00 75.00 452.00 629.41 1,022.04 1,728.34 73.44 201.14 275.70 916.43 100.57 906.25 15,703.61 156.96 15,448.23 255.38 711.90 16,412.12 750.00 30.31 155.19 281.31 198.31 4.38 750.00 389.05 390.86 389.05 390.86 395.90 390.86 124.14 464.22 432.29 132.84 390.23 141.25 579.84 5,086.70 3,220.50 2,231.77 197.75 1,666.75 184.26 5,765.00 5,614.48 1,572.91 883.66 123.07 230.00 708.45 84.78 850.00 192.24 168.48 1,020.43 666.33 15,416.03 785.35 446.35 333.35 339.00 1,093.60 141.25 272.90 150.00 60.00 2,260.00 22,515.25 152.71 172.18 158.25 6,880.00 Page 338 of 751 Page 31 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME SPARKS,BRIAN SPARKS,BRIAN SPEARE SEEDS SPEEDPRO IMAGING SPETH,DEBRA SPRING,LAUREN SQUARE ROOTS RESTORATION AND CARPENTRY ST JOHN AMBULANCE ST JOHN AMBULANCE ST JOHN AMBULANCE ST JOHN AMBULANCE ST JOHN AMBULANCE STACHOWSKI,ANGELA STAMFORD HOME HARDWARE STAMFORD HOME HARDWARE STAMFORD HOME HARDWARE STANDISH,ASHLEE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STAPLES ADVANTAGE STASZKO,EUGENE STAYZER,MICHELLE JEAN STECKLEY,SONIA STEEVES,DOUGLAS& STEEVES, KENDY STEPHENSON'S RENTAL SERVICES STEPHENSON'S RENTAL SERVICES STERLING FRAZER ASSOCIATES STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STIEFELMEYER,BRUCE& STIEFELMEYER, BETTY STIRTZINGER,DIANA LYNN STOETZEL,KIONNA STOKES INTERNATIONAL STOKES INTERNATIONAL STOKES INTERNATIONAL STORAGE NIAGARA STORAGE NIAGARA STORAGE NIAGARA STORM,WILL STOUT,CARLA STOUT,CARLA STOUT,CARLA STOVER,PETER STRANGE,MIKE STRANGE,MIKE STRANGES,ANTONIO STRATHCRAFT AWARDS STREAMLINE UPHOLSTERY INC STRONGCO LIMITED PARTNERSHIP STUART,SARA LOU SULLIVAN MAHONEY LLP IN TRUST SULLIVAN MAHONEY LLP IN TRUST SULLIVAN,MARY ANN SULLIVAN,VIANDRA SUN LIFE ASSURANCE COMPANY OF CANADA SUN LIFE ASSURANCE COMPANY OF CANADA SUN LIFE ASSURANCE COMPANY OF CANADA SUN LIFE ASSURANCE COMPANY OF CANADA Cheque No. Cheque Date 418774 29 -Aug -2018 418626 22 -Aug -2018 419464 19 -Sep -2018 419908 03 -Oct -2018 419222 12 -Sep -2018 419009 05 -Sep -2018 420358 17 -Oct -2018 418627 22 -Aug -2018 418778 29 -Aug -2018 419713 26 -Sep -2018 419714 26 -Sep -2018 420622 24 -Oct -2018 420359 17 -Oct -2018 418448 15 -Aug -2018 418775 29 -Aug -2018 420121 11 -Oct -2018 420120 11 -Oct -2018 418159 01 -Aug -2018 418289 08 -Aug -2018 418449 15 -Aug -2018 418776 29 -Aug -2018 419012 05 -Sep -2018 419223 12 -Sep -2018 419465 19 -Sep -2018 419710 26 -Sep -2018 419909 03 -Oct -2018 420122 11 -Oct -2018 420360 17 -Oct -2018 420618 24 -Oct -2018 419010 05 -Sep -2018 419011 05 -Sep -2018 419224 12 -Sep -2018 420619 24 -Oct -2018 419466 19 -Sep -2018 419711 26 -Sep -2018 418777 29 -Aug -2018 418160 01 -Aug -2018 418161 01 -Aug -2018 418290 08 -Aug -2018 419225 12 -Sep -2018 419910 03 -Oct -2018 420361 17 -Oct -2018 420620 24 -Oct -2018 420621 24 -Oct -2018 419013 05 -Sep -2018 419712 26 -Sep -2018 420362 17 -Oct -2018 419467 19 -Sep -2018 420123 11 -Oct -2018 420623 24 -Oct -2018 419015 05 -Sep -2018 419911 03 -Oct -2018 420625 24 -Oct -2018 419708 26 -Sep -2018 418779 29 -Aug -2018 419226 12 -Sep -2018 419014 05 -Sep -2018 420624 24 -Oct -2018 418323 14 -Aug -2018 418780 29 -Aug -2018 420626 24 -Oct -2018 419912 03 -Oct -2018 418450 15 -Aug -2018 419468 19 -Sep -2018 418781 29 -Aug -2018 418475 22 -Aug -2018 418451 15 -Aug -2018 420124 11 -Oct -2018 419227 12 -Sep -2018 00167-0007 06 -Aug -2018 00174-0002 17 -Sep -2018 00178-0001 01 -Oct -2018 00181-0005 15 -Oct -2018 SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO 418292 08 -Aug -2018 Purpose MATERIALS REFUND MATERIALS MATERIALS REFUND REFUND CONTRACT SERVICES GRANT GRANT GRANT GRANT GRANT REFUND MATERIALS MATERIALS MATERIALS MATERIALS STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY REFUND REFUND REFUND REFUND CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS TRAVEUMILEAGE TRAVEL/MILEAGE MATERIALS VEH ID#339/131 MATERIALS MATERIALS MATERIALS PURHCASE REFUND REFUND REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE Amount 150.00 141.25 5,491.80 971.80 78.21 107.02 11,300.00 2,741.66 41,923.75 2,741.66 41,923.75 2,741.66 142.05 34.42 80.95 262.24 210.00 2,750.22 2,324.25 2,798.39 5,064.99 1,744.35 2,872.41 1,533.02 2,933.87 1,594.39 3,678.83 1,659.13 6,403.18 2,500.00 127.13 220.75 500.00 285.25 400.64 226.00 120,886.87 9,581.04 87,297.68 53,145.24 33,470.71 149,228.03 105,461.17 99,536.37 262.80 200.00 58.26 1,353.46 575.67 962.08 751.45 751.45 858.80 150.00 55.00 145.94 185.22 30.02 340.00 572.40 32.40 474.92 779.70 629.91 250.00 25,978.90 1,424,000.00 750.00 209.09 445,020.02 437,764.68 467,579.33 3,066.32 933.99 Page 339 of 751 Page 32 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME SUNBELT RENTALS INC SUNBELT RENTALS INC SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNCOR ENERGY PRODUCTS PARTNERSHIP SUNSHINE BUILDING MAINTENANCE INC SUPERIOR FOOD SERVICE SUPERIOR FOOD SERVICE SUPERIOR LAUNDRY SERVICE LTD. SUPERIOR LAUNDRY SERVICE LTD. SUPERIOR LAUNDRY SERVICE LTD. SUPERIOR LAUNDRY SERVICE LTD. SUPERIOR LAUNDRY SERVICE LTD. SUPERIOR PROPANE SUPERIOR PROPANE SUPERIOR PROPANE SUPERIOR PROPANE SURLA,JOHN SURREY CONSTRUCTION INC SUTPHEN CORPORATION SUTPHEN CORPORATION SYSTEMS PLUS INC. T & T DRY CLEANERS & TAILORS T & T DRY CLEANERS & TAILORS T & T DRY CLEANERS & TAILORS TADDEO,ALBERTO ESTATE OF& TADDEO, DOMINICA TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TALK WIRELESS INC TALLYN,DAVID TAMAKUWALA,MANISH& TAMAKUWALA, RITA TANG,YAU HUN TARIQ,MEHMOOD& TARIQ, SHAGUFTA TARTEN EQUIPMENT LIMITED TARTEN EQUIPMENT LIMITED TASTE BUDS CAFE & EATERY TASTE BUDS CAFE & EATERY TATE,AARON TAVANO,JUSTIN TAXITAB TAXITAB TAYLORS WATER SERVICE TCHANG,COLIN TCHANG,COLIN TCHERVENELEKOV,MONY TD CANADA TRUST TD CANADA TRUST TD CANADA TRUST TD CANADA TRUST TEAMBONDERS TECHNICAL STANDARDS & SAFETY AUTHORITY TECHNICAL STANDARDS & SAFETY AUTHORITY TECHNICAL STANDARDS & SAFETY AUTHORITY TEIBERT,GEORGE TELUS COMMUNICATIONS COMPANY TELUS COMMUNICATIONS COMPANY TENAQUIP LIMITED TENAQUIP LIMITED TERANET INC TERANET INC TERANET INC Cheque No. Cheque Date 420125 11 -Oct -2018 420363 17 -Oct -2018 418162 01 -Aug -2018 418291 08 -Aug -2018 418628 22 -Aug -2018 418783 29 -Aug -2018 419228 12 -Sep -2018 419715 26 -Sep -2018 419913 03 -Oct -2018 420126 11 -Oct -2018 420364 17 -Oct -2018 420627 24 -Oct -2018 420628 24 -Oct -2018 418293 08 -Aug -2018 420365 17 -Oct -2018 419230 12 -Sep -2018 419470 19 -Sep -2018 419716 26 -Sep -2018 419914 03 -Oct -2018 420630 24 -Oct -2018 418629 22 -Aug -2018 419229 12 -Sep -2018 419469 19 -Sep -2018 420629 24 -Oct -2018 419471 19 -Sep -2018 418452 15 -Aug -2018 US DRAFT 10 -Sep -2018 US DRAFT 01 -Oct -2018 418294 08 -Aug -2018 418633 22 -Aug -2018 419941 04 -Oct -2018 420377 17 -Oct -2018 419016 05 -Sep -2018 418295 08 -Aug -2018 418630 22 -Aug -2018 419915 03 -Oct -2018 420127 11 -Oct -2018 420631 24 -Oct -2018 418453 15 -Aug -2018 419233 12 -Sep -2018 419472 19 -Sep -2018 419717 26 -Sep -2018 419232 12 -Sep -2018 420366 17 -Oct -2018 420367 17 -Oct -2018 419017 05 -Sep -2018 418163 01 -Aug -2018 418631 22 -Aug -2018 418454 15 -Aug -2018 420128 11 -Oct -2018 419234 12 -Sep -2018 419718 26 -Sep -2018 418784 29 -Aug -2018 419719 26 -Sep -2018 419018 05 -Sep -2018 419473 19 -Sep -2018 419720 26 -Sep -2018 418455 15 -Aug -2018 418632 22 -Aug -2018 419235 12 -Sep -2018 419721 26 -Sep -2018 419916 03 -Oct -2018 419917 03 -Oct -2018 418785 29 -Aug -2018 420368 17 -Oct -2018 420632 24 -Oct -2018 419236 12 -Sep -2018 418456 15 -Aug -2018 418296 08 -Aug -2018 418164 01 -Aug -2018 419722 26 -Sep -2018 418297 08 -Aug -2018 418457 15 -Aug -2018 420633 24 -Oct -2018 Purpose MATERIALS MATERIALS FUEL FUEL FUEL FUEL FUEL FUEL FUEL FUEL FUEL FUEL CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES/MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS GRANT MATERIALS TRAVEUMILEAGE REFUND REFUND REFUND REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS SERVICES MATERIALS STORES/INVENTORY MATERIALS REMITTANCE REMITTANCE Amount 177.25 2,230.96 67,030.57 111,014.47 57,123.16 122,241.92 111,508.95 106,078.03 55,606.26 54,909.33 70,835.17 57,473.33 7,215.05 1,263.30 545.66 94.93 377.43 184.20 10.17 102.84 37.58 1,007.29 107.93 29.67 175.00 331,828.03 3,626.94 946.79 167.47 159.35 90.40 85.90 125.29 154.84 4,992.08 1,405.87 86.87 914.46 2,844.78 388.49 11,173.44 3,481.53 197.16 93.50 115.90 93.23 453.22 2,034.00 12.20 12.00 175.00 153.51 6,111.48 6,624.65 225.00 1,500.00 245.00 69.12 233.84 718.33 896.00 193.00 6,911.08 223.65 614.15 105.00 175.00 2,188.58 5,991.42 598.28 143.69 10,000.00 30,000.00 10,000.00 Page 340 of 751 Page 33 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME TERAVIEW TEUTENBERG,CAROLYN M& TEUTENBERG, DAVID THE MASK CORPORATION THE PAQUIN ENTERTAINMENT GROUP THE SALVATION ARMY THE SOUND STC THE TRUCK TOPPERS THERMO KING EASTERN CANADA THISTLEWAITE YARDWORKS THISTLEWAITE YARDWORKS THOMAS,SAMUEL THOMSON REUTERS CANADA THORPE,JAMES THORSTONE PROPERTIES LIMITED THOS. R. BIRNIE & SONS THYSSENKRUPP ELEVATOR (CANADA) LIMITED THYSSENKRUPP ELEVATOR (CANADA) LIMITED THYSSENKRUPP ELEVATOR (CANADA) LIMITED THYSSENKRUPP ELEVATOR (CANADA) LIMITED THYSSENKRUPP ELEVATOR (CANADA) LIMITED THYSSENKRUPP ELEVATOR (CANADA) LIMITED THYSSENKRUPP ELEVATOR (CANADA) LIMITED THYSSENKRUPP ELEVATOR (CANADA) LIMITED TIKKY,MARIANNE TIM HORTON'S STORE 1922 T -LANE TRANSPORTATION & LOGISTICS TODD,KEN TOMLINSON,MARISSA TONON,CHRISTINE TOOLBOX TOOLBOX TOOLBOX TOOLBOX TOP NOTCH PROMOTIONAL PRODUCTS INC TOP NOTCH PROMOTIONAL PRODUCTS INC TOROMONT CAT TOROMONT CAT TOROMONT CAT TOROMONT CAT TOROMONT CAT TOROMONT CAT TOROMONT CAT TOROMONT CAT TOROMONT CAT TORONTO STAMP INC TORONTO STAMP INC TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TOURNOI FRANCO 2018 TRAINFO TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSAXLE PARTS (HAMILTON) INC. TRANSFORM VAN & TRUCK TRANS -PLAN TRANSPORTATION INC TRAPEZE SOFTWARE ULC TRAPEZE SOFTWARE ULC TRAPEZE SOFTWARE ULC TRAPEZE SOFTWARE ULC TREASURE HOUSE IMPORTS LTD TROTTIER,KENT TROTTIER,KYLEA TRUGREEN TRUGREEN TRUGREEN TRUGREEN TRUGREEN TRUJILLO,MANUEL TUDINI,SELENE Cheque No. Cheque Date 418786 29 -Aug -2018 420129 11 -Oct -2018 418933 05 -Sep -2018 00183-0001 22 -Oct -2018 420345 17 -Oct -2018 420130 11 -Oct -2018 420369 17 -Oct -2018 419474 19 -Sep -2018 420370 17 -Oct -2018 418298 08 -Aug -2018 418787 29 -Aug -2018 418299 08 -Aug -2018 419237 12 -Sep -2018 420634 24 -Oct -2018 420635 24 -Oct -2018 418165 01 -Aug -2018 418300 08 -Aug -2018 418458 15 -Aug -2018 418788 29 -Aug -2018 419723 26 -Sep -2018 419918 03 -Oct -2018 420371 17 -Oct -2018 420636 24 -Oct -2018 418166 01 -Aug -2018 419724 26 -Sep -2018 419231 12 -Sep -2018 419919 03 -Oct -2018 419725 26 -Sep -2018 420637 24 -Oct -2018 418167 01 -Aug -2018 418459 15 -Aug -2018 419019 05 -Sep -2018 419920 03 -Oct -2018 419476 19 -Sep -2018 419726 26 -Sep -2018 418168 01 -Aug -2018 418301 08 -Aug -2018 418789 29 -Aug -2018 419020 05 -Sep -2018 419477 19 -Sep -2018 419727 26 -Sep -2018 419921 03 -Oct -2018 420372 17 -Oct -2018 418460 15 -Aug -2018 418790 29 -Aug -2018 419021 05 -Sep -2018 418302 08 -Aug -2018 419478 19 -Sep -2018 420373 17 -Oct -2018 420638 24 -Oct -2018 420131 11 -Oct -2018 418169 01 -Aug -2018 418303 08 -Aug -2018 419022 05 -Sep -2018 419238 12 -Sep -2018 419728 26 -Sep -2018 420374 17 -Oct -2018 420639 24 -Oct -2018 418170 01 -Aug -2018 418304 08 -Aug -2018 419922 03 -Oct -2018 418305 08 -Aug -2018 419023 05 -Sep -2018 420375 17 -Oct -2018 418461 15 -Aug -2018 420640 24 -Oct -2018 419024 05 -Sep -2018 418462 15 -Aug -2018 419479 19 -Sep -2018 419729 26 -Sep -2018 419239 12 -Sep -2018 420376 17 -Oct -2018 419730 26 -Sep -2018 420641 24 -Oct -2018 Purpose MATERIALS REFUND MATERIALS REMITTANCE REFUND ADVERTISING MATERIALS STORES/INVENTORY CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES TRAVEUMILEAGE MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS VEH ID#215 MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES GRANT MATERIALS STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY STORES/INVENTORY MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS STORES/INVENTORY MATERIALS TRAVEUMILEAGE REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS Amount 32.46 750.00 2,457.75 18,750.00 6,232.30 203.40 2,971.90 4,234.46 220.35 760.72 3,500.00 655.44 40.00 750.00 750.00 146.90 293.80 1,095.31 146.90 654.61 146.90 2,634.63 360.81 181.44 269.80 779.70 436.91 850.00 210.74 350.18 721.57 184.25 935.17 824.90 321.24 1,684.68 5,365.50 5,700.62 1,307.91 9,703.26 635.75 245.97 366.10 172.05 110.40 126.22 31,350.65 262,665.52 78,099.32 1,500.00 16,187.25 637.83 213.16 2,067.11 1,579.18 3,405.26 5,586.81 1,269.54 1,318.71 11,300.00 11,626.57 7,119.00 3,559.50 381.43 6,305.40 27.00 750.00 1,266.84 269.05 331.09 1,238.48 327.70 850.00 151.45 Page 341 of 751 Page 34 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME TUMMILLO CONTRACTING INC. TURF CARE PRODUCTS CANADA LIMITED TUTU,ERNEST TWARDAWSKY,NICK TWARDAWSKY,NICK ULINE CANADA CORPORATION UNIFIRST CANADA LTD UNIFIRST CANADA LTD UNITED ROTARY BRUSH CORPORATION OF CANADA UNITED WAY UNITED WAY UNITED WAY UNTANGLED DIGITAL UNTANGLED DIGITAL UPPAL,HARDEEP UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS UPPER CANADA CONSULTANTS UPS CANADA UPS CANADA UPS CANADA URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC URBAN & ENVIRONMENTAL MANAGEMENT INC US TEA INC VACCA,ANTHONY VADIM COMPUTER MANAGEMENT GROUP LTD VALENTIN,MERGL VALEO,SAL VALEO,SALVATORE VALLEN CANADA INC VALLEN CANADA INC VALLEN CANADA INC VALLEN CANADA INC VALLONIO,ANTHONY VALUE MUFFLER & BRAKE CENTRE VAN BERKEL,RYAN VAN HOUTTE COFFEE SERVICES INC VAN HOUTTE COFFEE SERVICES INC VAN HOUTTE COFFEE SERVICES INC VAN HOUTTE COFFEE SERVICES INC VAN STYGEREN,KIM VARALI,ALFREDO& VARALI, MARY VAULTRA SELF STORAGE NIAGARA ASSET LTD VECCHIO,VINCENZO& VECCHIO, UMBERTO VECTOR TOOLING VICTORIA CENTRE BIA VIGNEUX,JUSTIN VIKING LIVES LTD VIKING LIVES LTD VIKING CIVES LTD VIKING CIVES LTD VIKING CIVES LTD VISCA,AMANDA VOITH TURBO VOLPATO,JEANNIE VOTH SALES AND SERVICE INC VUCKOVIC,NATASHA VUKMANIC,MARK PHILLIP W.E. ENTERPRISES LIMITED WACHS CANADA LTD WAJAX POWER SYSTEMS WAKUNICK,JAMES WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER DIGGON LTD WALKER ENVIRONMENTAL GROUP INC. WALKER ENVIRONMENTAL GROUP INC. WALKER ENVIRONMENTAL GROUP INC. Cheque No. Cheque Date 419480 19 -Sep -2018 418171 01 -Aug -2018 419731 26 -Sep -2018 418306 08 -Aug -2018 419923 03 -Oct -2018 419732 26 -Sep -2018 418307 08 -Aug -2018 418791 29 -Aug -2018 418172 01 -Aug -2018 418634 22 -Aug -2018 419481 19 -Sep -2018 420378 17 -Oct -2018 418173 01 -Aug -2018 419025 05 -Sep -2018 420380 17 -Oct -2018 419483 19 -Sep -2018 419924 03 -Oct -2018 420379 17 -Oct -2018 418463 15 -Aug -2018 418792 29 -Aug -2018 419484 19 -Sep -2018 418793 29 -Aug -2018 418174 01 -Aug -2018 419925 03 -Oct -2018 419026 05 -Sep -2018 419926 03 -Oct -2018 418794 29 -Aug -2018 420382 17 -Oct -2018 420642 24 -Oct -2018 418464 15 -Aug -2018 418795 29 -Aug -2018 419485 19 -Sep -2018 419733 26 -Sep -2018 420381 17 -Oct -2018 419486 19 -Sep -2018 419734 26 -Sep -2018 419927 03 -Oct -2018 418175 01 -Aug -2018 418796 29 -Aug -2018 419240 12 -Sep -2018 419487 19 -Sep -2018 420383 17 -Oct -2018 419027 05 -Sep -2018 419735 26 -Sep -2018 419028 05 -Sep -2018 418309 08 -Aug -2018 418797 29 -Aug -2018 420384 17 -Oct -2018 418176 01 -Aug -2018 419029 05 -Sep -2018 419488 19 -Sep -2018 419736 26 -Sep -2018 419241 12 -Sep -2018 420385 17 -Oct -2018 419489 19 -Sep -2018 419242 12 -Sep -2018 419243 12 -Sep -2018 419244 12 -Sep -2018 418177 01 -Aug -2018 420389 17 -Oct -2018 419928 03 -Oct -2018 418798 29 -Aug -2018 420643 24 -Oct -2018 418310 08 -Aug -2018 418800 29 -Aug -2018 419246 12 -Sep -2018 419490 19 -Sep -2018 419737 26 -Sep -2018 419929 03 -Oct -2018 420386 17 -Oct -2018 420133 11 -Oct -2018 418801 29 -Aug -2018 419491 19 -Sep -2018 420387 17 -Oct -2018 Purpose REFUND MATERIALS REFUND TRAVEUMILEAGE TRAVEUMILEAGE STORES/INVENTORY MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE ADVERTISING MATERIALS REFUND MATERIALS MATERIALS MATERIALS COURIER COURIER MATERIALS CONTRACT SERVICES MATERIALS MATERIALS REFUND REFUND REMITTANCE REFUND TRAVEUMILEAGE TRAINING MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND VEH ID#205 BIA LEVY REFUND MATERIALS MATERIALS MATERIALS MATERIALS VEH ID#1886 REFUND MATERIALS REFUND MATERIALS TRAINING REFUND MATERIALS MATERIALS VEH ID#535 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS Amount 750.00 346.06 152.63 70.20 193.32 748.06 1,515.37 963.16 1,218.76 943.00 947.00 949.00 192.10 508.50 1.70 28,771.85 12,442.46 14,654.01 192.42 441.07 180.35 6,509.30 5,298.38 944.24 82.86 885.93 18,821.28 127.13 685.80 401.15 158.20 779.70 348.29 2,140.89 175.00 990.87 175.00 242.85 299.46 131.50 329.47 390.46 750.00 56,673.36 1,000.00 135.60 118,750.00 124.40 2,702.96 2,954.00 1,417.62 230.31 1,327.04 212.74 32,567.79 323.65 7,097.16 269.34 750.00 94.75 15,560.10 982.78 175.00 1,491.42 1,001.44 812.59 908.71 805.30 975.78 1,953.96 1,250.00 14.50 83.15 306.83 Page 342 of 751 Page 35 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME WALKER,DEVON WALKER,MAUREEN KATHLEEN WALL,LISA WALLACE,JAMES JOSEPH WALSH,JOHN WARD,JOHN WARREN MECHANICAL PLUMBING & HEATING WASTE MANAGEMENT OF CANADA CORPORATION WASTE MANAGEMENT OF CANADA CORPORATION WATERMAN,GREG WATERS,JASON WATSON,KENNETH GEORGE JAMES WEESTREEM WEESTREEM WEINMANN LIMITED WEINMANN LIMITED WEINMANN LIMITED WELDDARE METAL WORKS LTD WELMAR RECREATIONAL PRODUCTS WELMAR RECREATIONAL PRODUCTS WENDYS RESTAURANTS OF CANADA INC WESCO DISTRIBUTION CANADA INC WESTPIER MARINE & INDUSTRIAL SUPPLY INC. WHEELER,SETH WHEELER,SUE WHEELER,SUE WIEBE,DENNIS J WIENS,BRAD WIENS,BRAD W I ERSTRA, HEDDA W I LKES,SCOTT WILKINSON,SONIA WILLOUGHBY VOLUNTEER FIRE DEPARTMENT WILSON,TIM WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WINZER,ALEJANDRO F WOJTOWICZ,HANIA WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS WOODWARD,REGIS WORK AUTHORITY WORK AUTHORITY WORK EQUIPMENT LTD WORKPLACE SAFETY AND INSURANCE BOARD POLICY PUBLICA418644 WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSIB WSP CANADA GROUP LIMITED WSP CANADA GROUP LIMITED WU,GUIZHEN XCG CONSULTING LIMITED XCG CONSULTING LIMITED XHANI,AIDA XPLORNET COMMUNICATIONS INC XPLORNET COMMUNICATIONS INC YANUZIELLO,THOMAS YELLOW PAGES GROUP Cheque No. Cheque Date 420132 11 -Oct -2018 419030 05 -Sep -2018 418311 08 -Aug -2018 419245 12 -Sep -2018 420644 24 -Oct -2018 420134 11 -Oct -2018 419247 12 -Sep -2018 419738 26 -Sep -2018 418802 29 -Aug -2018 420388 17 -Oct -2018 419031 05 -Sep -2018 419492 19 -Sep -2018 418178 01 -Aug -2018 418803 29 -Aug -2018 418312 08 -Aug -2018 418804 29 -Aug -2018 419739 26 -Sep -2018 419740 26 -Sep -2018 418465 15 -Aug -2018 419032 05 -Sep -2018 418179 01 -Aug -2018 420390 17 -Oct -2018 419493 19 -Sep -2018 420645 24 -Oct -2018 419494 19 -Sep -2018 418466 15 -Aug -2018 420135 11 -Oct -2018 418314 08 -Aug -2018 418468 15 -Aug -2018 419249 12 -Sep -2018 419742 26 -Sep -2018 418807 29 -Aug -2018 418808 29 -Aug -2018 419743 26 -Sep -2018 418809 29 -Aug -2018 419744 26 -Sep -2018 420392 17 -Oct -2018 419931 03 -Oct -2018 418635 22 -Aug -2018 419745 26 -Sep -2018 420647 24 -Oct -2018 418810 29 -Aug -2018 419250 12 -Sep -2018 419932 03 -Oct -2018 420393 17 -Oct -2018 418811 29 -Aug -2018 419251 12 -Sep -2018 419496 19 -Sep -2018 24 -Aug -2018 418181 01 -Aug -2018 418182 01 -Aug -2018 418315 08 -Aug -2018 418469 15 -Aug -2018 418645 24 -Aug -2018 418812 29 -Aug -2018 418813 29 -Aug -2018 419498 19 -Sep -2018 419746 26 -Sep -2018 419747 26 -Sep -2018 419933 03 -Oct -2018 420136 11 -Oct -2018 420394 17 -Oct -2018 420648 24 -Oct -2018 420649 24 -Oct -2018 418316 08 -Aug -2018 420395 17 -Oct -2018 419033 05 -Sep -2018 418317 08 -Aug -2018 420137 11 -Oct -2018 419934 03 -Oct -2018 418318 08 -Aug -2018 419252 12 -Sep -2018 420396 17 -Oct -2018 418319 08 -Aug -2018 Purpose REFUND REFUND MATERIALS REFUND TRAVEUMILEAGE MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND REFUND REFUND SERVICES SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS REFUND MATERIALS STORES/INVENTORY TRAVEUMILEAGE REFUND TRAVEUMILEAGE REFUND MATERIALS TRAINING REFUND MATERIALS MATERIALS LEASES AND RENTS REFUND GRANT GRANT REFUND REFUND GRANT GRANT GRANT MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS MATERIALS REFUND CONTRACT SERVICES MATERIALS REFUND SERVICES SERVICES REFUND ADVERTISING Amount 750.00 99.43 64.32 87.59 80.00 144.06 3,900.00 292.29 293.24 61.61 750.00 750.00 762.75 932.25 46,439.84 51,284.77 43,507.85 3,164.00 2,924.44 169.50 1,250.00 1,467.31 1,223.20 35.64 750.00 106.38 750.00 902.25 870.00 750.00 150.00 2,000.00 7,247.26 122.55 28,500.00 28,500.00 16.87 750.00 1,612.50 1,612.50 1,612.50 2,599.00 13,196.29 5,327.50 35.48 150.00 450.00 1,137.27 78.75 28,600.93 791.07 24,985.60 9,990.23 36,276.76 4,731.49 782.73 7,816.27 6,206.16 787.01 5,222.56 12,355.91 30,694.83 5,632.30 741.22 16,432.10 12,384.80 518.71 102,573.58 28,573.29 191.20 96.04 96.04 65.13 530.49 Page 343 of 751 Page 36 of 36 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME YELLOW PAGES GROUP YELLOW PAGES GROUP YIP,DAVID YMCA OF NIAGARA YMCA OF NIAGARA YMCA OF NIAGARA YMCA OF NIAGARA YMCA OF NIAGARA YMCA OF NIAGARA YMCA OF NIAGARA YMCA OF NIAGARA YMCA OF NIAGARA YMCA OF NIAGARA YOUNG SOD FARMS LTD YOUNG SOD FARMS LTD YURKEWICH,WALTER MYRON YWCA YWCA YWCA ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZEP SALES AND SERVICE OF CANADA ZETTEL,BRITTANY ZETTEL,CRYSTAL ZIRALDO TREE SUPPLY ZIZIAN,DIANA ZOHO CCORPORATION #4926 ZWIEP,STEPHANIE ZWIEP,STEPHANIE ZYLSTRA,JANET Cheque No. Cheque Date 418814 29 -Aug -2018 419748 26 -Sep -2018 420397 17 -Oct -2018 420398 17 -Oct -2018 418183 01 -Aug -2018 418320 08 -Aug -2018 418470 15 -Aug -2018 418815 29 -Aug -2018 419253 12 -Sep -2018 419499 19 -Sep -2018 419749 26 -Sep -2018 419935 03 -Oct -2018 420138 11 -Oct -2018 418184 01 -Aug -2018 418471 15 -Aug -2018 418185 01 -Aug -2018 418636 22 -Aug -2018 420650 24 -Oct -2018 419750 26 -Sep -2018 418186 01 -Aug -2018 418816 29 -Aug -2018 419254 12 -Sep -2018 419500 19 -Sep -2018 419936 03 -Oct -2018 418472 15 -Aug -2018 418321 08 -Aug -2018 419751 26 -Sep -2018 420139 11 -Oct -2018 418817 29 -Aug -2018 419501 19 -Sep -2018 418473 15 -Aug -2018 US DRAFT 10 -Sep -2018 419255 12 -Sep -2018 420651 24 -Oct -2018 419034 05 -Sep -2018 Purpose ADVERTISING ADVERTISING GRANT CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND GRANT GRANT REMITTANCE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS VEH ID#918 VEH ID#918/1668 STORES/INVENTORY MATERIALS MATERIALS CONTRACT SERVICES REFUND MATERIALS MATERIALS MATERIALS MATERIALS Amount 530.49 530.49 11,688.11 4,454.14 1,910.82 13,976.27 64,787.22 3,934.84 4,094.99 7,482.14 25,411.00 1,238.96 1,738.37 1,011.92 80.91 750.00 4,277.75 4,277.75 4,277.75 247.49 507.26 2,516.34 964.41 1,082.82 167.11 982.74 564.72 175.00 250.00 508.50 124.30 923.00 15.00 175.00 650.28 Total 91, 576, 795.34 Page 344 of 751 NiagaraFalls SUBMITTED BY: SUBJECT: F-2018-35 November 13, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council Finance F-2018-35 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION 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. EXECUTIVE SUMMARY Property owners are able to seek remedy from property assessments that are not accurate due to errors in preparation of the Assessment Roll or due to changes in specific circumstances. These remedies are available by virtue of s.357 and s.358 of The Municipal Act, 2001. This report is provided to Council periodically during the fiscal year to attain Council approval of the changes afforded under these sections. This is the second report for 2018. Adjustments totalling $137,764 are being recommended in this report with allocations to be made to City, Regional and School Board revenue. In the 2018 General Purposes Budget, an allowance has been established for these expenditures. At this time the allowance provided in the General Purposes Budget is adequate to account for the City's proportionate share of approximately $48,218. BACKGROUND This report is the second report this year in relation to s.357 and s.358 reductions. The first report went to Council on April 24, 2018. ANALYSIS/RATIONALE Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, Page 345 of 751 2 F-2018-35 November 13, 2018 were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2018 General Purposes Budget provides an allowance for tax write-offs due to assessment appeals and tax write offs. Table 1 is a listing of all the properties that staff is recommending receive adjustments due to successful appeals. An amount of $137,764 in adjustments is listed. The City's approximate portion is $48,218 and has been accounted for in the 2018 General Purposes Budget. The balance of approximately $89,546 represents adjustments for the School Boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. LIST OF ATTACHMENTS Table 1 - Application for Cancellation, Reduction or Refund of Taxes Recommended by: Tiffany Clark, Acting Director of Finance Respectfully submitted• Ken Todd, Chief Administrative Officer A. Bell Page 346 of 751 1.5L 40 L17£ abed (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. Appl. # Name and Address of Applicant Taxation Year Reason for Application Reduction Amount 2018-18 Duong, An Van, 4417 Park St, Niagara Falls, ON L2E 3P4 2018 Damaged by fire, demolition or otherwise $1,176.87 2018-27 Canadian Babbitt Bearings Ltd, 4248 Broughton Av, Niagara Falls, ON L2E 3K6 2018 Damaged by fire, demolition or otherwise $288.10 2018-01 Roofmart (Canada) Limited, 1 Yorkdale Rd, Suite 408, Toronto, ON M6A 3A1 2018 Damaged by fire, demolition or otherwise $1,693.65 2018-24 Fabian, Ernest & Angelina, 3289 Second Av, Vineland Station, ON LOR 2E0 2018 Damaged by fire, demolition or otherwise $604.37 2018-41 Fabian, Ernest & Angelina, 3289 Second Av, Vineland Station, ON LOR 2E0 2017 Damaged by fire, demolition or otherwise $0.00 2018-25 Ciccarelli, Mario, 6431 Rockcliffe Estate, Niagara Falls, ON L2J 4K7 2018 Damaged by fire, demolition or otherwise $360.26 2018-02 Ratchatham Buddist Sociey, 3200 Telus House South Tower, 10020 100 St, Edmonton, AB T5J ON3 2018 Damaged by fire, demolition or otherwise $919.01 2018-03 1226735 Ontario Inc, 5397 McRae St, Niagara Falls, ON L2E 1 R3 2018 Ceased to be liable to be taxed at rate it was taxed $858.44 2018-21 B 603185 Ontario Limited, 8444 Lundy's Ln, Niagara Falls, ON L2H 1 H4 2017 Ceased to be liable to be taxed at rate it was taxed $0.00 2018-21 603185 Ontario Limited, 8444 Lundy's Ln, Niagara Falls, ON L2H 1H4 2018 Ceased to be liable to be taxed at rate it was taxed $0.00 2018-23B Resorts Internatioal (Niagara) Inc, 8444 Lundy's Ln, Niagara Falls, ON L2H 1H4 2017 Ceased to be liable to be taxed at rate it was taxed $0.00 2018-23 Resorts Internatioal (Niagara) Inc, 8444 Lundy's Ln, Niagara Falls, ON L2H 1H4 2018 Ceased to be liable to be taxed at rate it was taxed $0.00 2018-19A 2132795 Ontario Inc, 5320 Ferry St, Niagara Falls, ON L2G 1 R7 2015 Damaged by fire, demolition or otherwise $25,475.12 2018-19B 2132795 Ontario Inc, 5320 Ferry St, Niagara Falls, ON L2G 1 R7 2016 Damaged by fire, demolition or otherwise $25,439.12 2018-19 2132795 Ontario Inc, 5320 Ferry St, Niagara Falls, ON L2G 1 R7 2017 Damaged by fire, demolition or otherwise $24,760.83 2017-51 Orsini Bros Inns Inc, 6039 Fallsview Bv, Niagara Falls, ON L2G 3V6 2017 Damaged by fire, demolition or otherwise $515.63 2018-31 Orsini Bros Inns Inc, 6039 Fallsview Bv, Niagara Falls, ON L2G 3V6 2018 Damaged by fire, demolition or otherwise $0.00 2017-52 Orsini Bros Inns Inc, 6039 Fallsview Bv, Niagara Falls, ON L2G 3V6 2017 Damaged by fire, demolition or otherwise $580.67 2018-32 Orsini Bros Inns Inc, 6039 Fallsview Bv, Niagara Falls, ON L2G 3V6 2018 Damaged by fire, demolition or otherwise $0.00 2017-53 Orsini Bros Inns Inc, 6039 Fallsview Bv, Niagara Falls, ON L2G 3V6 2017 Damaged by fire, demolition or otherwise $319.51 2017-33 Orsini Bros Inns Inc, 6039 Fallsview Bv, Niagara Falls, ON L2G 3V6 2018 Damaged by fire, demolition or otherwise $0.00 2018-40 Cerenzia, John, 5221 Victoria Av, Niagara Falls, ON L2E 4E4 2018 Damaged by fire, demolition or otherwise $851.14 2018-28 DiCosimo, Lauren Ashley, 3386 St. George Av, Niagara Falls, ON L2J 2P8 2018 Damaged by fire, demolition or otherwise $26.41 2018-04A Li, Long, 24 Oakridge Av, St. Catharines, ON L2T 2M5 2017 Damaged by fire, demolition or otherwise $2,120.56 2018-04 Li, Long, 24 Oakridge Av, St. Catharines, ON L2T 2M5 2018 Damaged by fire, demolition or otherwise $13,223.75 2018-29 Moore, Brian Michael, 6351 Maitland St, Niagara Falls, ON L2G 1R3 2018 Damaged by fire, demolition or otherwise $14.49 2018-20B Jewish Niagara, 12 Wood -dale Dr, St. Catharines, ON L2T 1Y8 2017 Damaged by fire, demolition or otherwise $0.00 2018-20 Jewish Niagara, 12 Wood -dale Dr, St. Catharines, ON L2T 1Y8 2018 Damaged by fire, demolition or otherwise $0.00 2017-75 Pavliglu, Vasile, 6080 Dixon St, Niagara Falls, ON L2G 2L5 2017 Damaged by fire, demolition or otherwise $0.00 2018-05 Pavliglu, Vasile, 6080 Dixon St, Niagara Falls, ON L2G 2L5 2018 Damaged by fire, demolition or otherwise $0.00 2018-43 Pavliglu, Vasile, 6080 Dixon St, Niagara Falls, ON L2G 2L5 2018 Damaged by fire, demolition or otherwise $618.83 2018-34 Lin, Richard Wei Yu, 7701 Goldenrod TL, Niagara Falls, ON L2H OK4 2018 Damaged by fire, demolition or otherwise $774.26 2018-30 Hill, Melanie April, 6426 Maranda St, Niagara Falls,ON L2G 1Z7 2018 Damaged by fire, demolition or otherwise $33.08 2018-35 1984322 Ontario Inc, 5802 George St, Niagara Falls, ON L2E 3E2 2018 Damaged by fire, demolition or otherwise $61.11 2018-36 Rymarhuk, Derek Alan and Michelle Lynn, 6130 Corwin Av, Niagara Falls, ON L2G 5L6 2018 Damaged by fire, demolition or otherwise $24.60 2018-06 Karahan, Aliriza, 7885 Mulhern St, Niagara Falls, ON L2H 1R8 2018 Damaged by fire, demolition or otherwise $799.93 2018-08 Niagara Falls City, 4310 Queen St, PO Box 1023 Stn Main, Niagara Falls, ON L2E 6X5 2018 Became Exempt $25,437.19 2018-07 St. George Serbian Orthodox Church and School, 6085 Montrose Rd, Niagara Falls, ON L2H 1L4 2018 Damaged by fire, demolition or otherwise $0.00 2018-09 2351188 Ontario Inc, 8004 Lundy's Ln, Niagara Falls, ON L2H 1H1 2018 Ceased to be liable to be taxed at rate it was taxed $0.00 2018-15A Colaneri, Michael V (Sr) 6359 Forest Ridge Dr, Niagara Falls, ON L2J 4K2 2015 Gross or manifest clerical error $218.23 2018-15B Colaneri, Michael V (Sr) 6359 Forest Ridge Dr, Niagara Falls, ON L2J 4K2 2016 Gross or manifest clerical error $289.91 2018-15 Colaneri, Michael V (Sr) 6359 Forest Ridge Dr, Niagara Falls, ON L2J 4K2 2017 Gross or manifest clerical error $145.22 2017-80 Zajac, Taras & Eva, 9446 Shoveller Dr, Niagara Falls, ON L2H 0M2 2017 Gross or manifest clerical error $0.00 2017-46 Henry, Harold Fitz -William, 2-6118 Kelsey Cr, Niagara Falls, ON L2H 2017 Ceased to be liable to be taxed at rate it was taxed $2,125.69 2018-14 1855928 Ontario Limited, 5832 Leonard Av, Niagara Falls, On L2G 4R1 2017 Ceased to be liable to be taxed at rate it was taxed $7,131.05 2018-10 GR (Can) Investment Co Ltd, 203 - 4342 Queen St, Niagara Falls, ON L2E 7J7 2018 Damaged by fire, demolition or otherwise ($1,874.70) 2017-78 Washington Mills Electro Minerals Corporation, PO Box 1002 Stn Main, Niagara Falls, ON L2E 6V9 2017 Damaged by fire, demolition or otherwise $0.00 2018-11 Washington Mills Electro Minerals Corporatioin, PO Box 1002 Stn Main, Niagara Falls, ON L2E 6V9 2018 Damaged by fire, demolition or otherwise $0.00 1,5L 40 817£ abed (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. Appl. # Name and Address of Applicant Taxation Year Reason for Application Reduction Amount 2018-12 Spence-Collee, Joan D M, 7863 Garner Rd, RR 2, Niagara Falls, ON L2H 0Y1 2018 Damaged by fire, demolition or otherwise $0.00 2017-42 Onu, Ekene & Dobosiewicz, Joanna, 46 Pebble Valley Av, Stoney Creek, ON L8E 6E7 2014 Gross or manifest clerical error $1,557.67 2017-72 Wasim Investments Limited, 34 Baisville Cr, Brampton, ON L6P 3A4 2017 Damaged by fire, demolition or otherwise $275.42 2017-43 The Corporation of The City of Niagara Falls, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2017 Became Exempt $376.52 2018-26 The Corporation of The City of Niagara Falls, 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2018 Became Exempt $429.10 2018-39 Trendle, Benjamin Eugene & Jody Lynn, 10038 Beck Rd, RR3, Niagara Falls, ON L2G OK4 2018 Damaged by fire, demolition or otherwise $153.07 TOTAL $137,804.11 Approved this 13th day of November, 2018 Report No.: F-2018-35 JAMES M. DIODATI, MAYOR [*Any individual items not approved must be struck out and initialed.] BILL MATSON, ACTING CITY CLERK X IS -2018-02 November 13, 2018 J—� NiagaraJi[Ils REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Information Systems SUBJECT: IS -2018-02 Naming and Renaming of Parks and Streets RECOMMENDATION For the information of Council EXECUTIVE SUMMARY City policies provide guidelines and procedures related to the naming or renaming of parks/open spaces and their component features, and streets in order to ensure consistency, continuity and community safety. BACKGROUND The City of Niagara Falls has policies and guidelines in place that inform the naming or renaming of parks/open spaces and their component features, and streets. The foremost intent of these policies is to minimize conflicts for emergency services. The Naming and Renaming of Parks Policy outlines the process and criteria for the commemorative naming or renaming of parks/open spaces and their component features (such as sports fields, playgrounds and washroom facilities). When naming new parks, open spaces, trails and components, staff may assign a name based on an adjacent street name, functional use, geographic feature, community name or historic significance. Generally for parks, the adjacent street name will be chosen. This name will remain unless a formal request for a name change is approved by Council. Chosen park/open space or component feature names must not conflict with similar names, in whole or in part (example: if a park is named "Oakes Park", no similar name such as "Red Oak Park" will be used), and must minimize conflicts for emergency services. For example names with difficult or unconventional spelling or pronunciation should be avoided. When a formal written request for naming or renaming a park/open space or component feature in honour of an individual or group is submitted to the Recreation Committee, the policy dictates that, in addition to considering a number of variables assessing the Page 349 of 751 2 IS -2018-02 November 13, 2018 suitability of the individual or group to be honoured and the park or feature to be renamed, the Committee and Council should also recognize that names causing confusion for the public or emergency services due to duplication with existing names, or that duplicate a school, facility or feature name that is not directly adjacent will not be considered. All park, open space, trail and component feature names in honour of individuals or groups must be approved by Council. The Civic Addressing Policy includes addressing standards for street names that intend to achieve compliance with the 911 Public Emergency Reporting Service (PERS) standard. The primary mandate of municipal addressing for the City of Niagara Falls is to support emergency services and provide a means to link files for record keeping purposes. In order to comply with emergency dispatch and responder needs, the policy follows three main principles — Avoid Duplication, Avoid Confusion and Establish Continuity. The policy outlines that street names must be unique within the municipality, clear and easy to understand, and not be similar to existing street names either in spelling or pronunciation. Street names should not have unconventional or variable spellings, consist of more than one word (such as first and last name), or include punctuation or special characters. Duplication of street names from neighbouring municipalities should also be avoided unless providing continuity with a common street. Historical names are encouraged, but should be historically correct, relevant to the area and appropriate for the street size. Names cannot be discriminatory, derogatory or offensive. Naming streets after businesses, industries or living individuals is discouraged. The use of street name themes is encouraged in new developments. The city does not currently use street name prefixes (but maintains a placeholder for 911 standard compliance) and only uses suffixes to distinguish between historical names (example: Main St and Main St Chippawa). All street names must be officially recognized by the passing of a municipal By -Law or registration process to be valid. ANALYSIS/RATIONALE The purpose of the City's policies pertaining to the naming or renaming of parks/open spaces and their component features, and streets is to provide guidance and procedures for staff, Committees and Council with the goal of creating consistency, continuity and community safety in relation to the management of these spaces. Compliance with these policies will ensure these goals are met. Page 350 of 751 3 IS -2018-02 November 13, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS No financial/staffing/legal implications CITY'S STRATEGIC COMMITMENT Strategic Priority, A Vibrant and Well planned City, Key Action: continue to follow the guidelines laid out in the above described policies to ensure consistency and continuity of naming. Strategic Priority, A Healthy and Safe Community, Key Action: continue to follow the guideline laid out in the above described policies to ensure the needs and requirements of emergency services are met. LIST OF ATTACHMENTS Recommended by: Steve Norris, Director of Information Systems Approved by: Tiffany Clark, Acting Director of Finance Respectfully submitted - Ken Todd, Chief Administrative Officer Page 351 of 751 NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW -2018-23 N.S. & T. Trail and Signage Project MW -2018-23 November 13, 2018 RECOMMENDATION 1. That staff be directed to work with the Canadian Railroad Historical Association (Niagara Division) to develop a signage plan for the N.S. & T. Trail to acknowledge the history of the former railway, and further, 2. That funding for the phased implementation of the N.S & T. Trail Project be referred for consideration in the 2019 Capital Budget. EXECUTIVE SUMMARY The Niagara, St. Catharines and Toronto Railway (N.S. & T) was an electric freight and passenger railway that served the eastern half of the Niagara Peninsula from 1899 until about 1960. The rail service has since been replaced by bus service and much of the current rail corridor has been incorporated into the City's Parks and Trails network. The Niagara Division of the Canadian Railway Historical Association (CRHA) has been promoting its Interpretative Board Program and has recently completed projects in St. Catharines, Thorold and Welland. The CRHA is seeking the City's commitment to recognize the historical significance of the former railway sections that traversed this municipality through a cost shared signage project. The N.S. & T. Trail was identified in the City's Sustainable Transportation Master Plan and was proposed for implementation in 2012-2017. While staff has not been able to advance this project in a formal way to date, the signage project would be an excellent catalyst to highlight and recognize the importance of this property in terms of both its historical significance and future role as an off-road active transportation link. The purpose of this report is to seek Council's direction to advance a phased implementation plan for the Trail project in cooperation and collaboration with the CRHA. Page 352 of 751 November 13, 2018 BACKGROUND - 2 - MW -2018-23 In June of this year, the City's Public Art Advisory Task Force considered the proposal from the CRHA and acknowledged that the story boards would be an effective way to recount the history of trains and railways in our community. More details are provided in the attached letter addressed to City Council, authored by Mr. Paul Chapman (see attachment #1). The Park -in -the -City Committee meeting held on Wednesday October 17, 2018 passed a motion to support the City collaborating with the Canadian Railroad Historical Association (Niagara Division) in an effort to develop a signage plan for the N.S. & T. Trail to acknowledge the history of the former railway. ANALYSIS/RATIONALE The proposed signage itself doesn't qualify as Public Art under the current policy however the opportunity to advance a coordinated signage program through a series of phased Capital Projects is desirable. The Sustainable Transportation Master Plan contemplated the implementation of the N.S & T. in three phases; • West Section — Garner Road to Montrose Road ($1.1 million) • Central Section — Montrose Road to Stanley Avenue ($2.45 million) • East Section — Stanley Avenue to Via Rail Station ($1.25 million) Note: these estimates are based on 2011 construction cost figures. Subsequent phases of the trail network including connections to the Olympic Trail should also be considered at a future date. FINANCIAL IMPLICATIONS Funding commitments for new Capital Projects will be dependent on approvals received by the newly—elected Council. Confirmation of the City's role at this time will simply provide direction to staff to continue its collaborative efforts with the CRHA and to fine tune details regarding project costs and cost-sharing arrangements. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priority to implement active transportation alternatives throughout the community. Page 353 of 751 November 13, 2018 LIST OF ATTACHMENTS 3 MW -2018-23 1. Letter from Paul Chapman (including attachments) 2. 2016 Municipal Bridge Appraisal — Robinson Street Bridge S042B Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Geoff Holman Page 354 of 751 MW -2018-23 — Attachment #1 TO: Mayor and City Council FROM: Paul Chapman, Co-ordinator, N.S. & T. Interpretative Board Project, Niagara Division of the Canadian Railroad Historical Association RE: INFORMATION FOR CITY OF NIAGARA FALLS CONCERNING A POSSIBLE NIAGARA, ST. CATHARINES &TORONTO INTERPRETATIVE BOARD PROGRAM WHO ARE WE: The Niagara Division of the Canadian Railroad Historical Association has about 50 members who meet at the St. Catharines Museum monthly. We are part of a national organization that has over 2,000 members. Our Division's goal is to promote an understanding of railway history in general and their impact on our communities. We are focused on documenting railroad history through photography. BACKGROUND: The NIAGARA, ST. CATHARINES & TORONTO RAILWAY (N. S. & T.) was an electric freight and passenger railway that served eastern half of the Niagara Peninsula. It was founded in 1899 and its last operations were in 1960. The original mainline of the N. S. & T. ran between Niagara Falls and St. Catharines. The N.S. & T had purchased the line from the St. Catharines and Niagara Central Railway which had operated the line as a steam railway. The N.S. & T. electrified the line. The N. S. & T. also provided the equivalent of local transit services in Niagara Falls using trolleys into the 1930s which were replaced by buses operated by the N. S. & T. The bus service was continued until 1960 when the City's current transit commission was formed. INTERPRETATIVE BOARD PROGRAM: The Niagara Division of the CRHA has undertaken a project to create interpretative boards to explain the history of the N. S. & T. to the public. To date, we have completed boards in Lakeside Park in Port Dalhousie, Merritton, Thorold and Welland. We are currently working with the City of Port Colborne for an interpretative board there that we hope to install Page 355 of 751 in 2018. The signs are approximately 0.6 m by 0.9 m. The signs have a combination of text and photographs to tell the story. The signs are produced by a company called Fontasy Signs. They produce high quality signs that you see in national parks and at national historic sites, for municipalities and the private sector. Their technology provides a vandal resistance and sun resistance surface. The Niagara Division of the CRHA does the research and project management. In return we look for a financial contribution from the local community. To date, we have received at least 50% of the cost from our local partners and up to 100% when done as part of a park redevelopment plan. A typical sign cost up to $3,500 to prepare and install. The Niagara Division had planned to do only one sign in Niagara Falls. If multiple signs are to be done, we would need to discuss how they are to be funded. The location related to the N.S. & T.'s operation is chosen in conjunction with local representatives. Locates for the sign can be done either by Fontasy Signs or the local municipality. A draft of the sign is reviewed with the local representatives before the final sign is produced. Fontasy Signs does the actual sign installation as part of their contract. In addition to our program with the N.S. & T. boards we have also done one interpretative board for the Welland Ship Canal Construction Railway as part of the Fallen Workers Project. Attach to this request are photographs of our most recent interpretative board for the Welland Ship Canal Construction Railway installed at Port Weller in a city park and a photograph showing the location of the interpretative board in Welland next to the Steve Bauer Trail. PROCESS TO DATE: We first met with City staff and completed an application to be considered by the City's Public Art Committee. On June 11th, the Public Art Page 356 of 751 Committee met and considered the application. There was a favourable reaction but also a recognition that perhaps a larger scale project would be possible if the Niagara Division of the CRHA was interested. The Executive of the Niagara Division of the CRHA has endorsed the concept of a larger program in Niagara Falls subject to appropriate conditions. I have held discussions with representatives of the Public Art Committee and with the Director of Municipal Works of the City. As a result, I am submitting this request to City Council for consideration. PROPOSAL To interpret the complete history of the N.S. & T. in Niagara Falls the following components would be required: 1. The predecessor company, the St. Catharines and Niagara Central Railway, a steam railway linking Niagara Falls and St. Catharines; 2. The creation of the N.S. & T. and the electrification of the line from St. Catharines to Niagara Falls; 3. The operation of the main line and information on frequency of service; 4. The operation of the equivalent of a local transit service within what is now the City of Niagara Falls; 5. The connection to tourism from both Canada and the United States; 6. The former Terminal Towers station at the plaza of the Rainbow Bridge. This is a large story to tell and there are many options for telling the story. For our other interpretative boards, we have produced boards at specific locations associated with the N.S. & T. operation. In Niagara Falls, this could be done at a select location along the former main line. It could also be done in more detail with interpretative boards located either in a cluster or spread along the former main line of the N.S. & T. A second option would be to tell part of the story along the former main line of the N.S. & T. and to tell the story of the Terminal Towers near the Rainbow Bridge perhaps in conjunction with the Niagara Falls Bridge Commission and the Niagara Parks Commission and the local transit component near the current transit hub or Page 357 of 751 near the Scotiabank Convention Centre on Stanley Avenue as this is near the southern terminus of the former local service. The appropriate approach for the interpretation in Niagara Falls will require additional discussion with City representatives. The City of Niagara Falls in 2011 adopted the Sustainable Transportation Master Plan. The creation of an N.S. & T. Trail was proposed as a priority for off road transportation. As shown in the graphic below from that report, there are four sections identified as Sections 10 A, 10C, 10 D and 10E, which were recommended as priority for construction. These sections follow the former N.S. & T. main line and would be an appropriate location at least in part to tell the story of the N.S. &T. and Niagara Falls. To date, this priority has not been implemented. On behalf of the Niagara Division of the Canadian Railroad Historical Association I am requesting that staff be directed to continue discussions with us on this topic and report back to City Council on an implementation strategy for a program to interpret the history of the N.S. &T. in the Niagara Falls context. Page 358 of 751 Queens/on Rd \M4A` tit's 7 r 14a 15c 11c --la 4-112 Niagara Falls USA Off Road Routes On Road Segments 15a rl 15b = 12 4-14b 13 2 new' Page 359 of 751 I look forward to working with you to explore the potential for an interpretative board in Niagara Falls. Submitted by Paul Chapman Co-ordinator, N.S. &T. Interpretative Board Program Niagara Division, Canadian Railroad Historical Association c.c. Geoff Holman, Director of Municipal Works, City of Niagara Falls Page 360 of 751 THE WELLAND SHIP CANAL CONSTRUCTION RAILWAY The Busiest Railway in Canada Welland Sh it. Canal, knowrats. and was nnierated hie the Ware 13,4r/inner, Railways n. fnunn and Canal, on Mhe It of vaAmis Aintraciises building Ow canal Wives. adl9H.leM`La•.•Line ran tbetweenPori l_^ 1rvFn Oeiv et rt in the north n the atone crushing Plant near the ttnm alti t Mgt. flocks, at she WeeOtherarpment in Merritt... l the WiAgara short of the railroad were kn.. in Wellandand Pod Colieorne independenth. mainIne. spurs were 1' b -I from the Maio ldne into Thorvald law railway connected to National hallway in Thorold and Mterribona ndn ve- gara,ret (Wilma nronm Rdr, .wa isn elected in oriha i ay in fuelA trate Weller. railway in 1..uw sensef't spoiled a double kstandard g,.,ge mainline, Innumerable' temporaryseveral penin - . f a _ P n rolling stork, blocksignalingmwten, ltelephone n &opal�ry an official dale K nk and operated on lrai n orders, all -00.s1107 Class railroads of the time_ Over 1 year lifespan, the radaaab hauled oyer d: nuflin, cubic yards of earth and rack, weighing over 100 m illion tuns, averaged over 200 trains per day, and al its peak in 1923, handled 384 trains in a dry. It r -d net without its problems, with 3p wand.' ,tlledin construction accidents related to the Rallwa7The 94799, began to be dIsmael led stmrlly after substantia! completion nithe Canal In 1929 901411 operated in a reduced function until 1931. 0919 a few remwnloal the rights-uf-uay yid other vestiges remain. h.- J kk x fh Ana P- h "1'.. meal norm lionoriv ta.ktritaiio and to be 6,72,41.P Thned wastrzx •=i tee, ...Mks to toratin, the canal Ontario. ene the east pier Will rudloto MI k Cly pm dib kM1ll' to he nvirs.ifibisen Aire In 1315 In err mann it durnonin earth se the coat,.p [ham un loaded. thst tain 11 go back teMniflkl at ao etionion she seinwsohere along thecae., mutt...own Nye and Thr m13. Tia r1, ant wentkl played our. Jos,' of Enos pr day. The In@rpretative Mud ices been made Pmslyk bydmut1ns from the Niagara Dhabi. of theCuvdian Faihnad Hittnrleal Asaetlalir, AA Ms, Kenneth Gans& and Andrew Parke. nth, wed prole called king needed 71 h i - nrst mm cash rellwxy,M4211421 . Ka1 IX, SUMTh d d F Y he Msluf Ow N 3 len and La tine ag T 1 Ib Yll,wa, con_ u led aAanI On. mann M _ utlel, tee. east towards MilNal> n fire islifibTlinenevF_'n3, `•'hat rd later tioniew haturihorir8.1. The dt.Mel rack 3tAin Line el die C.tftruct ion tO away isshow Aing the tetS.SzTin hont seIto rail hue plac w Au Welland Canals l•,ukwu owrysr behind and len of the towers u1terr'. rhe Lnck 1 brldy'' would bebudl and justInngln of the nAncr, mounds of earth AA visite as part to the vuaaen[itm of the<anal prism in tltat«ectional tlae pN Freud nm ale locum...1.;;:s. dte Fight Locks Nu. 1 sot.. nu:ITC .-41,22 ties. dg` used to haul nuesals.1.3. [he hort WrIlet pie or wandstone andcowrie locatlen ',h., SI Leveren. ttt .11onete crusher no. the tAnneusnwnl Cerporat,tolii.ler use as W kunw. _.tote .747991003303735' h. telos in and concretesupplies l nivAranfire430 )Ede dump - . areanaM pa fin revers,, Mx maw soOPIAAona n' Page 361 of 751 Page 362 of 751 fir Nia_gara,Falls REPORT TO: SUBMITTED BY: SUBJECT: MW -2018-24 November 13, 2018 Mayor James M. Diodati and Members of Municipal Council Municipal Works MW -2018-24 Intelligent Incident Cameras (Dash Cameras) Municipal Vehicles RECOMMENDATION That Council authorize the purchase of twenty-seven (27) Intelligent Incident Cameras (dashboard cameras) for municipal fleet for the 2018/2019 winter season from the Winter Special Purpose Reserve fund at an upset limit of $44,395.00. EXECUTIVE SUMMARY Municipal Works staff have been increasingly engaged in the risk management process and have been researching best practices for tools that help protect the Corporation form frivolous claims and damage prevention. The use of dash -mounted cameras are a cost effective tool being used in progressive municipalities to record and document conditions and activities encountered on a daily basis. The purpose of this report is to seek funding for the retrofit of 27 vehicles with Intelligent Incident Cameras (dash cameras) so that they can be installed as soon as possible. BACKGROUND Risk Management is a key responsibility and vital part of Capital Asset stewardship. As our infrastructure continues to expand so does the exposure to risk. Municipal Works staff are increasingly involved in the processing of claims, highlighting the importance of the need to document the conditions of the roads and sidewalks etc., on a regular and consistent basis. More specifically, Municipal Works Supervisors are responsible for; a) Ensuring that staff responds immediately to the investigation of any report of a hazard or incident received from a resident, employee, contractor or visitor; b) Implementing risk control measures to mitigate exposure; c) Ensuring that their employees and contractors within their Department are trained, updated and undertake their duties in accordance with corporate risk management and other related policies and procedures; Page 363 of 751 2 MW -2018-24 November 13, 2018 d) Reporting to their Director on a regular basis on risk management issues including budget, programs, measures and incidents; and ANALYSIS/RATIONALE Municipal Works staff undertook a trial period with the installation of a dash camera during the months of August and September 2018. The Shift Supervisor's vehicle was chosen allowing viewing of footage during daylight and night time hours to test the quality of the footage. During the first thirty (30) days of installation, four events were recorded and used to deflect claims against the corporation. Research of best practices revealed that municipalities noticed a reduction in claims. As shown in the chart below, since 2016 to present day, Municipal Works Operation claims have increased by 49%. In particular, during the 2018 winter maintenance season snow plows incidents increased dramatically. 2016-2018 - Municipal Works Operation Claims Category 2016 2017 2018 Sidewalk Claims - Slip & Fall 7 5 13 Sidewalk Claims - Trip & Fall 8 10 8 Street Claims - Potholes 2 13 12 Street Claims - Boulevards 0 1 0 Forestry Claims - Fallen Trees 1 6 3 Forestry Claims - Fallen Tree limbs 6 8 6 Winter Maintenance Claims - Snow plow damage to driveway 1 0 2 Winter Maintenance Claims - Snow plow damage to parked vehicles 0 0 4 Winter Maintenance Claims - Snow plow damage to sod 0 1 2 Winter Maintenance Claims - Sidewalk trackless machine damage 0 1 1 Total 25 45 51 As shown in the chart below, between 2016 - 2018 there were 28 City Fleet motor vehicle accidents/incidents. Evidence of dash cam footage would aid motor vehicle accident investigations in determining who is at fault, as well as, minimize the risk of financial loss in the event of an accident. These devices also have the effect of improving employee on -road driving behaviour. Page 364 of 751 3 MW -2018-24 November 13, 2018 2016-2018 Total Number of City Fleet Vehicle Accidents/Incidents Category 2016 2017 2018 Snow plow hit Third Party vehicle 1 1 6 City vehicle caused property damage 1 - - City vehicle hit Third Party vehicle 2 7 - City vehicle involved in single vehicle accident 1 - - Third Party vehicle hit City vehicle 3 1 2 Third Party vehicle hit Sidewalk Trackless machine 1 - - Third Party vehicle rear-ended City vehicle - 2 - Total 9 11 8 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Costs associated with this purchase at $44,395.00 are unfunded in the 2018 Operational Budget. It is recommended that this purchase to be funded from the Winter Maintenance Special Purpose Reserve Funds. CITY'S STRATEGIC COMMITMENT The recommendations contained within this report are in keeping City Council's Strategic Priorities of efficient and effective delivery of municipal services and use of resources. ATTACHMENTS None. Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted• Ken Todd, Chief Administrative Officer Geoff Holman/Marianne Tikky Page 365 of 751 0 Associated Engineering GLOBAL PERSPECTIVE. LOCAL FOCUS. TECHNICAL MEMORANDUM MW -2018-25 Attachment #1 Issue Date: October 18, 2018 File: E.04.11 To: Livia McEachern, P.Eng. From: Stan Mathew, P.Eng. Client: City of Niagara Falls Project Name Bukator and Rapids View Drive Sewer Separation Project No. 2018-5237.000 Subject: Progress Memo 1 PROBLEM STATEMENT The City of Niagara Falls (City) is undertaking an investigation to address the existing storm and sanitary servicing issues, including (1) basement flooding at residential homes along Rapids View Drive, and (2) existing sanitary sewer infrastructure located on private property which has resulted in access and maintenance issues. Various solutions will be presented and evaluated against technical, social, environmental and economic criteria. The ultimate solution will provide separate storm and sanitary servicing while aiming to increase the level of service by minimizing the risk of sewer backups to residents and relocating infrastructure onto City owned property. The study area is shown in Figure 1-1. Figure 1-1: Study Area c:\users\500851m\appdata\local\microsoft\windows\temporary internet files\content.outlook\g7t6s9ol\tcm_bukator_oct2018-progress-memo_rev3.docx BEST MANAGED COMPANIES Page 366 of 751 Memo To: Livia McEachern, P.Eng. October 18, 2018 Page 2 City of Niagara Falls Bukator and Rapids View Drive Sewer Separation 2 BACKGROUND The City of Niagara Falls retained Associated Engineering Ltd. (AE) to complete an evaluation and preliminary design for (1) the sanitary servicing of the residential properties along Rapids View Drive; (2) the installation of a new storm conveyance system that connects to an existing outlet along the Niagara River, and (3) the replacement of the existing watermain on Rapids View Drive. Rapids View Drive and Bukator Drive currently have a rural cross section with roadside ditches and culverts for drainage. Residents on Rapids View Drive have had a history of flooding, likely due to the shallow flat profile of the existing sewers and laterals. Part of the existing sanitary sewer system crosses through private property, which has resulted in difficulties accessing, maintaining and repairing the existing sewer main. These issues, along with the age of the existing system, triggered the need to consider replacing the existing sanitary and storm systems. 3 WORK COMPLETED TO DATE 3.1 Feasibility Study (2017) The City and AE originally began working together on improvements for Rapids View Drive as part of the detailed design for Portage Road and Macklem Street. The concern was raised during this detailed design project that future works on Rapids Way could impact the design at Portage Road and Macklem Street. As part of the feasibility study for Rapids View Drive, the following three (3) different options were selected to be assessed: 1. Keller Street — New sanitary main will be installed on Rapids View Drive which flows south and connects into the existing Keller Street sanitary main (continues south) 2. Mechanic Street — New sanitary main will be installed on Rapids View Drive which flows south and connects into the existing Mechanic Street sanitary main (flows east) 3. Niagara Parkway — Existing sanitary main on Rapids View Drive will be connected to new sanitary main on Bukator Drive and along the Niagara Parkway and connect to the existing Macklem Street sanitary main The preferred alignment option from this study was Option 2: new sanitary sewer on Rapids View Drive, which connects to Mechanic Street. However, after subsequent results of the topographical survey, basement survey, and other field collection, it was discovered that a typical gravity sanitary sewer system, under a Municipal Class EA Schedule A+, may not be the preferred solution. As such, it was necessary to review further alternatives, which are included in this preliminary design study. 3.2 Preliminary Design Study (2018) The recent phase of this project began in the Spring of 2018. The team is currently finishing the data collection phase and reviewing and analyzing the collected data. From this review, several alternatives will be presented and analyzed. The preferred alternative may require that a Municipal Class EA Schedule B or C is conducted, depending on the requirements (property acquisition, pumping station requirement, new storm outlet, etc.). The following tasks have been completed for the current phase of the project: 00 Associated Engineering GLOBAL PERSPECTIVE. LOCAL FOCU&users\50085Im\appdatalocal\microsoft\windows \temporary Internet files\content.outlook\g7t6s9ol\tcm_bukator_oct2018-progress-memo_rev3.docx Page 367 of 751 Memo To: Livia McEachern, P.Eng. October 18, 2018 Page 3 3.2.1 Background Collection, Supplier Discussions City of Niagara Falls Bukator and Rapids View Drive Sewer Separation All background engineering drawings of the existing City system, NPC system, relevant standards, policies and bylaws were collected and reviewed. Various supplier materials were collected and studied for alternatives to gravity systems. 3.2.2 CCTV Investigation Bob Robinson Construction as retained to conduct closed-circuit television (CCTV) review through all the storm and sanitary sewers within the study area. Video of the existing sanitary sewers were analyzed to determine if there were any storm connections to the sanitary system or major defects along the existing pipe that may result in additional extraneous flow entering the pipes. Footage was also reviewed to determine if there were any large blockages caused by debris, roots, mineral deposits or grease that may restrict flow and create backups in the system. Video of the existing storm sewers was analysed to determine the condition of the existing pipes. Should there be capacity in the existing storm sewer, and if the sewer is in good condition, connecting a new storm sewer along Rapids View Drive and Bukator Drive into the existing storm network would be evaluated as a viable alternative. 3.2.3 Flow Monitoring AMG Environmental Ltd and GM BluePlan Engineering Ltd installed three (3) flow monitors into sanitary manholes in the study area to determine the existing flow characteristics. These monitors are located at the intersection of Rapids View Drive and Bukator Drive, at the bend of Bukator Drive, and along Macklem Street immediately north of Mechanic Street. Monitors were installed in August 2018 and will be removed by November 2018. Data from these monitors is being downloaded and reviewed monthly. This data will help size the proposed sanitary system along Rapids View Drive. 3.2.4 Topographic Survey The City completed a topographic survey of the existing study area. AE has used this survey to complete a base plan drawing, which will be used as the basis for design concepts and provide valuable information to help evaluate all feasible alternatives. The survey identifies where all existing underground infrastructure and utilities are located and provides elevation data along Rapids View Drive and Bukator Drive. 3.2.5 Resident Questionnaire City inspectors walked door-to-door on Rapids View Drive to speak to residents about this study and gather information regarding the local storm and sanitary connections. Residents were asked about the location of their cleanouts and sump pumps, any history of sewer backups, and any potential illegal connections. A total of ten (10) residents were surveyed, and of these residents, three (3) have experienced sewer backups in the past. 3.2.6 Problem Statement The preliminary problem statement for this project has been determined to appropriately identify the exact scope, based on collected information. This is critical if this project moves forward under the framework of an Municipal Class EA. 0 Associated Engineering GLOBAL PERSPECTIVE. LOCAL FOCU&sers\50085Im\appdatalocal\microsoft\windows \temporary Internet files\content.outlook\g7t6s9ol\tcm_bukator_oct2018-progress-memo_rev3.docx Page 368 of 751 Memo To: Livia McEachern, P.Eng. October 18, 2018 Page 4 City of Niagara Falls Bukator and Rapids View Drive Sewer Separation 4 NEXT STEPS 4.1 Geotechnical Investigation A geotechnical investigation will be completed within the next month to provide a better understanding of the soil characteristics and groundwater levels. This will provide important information and recommendations on viable locations for the new storm and sanitary mains, adequate design options, and safe work practices in construction. This will also provide more information to finalize the project's problem statement. 4.2 Preliminary Design Concepts All background information listed above including the engineering drawings, CCTV investigation, topographic survey, resident questionnaire, and geotechnical investigation will be reviewed, analyzed, and then used to design a few feasible preliminary concepts. A new sanitary collection system will be installed within City owned right-of-way, and variations of the following alternatives will be reviewed: i. Full gravity sanitary sewer system ii. Use of a single pump system at the end of Rapids View Drive iii. Individual grinder pumps and low-pressure sewer systems Overland drainage will be addressed by evaluating the possibility of roadside ditches and culverts, a complete storm sewer system, or a combination of the two options. A complete review of the existing storm sewer outlets will be completed to determine if the collected stormwater along Rapids View Drive and Bukator Drive can be directed into any of the existing outlets. It should be noted that if the existing storm outlets do not have capacity to accept the runoff from Rapids View Drive, and a new outlet is required, this could also trigger a Municipal Class EA process. 4.3 Public Consultation — Meeting All feasible preliminary design concepts will be presented to the public, along with a list of possible evaluation criteria. The public will be asked to provide their input on both the concepts and the evaluation criteria. It is important that the preferred alternative is favourable amongst the residents. 4.4 Alternative Evaluations Using input received from the public consultation, as well as opinions from subject matter experts, technical, social, environmental and economic criteria will be determined and used to evaluate all feasible alternatives. Once a preferred solution is found, it will be presented to the public and carried through to detail design. ti, Associated Engineering GLOBAL PERSPECTIVE. LOCAL FOC4\users\50085Im\appdatalocal\microsoft\windows \temporary Internet files\content.outlook\g7t6s9ol\tcm_bukator_oct2018-progress-memo_rev3.docx Page 369 of 751 Memo To: Livia McEachern, P.Eng. October 18, 2018 Page 5 Prepared by: Lindsay Mooradian, P.Eng. el, Associated Engineering City of Niagara Falls Bukator and Rapids View Drive Sewer Separation Reviewed by: Stan Mathew, P.Eng. GLOBAL PERSPECTIVE. LOCAL FOCU .\users\500851m\appdata\ocal\microsoft\windows\temporary internet files\content.outlook\g7t6s9ol\tcm_bukator_oct2018-progress-memo_rev3.docx Page 370 of 751 fir Nia_gara,Falls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of Municipal Council Municipal Works MW -2018-25 Bukator Drive and Rapids View Drive Sewer Separation Project Update MW -2018-25 November 13, 2018 RECOMMENDATION That this report be received by Council and that staff be directed to proceed with the next steps as outlined. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an update of the tasks completed to date as well as the proposed next steps. The Bukator Drive and Rapids View Drive Sewer Separation Project was initiated in response to basement flooding and maintenance concerns. The City retained Associated Engineering Consultants (AE) to review the existing conditions and recommend new storm and sanitary sewer alignments. AE's initial feasibility report outlined a preferred alignment for a new sanitary sewer extending from Rapids View Drive across an existing easement to Mechanic Street, eliminating the section of sewer across private property. The preferred storm alignment extends from Rapids View Drive and connects to the existing 900mm sewer on the Niagara River Parkway. To progress the conceptual alignments to designs, the following tasks were initiated: • Review of Background Information (complete); • Topographic Survey and Resident Basement Questionnaire (complete); • Closed Circuit Television (CCTV) Investigations (on-going); • Flow Monitoring (on-going); and • Geotechnical Investigation (on-going). After review of the initial information collected AE noted that a traditional gravity sewer would not provide the recommended level of freeboard in the sanitary sewer. They recommended that additional alternatives be reviewed, including a single pump system, and a low pressure system with individual grinder pumps. Upon completion of the data Page 371 of 751 2 MW -2018-25 November 13, 2018 collection, AE will progress the design of the storm sewer. Should the preferred alignment prove unfeasible, a new or upsized storm outlet may be required and AE will identify and present storm sewer alternatives. All alternatives, storm and sanitary, will be reviewed against technical, financial and social criteria and a preferred alternative will be recommended. Should the preferred sanitary alternative include a pumped solution, or should the preferred storm alternative include a new storm outlet, the project will be elevated from a Schedule A+ to a Schedule B or C Environmental Assessment, requiring additional reporting and public consultation. To avoid possible future project delays, AE is carefully documenting the process and will facilitate a Public Information Center (PIC) early in 2019 to review proposed alternatives and evaluation criteria. A second PIC will be held at a later date to present the evaluations and the preferred alternatives. BACKGROUND The Bukator Drive and Rapids View Drive Sewer Separation Project was initiated in response to the following issues: • Frequent calls from residents who have experienced basement flooding. Past flooding has been attributed to the shallow depth of the sewer which does not allow for connection of the laterals at the mainline pipe's spring line, as well as the existence of a combined sewer system. • Due to the shallow sewer depth, as well as the insufficient pipe slope, the sewer requires more frequent maintenance activities such as flushing; however, access to the full sewer is restricted due to partial alignment across private property. • Unknown flow quantities due to the existence of pumped flows from the Niagara Parks Commission, as well as unknown stormwater flow contributions. The City retained Associated Engineering Consultants (AE) to review the existing conditions and recommend an alignment for both a new storm and sanitary sewer. The initial feasibility report provided by AE outlined a preferred alignment for a new sanitary sewer which would eliminate the section of the sewer through private property. The preferred sanitary alignment would extend from Rapids View Drive and across an existing easement to Mechanic Street. In addition to this, the preferred storm alignment would extend from Rapids View Drive, along Bukator Drive, connecting to the existing 900mm storm sewer located on the Niagara River Parkway. Page 372 of 751 3 ANALYSIS/RATIONALE MW -2018-25 November 13, 2018 The initial feasibility study was completed at a high level and, in order to progress the new sanitary and storm sewers systems from conceptual, theoretical alignments to constructible designs, the need for additional information and analysis of the existing systems was identified and the following tasks were initiated: • Review of Background Information — All engineering drawings were reviewed. • Topographic Survey and Resident Basement Questionnaire — A topographical survey was completed for the entire area, including all located storm outlets along the river. As part of the survey work, City of Niagara Falls staff conducted resident survey. Residents were contacted via letter and encouraged to schedule an appointment with surveyors. The survey and questionnaire was designed to assist the designers when recommending a depth for the new sewer system. • Closed Circuit Television (CCTV) Investigations — CCTV was requested and provided for all sanitary and storm sewers in the area, with the exception of some storm sewers which could not be accessed due to their proximity to the river. AE has not completed their review of the CCTV information; however, several areas of the existing combined system have been identified as having a poor or worse condition rating. • Flow Monitoring — Three (3) flow monitors were installed in strategic locations in August 2018 to quantify and classify flow contributions from the Niagara Parks Commission, as well as storm events. Data is being collected and analysed monthly. Flow monitoring will continue until November 2018. • Geotechnical Investigation — A geotechnical investigation was initiated in late October and will provide information on soil classification and quality, water table elevations, etc. Initial reporting is expected in early December. After review of the initial information collected, specifically the topographic survey and basement questionnaire, AE noted that a traditional gravity sewer would not provide the recommended level of freeboard in the sanitary sewer. They further recommended that additional alternatives be reviewed, including a single pump system, as well as low pressure system coupled with individual grinder pumps at each lot. The alternatives will be reviewed against technical, financial and social criteria and a preferred alternative will be recommended. Should the preferred sanitary alternative include a pumped solution, the project will be elevated from a Schedule A+ to a Schedule B or C Environmental Assessment, requiring additional reporting to the Ministry of Environment, Conservation and Parks (MECP), as well as increased public consultation. To avoid possible future project delays, AE is carefully documenting their steps and will facilitate a Public Information Center (PIC) early in 2019 to review the proposed sanitary sewer alternatives and Page 373 of 751 4 MW -2018-25 November 13, 2018 proposed evaluation criteria. A second PIC will be held at a later date to present the evaluation and the preferred alternative. Upon completion of the CCTV inspections, geotechnical investigation and collection of flow monitoring data, AE will progress the design of the storm sewer. Should the preferred alternative (connection into the existing 900mm storm sewer system on the Niagara River Parkway) prove unfeasible, a new or upsized storm outlet maybe required. A new outlet would also elevate the project from a Schedule A+ to a Schedule B or C Environmental Assessment. Similar to the sanitary design process, AE will carefully document steps and, if the preferred storm alignment is not feasible, they will present all proposed storm sewer alternatives at the PIC. Furthermore, AE has identified a stakeholder list for the project which includes, but is not limited to, Region of Niagara staff involved in Regional projects within the study area, Niagara Parks Commission staff, as well as local residents and business owners. Stakeholders will be invited to attend the PICs and will be consulted at key project milestones. A technical memorandum describing the steps which have been taken to date, as well as all proposed next steps, has been prepared by AE attached. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Additional engineering fees may be required if the project is elevated to a Schedule B or C Environmental Assessment. CSO funding was requested from the Region of Niagara in 2018 to offset design costs associated with this combined sewer separation project. At the time of this report approval for CSO funding had not been provided. CITY'S STRATEGIC COMMITMENT Implementation of this Capital Works project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, achieve infrastructure stability, and strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Bukator and Rapids View Drive Sewer Separation - Progress Memo (Associated Engineering; October, 2018) Page 374 of 751 Recommended by: 5 MW -2018-25 November 13, 2018 Geoff Holman, Director of Municipal Works Respectfully submitted Ken Todd, Chief Administrative Officer Page 375 of 751 _fir Niagara) ills REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW -2018-026 Kalar Road Widening Acquisition MW -2018-026 November 14, 2018 RECOMMENDATION 1. That the lands shown as Part 1 on the draft reference plan (Schedule A) be deeded to the City of Niagara Falls at no cost; and that all related legal fees for processing and registration of the widening are paid for by the City of Niagara Falls. 2. That the Mayor and Clerk and City Solicitor be authorized to take whatever actions and sign whatever documents required to complete the transaction. EXECUTIVE SUMMARY The dedicated property as shown as Part 1 on the draft reference plan (Schedule A) will assist the municipality in placing proposed sidewalk in a favourable location as part of the Kalar Road Reconstruction Capital project. A road widening would have been requested during the planning process of any future development of the lands. Owners of the property that front along a majority portion of the Kalar Road Reconstruction Project have agreed to deed a road widening at no cost; and that all related legal fees for processing and registration of the widening are paid for by the City of Niagara Falls. The purpose of this report is to receive Council's authorization to execute the requirements to complete the noted land transfer. BACKGROUND Kalar Road Reconstruction from Mcleod Road south to the Hydro Corridor was approved in the 2018 Capital Budget. The construction project has been tendered and was awarded to Alfidome Construction with the anticipated completion to be December 2018. As part of this project new sidewalk along the east and west side of Kalar Road will be constructed. Currently there is road widening along Kalar Road that would be needed Page 376 of 751 2 MW -2018-026 November 13, 2018 to place the sidewalk in a favourable location. Typically a widening of this nature would be requested through the planning process. Owners of the property that front along a majority portion of the Kalar Road Reconstruction Project have agreed to deed a road widening at no cost; and that all related legal fees for processing and registration of the widening are paid for by the City of Niagara Falls. The property owners have provided the City with a letter acknowledging the transfer of the road widening as shown as Part 1 on the attached draft reference plan (Schedule A). ANALYSIS/RATIONALE The road widening would assist the City with a favourable location for new sidewalk and as well would be requested as part of future planning processes. Staff recommends that the lands be deeded to the City free and clear of any encumbrances. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The lands are proposed to be deeded to the City at no cost with all related legal fees for processing and registration of the widening being paid for by the City. Kalar Road Reconstruction Project was approved in the 2018 Capital Budget. CITY'S STRATEGIC COMMITMENT The proposed deeded property is in keeping with Council's commitment to organizational efficiency and effectiveness, and the creation of a well-planned City. LIST OF ATTACHMENTS 1. Schedule A — Draft Reference Plan 2. Schedule B — Letter of Acknowledgement Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted• Ken Todd, Chief Administrative Officer Page 377 of 751 gLg"r"rypep8gq"e"ey"rygPgg"eg"ep"epp"ep SSSSaSSSed8d8 an D 1, °.. (grA •V "".°.4°°`4 °:u': «).: rs 1°°6°:10 ",°°,") R 0 A D waw uto..,,x an4a lowa.o La 1111719b6' L'L �•vcn) 1un� \cap i I PART 3. PUNE NENIEEN TOBNSg160 P LOTS & 185 1\tQ1 I /p `5 R - LAN 14634 I Sbl �STAMFORD TOWNSHIP LOT 18 \ 44� 102 101 nr? ( �— —1—;-"JVm Page 378 of 751 /I/ MOUNTAINVIEW HOMES City of Niagara Falls Municipal Works Dept. City of Niagara Falls, 4310 Queen St. P.O. Box 1023 Niagara Falls, ON, Canada, L2E 6X5 October 4, 2018 Dear Sir, Re: City Requested Road Widening West Side of Kalar Road, South of McLeod Road SCHEDULE 'B' Further to your request by email of September 26, 2018, we are agreeable to deed the requested road widening to the City at no cost, prior to submission of our proposed Draft Plan of Subdivision for the affected lands. (Copy of Draft Reference Plan Attached). We are agreeable to this procedure on the basis that no further road widening will be requested in this location during the Draft Plan approval procedure; and that all related legal fees for processing and registration of the widening are paid for by the City of Niagara Falls. Trusting that you find this acceptable. Sincerely, Cobas D elopments Inc. Ken Gonyou Land Development Director 3350 MERRITTVILLE HWY UNIT 9 THOROLD ON L2V 4Y6 0 905 688 3100 F 905 688 5524 WWW.MOUNTAINVIEW.COM Page 379 of 751 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW -2018-27 New South End Bulk Water Station MW -2018-27 November 13, 2018 RECOMMENDATION 1. That Council authorize staff to commence the engineering design of an additional new bulk water station to be located in the south end of the City. 2. That the 2018 Capital Budget be amended to include funding to support this investigation. EXECUTIVE SUMMARY The City owns and maintains two bulk water stations. One station is located at 3265 Stanley Avenue, across from the Municipal Service Centre. The second station is located at 5571 Chippawa Parkway, on the corner of Chippawa Parkway and Stanley Avenue. These stations provide water access for contractors who require water for their operations and for bulk water haulers who supply rural residents with water. Demand on the bulk water station in the south end of the City has reached a critical point where wait times are reaching 2 hours to fill a single vehicle. In order to maintain an appropriate level of service, Municipal Work Staff is requesting funding in the amount of $50,000 to begin design work and prepare an estimate for the project to be considered for the 2019 Capital Budget. BACKGROUND The City owns and maintains two bulk water stations which provide Municipal drinking water access via a pay -per -use system. These two bulk water stations have become busier over the last two summers. Currently, there are 90 account holders and over 200 access cards for the existing bulk water stations. Our current two bulk water stations only permit one vehicle to fill at a time at an average fill time of 12 minutes. We require all contractors who need water for their operations (hydro excavation, sewer flushing, dust suppression, horizontal directional drilling etc.) to purchase water via our bulk water station. Additionally, although the City does not physically supply water to residents located Page 380 of 751 November 13, 2018 - 2 - MW -2018-27 outside the urbanized area, we do supply access for Bulk Water Haulers via the bulk water station to provide the rural population access to Municipal drinking water. During the final half of the summer of 2018 there were wait times of up to 2 hours per truck for Contractors and Bulk Water Haulers. Rural residents were advised that due to long wait times their delivery requests would be delayed or have to pay extra for the Water Hauler to travel to a neighbouring Municipality to obtain water. To aid in providing service to the rural population, from mid-August until late September Municipal Works stationed staff two days per week at a fire hydrant with a water meter to give another access point for the Bulk Water Haulers to fill up. Consumption was then manually recorded and entered manually into the electronic billing system. ANALYSIS/RATIONALE To respond to increasing requests for access to bulk water, Municipal Works staff would like to retain the services of a Consulting Engineer to aid in the design of a multi-access point bulk water station, to supplement the existing two stations. Once the engineering design work has been completed, staff will submit a request for funding from the 2019 Capital Budget to begin construction in 2019. At this time, staff recommends amending the 2018 capital budget to include $50,000 for the proposed detailed engineering design. FINANCIAL/STAFFING/LEGAL IMPLICATIONS This project is being commissioned in response to increased demand on our existing two bulk water station. This need became apparent during the summer of 2018 and as such, dedicated funding is not included in the 2018 Capital Budget. Staff recommends that the capital budget be amended to include $50,000 to begin the necessary detailed engineering design work for this project. The $50,000 funding source will be allocated from the Water -Unallocated Capital Special Purpose Reserve. Further funding for the construction of a new bulk water station would be made in 2019. CITY'S STRATEGIC COMMITMENT The recommendations in this report are consistent with Council's Strategic Priority to achieve the goal of infrastructure sustainability. LIST OF ATTACHMENTS 1. Location Map of Existing Bulk Water Stations 2. Capital Budget Worksheet Recommended by: Respectfully submitted: James Sticca/Geoff Holman Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer Page 381 of 751 i,5L 40 Z8£ abed MH ■YIl1 11111 =.,,III1n .-IIp. imullinliWso , =■■1■■■Emmis i 110111.91111Ma ilm iticsmilPI numuni 11rl1SiMmlaw IIESIMagsnieg anipmatarrilli .a MOM El PM - Jr" UNITED STATE Current Location of Bulk lir Water Stations Ni -To STATES 4F AMERICA Capital Budget Worksheet 2018 Department MUNICIPAL WORKS Project Name New Bulk Water Station - South End Project I.D. # NEW MW -2018-27 - Attachment #2 Priority (1-3) 0 Included in 10 year 0 Capital Plan (y/n) Project Description Detailed engineering design of a multi-access point bulk water station to be located in the south end of the city. In response to increasing demand on existing two bulk water stations. Projected Start Date: Opening Balance -Jan 01 (surplus)/deficit EXPENDITURES Engineering Fees/Design/Studies Land/Building/Fumiture/ Equipment Construction Roads Storm Sewers Water Sanitary Sewers Sitework/Landscaping Contingency Other Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Capital Holding Reserve Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial/Federal Grants Extemal Contributions Interest Earned Other TOTAL FUNDING SOURCES Closing Balance -Dec 31 (surplus)/deficit Nov -18 YEAR 2018 YEAR 2019 YEAR 2020 YEAR 2021 YEAR 2022 50,000 50,000 50,000 50,000 Page 383 of 751 NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works MW -2018-28 November 13, 2018 SUBJECT: MW -2018-28 Robinson St. Bridge Removal and Municipal Class EA Projects RECOMMENDATION 1. That the 2018 Capital Budget be amended to provide funding for the engineering associated with the removal of the Robinson Street Bridge over the former CP rail line; 2. That funding for the removal of the bridge be considered in the 2019 Capital Budget; and 3. That funding for the Municipal Class Environmental Assessment for the reconstruction of Robinson Street (Stanley to east limit) including the reinstatement of an accessible pedestrian link to Victoria Park is referred to the 2019 Capital Budget for consideration. EXECUTIVE SUMMARY Municipal Works staff have been monitoring the condition of the Robinson Street Bridge and have identified that substantial work may be required very soon in order extend its service life for another 25 years. There is no longer a need for the bridge over the former rail corridor and recent development activity proposed for nearby adjacent lands can achieve better access if the structure was removed and the original grade is restored. Robinson Street currently has a poor pavement condition and some underground infrastructure needs to be upgraded. In addition, significant streetscaping including new sidewalks, street lighting bike lanes and transit stops should be incorporated into any new design for the roadway. Finally, the informal pedestrian access, often referred to as the Jolley Cut, is unsafe and requires significant work to bring the walkway up to today's standards. The connection will play a key role in providing access to Victoria Park and requires input from a number of stakeholders including the Niagara Parks Commission. By following the EA process the opportunity will be provided to all interested stakeholders. Page 384 of 751 November 13, 2018 - 2 - MW -2018-28 The purpose of this report is to seek Council's authorization to advance the engineering design of the Robinson Street Bridge using available funding in the 2018 Capital Budget. In addition, this report provides background information for a future EA study needed to determine the scope of the design elements to be included in the future Robinson Street Reconstruction Project. A separate project for the removal of the Robinson Street Bridge will also be considered as part of the 2019 Capital Budget. BACKGROUND Municipal Works staff engages the services of a professional engineering firm to conduct bi-annual condition inspections on each of its bridges and large diameter culverts. The Robinson St. Bridge was built in 1976 primarily to provide unobstructed access to lands on the east side of the former CP rail line. The structure inspections are being updated this year however the results of the last inspection in 2016 identified severe settlements and poor drainage conditions resulting in cracks, spalls and poor aesthetics. A copy of this report is attached (see attachment #1). ANALYSIS/RATIONALE Recent development activity proposed and approved for this area will drive the need to address existing substandard conditions within the next couple of years. The scope of the Robinson Street EA will require considerable input from stakeholders and may take 2-3 years to complete. A decision to replace the existing structure with a new bridge is not likely due to the future land use. Proceeding with the engineering for the removal of the existing bridge over the next few months will provide better construction cost estimates to examine opportunities for interim uses and better access to the adjacent property until the Robinson Street project can be scheduled for construction (3-5 years). The cost of removing the Robinson Street Bridge is estimated at $1,500,000. The engineering and contract administration costs are estimated to be an additional $250,000. The project can be tendered once the 2019 Capital Budget is approved and scheduled to start in the Spring/Summer (weather permitting). The estimated cost for the EA project is $250,000. This will be considered for funding in the 2019 Capital Budget. Page 385 of 751 November 13, 2018 FINANCIAL IMPLICATIONS 3 MW -2018-28 Funding for this project to be allocated from the Bridges and Guardrails Special Purpose Reserves. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priorities to support economic growth, achieve infrastructure sustainability and to provide safe, accessible transportation to the community. LIST OF ATTACHMENTS 1. Excerpt from the 2016 Municipal Bridge Appraisal — Robinson St. Bridge 2. 2018 Capital Budget Worksheet Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Geoff Holman Page 386 of 751 M._City of Niagara Falls 2016 Municipal Bridge Appraisal - Rehabilitation/Replacement - Structural Structure Name Robinson Street ID Number S042B Classification 0 Bridge ❑ Culvert Location 30m East of Clark Street Load Posting No Posting 0 Structure ❑ Municipal Span Lengths 16.5 m Board Order/Agreement ❑ Structure Type CPTS Yr Constructed 1976 Yr Rehabilitated N/A Inspection Date 06 -Jul -16 Current AADT 2000 Previous lnpsection 20 -Jun -14 Date AADT 1991 Next Inspection 2018 Projected AADT 2200 Effects of Deterioration MW -2018-28 - Attachment #1 There are numerous longitudinal sealed cracks in the asphalt over the deck and on the approaches. There is rutting in the asphalt over the bridge deck and there is evidence of minor settlement on both east and west approaches. There is severe settlement around the catch basin at the northeast corner. The curb at this location is severely damaged and is settling unevenly. There is severe settlement at the east end of the east approach slab which has been asphalt patched. The expansion joints are manufactured 'general tire'. The east and west expansion joints are leaking and are in poor condition. The sidewalks are in fair condition with isolated delaminations, medium spalls and areas of light settlement. The parapet walls are in fair to good condition. The aluminium Alcan railings are generally in good condition. There is a cap missing from the handrail at the north-west corner of the bridge. The piers are in good condition. The east abutment is generally in good condition with isolated narrow vertical cracks. The east approach retaining walls are in good condition. There is a vertical crack at the south corner of the east abutment between the slab on the retaining wall and the abutment (similar cracking is evident at the north-west corner). There is a severe concrete spall at the south-west corner of the abutment between the pre -cast concrete retaining wall and the in-situ concrete abutment (similar spall at northeast corner). The deck soffit is in good condition with some isolated spalls on the north side. There may have been some leakage through the deck as there is rust stains at the ends of the deck above the east and west abutments. The west abutment has several vertical cracks with evidence of rust staining and efflorescent staining. There are exposed utilities on the ground running along the northwest retaining wall. Recommendation It is our understanding that the City plans to construct a trail under the structure or remove the structure and make the trail cross the roadway at grade. To maintain the existing structure, we recommend patch, waterproof and pave and also that the top layer of asphalt be milled and be repaved on the approaches in 1-5 years, the estimated cost of this work is $200,000. We also recommend replacing the expansion joints. The City can expect that the structure should last approximately 25 more years before it would need major rehabilitation work or removal. Based on the existing drawings, we estimate that the cost of removing the structure and regrading the roadway would be in the range of $1,000,000-$1,500,000. Recommended Rehabilitation TJR - Transverse Expansion Joint Replacement PWP - Patch Waterproof and Pave WSR - Wearing Surface Rehabilitation Priority Rating 1-5 Years Implementation Ranking Medium Estimated Total Cost $483,000.00 General Overall Condition Fair BCI: 65 Friday, November 18, 2016 Br/dge Management Database: Developed jointly by The Town of Fort Erie and ELL/S Engineering Inc. Version 1.10 Page 387 of 751 City of Niagara Falls 2016 Municipal Bridge Appraisal - Rehabilitation/Replacement - Structural Structure Name Robinson Street ID Number 5042B Classification 0 Bridge ❑ Culvert [ Structure ❑ Municipal Location 30m East of Clark Street Recommended Rehabilitation TJR - Transverse Expansion Joint Replacement PWP - Patch Waterproof and Pave WSR - Wearing Surface Rehabilitation Engineering Cost Engineering PWP, TJR, WSR $63,000.00 $0.00 Sub Total $63,000.00 Construction Cost Patch, Waterproof, and Pave- PWP $200,000.00 Replace Joints- TJR $120,000.00 Approach Road WSR $100,000.00 $0.00 $0.00 Sub Total $420,000.00 Total $483,000.00 Friday, November 18, 2016 Bridge Management Database: Developed jointly by The Town of Fort Erie and ELLIS Engineering Inc. Version 1.10 Page 388 of 751 City of Niagara Falls 2016 Municipal Bridge Appraisal -Rehabilitation/Replacement - Structural Robinson Street S042B Photograph No. 1: 4677: Roadway looking west Photograph No. 2: 4755: North elevation Friday, November 18, 2016 Br/dge Management Database: Developed jointly by The Town of Fort Erie and ELL/S Engineering Inc. Version 1.10 Page 389 of 751 City of Niagara Falls 2016 Municipal Bridge Appraisal - Rehabilitation/Replacement - Structural Robinson Street S042B Photograph No. 3: 4773: Crack on south side of east abutment. Photograph No. 4: 4730: Piers and bridge soffit looking east. Friday, November 18, 2016 Bridge Management Database: Developed jointly by The Town of Fort Erie and ELLIS Engineering Inc. Version 1.10 Page 390 of 751 Capital Budget Worksheet 2018 Department MUNICIPAL WORKS MW -2018-28 - Attachment #2 Priority (1-3) 0 Project Name Robinson St. Bridge Removal - Engineering Design Included in 10 year 0 Capital Plan (y/n) Project I.D. # NEW Project Description Engineering design associated with the removal of the Robinson Street Bridge over the former CP rail line. For engineering and associated contract administration costs. Projected Start Date: Opening Balance -Jan 01 (surplus)/deficit EXPENDITURES Engineering Fees/Design/Studies Land/Building/Fumiture/ Equipment Construction Roads Storm Sewers Water Sanitary Sewers Sitework/Landscaping Contingency Other Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Capital Holding Reserve Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial/Federal Grants Extemal Contributions Interest Earned Other TOTAL FUNDING SOURCES Closing Balance -Dec 31 (surplus)/deficit YEAR 2018 YEAR 2019 YEAR 2020 YEAR 2021 YEAR 2022 250,000 250,000 250,000 250,000 Page 391 of 751 _fir Niagara) ills REPORT TO: SUBMITTED BY: SUBJECT: PBD -2018-66 November 13, 2018 Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development PBD -2018-66 PLC -2018-005, Request for Removal of Part Lot Control Lot 67, Plan 59M-447 North Side of Tallgrass Avenue, West of Emerald Avenue Chippawa West Phase 2, Stage 4 Plan of Subdivision Applicant: L H (Niagara) Ltd. (Lancaster Homes) RECOMMENDATION That Council approve the request and pass the by-law included in tonight's agenda to designate Lot 67, Registered Plan 59M-447, as exempt from Part Lot Control for a period of two years. EXECUTIVE SUMMARY L H (Niagara) Ltd. (Lancaster Homes) has requested that Council pass a by-law to exempt the subject lands from being subject to Part Lot Control to allow the future transfer of ownership of two dwelling units in a semi-detached dwelling. The request can be supported based on the following: • The use of this Planning Act mechanism is an acceptable alternative to a consent because the lot is located within a registered subdivision; • The proposed parcel sizes comply with zoning; and • The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each parcel to be sold. BACKGROUND L H (Niagara) Ltd. (Lancaster Homes) has submitted a request to have Part Lot Control lifted from Lot 67 in Registered Plan 59M-447 (known as the Chippawa West Phase 2 — Stage 4 Plan of Subdivision). The subject lands are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to facilitate minor boundary adjustments to lots within registered plans of subdivision. In this case, the removal of Part Lot Control is requested for a lot to allow the creation of a total of two parcels for the two dwelling units in the existing semi-detached dwelling (Lot 67). Refer to Schedule 2 for further details. Page 392 of 751 2 ANALYSIS/RATIONALE PBD -2018-66 November 13, 2018 The subject lands are located within the Chippawa West Phase 2 — Stage 4 Plan of Subdivision (59M-447) which was registered on December 20, 2017. The subdivision contains a mix of lots for single detached dwellings and semi-detached dwellings. The subject lands are zoned Residential Mixed (R3-760) by Zoning By-law No. 79-200, as amended by By-law No. 2006-205. The proposed parcels comply with the zoning regulations. Part Lot Control provisions under the Planning Act prevent lands that are within a registered Plan of Subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt lots from Part Lot Control to allow lot lines to be reconfigured or part of a lot to be conveyed without a consent application. Approval of a Part Lot Control by-law is requested so that each unit in the semi-detached dwelling can be sold with its own parcel of land. Part Lot Control has been requested to be lifted for two years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period should be sufficient time to allow units to be absorbed by the market. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As Development Charges have already been collected, there are no financial implications. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS > Schedule 1 — Location Map ➢ Schedule 2 — Reference Plan — Lot 67 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2018\PBD-2018-66, PLC -2018-005, Req Removal of Part Lot Control Chippawa West Phase 2 Stage 4.docx Page 393 of 751 3 SCHEDULE 1 Location Map Lot 67, Registered Plan 59M-447 PBD -2018-66 November 13, 2018 ECLIPSE W' TAIiGRASS AV aim -I'LL -WORTH DR 1 T :1176 m rn Page 394 of 751 4 PBD -2018-66 November 13, 2018 SCHEDULE 2 1 R€OIIIRE THIS 11[1211 To OF CEITOSITEE 119091 191 LNC 111115 991. PLAN OF SURVEY OF LOT 67 PLAN 59M-447 CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA OCAI_E 1:31111 lsrn 2499 1010 x1lneLr. RADr-PEHTER it EDWARD 5t3F1VET1IC LTO„ CIL.&. METRIC 1450/1105 Nil 90U10414105 1110914 UN 1145 P2A. 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EDWARD SURVE4ING LTD. 6417#[110 LAND :ALF41 01000 9+3 Chrdeo Rood, Suite 7 Woodbridge, OR Lorin Ly, BA3 19!.(119)1135-5000 Fax (.I19)1335-$001 14.(965)294-6891 Few (905)264-2099 %%Mlle: WOWS -00.8C 110.417E N.R. CH et.i Ell G. V./LS. .130 Ha 1B-075 CAO FILE No. 4F -475R07 Plug L3, 2919 • 11117145 Page 395 of 751 _fir Niagara) ills REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2018-68 November 13, 2018 SUBJECT: PBD -2018-68 Matters Arising from Municipal Heritage Committee 2018 Designated Property Grant Repointing of small stone building 2358 Portage Road RECOMMENDATION That Council approve the alteration and Designated Property Grant for the repointing of the mortar on the small stone building at the Halfway, as it will assist the further preservation of the building. EXECUTIVE SUMMARY The Municipal Heritage Committee received a request for a Designated Property Grant to assist with the cost of repointing the mortar on the small stone building at the corner of Stanley Avenue and Portage Road known as the `halfway'. The Committee reviewed the proposal and was supportive of the request for the grant and made the following motion: "That the Committee approve the proposed project as it will assist in the preservation of the building and will further restore the building to its original appearance. The repointing will not alter the reasons for designation. Based on the estimate received from the contractor of $2,410.00 and maximum 50% funding formula, the eligible grant amount would be $1,205.00. BACKGROUND The small stone building located on the property at 2358 Portage Road (southwest corner of Stanley Ave and Portage Road) was designated under the Ontario Heritage Act in September 2018. Its designation was sought by the owners and the Municipal Heritage Committee were supportive of the designation as the building was thought to have been a small dairy building used in the production of butter. The building was set apart from the main house to prevent odours from the house infiltrating the butter as it was being made. The interior of the building is white plaster coated walls with a concrete floor. The dairy is one of several possible uses that may have occurred in the building. 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. The stone used in the building would likely have come from the Queenston Quarry just a short distance north on Stanley Avenue. The restoration of the mortar will ensure the continued preservation of the building. Page 396 of 751 2 PBD -2018-68 November 13, 2018 The property is known locally as 'the halfway' for it was a halfway point used during the operation of a horse drawn railway. The railway ran from Queenston Dock area to Chippawa. The intersection of Stanley Avenue and Portage Road was a halfway point where the horses used to draw the cars up the escarpment from Queenston would be changed for a fresh team of horses to continue the journey to Chippawa. A small settlement grew around the intersection, including a tavern called The Halfway House, a bakery, a general store and a blacksmith's shop. ANALYSIS/RATIONALE Two quotations were submitted with the application as follows: Nature's Own Landscape & Design for $3,955 (tax incl.) and Jon Jouppien, for $2,410.00. The grant guidelines would cap the amount of eligible costs at 50% of the total cost of the project. The owner's preference is to use Mr. Jouppien, so grant would be for $1,205.00. FINANCIAL IMPLICATIONS The 2018 Budget allocates $10,000 to the Municipal Heritage Committee Designated Property Grant Program. The project at the Halfway will represent $$1,205.00 of the funds allocated in the current budget year. As of the date of this report, two other applications have been received for the current year which brings the total budget expended to $9,455 CITY'S STRATEGIC COMMITMENT To further the preservation of the City's Heritage. LIST OF ATTACHMENTS ➢ Appendix 1 — Photo of small stone dairy barn Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted• Ken Todd, Chief Administrative Officer P.Boyle:J.Barnsley:pb Attach. S:\PDR\2018\PBD-2018-68, Matters Arising from MHC, 2358 Portage Rd., Repointing of Small stone building.docx Page 397 of 751 Page 398 of 751 Niagara) alis REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development PBD -2018-69 November 13, 2018 SUBJECT: PBD -2018-69 Information Report related to B-2018-005 & DB -2018-003 Applicant: Habitat for Humanity Proposal: Future Residential Development RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY Mr. Frank De Luca appeared before a Special Meeting of Council held on September 17, 2018 to express concerns that staff had been negligent in their duty in processing Habitat for Humanity's request for a deeming by-law under the Planning Act for Lot 135, of Plan 226. Prior to the meeting, Mr. De Luca had complained via email to Council Members and staff that the residents of the area were not notified of the deeming by-law that was presented to Council on August 14th. He also stated that the residents consequently were not notified of its passing. He asked that the area residents be given an opportunity to present their position on the matter and that the deeming by-law be either reconsidered or repealed at the September 17th Council meeting. Since the item was not listed on the agenda for the meeting and the Standing Rules of Council (By-law No. 89-155) could not be met. Council directed staff to prepare a report on the matter for this meeting. The passing of the deeming by-law was done in accordance with an Order of the LPAT and Committee of Adjustment decision. The deeming by-law merges one lot with other lands to form a single parcel. Any future rezoning application would be subject to public notice under the Planning Act. BACKGROUND The following provides the background leading up to the passage of the deeming by-law for Lot 135 of Plan 226. In March of this year the Committee of Adjustment approved a consent application (B-2018-005) to sever 983 square metres of land (Part 2) from the rear of the property known as 6660 Hawkins Street. Part 2 was to be added to a land -locked parcel to the west (Part 3) and Lot 135 (Part 4) so that the land would be one parcel. Schedule 1 show the location of the lands and Schedule 2 identifies the individual parts. Notice regarding the consent application was given to all the land owners within 60 metres of the subject lands in accordance with the Planning Act. Mr. DeLuca's father received notice of the proposed severance. Page 399 of 751 2 PBD -2018-69 November 13, 2018 Mr. De Luca represented his father who owns 6680 Hawkins Street. At the Committee of Adjustment meeting for the consent application Mr. De Luca expressed a concern that the place of worship on a neighbouring property located at 7154 Adams Avenue did not have a sufficient number of parking spaces. His concern appeared to be related to the past use of Lot 135 for parking associated with the place of worship. At the hearing, the Committee was satisfied that the place of worship did have sufficient parking to meet the City's zoning requirements. Mr. De Luca stated that he requested the Committee to ensure that he was notified of any subsequent meetings related to the lands, but the minutes of the meeting do not document this nor did the conditions of approval imposed by the Committee. It was noted at the meeting that further notice would be required and given for any future zoning amendment application. The father's property is located immediately east of Lot 135 (Part 4) and a notice of a future zoning amendment would be sent there. In approving the consent application, the Committee imposed a number of conditions including the merging in title of Parts 2, 3 and 4 and Council passing a by-law to deem Lot 135 on Plan 226 not to be within a registered plan of subdivision. The second condition was necessary for the merging. The consent application was appealed to the Local Planning Appeal Tribunal (LPAT) by Mr. Santo Paola. This individual was represented by Mr. De Luca at the LPAT hearing. The Tribunal found that the consent application met all the criteria of the Planning Act, represented good planning and was in the public interest. The Tribunal dismissed Mr. Santo Paola's appeal, upheld the decision of the City's Committee of Adjustment and gave provisional consent subject to the same conditions of approval imposed by the Committee. Mr. DeLuca was aware of the Tribunal's decision. Deeming lots not to be in a plan of subdivision is a fairly common practice to merge lots. Doing so is subject to subsection 50(4) of the Planning Act. There is no requirement for public notice for this process nor did the Committee of Adjustment specify further notice be given. On August 14th, Council approved a request from Habitat for Humanity to deem Lot 135, Plan 226 to no longer be within the registered plan of subdivision. The deeming by- law was on the agenda for the same meeting and passed by Council. This is standard practice. Following the City's procedure, the by-law was registered on title by the City's Legal Department on August 24th. The consent application has been finalized and Parts 2, 3 and 4 have now been merged. ANALYSIS/RATIONALE The process of dividing land through a consent application is a public process as prescribed by the Planning Act. Proper public notice was given for the application to sever the rear of 6660 Hawkins Street and to merge this land with the land and lot to the west. The application was approved by the City's Committee Adjustment subject to a number of conditions. Subsequent to an appeal of the decision to the LPAT and the submissions of Mr. De Luca, the decision was upheld subject to the same conditions. One of the conditions of consent was the deeming of Lot 135 not to be a lot in the subdivision so that it could be merged with the adjoining lands. Deeming lots is not subject to public process under the Planning Act nor did the Committee of Adjustment direct staff to notify the public of the process. In this regard, there was no breach of duties. Any future application for rezoning would necessitate notice under the Planning Act. Page 400 of 751 3 PBD -2018-69 November 13, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Any attempt to undo the merger of land that has occurred would open the City to potential legal action and would not represent good planning. Mr. De Luca's concerns appear to rest primarily with the future development of the lands. Any development of land that does not conform with zoning is subject to an application that includes public notice. Until the desired development of the land is known zoning compliance cannot be confirmed. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The consent and deeming applications that have been reviewed and approved are consistent with this priority. LIST OF ATTACHMENTS ➢ Schedule 1 — Location Map ➢ Schedule 2 — Severance Sketch Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted• Ken Todd, Chief Administrative Officer K.Mech:mb Attach. S:\PDR\2018\PBD-2018-69, Information Report related to B-2018-005 and DB-2018-003.docx Page 401 of 751 4 SCHEDULE 1 11111 MINIM HAVIKINS ST MIN ONE MEI PBD -2018-69 November 13, 2018 NAWKINS ST ■ MCLEOD RD —C€pryrrg rt4OI8 =City of Niagar4 F Ts Page 402 of 751 5 PBD -2018-69 November 13, 2018 SCHEDULE 2 SKETCH TO SHOW LOTS 132 AND 135, REGISTERED PLAN 226 AND PART OF LOTS 8, 9, 10 AND 11, REGISTERED PLAN 119 AND PART OF TOWNSHIP LOT 172 CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA SCALE 1 500 4.0 metres KIRKUP MASOOE URE SURVEYING LTD. ONTARIO LAND SURVEYORS HAWKINS (PUBLIC TRAVELLED ROAD — 20.12m wide) S T REE T Edge v V,-E051 OAR AKEY PLAN NOT 10 r ALE Nv.°A 157 o.mu»t, tmm niie Iosco[ uxt wmna�c Rood IANO OWNED BT MPDCANi 54.00 SU.ECT TO EA$535.051 IN FAVOUR OF DE. 15.24 TELEPHONE PART 3 AREA = 3513 2m` PART 2 AREA = 983bm° JANUARY 17. 1017 DATE METRIC DISTANCES SHOWN ON TMD �o a MM 6%%.,CAV 9Y0.3045E COMMITTEE OFHIS ADMS INTENDED ONLLY MEASUREMENTSOR RAV KIRKUP ® MASC®EURE • SURVEYING LTD. n9,0 cn00c)981 srRAT1.FAmes. ossiduo TyyTTE TCTELEPHONE (905) 685.:.1. FAX (9 05) 6414424 E. 1K1.5. ry,Rcm ell. 2017-0179 DWG FILE 17-0170-11)09 Page 403 of 751 _fir Niagara) ills REPORT TO: SUBMITTED BY: SUBJECT: PBD -2018-70 November 13, 2018 Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development PBD -2018-70 SPC -2017-019, Application for Site Plan Approval 6740 Marshall Road Owner: LKQ Canada Auto Parts Inc. RECOMMENDATION It is recommended that City Council approve the Site Plan to allow the construction of a building addition as approved by the Committee of Adjustment. EXECUTIVE SUMMARY LKQ Auto Recycling owns 15.32 ha (37.85 ac) of land on the southeast corner of Marshall Road and Willowdell Road. LKQ operates a motor vehicle recycling facility licenced by Niagara Regional Police Services. The use is considered to be legal non- conforming. On October 17, 2017, the Committee of Adjustment granted approval to expand an existing building in the northwest corner of the site to be used in conjunction with the recycling facility. The Committee's approval was conditional on including neighbouring residents to take part in the site plan approval process. LQK applied for site plan approval in December 2017. Various revisions were made to the drawings. In June 2018, the site plan drawings were circulated to the neighbours as directed by the Committee of Adjustment. City Council became involved in reviewing the application following a letter from one of the neighbours, Margaret Pirosko. As a result Council directed staff to obtain a copy of a survey (which includes adjacent buildings) of the LKQ property. The survey was circulated to Ms. Pirosko August 20, 2018. On September 14, Ms. Pirosko/J. Pirosko wrote to say LKQ has been trespassing on their property and there is an attempt at resolution. The allegation of trespassing does not pertain to the area covered by the proposed site plan. The site plan being processed is the same drawing circulated in June of this year. Neither Ms. Pirosko nor Joseph Pirosko has provided any comments on the site plan. The two other neighbours circulated have indicated they are satisfied or they have no further comment. All agencies have indicated satisfaction with the site plan drawing. BACKGROUND LKQ Auto Recycling purchased two properties from the former Queensway Autowreckers at the southeast corner of Marshall and Willodell Roads (see Location Map - Appendix 1). Part 1 has an area of 14.51 ha (35.85 ac) and Part 2 has an area of 0.81 ha (2.0 ac). Page 404 of 751 2 PBD -2018-70 November 13, 2018 The westerly portion of Part 1 has been used as an auto wrecking yard since the late 1950s, approximately. Both Parts 1 and 2 are zoned Rural in Zoning By-law 395-1966 (Willoughby); the wrecking yard is considered to be a legal non -conforming use having established prior to any land use zoning in the former Township of Willoughby. Under the Planning Act, the legal non -conforming use can expand to the full extent of Part 1. Part 2 was acquired by the prior owner after 1966 (year Willoughby By-law was passed) and the wrecking yard cannot expand onto these lands without a zoning by-law and official plan amendment. The expansion of the wrecking yard to the whole of Part 1 was allowed through an Environmental Compliance Approval (#50620-AGPHV8) from the Ministry of the Environment and Climate Change dated December 23, 2016. The MOECC sets out approvals of swales, drainage systems, stormwater management, outlet ditch and berm for the easterly 10 ha (24.7 ac) of Part 1. The drawings and stormwater management report was reviewed by the Niagara Peninsula Conservation Authority which offered no objections subject to obtaining an NPCA Work Permit. Much of the works outlined in the above approvals has occurred. On October 17, 2017, the Committee of Adjustment granted approval of an application to extend and enlarge a building associated with the legal non -conforming wrecking yard. The approval was conditional upon, among other things, "the applicant (is) required to undergo the Site Plan Approval process, for the site plan control limited to the area of the building expansion, and that the following neighbouring residents be invited to take part in the site plan approval process: Margaret Pirosko, Joe Pirosko, John & Carol Costa, and Elaine and Dave Hilton.". Site Plan Review LKQ submitted an application for Site Plan approval on December 20, 2017. The application was circulated to various municipal departments for review and was circulated to the neighbours as noted above. The following represents the comments of the involved departments: Fire Services • Concerns have been addressed. Building Services • Concerns have been addressed. Transportation Services • No transportation comments/concerns. Page 405 of 751 3 Municipal Works PBD -2018-70 November 13, 2018 • Parks & Landscape Section have no issues. • Engineering Services has accepted the submitted drawings on June 5, 2018. Neighbours • Elaine and Dave Hilton have entered into an agreement with LKQ. Fencing has been installed and trees have been planted in accordance with the proposed site plan and are satisfied. • John & Carol Costa's concerns were about the condition of Marshall Road which is outside of the Site Plan matters. No additional comments were received by September 30, 2018. Margaret Pirosko has not provided any comments on the Site Plan. ANALYSIS/RATIONALE In response to the circulation of the Site Plan (attached as Appendix 2) by the Planning Department, Margaret Pirosko attended the office. She indicated the Planning Department should have obtained a survey for the property showing among other things the approximate location of buildings on adjacent lands as required by the Site Plan Manual. On June 19, 2018, City Council directed staff to obtain the survey for the LKQ property. Since Council has expressed its interest in the application, Staff is reporting back to City Council on the matter so that a decision can be rendered. LKQ provided a survey of the full property dated August 14, 2018 (attached as Appendix 3). The survey was made available to Ms. Pirosko. Ms. Pirosko submitted a letter (attached as Appendix 4) wherein she states that 1) a Site Alteration Plan has not been submitted for the entire property and 2) LKQ trespassed on their property and cut trees for which she is seeking resolution with LQK. She states "...until such a time as an agreement is reached, we are unable to provide a final response, or comment." In the meantime, the solicitor for LKQ is seeking approval of the site plan. Ms. Pirosko has been advised by the City's solicitor that a Site Alteration Plan is not necessary for this property because the affected portion is covered by an Environmental Compliance Approval issued by the MOECC. If a Site Alteration Plan were to be obtained by the City, it would be subordinate to the upper level of government and therefore, the Plan approved by MOECC would prevail. Having two plans to cover the same purpose would be redundant and superfluous. Staff is satisfied that the Plan approved by the MOECC provides for a system of swales and culverts to transport overland flows to a retention pond before being released to the creek downstream of the Pirosko farm. MOECC has enforcement officers who could investigate any violation if one were to occur. The Niagara Peninsula Conservation Authority requires a permit for any discharge connection to the creek. Page 406 of 751 4 PBD -2018-70 November 13, 2018 The allegation by Ms. Pirosko and Joseph Pirosko that LKQ destroyed trees along their shared property line or otherwise affected their property is a private matter between neighbouring land owners. The shared property line is well removed from the area where the Committee of Adjustment required a Site Plan as part of its decision to allow the expansion of a legal non -conforming building. In fact, the area of the site plan abuts the Hilton Property but does not abut the Pirosko farm property. Having been provided with the plan nearly five months ago and subsequently with the survey more than two months ago, Ms. Pirosko has not provided comments on the Site Plan. The correspondence by the Piroskos pertains instead to the allegation of trespassing, which is not related to the area subject to the Site Plan application. LKQ have submitted a Site Plan for the area of the building expansion as required by the Committee of Adjustment approval. The Site Plan illustrates surface drainage, a pond for fire purposes, a new septic tile area, access driveway and on-site circulation, bumper blocks to prevent the use of additional lands owned by LKQ and a wood privacy fence along the common lot line(s) with the property of Mr. & Mrs. Hilton. All affected municipal departments have been satisfied that the plan serves the City's interests. The site plan is in a position to be approved. LIST OF ATTACHMENTS ➢ Appendix 1 — Location Map ➢ Appendix 2 — Site Plan ➢ Appendix 3 — Survey ➢ Appendix 4 — Margaret & Joseph Pirosko Correspondence Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted• Ken Todd, Chief Administrative Officer A.Herlovitch:gd S:\PDR\2018\PBD-2018-70, SPC -2017-019, LKQ Canada Auto Parts, 6740 Marshall Road.docx Page 407 of 751 5 PBD -2018-70 November 13, 2018 Location Map -Appendix 1 I .iagaraf Yrlfs IIIIIIIIIIIlllllllllllh scbider lid 1 - LKQ Subject Lands 2 - LKQ Additional Lands 3 - Hllton Lands 4 - Pirosk° Lands 5 - COsta Lands Page 408 of 751 6 Site Plan - Appendix 2 I1 PBD -2018-70 November 13, 2018 ME! Page 409 of 751 7 ,a3a-onr: PBD -2018-70 November 13, 2018 Survey - Appendix 3 Page 410 of 751 8 APPENDIX 4 September 14, 2018 Dear Mr. DeBenedetti, Re: Site Plan Control SPC -2017-019 LKQ Auto Parts -6740 Marshall Road File PBD -2018-70 November 13, 2018 Ping y RECEIVED SEP z 5 2i718 PLANNING & DEVELOPMENT I am writing to reply to your letter of September 7, 2018. Please accept this letter as our formal response to the Site Plan Agreement that required our review of the drawings for LKQ. It was pointed out in your letter that J had met with the Director of Planning, Building and Development and that we had exchanged phone calls and emails to discuss the site plan drawings that were provided to us for review. The reason for my phone calls, emails and visit to city hall, was not to discuss the drawings, but rather to ask the city to provide an entire package for the site alteration, as required in the Site Alteration Policy for the City of Niagara Falls. The package that you provided did not have the required survey showing the entire property. Mr. Herlovitch informed me that he would not ask LKQ to provide the survey. Ultimately, I had to make an appeal to council for force Mr. Herlovitch to comply with city guidelines. The final package with all pieces was forwarded to us on August 20, 2018. I did reply to you by email on August 23, 2018. The final piece of the required package confirmed that LKQ has been trespassing on our property. They destroyed our mature tree line, built their berm and swale on our property and caused damage to our Farm operation for the fourth consecutive year. This has been confirmed by LKQ and the Ministry of the Environment. If the City and Sr. Management had followed the instruction of council in 2015 and enforced the Site Alteration Policy for the initial construction on the 35 acres of farmland at the rear of the property, LKQ would not be experiencing this delay. LKQ would have had to provide the land survey back in 2015 and all of these issues would have been avoided. We were provided contact information for LKQ and for the first time in four years, met with Tim Muise, a representative of LKQ. Presently, there is an ongoing attempt at a resolution between LKQ and Pirosko Farms, and until such time as an agreement is reached, we are unable to provide a final response, or comment. Sincerely Margaret Pirosko Joseph Pirosko Page 411 of 751 Teresa Fabbro From: Bill Matson Sent: Monday, November 12, 2018 4:14 PM To: Teresa Fabbro Subject: FW: Planning Report PBD -2018-70 LKQ Site Plan Application Teresa, Can you please add this email correspondence on the agenda. Bill From: Rocky Vacca [mailto:rvacca@sullivan-mahoney.com] Sent: Monday, November 12, 2018 3:56 PM To: Alex Herlovitch Cc: Bill Matson; Tim J. Muise Subject: RE: Planning Report PBD -2018-70 LKQ Site Plan Application Alex & Bill, It looks like we may run out of time to confirm the settlement of the issues as between the parties prior to the Council meeting. Accordingly, as a precaution, I would request the opportunity for this writer and my client to address City Council on this matter. Thanks in advance. Regards, Rocco "Rocky" Vacca Partner SULLIVAN MAHONEY LLP 4781 Portage Road Niagara Falls, Ontario L2E 6B1 Direct Dial: (905) 357-5863 Facsimile: (905) 357-0501 SULLIVAN MAHONEY- 4 hWV`ns This communication is intended only for the named recipient(s) and is private, confidential and privileged. Any unauthorized use or disclosure of this communication is prohibited. If you receive this communication in error, please notify the sender immediately by return mail, by telephone at (905) 688-6655 or by contacting lawyers@sullivan-mahoney.com and immediately deleting the communication from any computer. Thank you. From: Alex Herlovitch <aherlovitch@niagarafalls.ca> Sent: Thursday, November 08, 2018 11:39 AM To: Rocky Vacca <rvacca@sullivan-mahoney.com> Cc: Bill Matson <billmatson@niagarafalls.ca>; Tim J. Muise <tjmuise@LKQCORP.com> Subject: RE: Planning Report PBD -2018-70 LKQ Site Plan Application 1 Page 412 of 751 Hello Rocky The Planning report supports the site plan. If you can make the balance of what is proposed between the parties work, I am good with that. Alex Alex Herlovitch, MCIP, RPP Director of Planning, Building & Development City of Niagara Falls From: Rocky Vacca [mailto:rvacca@sullivan-mahoney.com] Sent: Thursday, November 8, 2018 11:10 AM To: Alex Herlovitch Cc: Bill Matson; Tim J. Muise Subject: RE: Planning Report PBD -2018-70 LKQ Site Plan Application Alex, Thank you for sending the report. I am advised that a settlement between the parties may be in place before the Council meeting. Accordingly, if it is in place, then, as a condition of the settlement, I will be directing the Pirosko family to confirm to the City that it does not oppose the site plan approval and would propose that no attendance would be necessary at the meeting by my client. Please advise if this is satisfactory and that you can request that Council move the recommendation without any attendance being necessary. Regards, Rocco "Rocky" Vacca Partner SULLIVAN MAHONEY LLP 4781 Portage Road Niagara Falls, Ontario L2E 6B1 Direct Dial: (905) 357-5863 Facsimile: (905) 357-0501 SULLIVAN MAHONEY stW VCRS This communication is intended only for the named recipient(s) and is private, confidential and privileged. Any unauthorized use or disclosure of this communication is prohibited. If you receive this communication in error, please notify the sender immediately by return mail, by telephone at (905) 688-6655 or by contacting lawyers@sullivan-mahoney.com and immediately deleting the communication from any computer. Thank you. From: Alex Herlovitch <aherlovitch@niagarafalls.ca> Sent: Thursday, November 08, 2018 10:27 AM To: Rocky Vacca <rvacca@sullivan-mahoney.com> Cc: Bill Matson <billmatson@niagarafalls.ca> Subject: Planning Report PBD -2018-70 LKQ Site Plan Application Hello Rocky 2 Page 413 of 751 Further to my previous email, please find attached, a copy of Planning Report PBD - 2018 -70 regarding the LKQ Site Plan application which will be considered by City Council on November 13. The report is listed as item 8.14 on the attached Council Agenda. It does not appear that you made a request to the City Clerk to speak to the matter. If you have any questions, please contact me. Alex Alex Herlovitch 1 Director of Planning, Building & Development 1 City of Niagara Falls 4310 Queen Street 1 Niagara Falls, ON L2E 6X5 1 (905) 356-7521 ext 4231 1 Fax 905-356-2354 1 aherlovitchaniagarafalls.ca NiagaraMls www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you Niagaraaalls www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you 3 Page 414 of 751 Niagara) ills REPORT TO: Mayor James M. Diodati And Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2018-16 2019 Niagara Falls Canada Day Celebration R&C-2018-16 November 13, 2018 RECOMMENDATION For the consideration of Council. EXECUTIVE SUMMARY The goal of the City of Niagara Falls is to facilitate a community wide event that promotes maximum community involvement, instills civic and national pride on Canada Day for the citizens and visitors of Niagara Falls. The City hosts the exciting celebration for the residents and visitors of our City. Community celebrations help to promote social connectedness and social cohesion. For the last six years, Canada Day has been located along Queen Street. To attract new participants, rejuvenate the event and to embrace all neighbourhoods of the City, Staff is considering a new location for the event. Options are: (1) Continue hosting the 2019 Canada Day event on Queen Street or (2) Stamford Centre Volunteer Firemen's Association (S.C.V.F.A.) Park or (3) Keep the parade downtown Victoria/Queen Street and host the event at Firemen's Park. BACKGROUND The City of Niagara Falls, Recreation & Culture Department is committed to provide optimum leisure services which enhance the quality of life, health and well-being of our people, our communities, our environment and our economy. Recreation & Culture staff works with the Canada Day Planning Team to create the Niagara Falls Canada Day Celebration. The City's Canada Day Celebration is an opportunity to celebrate life in Niagara Falls and provide an inclusive, fun and free event for the residents and visitors of our City in order to celebrate civic and national pride on Canada Day. In 1982, the City's Civic Committee provided an official activity program for the community. The activity program promoted events running throughout the City from June through early July. In 1983, the Liberal Association together with the City of Niagara Falls held the first Canada Day celebration at Optimist Youth Park. This tradition continued for 30 years. Due to the sale of the Optimist property, a new location was sought for the 2013 Canada Day Celebration. Surveys and a public forum were Page 415 of 751 2 R&C-2018-16 November 13, 2018 held, and staff input was received. The Downtown location was selected for the 2013 Niagara Falls Canada Day Celebration. In 2017 staff conducted a quick online survey to gather community input on the location for Canada Day. Staff received 698 completed surveys, with 372 responses to continue hosting the event on Queen Street, 249 responses to host at Firemen's park and 84 other responses. Based on the results of the limited response staff decided to keep the event in the downtown area with future consideration to host the event at Firemen's Park. Throughout the year, interest has grown to host Canada Day at Firemen's Park as several large events and festivals were held this summer and fall at Firemen's Park. ANALYSIS/RATIONALE The Niagara Falls Canada Day Celebration has been held in Downtown Niagara Falls for the past six years. The Downtown BIA's preference is to keep the Canada Day event in the downtown — Queen Street area, Attachment #1. If the event moved to Firemen's Park the downtown area would continue to host the annual Santa Claus Parade. Recreation & Culture staff met with the executive and members of the Stamford Centre Volunteer Firemen's Association and they are in favour of co -hosting the 2019 Niagara Falls Canada Day Celebration. The S.C.V.F.A. membership would like the opportunity to partner with the City to showcase their beautiful park. Both locations can host a successful Canada Day event as each have their advantages as an event location. Criteria Downtown- Queen Street Firemen's Park Parking Free parking in lots and on secondary streets Limited parking, require shuttles Ambiance Street event, limited green space Large park, lots of greenspace, significant shade Partnerships Downtown BIA S.C.V.F.A., fundraising opportunities Entertainment Layout Parade, food trucks, vendors. Two stages — Centennial Square and Rosberg Park. No parade, food trucks and vendors. Dog park events, amphitheatre, and indoor facility. S.C.V.F.A. willing to host carnival during Canada Day weekend Neighbourhood impact Queen Street is closed. Set up in front of businesses, some impact on businesses. Transit routes are re-routed. Event within park, no road closures. Limited impact on the neighbourhood. Page 416 of 751 3 R&C-2018-16 November 13, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Staff will work with the 2019 budget to create the Niagara Falls Canada Day Celebration. The total cost to the City is $26,000, and more than $30,000 is fundraised toward the event. The cost will be included in the Recreation & Culture budget. CITY'S STRATEGIC COMMITMENT As per the City's strategic commitment, the City is committed to enhancing the quality of life of, and service to, its customers. Staff will continue to plan and host a free, fun, safe and inclusive Canada Day Celebration for our residents and visitors, in order to celebrate our civic and national pride. Additionally, Staff will continue to evaluate and implement cost effective strategies for this event. ATTACHMENT 1. Niagara Falls Downtown Board of Management (NFDBM) Canada Day letter Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted• Ken Todd, Chief Administrative Officer Page 417 of 751 Niagara Falls Downtown EIA 4342 Queen 35et. Suile 102 Niagara Falls, ON L2E 7J7 www.queenstreetniagara.com 905 355 5444 Ext 101 October 29, 2018 The City of Niagara Falls, 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON L2E 6X5 Attention: Lori Albanese Community Development Coordinator RE: CANADA DAY SIGNITURE EVENT IN DOWNTOWN NIAGARA FALLS Dear Lori, Thank you for taking the time to discuss the Canada Day Celebration June 29 - July 1 2019. I shared the information with the Board Members, businesses and Celebrate Our Downtown (COD). The Niagara Falls Downtown Board of Management (NFDBM) recognizes the need community development and we believe the Queen Street District is the best location for the Canada Day Festival. D The most significant impact is that the Canada Day is located in the heart of our community which resonates and links civic pride to City Hall, our local government and Queen Street resources. D The Board continues to build awareness and invest in Queen Street through ongoing community festivals and events that provide pedestrian friendly access, increases community access utilizing prominent bus routes, accessible parking, bike friendly space and a community park. D The sound system on Queen Street is operational and can increase engagement and community spirit at no additional cost. D The NFDBM through COD launched an online radio station September 17, 2018. 4680Q which is operated by Rick Rose and provides a platform to showcase everything Niagara Falls. This investment will increase marketing, leverage more partnerships in Niagara Falls and showcase the assets of the Queen Street Art and Entertainment District. Canada Day festivities will have a greater reach due to this platform D The Festival does provide an economic footprint for local business. D March 16th 2018 the results from a City of Niagara Falls survey regarding the best location for Canada Day celebrations showcased the community's will to have it on Queen Street. The NFDBM is requesting that this letter be submitted at the City Council meeting prior to Council making a decision on the location of the 2019 Canada Day Festival. Sincerely, Ron Charbonneau, Board Chair, Niagara Falls Downtown Board of Management CC File NFDBM Rick Rose 4680Q File COD RC/ks Page 418 of 751 FORT•ERI[ ONTARIO Our Focus: Your Future Community Services Legislative Services August 28, 2018 Sent via email: premierc(r�,ontario.ca The Honourable Doug Ford, Premier of Ontario Room 281, Legislative Building, Queen's Park Premier's Office Toronto,ON M7A 1A1 Honourable and Dear Sir: Re: The Right of Passage The Municipal Council of the Town of Fort Erie at its meeting of August 27, 2018 passed the following resolution. Whereas the people of Ontario are blessed with the Great Lakes and miles of diverse waterfront, and Whereas the waters of the Great Lakes constitute the largest reservoir of fresh water in the world, and Whereas the value of these waters as a life-sustaining resource can best be understood and appreciated by the public if it has access to the waterfront along the shoreline of the Great Lakes, and Whereas MPP's for Niagara Falls -Fort Erie -Niagara -on -the -Lake have presented Private Member's Bills (The Right of Passage Bills) to ensure public walking rights along Ontario's Great Lakes shoreline, and Whereas none of these Private Member's Bills have been passed by the Ontario Legislature, and Whereas now, more than ever, the right of the public to walk along the Great Lakes shoreline should be confirmed by statute; Now therefore be it resolved, That: Council of the Town of Fort Erie calls upon the Premier, Doug Ford, to present and enact government legislation, The Right of Passage Act, to: /2 Page 419 of 751 The Honourable Doug Ford, Premier of Ontario August 28, 2018 Page "2" a) Ensure that the public has the right to walk along all Great Lake shorelines between the water's edge and the high water mark, b) Require removal by property owners of all fences running vertical to the shoreline a distance of no Tess than 10 feet from the water's edge and any other obstructions to the public's right to walk the shore, c) Permit public access to the Great Lakes shoreline only via public lands, such as parks, road allowances or easements, and d) Prohibit the public from any activity on privately owned waterfront, other than a right to walk along the shoreline, and further That: A copy of this resolution be delivered to the Premier, The Honourable Doug Ford, for action and to the MPP's and MP's in Niagara, the Clerk of the Niagara Region and of the area municipalities for information and support. (Carried) We thank you for your attention and action on this very important matter. Yours very truly, Carol Schofield, Manager, Legislative Services/Clerk cschofi eld (Worterie. ca CS:dlk Attach. cc: Rob Nicholson, MP -Niagara Falls, Parliament of Canada Sent via email: rob.nicholson@parf.gc.ca Vance Badawey, MP -Niagara Centre, Sent via email: vance.badawev( oarLoc.ca Chris Bittle, MP -St. Catharines Sent via email.: chris.bittle(7a pard.gc.ca Wayne Gates, MPP -Niagara Falls, Legislative Assembly of Ontario Sent via email: wgates-cotcr�ndp.on.ca Sam Oosterhoff, MPP -Niagara West-Glanbrook, Legislative Assembly of Ontario Sent via email: sam, oosterhoMoc.ola. orq Jennifer Stevens, MPP -St. Catharines Sent via email: JStevens-COifi ndp.on.ca Jeff Burch, MPP -Niagara Centre Sent via email: JBurch-QP(aindp.on.ca Ann -Marie Norio, Regional Clerk, Niagara Region Sent via email: Ann-Marie.NorioCc�niaearareoion.ca Niagara Local Area Municipalities Sent via email Page 420 of 751 St. Catharines October 1, 2018 The Honourable Doug Ford, Premier of Ontario Room 281, Legislative Building, Queen's Park Premier's Office Toronto, ON M7A 1A1 Honourable and Dear Sir: Re: The Right of Passage Our File No. 35.11.2 Sent via email: premier@ontario.ca The following resolution, approved by the Municipal Council of the Town of Fort Erie at its meeting on August 27, 2018, was endorsed by the Council of the City of St. Catharines at its meeting held September 24, 2018: Whereas the people of Ontario are blessed with the Great Lakes and miles of diverse waterfront, and Whereas the waters of the Great Lakes constitute the largest reservoir of fresh water in the world, and Whereas the value of these waters as a life-sustaining resource can best be understood and appreciated by the public if it has access to the waterfront along the shoreline of the Great Lakes, and Whereas MPP's for Niagara Falls -Fort Erie -Niagara -on -the -Lake have presented Private Member's Bills (The Right of Passage Bills) to ensure public walking rights along Ontario's Great Lakes shoreline, and Whereas none of these Private Member's Bills have been passed by the Ontario Legislature, and Whereas now, more than ever, the right of the public to walk along the Great Lakes shoreline should be confirmed by statute; Now therefore be it resolved, That: Council of the Town of Fort Erie calls upon the Premier, Doug Ford, to present and enact government legislation, The Right of Passage Act, to: a) Ensure that the public has the right to walk along all Great Lake shorelines between the water's edge and the high water mark, PO Box 3012, 50 Church St., St. Catharines, ON L2R 7C2 Tel: 905.688.5600 1 TTY: 905.688.4889 1 www.stcathari nes.ca Page 421 of 751 St. Catharines b) Require removal by property owners of all fences running vertical to the shoreline distance of no less than 10 feet from the water's edge and any other obstructions to the public's right to walk the shore, c) Permit public access to the Great Lakes shoreline only via public lands, such as parks, road allowances or easements, and d) Prohibit the public from any activity on privately owned waterfront, other than a right to walk along the shoreline, and further That: A copy of this resolution be delivered to the Premier, The Honourable Doug Ford, for action and to the MPP's and MP's in Niagara, the Clerk of the Niagara Region and of the area municipalities for information and support If you have any questions, please contact the Office of the City Clerk at extension 1524. Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services, Office of the City Clerk :em cc: Chris Bittle, MP -St. Catharines, Sent via email: chris.bittle©parl.gc.ca Vance Badawey, MP -Niagara Centre, Sent via email: vance.badawey@parl.oc.ca Rob Nicholson, MP -Niagara Falls, Parliament of Canada, Sent via email: rob.nicholson@parl.gc.ca Jennifer Stevens, MPP -St. Catharines, Sent via email: JStevens-CO@ndp.on.ca Wayne Gates, MPP -Niagara Falls, Legislative Assembly of Ontario, Sent via email: wgates-co@ndp.on.ca Sam Oosterhoff, MPP -Niagara West-Glanbrook, Legislative Assembly of Ontario, Sent via email: sam.00sterhoff@pc.ola.org Jeff Burch, MPP -Niagara Centre, Sent via email: JBurch-QP@ndp.on.ca Ann -Marie Norio, Regional Clerk, Niagara Region, Sent via email: Ann-Marie.Norio@niagararegion.ca Niagara Local Area Municipalities Sent via email PO Box 3012, 50 Church St., St. Catharines, ON L2R 7C2 Tel: 905.688.5600 1 TTY: 905.688.4889 1 www.stcathari nes.ca Page 422 of 751 SANT'EGIDIO Dear Mayor, 6 6 IIOILLA PENA DL MORTE Comunita d: Sant'E • :alio Commissione Europea The Community of Sant'Egidio has been committed to the abolition of the death penalty for many years now, and every November the 30th promotes the International Day: "Cities for life/ Cities against the death penalty". The initiative is now at his 17th edition and is recognized by several international bodies as an important occasion to value Municipalities' precious and unique role. This is a way to keep attention high on human rights and life defense, and contain the phenomenon of violence, which is widespread in many urban contexts. During this year a further decrease in the use of death penalty in the world has been recorded. In particular in the sub-Saharan area two new countries abolished, namely Guinea Conakry and Burkina Faso; at the same time a significant reduction of condemns and executions was registered. Next December the UN General assembly is called to approve a new Resolution for a Universal Moratorium of the Capital punishment. In the meanwhile we wish to gain a wider consensus, in the belief that the way to abolition of the death penalty requires an increasing commitment by the civil society. We wish to involve once again your Administration in this Day, to persevere in the joint effort to respect life and human dignity, and to raise awareness on the urgent need of abolishing the inhuman practice of death penalty from the juridical and penal context in nations. Please find attached the documentation concerning how to participate in this year campaign and in the initiatives related with the day of November the 30th 2018 together with how to join for Municipalities and mayors who would like to enter our international network against the death penalty. Looking forward to receiving a kind and prompt reply from you, we express our feelings of appreciation. Prof. Marco Impagliazzo President of the Community of Sant'Egidio Contacts and further information: Antonio Salvati www.santegidio.org 3476049529 — fax +39.06.580.01.97 Email abolition@santegidio.org - info@citiesforlife.net Comunita di Sant'Egidio - Piazza di S. Egidio 3/A - 00153 Roma, Italia www.santegidio.org Email abolition@santegidio.org tel +39.06.585661— fax +39.06.5883625 Page 423 of 751 SANT'EGIDIO ATTACHMENT 1 NOALLA .14 PENA ❑L MORTE Comunita d: Sant'E • :alio World Day "Cities for Life" Cities for Life - Cities against death penalty Commissione Europea In 2002, the Community of Sant'Egidio launched the first International Day Cities for Life - Cities against the Death Penalty on 30th November. The date was chosen in memory of the first time the death penalty was abolished, in the Grand Duchy of Tuscany on 30th November 1786. Approximately 80 cities were involved for the first edition in 2002. Now more than 2150 cities have rallied around the initiative - including 80 capitals in five continents, taking part in the event by raising public awareness, promoting educational initiatives and organising events held in symbolic monuments and squares. The International Day Cities for Life - Cities against the Death Penalty, is the largest international mobilization of the abolitionist movement. Its objective is to establish a dialogue within the civil society on the topic and involve local administrators, aiming at abolishing the death penalty and making the rejection of violence the true identity of a city and its citizens. The Colosseum in Rome, when illuminated by a special light, has become the universal place and symbol of the abolitionist efforts. The Colosseum is lit up whenever an important milestone on the road to abolition and lasting moratorium is reached in the world. To invite your city to take part in this network of Cities Against the Death Penalty, please contact the Coordination Office (abolition@santegidio.org).Through this channel a number of materials are made available upon request (like videos, significant international witness statements and invitations), you can also surf on the website www.nodeathpenalty.santegidio.org to be informed on the initiatives in the world. Comunita di Sant'Egidio - Piazza di S. Egidio 3/A - 00153 Roma, Italia www.santegidio.org Email abolition@santegidio.org tel +39.06.585661— fax +39.06.5883625 Page 424 of 751 SANT'EGIDIO *It PENA ❑L MORTE Comunita d: Sant'E • :alio ATTACHMENT 2 How to join the Global Campaign "Cities for Life - Cities against the Death Penalty" Commissione Europea 1. DESIGNATE A PERSON OR AN OFFICE AS THE CONTACT FOR THE COMMUNITY OF SANT'EGIDIO AND THE OTHER ENTITIES MEMBERS OF THE WCADP AND PROMOTE INITIATIVES IN YOUR CITY, THEN SELECT ONE OR MORE OF THE INITIATIVES MENTIONED AT POINTS 3) AND 4) 2. GIVE CONSENT TO ADVERTISE YOUR CITY AS A MEMBER OF THE CITIES FOR LIFE - CITIES AGAINST THE DEATH PENALTY (THROUGH THE MEMBERSHIP OF THE LOCAL GOVERNMENT OR THE MAYOR), WITHOUT ANY BURDEN, IF NOT A MORAL OBLIGATION TO AGREE WITH THE CONTENTS AND INTENTION OF THE CAMPAIGN. 3. DESIGNATE A SPECIAL MONUMENT, IDENTIFIABLE AS THE LIVING LOGO OF THE CAMPAIGN AND DEFINE A SPECIAL WAY TO LIGHT IT UP ON 30TH NOVEMBER AND IN THE PREVIOUS DAYS EVERY YEAR (EVEN PROJECTING ON IT SPECIAL SYMBOLS AND MESSAGES IN FAVOUR OF LIFE AND FOR THE ABOLITION OF THE DEATH PENALTY) 4. EVERY CITY IS INVITED TO PROMOTE PUBLIC CULTURAL EVENTS (CONFERENCES, CONCERTS, VIDEOS, ETC.) IN COLLABORATION WITH THE COMMUNITY OF SANT'EGIDIO AND THE CAMPAIGN PARTNER ASSOCIATIONS. FURTHERMORE • Every city has the authority to declare November 30 as "Day for life/against the death penalty", and can place the phrase "City for Life/City against the Death Penalty" beneath the name of the city or its symbols and on its website and on any statement or stationery or means it may choose (a communication of the decision is to be shared with the Community of Sant'Egidio). • Every city can link the home page of its website (or its Facebook page) by means of a link to the international network which is connected to the online platform www.nodeathpenalty.santegidio.org and register the city in the online list and interactive map. It is also appropriate that every city that joins this campaign should endeavour to advertise its support of the campaign in the local press. For further information please contact our secretariat. Comunita di Sant'Egidio - Piazza di S. Egidio 3/A - 00153 Roma, Italia www.santegidio.org Email abolition@santegidio.org tel +39.06.585661— fax +39.06.5883625 Page 425 of 751 SANT'EGIDIO 1;6„ NOALLA PENA Di MORTE Comunita d: Sant'E • :alio CITIES FOR LIFE/CITIES AGAINST THE DEATH PENALTY MEMBERSHIP FORM FOR LOCAL GOVERNMENTS THE ADMINISTRATION OF THE CITY OF Commissione Europea being fully convinced that every community, through the voice of its representatives, can operate as a subject capable of improving the respect for human life and dignity all over the world; worried for the retention of the inhuman practice of the capitation punishment in many countries of the world; upon the proposal of the Community of Sant'Egidio, founder of the network of municipalities "Cities for Life / Cities against the Death Penalty", united in Europe and in the world by a common desire to accelerate the end of capital punishment in the juridical and crime codes of countries around the world; ahead of the vote on the UN Resolution on a Universal Moratorium of Capital Executions, to be held in December 2018 in the UN General Assembly; DELIBERATES the membership of the City of in the initiative "Cities for life/Cities against the Death Penalty" of the Community of Sant'Egidio and it declares 30th November the Day of "Cities for life/Cities against the Death Penalty" for the City. The Municipal Administration commits itself to make this membership a reason for an increased sense of responsibility, ensuring, in all areas of its competency, that adequate space be given to information and awareness concerning the reasons for rejection of the practice of capital punishment and the progress of the abolitionist campaign in the world. The Municipal Administration will ensure widespread information be given concerning its membership. Comunita di Sant'Egidio - Piazza di S. Egidio 3/A - 00153 Roma, Italia www.santegidio.org Email abolition@santegidio.org tel +39.06.585661 - fax +39.06.5883625 Page 426 of 751 SANT'EGIDIO �� ;NOALLA PENA DI MORTE Comunita d: Sant'E • :alio CITIES FOR LIFE/CITIES AGAINST THE DEATH PENALTY MAYOR MEMBERSHIP FORM Commissione Europea [TITLE] [NAME] [SURNAME] MAYOR OF THE CITY OF [NAME OF THE CITY /N ITS ORIGINAL LANGUAGE] upon the proposal of the Community of Sant'Egidio, founder of the network of municipalities "Cities for Life / Cities against the Death Penalty", united in Europe and in the world by a common desire to accelerate the end of capital punishment in the juridical and crime codes of countries around the world; ahead of the vote on the UN Resolution on a Universal Moratorium on Capital Executions, to be held in December 2018 in the UN General Assembly; ADHERES to the initiative "Cities for life/Cities against the Death Penalty" of the Community of Sant'Egidio and he/she commits him/herself to make this membership a reason for an increased sense of responsibility, ensuring, in all areas of his/her competency, that adequate space be given to information and awareness concerning the reasons for rejection of the practice of capital punishment and the progress of the abolitionist campaign in the world. [SIGNATURE] [DATE] Comunita di Sant'Egidio - Piazza di S. Egidio 3/A - 00153 Roma, Italia www.santegidio.org Email abolition@santegidio.org tel +39.06.585661 — fax +39.06.5883625 Page 427 of 751 ;Pelham NIAGARA Vibrant • Creative -Caring October 19, 2018 The Regional Municipality of Niagara Office of the Regional Clerk 1815 Sir Isaac Brock Parkway PO Box 1042 Thorold, Ontario LOS 1E0 Attention: Ann -Marie Norio, Acting Regional Clerk Dear Ms. Norio: Notice of Motion re: NPCA Board At their regular meeting of October 15th 2018, Council of the Town of Pelham endorsed the following: WHEREAS the Niagara Peninsula Conservation Authority (NPCA) is a Provincially mandated agency operating in the Region of Niagara, Haldimand County and the City of Hamilton, funded largely by the Region of Niagara; and WHEREAS the each of Niagara's 12 Cities, Towns and Townships are collectors and contributors of public funds to the Region of Niagara, and, therefore, a contributor to the NPCA's funding; and WHEREAS the people of all municipalities represented on the NPCA Board deserve openness and accountability relating to how their tax dollars are being spent, how effectively our natural environment is being protected, and how representatives to the NPCA Board are appointed; and WHEREAS currently, 11 of the 12 Niagara members of the NPCA Board are municipal politicians who may not have the necessary conservation and environmental expertise suited to effectively serve on this important Board; and From the Clerk's Department Administrative Vifiv Services 20 Pelham Town Square P.O Box 400 • Fonthill, ON LOS 1E0 p: 905.892.2607 f: 905.892.5055 pelham.ca Page 428 of 751 Pelham NIAGARA Vibrant • Creative , Caring WHEREAS for the City of Hamilton, it has been the practice of their city council to appoint citizen representatives to the NPCA Board, thus highlighting the importance of the ability to provide appropriate knowledge, experience and expertise to the Board and establishing a precedent to support citizen appointment to the NPCA; and WHEREAS the Auditor General, in her September 27, 2018 report to the Ontario Legislative Assembly, recommended that "members of the Niagara Peninsula Conservation Authority (NPCA) Board of Directors should collectively have the skills, experience and training necessary to oversee the NPCA's activities effectively" and that the "NPCA's funding municipalities [should] ensure that their Board appointment processes consider skills and experience requirements"; and WHEREAS the informal, past practice of the Niagara Regional Council has been to offer a single appointment from each of the twelve local municipalities by: first, offering appointment to the Regional Councillor(s) or Mayor of the local municipality; and, second by a process that defaults to the local municipal Councillors; and then, finally, to citizen representation; (please see attached description from NPCA website) and WHEREAS the majority of Council's across the Niagara Peninsula recently supported a formal appointment protocol that allows the local municipalities to seek applications for appointment to the NPCA Board and that a recommendation for appointment then be subsequently provided to the Region by the local municipalities; NOW THEREFORE, BE IT RESOLVED THAT the Council for the Town of Pelham hereby requests the Regional Municipality of Niagara to establish a formal process for appointments to the Niagara Peninsula Conservation Authority Board that would request and permit each of Niagara's local municipalities to publicly advertise and make recommendations for appointment of a qualified and independent citizen with appropriate skills and expertise to represent their respective municipalities, to take effect following the 2018 municipal election, or immediately should a vacancy on the NPCA Board of Directors occur; and THAT a copy of this Resolution be forwarded to Niagara Regional Council and Niagara's Local Area Municipalities for endorsement and support; and From the Clerk's Department 1 Services rative 20 Pelham Town Square P.0 Box 400 • Fonthill, ON L05 IEO p: 905.892.2607 f: 905.892.5055 pelham.ca Page 429 of 751 •Pelham NIAGARA Vibrant • Creative • Caring THAT a copy of this Resolution be forwarded to the Auditor General of Ontario; Minister of Natural Resources and Forestry; the current NPCA Board of Directors; Niagara MPPs; the City of Hamilton; and Haldimand County for information. On behalf of Council, please review our request and we would ask that you circulate to your Council for discussion. We hope Regional Council will support our request and amend the appointment process to the Niagara Peninsula Conservation Authority Board. Yours very truly, (Mrs.) Nary y J. Bo7zato, DipI.M.M., AMCT Town Clerk Ihw cc: Local Area Clerks Local Members of Parliament Bonnie Lysyk, Auditor General of Ontario Hon. Jeff Yurek, Minister of Natural Resources and Forestry Councillor Sandy Annunziata, Chair, NPCA Board Member James Kaspersetz, Vice -Chair, NPCA Board Member Councillor Brian Baty, NPCA Board Member J. Stewart Beattie, NPCA Board Member Mayor Frank Campion, NPCA Board Member Lord Mayor Patrick Dade, NPCA Board Member Dominic DiFruscio, Member, NPCA Board Member Mayor Jim Diodati, Member, NPCA Board Member Mayor April Jeffs, NPCA Board Member Mayor Douglas Joyner, NPCA Board Member Mayor John Maloney, NPCA Board Member Councillor Paul MacPherson, NPCA Board Member Councillor Tony Quirk, NPCA Board Member Councillor Rob Shirton, NPCA Board Member Councillor Bruce Timms, NPCA Board Member Rose Caterini, City Clerk, City of Hamilton Evelyn Eichenbaum, Clerk, Haldimand County From the Clerk's Department 1 Services Administrative 20 Pelham Town Square P.O Box 400 • Fonthill, ON LOS 1E0 p: 905.892.2607 f: 905.892.5055 pelham.ca Page 430 of 751 Teresa Fabbro To: Subject: Bill Matson RE: Special Event Application - Jewish Festival (Oct 9) From: Chabad Niagara [mailto:info©jewishniagara.com] Sent: Friday, September 14, 2018 5:06 PM To: Mathew Bilodeau Cc: Bill Matson Subject: Re: Special Event Application - Jewish Festival (Oct 9) Dear Bill - Further to Mathew's email; In previous years, the city waived the event fees as we are a synagogue - local charity. These events are charitable, celebrating the Jewish heritage and Holiday of Sukkot. Please advis. Zalman On Fri, Sep 14, 2018 at 4:45 PM, Mathew Bilodeau <mbilodeau@niagarafalls.ca> wrote: Good evening, Rabbi Zaltzman, Further to Bart's email, due to the upcoming election City Council does not meet again until November 13th. If you can please send a letter to our City Clerk, Bill Matson requesting waiver of fees be retroactively applied to your event and he will present this at the November meeting. Staff will hold back your invoice until we receive direction from Council. Bill is copied on this email Thanks, -Mathew Mathew Bilodeau, C.E.T. Manager of Transportation Engineering City of Niagara Falls (905) 356-7521 ext. 5204 mbilodeau@niagarafalls.ca 1 Page 431 of 751 From: Bart Skiba Sent: Friday, September 14, 2018 4:36 PM To: 'Chabad Niagara' Cc: Mathew Bilodeau; Philip Rudachuk Subject: RE: Special Event Application - Jewish Festival (Oct 9) Hello, Rabbi Zaltzman. Further to your COI, please have the date of event corrected on the form under the heading "Location and nature of operation or contract to which this Certificate applies" to correspond with the date of the event. Further to your inquiry pertaining to a waiving of fees, please be advised that City staff does not have the authority to waive any associated fees. This request could only be approved by City council. I will be away this coming Monday, returning on September 18 but once I return I will look into the matter further. Sincerely, Bart Skiba Traffic Technologist, Transportation Engineering City of Niagara Falls Transportation Services Department 8208 Heartland Forest Road Niagara Falls, ON, L2H OL7 (905) 356-7521 ext. 5201 Fax: 905-356-5576 bskiba@niagarafalls.ca From: Chabad Niagara [mailto:info@jewishniagara.com] Sent: Friday, September 14, 2018 4:17 PM To: Bart Skiba; Ben Trendle Cc: Mathew Bilodeau; Philip Rudachuk Subject: Re: Special Event Application Jewish Festival (Oct 9) 2 Page 432 of 751 Fire Prevention - Ben, attached are; 1. Application for fireworks. 2. Certificate of Insurance 3. Site plan and type of fireworks submitted by Darryl, the firework auth person. 4. I will drop off a check of $70 soon. 5. see below - we are arranging with transportation at the city to close Allendale Ave between Dixon St and Murrey St, to achieve the 150' free radios. Transportation Engineering - Bart, attached is the Certificate of Insurance for 5M. Last year the city waived the $150 as this is a charitable event, celebrating the Jewish Holiday of Sukkot. Please advise Thank you in advance for all your efforts. Zalman 905.650.3493 On Fri, Sep 14, 2018 at 10:14 AM, Bart Skiba <bskiba@niagarafalls.ca> wrote: Good morning, Rabbi Zaltzman. Thank you for submitting your application. Given the small scope of the closure for your event, it is not too late to meet the deadline for the 26th of September. However, before we can process your application the City requires a certificate of insurance be completed and submitted. It will need to cover your event for a minimum of $5,000,000 general liability and there will be a cost associated with the road closure, estimated to be $150. Please complete and submit to me the attached COI form as soon as you are able. In the meantime, should you have any further comments or inquiries, you may contact me at your convenience. 3 Page 433 of 751 Sincerely, Bart Skiba Traffic Technologist, Transportation Engineering City of Niagara Falls Transportation Services Department 8208 Heartland Forest Road Niagara Falls, ON, L2H OL7 (905) 356-7521 ext. 5201 Fax: 905-356-5576 bskiba@niagarafalls.ca From: Chabad Niagara [mailto:info@jewishniagara.com] Sent: Thursday, September 13, 2018 3:50 PM To: Mathew Bilodeau Subject: Re: Special Event Application - Jewish Festival (Oct 9) Mathew - I know its late, but I am hoping we can still pull this off. The good thing is that Fireworks goes directly through the fire dein" ti lent (and not city council). I met With Ben Trendle today and hopefully tomorrow we will finalize application with insurance etc as needed. The one part I realized we would still need is the street closure. I am attaching the same form as you gave me last year to submit. I know its late and i would appreciate anything you can do to make this happen. Pls advise 4 Page 434 of 751 Zalman my cell 905.650.3493 On Thu, Sep 14, 2017 at 1:52 PM, Mathew Bilodeau <mbilodeau@niagarafalls.ca> wrote: Rabbi Zaltzman, Thank you for discussing your proposal. I do not foresee any issues regarding the request to close a section of Allendale Avenue to facilitate your fireworks display on Monday, October, 9th, for a short duration. Can you please complete the attached special events application form (for use of the road allowance). Secondly, have your insurer complete the attached special events insurance form. Please note that the City will only accept our insurance certificate to be completed. It will need to cover your event for $5 million general liability. Lastly, please note the estimated cost for the requested road closure is approximately $150. As discussed, you may wish to include an additional item in your request letter to Council for a waiver of fees associated with the road closure Please let me know if you have any questions or concerns. Regards, Mathew Bilodeau, C.E.T. Manager of Transportation Engineering City of Niagara Falls (905) 356-7521 ext. 5204 mbilodeau@niagarafalls.ca 5 Page 435 of 751 From: Shneur Zalman [mailto:info@jewishniagara.com] Sent: Thursday, September 14, 2017 1:12 PM To: Mathew Bilodeau Subject: Fwd: Street closure Pls call me 905-650/3493 Sent from my iPhone Begin forwarded message: From: Shneur Zalman <info(a jewishniagara.com> Date: September 14, 2017 at 1:05:32 PM EDT To: jgrubich@niagarafalls.ca Subject: Street closure Hello John - This is rabbi zaltzman from the synagogue. We are hoping to have a fireworks display on Monday oct 9 for the Jewish festival on our property. We need a 100 foot radius as outlined in the attached site plan. The only way we can achieve that is by closing Alandale for approx the 10 minutes of the show. Brian Dickson , chief fire prevention officer has agreed to all other terms. This is the last obstacle. Your timely response will be greatly appreciated. Zalman - cell 905-650-3493 www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you All information in this e-mail, including attachments, is strictly confidential and intended solely for delivery to and authorized use by the addressee(s) identified above. If you are not the intended recipient, please take notice 6 Page 436 of 751 that any distribution or copying of this e-mail is unauthorized. If you have received this e-mail in error, please notify me and delete this e-mail (and any attachments) from your computer. Thank you. All information in this e-mail, including attachments, is strictly confidential and intended solely for delivery to and authorized use by the addressee(s) identified above. If you are not the intended recipient, please take notice that any distribution or copying of this e-mail is unauthorized. If you have received this e-mail in error, please notify me and delete this e-mail (and any attachments) from your computer. Thank you. All information in this e-mail, including attachments, is strictly confidential and intended solely for delivery to and authorized use by the addressee(s) identified above. If you are not the intended recipient, please take notice that any distribution or copying of this e-mail is unauthorized. If you have received this e-mail in error, please notify me and delete this e-mail (and any attachments) from your computer. Thank you. 7 Page 437 of 751 Teresa Fabbro To: Subject: Bill Matson RE: Parade on Spring St. Sept. 30 From: Mathew Bilodeau Sent: Tuesday, August 21, 2018 5:20 PM To: Bill Matson; 'Diane Condon' Subject: RE: Parade on Spring St. Sept. 30 Good evening, Diane, Bill will provide your request for waiver of fees to Council in November. I will not process your invoice until after Staff have received direction from Council. Given the City's support for this event, I do not foresee any issues. Regards, -Mat Mathew Bilodeau, C.E.T. Manager of Transportation Engineering City of Niagara Falls (905) 356-7521 ext. 5204 mbilodeau@niagarafalls.ca From: Bill Matson Sent: Tuesday, August 21, 2018 5:11 PM To: 'Diane Condon' Cc: Mathew Bilodeau Subject: RE: Parade on Spring St. Sept. 30 Diane, As Mr. Bilodeau has pointed out, Staff do not have the ability to waive the associated fees involved with road closures. This request would have to be approved by City Council. Unfortunately, due the forthcoming Municipal Election, City Council does not have a meeting between now and your event to consider the request. Bill Matson Acting City Clerk / Manager of Clerks Services The Corporation of the City of Niagara Falls billmatson@niagarafalls.ca 905-356-7521 ext. 4342 905-658-0411 cell HAVE YOUR SAY Lm *Pa MOM Vot r ,• Look u .ca 1 Page 438 of 751 From: Diane Condon [mailto:jdc5542@gmail.com] Sent: Friday, August 17, 2018 11:13 AM To: Bill Matson Subject: Parade on Spring St. Sept. 30 Dear Mr. Matson Our parade of veterans for our District Convention taking place from Sept. 28 to 30 at Branch 479, 5603 Spring St., has been approved by Matthew Bilodeau. All documents are in place. However, they are asking for $500.00 for the services of city staff. As a veterans organization, we have never had to pay the charges before. Therefore, we are asking that the fee be waived at this time. Thank you for your consideration In this matter. Diane Condon Deputy District Commander District B Ontario Command Royal Canadian Legion 2 Page 439 of 751 BEN RYZEBOL, Director of Public Works PUBLIC WORKS - TELEPHONE: (519) 941-1065 FAX: (519) 941-1802 email: bryzebol@amaranth.ca 4 . TOWNSHIP Of AMARANTH 374028 6T" LINE, AMARANTH, ONTARIO L9W 0M6 September 20, 2018 Ministry of Environment and Climate Change Hon. Chris Ballard, Minister Ferguson Block 11th Flr, 77 Wellesley Street West Toronto, ON M7A 2T5 Dear Minister Ballard, SUSAN M. STONE, C.A.O./Clerk-Treasurer TELEPHONE: (519) 941-1007 FAX: (519) 941-1802 email: suestone@amaranth-eastgary.ca Re: Licensing Process to Take Water for Commercial Water Bottling Facilities At the regular meeting of Council held September 12, 2018, the following resolution was carried: Moved by J. Aultman — Seconded by G. Little Be it Resolved That: WHEREAS the Township of Amaranth understands that there is currently a permitting process to take water for commercial water bottling facilities; AND WHEREAS the municipal permitting process to take water is more stringent and is subject to Source Water Protection Policies; NOW THEREFORE the Township of Amaranth requests that the licensing process to take water for commercial water bottling facilities be the same as the municipal licensing process and be subject to Source Water Protection regulations and all annual inspections and reviews within this process be included; AND FURTHER THAT this resolution be circulated to Provincial Government, Conservation Authorities, Source Protection Committee and all municipalities. Should you require anything further please do not hesitate to contact this office. Yours truly, r : Susan M. Stone CAO -Clerk -Treasurer Township of Amaranth Page 440 of 751 Teresa Fabbro To: Subject: Bill Matson RE: Proclaim Waste Reduction Week in Canada 2018 From: Waste Reduction Week in Canada <info@wrwcanada.com> Sent: Thursday, September 13, 2018 12:16 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Proclaim Waste Reduction Week in Canada 2018 oragalliW = 21r �l bntario WASTE REO CTI41=>IrI IV Proclaim Waste Reduction Week in Canada Oct. 15 - 21, 2018 Countdown to #WasteReductionWeek 2018! C} Waste Reduction Week in Canada is a national year-round program that focuses on the circular economy, resource efficiency, and waste reduction. Our purpose is to promote individual and collective environmental efforts and achievements while encouraging new innovative ideas and solutions. Held annually during the third week of October since 2001, Waste Reduction Week in Canada, through a coalition of environmental non-profit and government organizations from across Canada, also shines the spotlight on conscious consumption and responsible recycling. i Page 441 of 751 This year we once again ask municipalities, businesses, and schools across Canada to celebrate their commitment and accomplishments in sustainability by proclaiming Oct. 15 — 21, 2018 as Waste Reduction Week in Canada. Municipalities are the bedrock of Ontario's waste reduction success by collecting more than 2 million tonnes of packaging, hazardous, and organic material every year. Waste Reduction Week in Canada provides your residents a platform to recognize the benefits of waste reduction, and we hope your municipal council and waste staff will take this opportunity to support a national environmental campaign that builds awareness around issues of sustainable and responsible consumption; encourages choice for more environmentally responsible products/services; and promotes actions that divert more waste from disposal and conserve natural resources. Proclamations In 2017 more than 100 communities across Canada proclaimed Waste Reduction Week in Canada, and with your support we can increase that amount in 2018. To proclaim: • Download the proclamation and include your municipality's logo and seal on the bottom right. You are welcome to use your municipality's own certificate template instead, if desired. • Visit wrwcanada.com/proclamations, complete the form, and upload the completed certificate. You may also email your completed certificate to info@wrwcanada.com. Once submitted your proclamation will be featured on wrwcanada.com within 1-3 business days. In doing so, fellow municipalities, residents, and businesses across Canada will view and appreciate your support and commitment to waste reduction, recycling, and the environment. PROCLAIM NOW! Host an Event Organizing an event during Waste Reduction Week in Canada is an excellent way to showcase your proclamation and engage your community in the 3Rs and circular economy. Popular events include: 2 Page 442 of 751 • Clothing swaps • Repair events • Waste -free lunches in schools and offices • Waste collection drives such as hazardous waste, textiles, or electronics • Documentary screenings & information sessions • Recycling facility tours Don't forget to register your event online so we can help with promotion. REGISTER AN EVENT Promotion Theme days In 2017 we introduced six issue -specific days during Waste Reduction Week in Canada with a focus on circular economy. Each issue was selected for its importance to Canadians and the Canadian economy to leverage and highlight the work we are accomplishing on these issues. The themes also offer focus for participants planning events, social media campaigns, and resources. In 2018 we will continue this format, using the themes to pivot the discussion, promote achievements, and look forward to new advancements being made. Social Media Support Waste Reduction Week in Canada using hashtag #WasteReductionWeek in communications. Share ideas, stories, and pictures of waste reduction initiatives to demonstrate commitment to reducing waste both at home and in the community. Follow @WRWCanada on social media! 00000 3 Page 443 of 751 Promotional materials Promotional materials and assets are available at wrwcanada.com/promotional-resources. More materials such as sample social media posts and a promotional poster will be available throughout September. Visit wrwcanada.com for more campaign details and resources. Thank You Canadians are proud of their natural environment and understand the value of protecting our resources. Campaigns like Waste Reduction Week in Canada play an important role in reminding us to conserve and maintain a lifestyle that helps to preserve them. Your support will help inspire individuals and other communities to mobilize and take action. We appreciate your commitment to the environment and for proclaiming Waste Reduction Week in Canada. Yours sincerely, Jo -Anne St. Godard Executive Director Recycling Council of Ontario 416.657.2797, ext. 3 info@wrwcanada.com About Recycling Council of Ontario Since 1978 RCO has worked closely with municipalities and businesses across Ontario to inform and educate all members of society about the generation of waste, the avoidance of waste, the more efficient use of resources, and the benefits and/or consequences of these activities. We also run programs that support waste reduction goals. Take Back the Light can help municipalities recover and recycle spent lights, whether they are generated through relighting, on-going maintenance, or facility retrofits. The program also works with organizations that recycle lights 4 Page 444 of 751 outside their purchase arrangements, and accepts lights and light fixtures in all quantities. Every light is tracked, and 98 per cent each light collected is diverted from disposal with component parts reused wherever possible. Visit www.TakeBacktheLight.ca to learn more. 3RCertified is a unique program that reviews how organizations manage solid waste reduction and diversion operations. Participating facilities achieve certification levels based on established criteria and third -party evaluation of waste management and reduction practices. Visit www.3RCertified.ca to learn more. �WASTE ,FZccYcl a +�S _ r c--sr-,w l— l -LC ll cif' —777. � � 7 rI I...d - '\ I ...! /\ I a /a CZ:b.vit .0a Waste Reduction Week in Canada 1 info@wrwcanada.com 1 www.wrwcanada.com STAY CONNECTED! f y' ® Recycling Council of Ontario 1 P.O. Box 83, Orangeville, Ontario L9W 2Z5 Canada Unsubscribe jdiodati@niagarafalls.ca Update Profile 1 About our service provider Sent by info@wrwcanada.com in collaboration with Constant Contact*, .'ar Try it free today 5 Page 445 of 751 Teresa Fabbro To: Subject: Bill Matson RE: Noise Exemption for Niagara Falls From: Josh Son [mailto:josh.son@weuil.com] Sent: Thursday, November 01, 2018 10:53 AM To: Bill Matson Cc: Gerald Spencer; Ahluwalia, Sonia; Merriam, Sarah; Dan Toppazzini; Mario Toppazzini Subject: Noise Exemption for Niagara Falls Good Morning Bill, Weinmann Limited is planning to start construction for the MTO Project # 2018-2002 (installing overhead signs over the QEW). We are planning to start the work mid November and will take approximately 10 business days to finish each sites. Some sites will start at a later date, but be complete by August 2019. Our crew is planning to work at nights from 10pm-6am at each of the sites. The sites that we will be working will be: • QEW and Lundys lane • 2 sites at QEW and McLeod Rd. The work requires us to auger the ground 8m, installing deep foundation, and assembling the overhead sign structure. The equipment that will be brought: Excavator, hydro vac truck, compaction equipment. Thank you, Josh Son Project Coordinator Weinman LTD. Office: 905 871-5710 ext. 223 Cell: 289 213-6193 1 Page 446 of 751 Teresa Fabbro To: Subject: Bill Matson RE: How can we help? #972 From: Kristine Elia Sent: Friday, August 31, 2018 12:11 PM To: 'mrobach@phacanada.ca' Cc: Bill Matson; Teresa Fabbro Subject: RE: How can we help? #972 Dear Michael: Thank you for your email to us through the City's website. I am including our Clerk's Department to respond to your request below. 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: Pa GSA You From: Reports [mailto:reports@surveyanyplace.com] Sent: Thursday, August 30, 2018 2:45 PM To: Ken Todd; Kristine Elia Subject: You have received a new response for your survey How can we help? Survey Data Title: How can we help? URL: ptnrrrui Date and Time: 30 August 2018 at 11:45 am Question 1 1 Page 447 of 751 Question: Name First Name: Michael Last Name: Robach Question 2 Question: MessageIf your inquiry pertains to a certain address, please include it in your message so we can help you quicker.Note: If you are experiencing an urgent after-hours water or sewer issue, please contact our Service Centre directly at 905-356-1355. Answer: To whom this may concern, I am writing to request a proclamation from the City of Niagara Falls to declare the month of November 2018 as Pulmonary Hypertension Awareness Month. Pulmonary Hypertension (PH) is a very complex and serious lung disease, which is progressive and potentially fatal. It can strike anyone regardless of age, sex, social, or ethnic background. In Pulmonary Hypertension (which means high blood pressure in the lungs), the arteries of the lungs become narrowed and scarred, which can result in the almost complete closing of the arteries. PH shares a number of its symptoms with other conditions, resulting in many people being misdiagnosed. Without treatment, the average life expectancy of someone with PH is less than three years. Alarmingly, many patients spend two to three years seeking an accurate diagnosis. It is estimated that approximately 5,000 Canadians have been diagnosed with pulmonary hypertension, but as many as 10,000 may be affected by the condition. While there is currently no cure for PH, thanks to available treatments, many patients are living longer, healthier lives. Celebrated annually throughout the month of November, PH Awareness Month is an international event. Our small non-profit organization works to help support those living or affected by this difficult disease in Canada through education, support, research, and better access to life-saving treatments. By raising awareness of pulmonary hypertension throughout November, we hope to achieve two things: bring hope to all of the Canadians who suffer from this merciless and often terminal disease. And also bring attention to the need for earlier diagnosis, so that newly diagnosed patients can have a better chance of survival. I hope you will consider my request to have Niagara Falls officially declare the month of November 2018 as PH Awareness Month. Rare diseases get very little attention and are usually very difficult to diagnose, so even a proclamation and information in media can shed some light and promote discussion among medical professionals and citizens, with the hope of earlier diagnosis for those affected by this life- threatening illness. For more information about PH and this request, please feel free to contact me directly. Kind Regards, Michael Robach Question 3 Question: Would you like to subscribe to our newsletter? Answer: No Question 5 Question: Contact Information Phone number: 6046821036 ext 102 E -Mail Address: mrobach@phacanada.ca 2 Page 448 of 751 Teresa Fabbro From: Carey Campbell Sent: Friday, October 19, 2018 5:31 PM To: 'Roger'; Sarah Conidi; Kristine Elia; Bill Matson; Teresa Fabbro Subject: RE: Latvia 100 Event Dear Roger: Thank you for sending your kind invitation to Mayor Diodati (and also the separate one that I received). I am keying in Sarah in our office in order to respond with the mayor's availability. I am keying in Kristine Elia, Bill Matson and Teresa Fabbro regarding your request for a proclamation. There is one Council Meeting prior to the date of your event, so I trust that this request is possible and could come before Council at the November 13th meeting. Thank you again for your warm outreach and we will do our best to have this proclamation come before Council. Thank you also for your kind words and well -wishes for the mayor. I know he most appreciates them. Best, carey Carey Campbell I Manager 1 Office of the Mayor and CAO 1 City of Niagara Falls 4310 Queen Street 1 Niagara Falls, ON L2E 6X5 1 905.356.7521 X 4206 1 ccampbell@niagarafalls.ca From: Roger <rogercci@aol.com> Sent: Friday, October 19, 2018 1:52 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Latvia 100 Event Dear Mayor, As you know, your office has been truly instrumental in assisting Latvia 100 with its celebration of its Centennial Anniversary in Your fair city. To that end, Carey Campbell shepherded these efforts through with the Illumination Board and we thank you for your good offices. By now, I'm sure you've received an invitation for the event at Prime Steakhouse at the Crown Plaza chosen for its panoramic views of the Falls. We expect around 200-250 guests headlined by various US and Latvian diplomats. Mr. Mayor, this event has grown beyond the Latvian 100 groups expect! Besides the multiple illuminations and the bonus of the Italian Fireworks we expect a nice sized crowd of Latvians mostly from Ontario, Canada and the US, together with a number of dignitaries. I am seeking your guidance, once again, in how to go about seeking some type of proclamation from your office commemorating the event. There will be a couple of opportunities to present but, the most potential media exposure would be the evening of the event on the 17th. Trust me, I realize you receive many requests for your time and 1 certainly don't want to take away from your weekend but; I think this could be a good business opportunity for the city as well. 1 Page 449 of 751 Please let me know when might be good to call or I'd be pleased to come meet with you as well to fill you in. I hope your spirits are up and you're feeling well. Truly, Roger Trevino 716-207-6732 Roger 2 Page 450 of 751 AuRoRA YOLOT, ii good Couc&UJ/ August 10, 2018 The Honorable Doug Ford Premier of Ontario Room 281, Legislative Building, Queen's Park Toronto, ON M7A 1A1 Dear Premier: Re: Town of Aurora Council Resolution of June 12, 2018 Re: Motion (b) Greenbelt Protection Legislative Services Michael de Rond 905-726-4771 clerks@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1 Delivered by email douq.ford@pc.ola.org Please be advised that this matter was considered by Council at its meeting held on June 12, 2018, and in this regard Council adopted the following resolution: Whereas the Town of Oakville has passed a similar resolution; and Whereas the Greenbelt is an integral component of land use planning that complements the Growth Plan to encourage smart planning, the reduction of sprawl, protection of natural and hydrological features and agricultural lands; and Whereas the Greenbelt has protected 1.8 million acres of farmland, local food supplies, the headwaters of our rivers and important forests and wildlife habitat for more than 12 years; and Whereas a permanent Greenbelt is an important part of the planning for sustainable communities; and Whereas there is a tremendous amount of land already planned and available in excess of the development needs of the Greater Toronto Area (GTA) without weakening the protections provided by the Greenbelt; and Whereas efforts to open the Greenbelt to create the opportunity for land speculators to build expansive homes, at immense profits, in remote areas; and Page 451 of 751 Re: Town of Aurora Motion (b) Greenbelt Protection August 10, 2018 Page 2 of 3 Whereas opening the Greenbelt would move the urban boundary thus creating more sprawl and increased traffic; and Whereas the costs of sprawl result in increased taxes, because 25% of the costs of sprawl are downloaded to existing property tax payers; and Whereas programs like the proposed inclusionary zoning regulations will assist municipalities in advancing the supply of affordable housing stock without the need to expand the built boundary; 1. Now Therefore Be It Hereby Resolved That the Town of Aurora stands with its municipal neighbours to undertake continued action to maintain and grow the current Greenbelt, of which the Oak Ridges Moraine is a part; and 2. Be It Further Resolved That the Province be strongly urged to extend Greenbelt protection to include the appropriate white belt lands within the inner ring, lands that are the most immediately vulnerable to development in the province; and 3. Be It Further Resolved That this resolution be distributed to the Premier of Ontario, the Minister of Municipal Affairs, the Minister of the Environment and Climate Change, all Greater Golden Horseshoe (GGH) municipalities, the Association of Municipalities of Ontario, Environmental Defence, Friends of the Greenbelt Foundation, STORM Coalition (Save The Oak Ridges Moraine), Oak Ridges Moraine Foundation, The Regional Municipality of York, and members of Municipal Leaders for the Greenbelt, and leaders of the various Ontario political parties. The above is for your consideration and any attention deemed necessary. Yours sincerely, Michael de Rond Town Clerk The Corporation of the Town of Aurora MdR/Ib Page 452 of 751 Re: Town of Aurora Motion (b) Greenbelt Protection August 10, 2018 Page 3 of 3 Copy: Andrea Horwath, Leader, New Democratic Party of Ontario John Fraser, Interim Leader, Ontario Liberal Party Mike Schreiner, Leader, Green Party of Ontario Hon. Steve Clark, Minister of Municipal Affairs and Housing Hon. Rod Phillips, Minister of the Environment, Conservation and Parks Association of Municipalities of Ontario Environmental Defence Friends of the Greenbelt Foundation Municipal Leaders for the Greenbelt STORM Coalition (Save The Oak Ridges Moraine) Oak Ridges Moraine Foundation Greater Golden Horseshoe (GGH) Municipalities The Regional Municipality of York Page 453 of 751 rNIAGARA PENINSULA CONSERVATION AUTHORETY Office of the Clerk to the Authority/ Executive Coordinator 250 Thorold Road West, 3rd Floor, Welland ON L3C 3W2 Telephone (905) 788-3135 x 250 I Facsimile (905) 788-1121 Imcmanus@npca.ca I www.npca.ca September 25, 2018 SENT ELECTRONICALLY TO: Area Clerks The Niagara Peninsula Conservation Authority (NPCA), at their Full Authority board meeting held on September 19, 2018, passed the following resolution: 1. That Report No. 60-18 respecting the NPCA Policy Document BE RECEIVED; 2. That the NPCA Policy Document attached to Report No. 60-18 BE APPOVED as presented; and 3. That the NPCA Policy Document BE ENACTED commencing November 1st, 2018. 4. That the correspondence, dated September 19, 2018, from the Welland River Floodplain Association BE ATTACHED to the NPCA Policy Document as an Appendix D. 5. That the NPCA Policy Document BE FORWARDED to participating municipalities and area municipalities for information. We have attached a copy of the NPCA Policy Document for your information, as noted in the above resolution, this document will be enacted commencing November 1, 2018. Sincerely, sk_,))(Pr Lisa McManus Clerk to the Authority Page 454 of 751 NIAGARA PENINSULA �_A CONSERVATION POLICIES FOR THE ADMINISTRATION OF ONTARIO REGULATION 155/06 AND THE PLANNING ACT Page 455 of 751 Document Notes This document supersedes any previous version of the NPCA's policies. NPCA POLICY DOCUMENT Page 456 of 751 TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 THE LIVING LANDSCAPE PROCESS 1 1.2 PURPOSE AND OBJECTIVES Cb 1 1.3 HOW TO USE THIS DOCUMENTO� 2 1.3.1 Organization ',') 2 1.3.2 A Note about Language �� 3 1.4 AUTHORITY 3 1.5 THE NPCA AND THE WATERSHEDOJ 3 1.5.1 Role of the NPCA 3 1.5.2 Our Watershed �� 4 Q,� 2.0 PLANNING AND LEGISLATIVErCOXT 8 2.1 INTEGRATED WATERSHED MANAGEM IIYO 8 0 11 2.2 THE CONSERVATION AUTHORIT 2.3 THE PLANNING ACT ppQJ�jc\ 13 2.3.1 The Provincialy Statement 13 2.3.2 ProvinciaOs 15 2.3.3 Regional and Local Plans 16 2.4 ENVIRONMENTAL ASSESSMENT ACTS 18 2.4.1 Ontario Environmental Assessment Act 18 2.4.2 Canadian Environmental Assessment Act 18 2.5 OTHER RELEVANT LEGISLATION 19 3.0 GUIDING PRINCIPLES AND GENERAL POLICIES 22 3.1 ABOUT THE PRINCIPLES 22 NPCA POLICY DOCUMENT Page 457 of 751 ii 3.2 GUIDING PRINCIPLES 22 3.3 GENERAL POLICIES 23 3.3.1 Regulated Areas 23 3.3.2 Detailed Mapping of Regulated Areas 23 3.3.3 Activities Subject to an NPCA Work Permit 23 3.3.4 Activities which do not require a Work Permit 25 3.3.5 Use of Native Plant Species 26 4.0 FLOODING HAZARDS 27 4.1 WHAT ARE FLOODING HAZARDS? 27 4.1.1 River and Stream Flooding Hazards 141 27 4.1.2 Policy Concepts for Flood Hazards .. 28 4.1.3 The One Zone Concept 28 4.1.4 The Two Zone Concept (t 29 4.1.5 Special Policy Area Concept .. 32 sc\ 4.2 POLICIES FOR PLANNING AND REGULATING FLOOD HAZARDS (ON NE POLICIES) 35 4.2.1 Objectives X10 35 35 4.2.2 Permitted Uses within the Flood Hazard 4.2.3 Uses Prohibited within the Flood Hazard 36 s and Structures 36 37 `` 37 4.2.7 Parking Lots, Driveways and Privoads 38 4.2.8 Raw Materials and Equipmentorage 38 4.2.9 Replacement of Existing U etcourse Crossings 38 4.2.10 Fencing 38 4.2.11 Septic Systems (Ri ine Flood Hazard) 39 4.2.12 Floodproofin_g4 werine Flood Hazard) 39 4.2.13 Balanced CilVd Fill 39 4.2.14 Flood PTalppill Areas 41 4.2.4 Replacement and Relocation of Existing Buil 4.2.5 Additions to Existing Buildings 4.2.6 Accessory Structures 4.3 POLICIES FOR PLANNING AND REGULATING FLOOD HAZARDS (TWO -ZONE POLICIES) 42 4.3.1 Objectives 42 4.3.2 Application of a Two -Zone Policy Framework 42 4.3.3 Floodway Development Policies 42 4.3.4 Flood Fringe Development Policies 42 5.0 GREAT LAKES AND NIAGARA RIVER SHORELINE HAZARD 44 5.1 WHAT ARE SHORELINE HAZARDS? 44 5.1.1 Shoreline Hazards 44 NPCA POLICY DOCUMENT Page 458 of 751 5.1.2 Niagara River Policy Framework 45 5.1.3 Great Lakes and Niagara River Shoreline Flooding Hazard 47 5.1.4 Great Lakes and Niagara River Erosion Hazard 49 5.1.5 Great Lakes Dynamic Beach Hazard 51 5.2 POLICIES FOR PLANNING AND REGULATING SHORELINE HAZARDS 5.2.1 Objectives 5.2.2 Development within the Shoreline Hazard Area 5.2.3 Prohibited Uses 5.2.4 Repairs, Maintenance and Interior Alterations to Existing Buildings and Structures 5.2.5 New Habitable Buildings and Additions 5.2.6 Replacement and Relocation of Existing Habitable Buildings 5.2.7 Non -Habitable Major Structures 5.2.8 Decks and Non -Habitable Minor Structures 5.2.9 Swimming Pools 5.2.10 Boardwalks and Other Structures 5.2.11 Septic Systems (Great Lakes Shoreline Hazard) 5.2.12 Ecosystems Approach to Shoreline Protection Works 5.2.13 Shoreline Protection Works 5.2.14 Changes in Use 52 52 53 53 53 53 54 55 56 56 56 57 57 58 �J 59 6.0 VALLEYLAND EROSION HAZARD G�c\ 60 6.1 WHAT ARE VALLEYLAND EROSION HAZARDS?`` .. .C.\ 60 6.1.1 Valleys60 6.1.2 Valleyland Erosion Hazard CQ 61 6.1.3 The Ecological Importance of>ileylands 63 6.1.4 Defining the Valleyland Ers Hazard 64 6.2 POLICIES FOR PLANNING AI rGUULATING VALLEYLAND EROSION HAZARDS 69 6.2.1 Objectives ETj 69 6.2.2 Permitted Uos69 6.2.3 ProhibitAses 70 6.2.4 Existing Development, Additions and Replacement Structures 70 6.2.5 New Development 71 6.2.6 Passive Recreational Uses within Valleyland Erosion Hazard 72 6.2.7 Use of Native Species 72 6.2.8 Overland Drainage 73 6.2.9 Public Ownership of Valleylands 73 6.2.10 Valleyland Policy Direction for Official Plans and Zoning By -Laws 73 7.0 HAZARDOUS SITES 74 7.1 WHAT ARE HAZARDOUS SITES? 74 NPCA POLICY DOCUMENT Page 459 of 751 iv 7.1.1 Hazardous Sites and Hazardous Lands 74 7.1.2 Defining and Assessing Hazardous Site 75 7.1.3 Karst Formations 75 7.1.4 Back -Dune Areas 76 7.2 POLICIES FOR PLANNING AND REGULATING HAZARDOUS SITES 7.2.1 Objectives 7.2.2 Development Regulation on Hazardous Sites 7.2.3 Development within 50 metres of a Hazardous Site 7.2.4 Prohibited Uses 7.2.5 Infrastructure 7.2.6 Water Wells 7.2.7 Policy Considerations for Developing on or Near Karst Areas 8.0 WETLANDS 78 78 78 79 79 79 79 79 NNI 8.1 WHAT ARE WETLANDS? PC 81 81 8.1.1 Defining Wetlands 8.1.2 Classification of Wetlands 8.1.3 Defining the Limits of Wetlands and Area of Interfer 8.1.4 Environmental Impact Study (EIS) 8.1.5 Hydrological Study 8.2 POLICIES FOR PLANNING AND REGULATING DEV 8.2.1 Objectives 8.2.2 Development and Interference w, G> IPMENT AND INTERFERENCE WITH WETLANDS a Wetland 84 85 86 86 86 86 87 8.2.3 Development in Areas of Intetrence 89 8.2.4 Public Infrastructure 92 l� 8.2.5 Wetland Conservation.� 92 8.2.6 Stormwater eS 92 ,00 9.0 WATERCOJ&R3ES 93 9.1 WHAT ARE WATERCOURSES? 93 9.1.1 Watercourses 93 9.1.2 Need for an EIS/Hydrological 94 9.2 POLICIES FOR WATERCOURSE INTERFERENCE 94 9.2.1 Objectives 94 9.2.2 Interference with a Watercourse 94 9.2.3 Watercourse Alterations 94 9.2.4 Watercourse Crossings 96 9.2.5 Watercourse Buffer Composition 97 9.2.6 Infrastructure 98 NPCA POLICY DOCUMENT Page 460 of 751 V 9.2.7 Conservation and Restoration Projects 98 10.0 FILL PLACEMENT 99 10.1 WHAT IS FILL? 99 10.1.1 Fill Placement and Authority to Regulate Fill Placement 99 10.1.2 Exceptions 99 10.2 POLICIES FOR THE PLACEMENT OF FILL 99 10.2.1 Objectives 99 10.2.2 Placement of Fill 100 10.2.3 Large Scale Fill Placement (� 101 10.2.4 Fill Placement within the Niagara Escarpment Plan Area 1\41 102 10.2.5 Fill Placement within the Regulated Flood Hazard VQ 102 11.0 MUNICIPAL DRAINS �p�t 103 11.1 WHAT ARE MUNICIPAL DRAINS? (t 103 11.2 POLICIES FOR MUNICIPAL DRAINS \\O 103 11.2.1 Objectives i 103 11.2.2 Maintenance Policies Approved by MNRF/OF'RA/CA 103 11.2.3 Municipal Drainage Activities not subjecWork Permit from the NPCA 104 11.2.4 Municipal Drainage Activities subject 10a Work Permit from the NPCA 104 11.2.5 New Municipal Drains, Extension Alterations 104 12.0 OTHER POLICIES AND g) S 105 12.1 CLIMATE CHANGE vic\r?). 105 12.1.1 What is Climatiange? 105 12.1.2 Climate ChAV Impacts within the Watershed 105 12.1.3 Consid kebins for Climate Change 106 12.2 LAND USE AND ENVIRONMENTAL PLANNING REVIEW 107 12.2.1 The NPCA's Role in Planning 107 12.2.2 Coordination with Area Municipalities and Agencies 109 12.3 NPCA WORK PERMIT PROCESS 110 12.3.1 The NPCA Work Permit Process 110 12.3.2 Terms and Conditions 113 12.3.3 Fees 113 12.3.4 Enforcement 114 12.3.5 Development Officers 115 NPCA POLICY DOCUMENT Page 461 of 751 vi 12.4 SUPPORTING STUDIES 116 12.4.1 Study Types 116 12.4.2 Need for Studies 116 12.4.3 General Study Requirements 116 12.4.4 Environmental Impact Study (EIS) 117 12.4.5 Geotechnical Study 118 12.4.6 Flood Plain Study and Hydraulic Analysis 118 12.4.7 Coastal Study 118 12.4.8 Stormwater Management Plans and Hydrological Study 119 12.4.9 Erosion and Sediment Control Plans 119 12.4.10 Landscaping and Vegetation Plans 120 12.5 WATERSHED AND SUBWATERSHED PLANS 120 12.5.1 Purpose and Intent of Watershed and Sub -watershed Plans .. 120 12.5.2 Approved Plans / 121 12.6 TECHNICAL GUIDELINES TO SUPPORT DECISION-MAKING 121 12.7 NPCA POLICY DOCUMENT AMENDMENTS AND UPDATES 122 122 12.7.2 Amendments to the Policy Document 122 12.7.3 Housekeeping Amendments 122 12.7.4 Variances .G1 123 12.8 INTERPRETATION 123 12.7.1 Periodic Reviews of the Policy Document 13.0 DEFINITIONS �v 124 Z�a pp APPENDIX A: SECTIO , (3) CONSERVATION AUTHORITIES ACT HEARING GUIDELINES, 0C -614R 2005 APPENDIX B: MNR DELEGATION OF NATURAL HAZARDS TO CONSERVATION AUTHORITIES APPENDIX C: CONSERVATION AUTHORITIES ACT, ONTARIO REGULATION 155/06 NPCA POLICY DOCUMENT Page 462 of 751 ABBREVIATIONS DART Drainage Act and Section 28 Regulations Team EA Environmental Assessment GSC Geodetic Survey of Canada (datum) HEC -RAS Hydrologic Engineering Centers River Analysis System IWM Integrated Watershed Management KR -.)O • MOU Memorandum of UnderstandingtVs PPS Provincial Policy Statement QJc PSW Provincially Significant Wetland e) NPCA Niagara Peninsula Conservation Authority OJ NPSPA Niagara Peninsula Source Protection MNRF Ministry of Natural Resources aj'orestry RAP Remedial Action Plan GOCC\ SARA Species at Risk Act 6,K,� SCR Standard Comp Report NPCA POLICY DOCUMENT VII Page 463 of 751 1 1.0 INTRODUCTION 1.1 THE LIVING LANDSCAPE PROCESS The Niagara Peninsula Conservation Authority (NPCA) fulfills a broad range of functions towards promoting the ultimate goal of conserving the environment and supporting sustainable development practices across the watershed. In September 2015, the NPCA initiated a process to review and update its main policy document, previously titled 'Polici_s, Procedures and Guidelines for the Administration of Ontario Regulation 155/06 and La Document', through a project called the Living Landscape. This docum of the process (see Figure 1.1). Figure 1.1: Living Landscape Process 1. PROJECT LAUNCH 3. POLICY DOCUMENT PREPARATION 'se Planning Policy represents the result 1.2 ECTIVES 1 -'document provides the principles, , J jectives, and policies for the C.> administration of the NPCA's mandate under Ontario Regulation 155/06, as well as its delegated roles and responsibilities within the planning and approvals process. The document is intended as a guide for decision-making for NPCA staff, landowners, developers, municipal planners and residents. The overall objectives of this Policy Document are to: 1. Provide transparency and clarity in decision-making. 2. Implement the provincial planning framework and clearly communicate policy direction for areas under the NPCA's regulated areas under Ontario Regulation 155/06. 3. Promote collaboration amongst the various agencies and governments within the watershed. 4. Provide a set of implementation policies to manage change within the watershed. NPCA POLICY DOCUMENT Page 464 of 751 2 1.3 HOW TO USE THIS DOCUMENT 1.3.1 Organization Chapters 1 and 2 of this document provide an overview of the background, planning and legislative framework of the policies. Chapters 1 and 2 are provided for context purposes and are intended to summarize the general basis and background for the policies. Chapter 3 describes the overall vision for the watershed. Chapter 3 provides a series of high- level statements which correlate to the legislative underpinnings of the policies. Given the complex and integrated nature of watershed planning, Chapter 3 helps tp�frame the policies found in the policies. C15\'U Chapters 4, 5, 6 and 7 provide the detailed policies for natural 4v Eards, including flooding hazards, Great Lakes and Niagara River shoreline hazard, vaa6yland erosion hazards and hazardous sites (e.g. unstable soils). J Chapters 8 and 9 cover development and interference w,etlands and watercourses. Chapters 10, and 11 cover a set of discrete policie fill placement and municipal drains. Chapter 12 addresses climate change an ®number implementation and process related 2policies, including the NPCA's work per rocess. O Chapter 13 provides the key definite. Note the following: 0 • Development: The de on of development as used in this document pertains to the particular legislati 'Qct which is being applied — for example, when issuing a work permit under tJZ0Conservation Authorities Act, staff would use the definition from the CA Act ankv en providing comments to a municipality on a municipal planning matter, staff would refer to the definition of development provided in the Provincial Policy Statement. This document also includes the following technical appendices: • Appendix A: Section 28(3) Conservation Authorities Act Hearing Guidelines. • Appendix B: MNR Delegation of Natural Hazards to Conservation Authorities. • Appendix C: Conservation Authorities Act, Ontario Regulation 155/06. NPCA POLICY DOCUMENT Page 465 of 751 3 1.3.2 A Note about Language The following document uses very specific language and terminology. When reading this document, be advised of the following: • The terms "shall" and "will" are used to describe instances where a policy is to be applied so as to fulfill a specific legislative obligation. The use of these two terms means that there is limited flexibility (unless otherwise stated) as to the policy's application. • The terms "may" and "should" are used to describe instances where a policy is to be applied to fulfill a specific legislative objective. The use of these two terms means that there is a greater degree of flexibility as to the application of the poli 1.4 AUTHORITY t ,9' The policies within this document have been prepared under a tbr ity of several acts, including but not limited to, the Conservation Authorities Act, no Regulation 155/06 and the Planning Act. Modifications to the policies require Bo r3proval. Modifications to Chapters 1 and 2 do not require Board approval, as the contee these sections is provided for context purposes. 1.5 THE NPCA AND THE c›-(\ TERSHED The NPCA was formed in 1959 une e authority of the Conservation Authorities Act, and is responsible for undertaking a\Fariety of responsibilities under the Act. As one of 36 conservation authorities acr iti1e Province, the NPCA's mandate is to establish and undertake programs designed to furie'r the conservation, restoration, development and management of natural resources acr4he watershed. 1.5.1 Role of the NPCA As a corporate body created through provincial legislation as well as a registered charitable organization with several different functions, the NPCA's roles can be broadly categorized as follows: • Regulatory Authority: Section 28 of the Conservation Authorities Act empowers conservation authorities to prohibit, restrict, regulate or give permission for certain activities in and adjacent to watercourses, including valleylands, wetlands, shorelines and other hazardous lands. In this capacity, the NPCA acts as an approval authority for development within its regulated areas. NPCA POLICY DOCUMENT Page 466 of 751 4 • Representative of the Province of Ontario: Conservation Authorities have delegated provincial interest for Section 3.1 of the Provincial Policy Statement (Natural Hazards) and act on behalf of the Province. In this capacity, the NPCA is responsible for providing comments on municipal policies (Official Plans) and zoning by-laws, as well as development applications submitted under the Planning Act. • Resource Management Agency: Sections 20 and 21 of the Conservation Authorities Act empower conservation authorities to develop programs that reflect local resource management needs within the watershed. These programs and/or policies are approved by the conservation authority board. • Public Commenting Body: Under the Planning Act, conservat& authorities are considered a public commenting body and, as such, are to bgfied of municipal policy plan changes and development applications. The NPCA plakfides comments within the context of their board -approved policies (Policy Docum$n'" • Service Provider: Conservation authorities may enter it, agreements with other levels of government to undertake regulatory or approval onsibilities. • Landowner: Conservation authorities are als downers, and can be involved in the planning and development process as eitherjroponent or as a landowner impacted by adjacent development. c>. 1.5.2 Our Watershed .rc A watershed is an area of land th61"6Otches rain and snow and drains or seeps into a marsh, stream, river, lake or groundwa _' Watersheds include farms, cottages, forests, small towns, big cities, forests, rivers, lakes • .'• a host of other physical elements. Some watersheds cross from millions of acreKmunicipal, provincial an Oernational borders. They come in all shapes and sizes and can varyli the land that drains into the Great Lakes, to a few acres that drain into a pond (ad'cgd from Conservation Ontario). Figure 1.2 below provides a simple illustration showing the different elements within a watershed function. The Niagara Peninsula watershed is bounded by Lake Ontario to the north, Lake Erie to the south, the Niagara River to east and Grand River and Hamilton watersheds to the west. The Niagara Peninsula watershed area covers an area of over 2,430 square kilometers and includes lands in the Region of Niagara, as well as portions within the City of Hamilton and the County of Haldimand. Figure 1.3 shows the limits of the Niagara Peninsula watershed. The watershed area is incredibly diverse, and is home to a complex interconnected system of agricultural, environmental, social and economic networks. There are over 460,000 people living in over 30 cities and small towns. The area includes a number of well-known unique features, NPCA POLICY DOCUMENT Page 467 of 751 5 including the Niagara Escarpment, the Wainfleet Bog, Balls Falls, Lake Niapenco and the Willoughby Marsh, as well as a variety of other significant landforms (such as the Fonthill Kame ice contact -delta complex) and plant communities (alvars, prairies, Great Lakes shorelines, bogs and fens, etc.). The Niagara Peninsula watershed features a number of micro -climates, which has improved its biodiversity and also provides a rich environment for farmers. The area boasts one of the Province's most productive agricultural systems, including vineyards, tender fruit orchards, livestock and a variety of specialty crops (greenhouses for flowers, vegetables, sod farms and mushroom farms). From a land use perspective, approximately 64% of the watershed is estimated to be used for agricultural activities; 21% is estimated to be wooded or in a natural state; the remaining 15% is comprised of urban uses (Niagara Source Protection Assessment Report, 2013). NPCA POLICY DOCUMENT Page 468 of 751 Page 469 of 751 Page 470 of 751 8 2.0 PLANNING AND LEGISLATIVE CONTEXT 2.1 INTEGRATED WATERSHED MANAGEMENT The NPCA has adopted an Integrated Watershed Management (IWM) approach to watershed planning. The IWM approach recognizes that water is a valuable resourbk which should be managed in a sustainable manner. Conservation Ontario defines IW,A(a "the process of managing human activities and natural resources on a watershed bqrs, taking into account social, economic, and environmental issues, as well as community iNerests in order to manage water resources sustainably" (Conservation Ontario, 2012). Fo NPCA, this means adopting the IWM lens when it acts as a land owner, resource manaent agency, regulator, delegated provincial responsibility, commenting body and a sere provider. Figure 2.1 provides a snapshot of the IWM approach as adopted by the N14A, and the various roles that the NPCA G holds. •*\`'I The NPCA derives its authority from sever feces of provincial legislation (see Figure 2.2), which are further described in the folio sections. NPCA POLICY DOCUMENT G' Page 471 of 751 Figure 2.1: Integrated Watershed Management and Roles of the NPCA NIAGARA PENINSULA CONSERVATION AUTHORITY The objects of an Authority (under the CA Act, Section 20) are to establish and undertake, in the area over which it has jurisdiction, a program designed to further the conservation, restoration, development and management of natural resources other than gas, oil, coal, and minerals. INTEGRATED WATERSHED MANAGEMENT "The process of managing human activities and natural resources on a watershed basis, taking into account social, economic, and environmental issues, as well as community interests in order to manage water resources sustainably" (Conservation Ontario, 2012). Our Mission To manage watershed natural resources by balancing environmental, community and economic needs. Environment Water Quality 1 Biodiversity Pollution 1 Aquatic Habitat 1 Geol Ba Vision n conservation and su4table development for tyre generations by engaging landowners, stakeholders, and communities through collaboration. NP At Roles Through the IWM Lens .* P1 Land Owner euerr aa Management Agency CA Act, Section 20 Regulator CA Act, Section 28 Regulation 97/04 Regulation 155/06 Provincial Delegated Responsibility Planning Act PPS, Section 3. 1 Service Provider MOUs 9 Property Management Conservation, Restoration, Natural Resource Management, Development, Application of Science & Tools Regulation (NPCA work permit) Environmental Planning Environmental Planning • Management of NPCA- owned properties • Source Water Planning • Watershed Planning • Ground- and Surface Water Quality Program • Flood Protection • Conservation Lands • Stewardship • Environmental Information: GIS/NAI NPCA POLICY DOCUMENT • Flooding • Erosion • Pollution • Dynamic Beach • Conservation of Land • Flooding • Erosion • Hazardous Lands • Great Lakes Shoreline • Climate Change Niagara MOU - Natural Hazards - Natural Heritage & Water Hamilton MOU - Natural Hazards - Water Haldimand MOU - Under Review Page 472 of 751 Page 473 of 751 11 2.2 THE CONSERVATION AUTHORITIES ACT The Conservation Authorities (CA) Act was passed in 1946 in order to provide direction on how to manage issues of erosion and flooding from a watershed perspective. Section 20 of the Act states: The objects of an authority are to establish and undertake, in an area over which it has jurisdiction, a program designed to further conservation, restoration, development and management of natural resources other than gas, oil, coal and minerals. de Conservation Authorities are empowered under the Act (Section 21) 4Ztndertake a variety of initiatives, including the power to "study and investigate the waKsd and to determine a program whereby natural resources of the watershed may be ceserved, restored, developed and managed" (21a). In addition, Section 28-1 of the Act . +t! ides the basis for the NPCA's permitting and development regulation function, statin.'at conservation authorities may (subject to approval from the Minister) create regulat1Qnrithin its jurisdiction: a) Restricting and regulating the use of wr'' 'n or from rivers, streams, inland lakes, ponds, wetlands and natural or artific constructed depressions in rivers or streams. b) Prohibiting, regulating or requiri e permission of the authority for straightening, changing, diverting or interferii,, in any way with the existing channel of a river, creek, stream or watercourse, orf S anging or interfering in any way with a wetland. c) Prohibiting, regulating quiring the permission of the authority for development if in the opinion of the,� hority, the control of flooding, erosion, dynamic beaches or pollution or the c p 'ervation of land may be affected by the development. d) Providing f bt�e appointment of officers to enforce any regulation made under this section ors tion 29. e) Providing for the appointment of persons to act as officers with all of the powers and duties of officers to enforce any regulation made under this section. 1998, c. 18, Sched. 1, s. 12. Item 28-1(c), noted above is of particular importance, as it highlights the five tests for development proposed within an area regulated by a conservation authority. Through Section 28-1(c), conservation authorities have the power to prohibit, regulate or require permission for development, where the following elements may be affected by the development: a) Flooding; NPCA POLICY DOCUMENT Page 474 of 751 12 b) Erosion; c) Dynamic beaches; d) Pollution; and, e) The conservation of land. The definition of development under the Conservation Authorities Act is as follows: a) The construction, reconstruction, erection or placing of a building or structure of any kind. b) Any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of thet\gejlding or structure or increasing the number of dwelling units in the building or stre. c) Site grading. d) The temporary or permanent placing, dumping or remo� J the site or elsewhere. fany material originating on It should be noted that the above definition is appT1ed when the NPCA is acting under the authority of the Conservation Authorities Act an i Planning Act definition is used when the NPCA is acting under the authority of the Piing Act. The PPS definition of development is different than the definition under the CcOervation Authorities Act (see next section on the Planning for further discussion on the ciition of development). N. G The Conservation Authorities Ac. Iso includes several explicit limitations on the power of conservation authorities. The imitations are provided under Section 28.10 and state that no regulation shall be made/ 11ed which: • Limits the usst water for domestic or livestock purposes. • Interferes�ith any rights or powers conferred upon a municipality in respect of the use of water for municipal purposes. • Interferes with any rights or powers of any board or commission that is performing its functions for or on behalf of the Government of Ontario. • Interferes with any rights or powers under the Electricity Act or the Public Utilities Act. Section 28.11 also limits the role of conservation authorities in regards to aggregate resource extraction, stating that "a requirement for permission of an authority in a regulation made under clause 28(1) (b) or (c) does not apply to an activity approved under the Aggregate Resources Act". NPCA POLICY DOCUMENT Page 475 of 751 13 2.3 THE PLANNING ACT The purpose of the Planning Act is to promote sustainable economic development in a healthy natural environment through a policy -led system whose processes are fair, open, cooperative and efficient. The Planning Act provides the basis for land use planning in Ontario, identifying tools for managing how, where and when land use change occurs. The Planning Act is designed to recognize the decision-making authority and accountability of municipal councils in planning. Municipalities are responsible for preparing Official Plans and zoning by-laws and are also responsible for approving new development. Within this system, the Province's principle tool for ensuring that matters of provincial interests are implemented across the Province is the Provincial Policy Statement. Specific responsibilities under the Planning Act have been delriZs q,ated to conservation authorities. In 1995, the Province of Ontario delegated resp risibility for flood plain management, hazardous slopes, Great Lakes shorelines, unstsoils and erosion (Provincial Policy Statement, Section 3.1). This means that the NPCAesponsible for representing the provincial interest on the above -noted matters: • Conservation authorities review policy are processed under the Planning Act Section 3.1 of the PPS. �QJ • Upon request from the Minis of Municipal Affairs and Housing, conservation authorities provide commennt ntr$ the Ministry on planning matters as part of the one - window review process. • Where required, con authorities initiate appeals to the Ontario Municipal +0 do,(.\4ents and development proposals which t>ensure that the proposal is consistent with Board. 0 2.3.1 The F( /incial Policy Statement The Provincial Policy Statement (PPS, 2014) is of particular relevance for conservation authorities, as the Planning Act states that all decisions and advice shall be consistent with PPS and provincial plans. The NPCA also extends this consistency to comments provided under Service Agreements on development applications within its jurisdiction. Any comments provided by the NPCA need to be consistent with the PPS. The PPS includes a variety of policies related to Natural Heritage, Water, and Natural Hazards. The NPCA is responsible for providing comments on planning applications through the vehicle of a Memorandum of Understanding (MOU), and is bound by two different types of MOUs: NPCA POLICY DOCUMENT Page 476 of 751 14 1. MOU between the Ministry of Natural Resources and Forestry, and Conservation Authorities in Ontario CAs (January 2001) regarding delegated Provincial Responsibility. 2. MOUs between the NPCA and the three main upper tier/single tier municipalities within our watershed, namely the City of Hamilton, Haldimand County, and Niagara Region. Each individual MOU is specific to the area and context it applies to. In general, these three MOUs identify the NPCA's role and function for implementing the above -noted sections of the PPS through the development review process. As noted previously, there are some nuances between definitions used under the Conservation Authorities Act and those used in the PPS. The definition of development under the PPS is: "the creation of a new lot, a change in land use, or the construction of u requiring approval under the Planning Act, but does not include: 1. activities that create or maintain infrastructure authorized t<ltr an environmental sc,Q� gs and structures assessment process; 2. works subject to the Drainage Act; or, 3. for the purposes of policy 2.1.4(a), undergroun surface mining of minerals or advanced exploration on mining lands in sigritti5ant areas of mineral potential in Ecoregion 5E, where advanced exploratio `as the same meaning as under the Mining Act. Instead, those matters shall be sect to policy 2.1.5(a).2" One of main differences between the ervation Authorities Act definition of development and the PPS definition is that the P( .qbfinition does not include site grading, and accordingly, the tools and processes under thIlanning Act distinguish between development and site alteration (as two distinct thji The PPS also considers lot creation as a form of development, whereas the Conservationsdlithorities Act does not. These differences in definition are perhaps subtle, but are of imp9nce for conservation authorities because they have functions under both the Conserve(9 Authorities Act and the Planning Act, meaning that conservation authorities need to use the appropriate definition of development when making decisions and providing comments. When the NPCA is making decisions related to the Conservation Authorities Act (e.g. the issuance of a works permit) it uses the Conservation Authorities Act definition of development. When the NPCA is making comments on a Planning Act application, the PPS definition is used. Accordingly, Chapter 13 of this document includes both definitions of development. 2 Note that policy references within the definition pertain to PPS policies. NPCA POLICY DOCUMENT Page 477 of 751 15 A further nuance to be aware of is that the definition of development in the Niagara Escarpment Plan (NEP) is broader and without the limitations noted above. The NEP defines development as "a change in use of any land, building or structure". Additional details on the relationship between the Niagara Escarpment Commission and the NPCA planning functions are briefly described in section 2.3.2.3. 2.3.2 Provincial Plans 2.3.2.1 Greenbelt Plan The Greenbelt Plan came into effect in 2005 and was recently updatec(„in 2017. The Plan provides a policy framework for protecting the natural and agricultural& ms in the Greater Golden Horseshoe by identifying where urbanization should not occurthe Greenbelt Plan was prepared under the authority of the Greenbelt Act, which design al the Greenbelt Area that the Plan applies to, and lays out the key components and ob. es for the Greenbelt area as described in the Plan. The Greenbelt Plan lays out a strategy( rid policies for protecting natural and agricultural resources and framework builds on theeOmework established in the PPS (and other provincial plans such as the Oak Ridges Morainnen and the Niagara Escarpment Plan). The Greenbelt Plan is of particular relevance a �tpe northern portion of the NPCA's watershed falls within the limits of the Plan Area. >25Y Plan is intended to be read and applied in conjunction with a range of other applic plans, policies and legislation, including regulations under the Conservation AuthoritiescPt. In instances where there is a conflict between a particular policy in the Greenb86Plan and a policy in the NPCA's Policy Document, the Greenbelt Plan states that thee restrictive policy shall apply. 2.3.2.2 Places to Gro :'The Growth Plan for the Greater Golden Horseshoe NO Places to Grow: jkiOGrowth Plan for the Greater Golden Horseshoe (2017) works in parallel with the Greenbelt Plan (and other provincial plans). The Growth Plan was developed as a means to strategically direct and coordinate growth across the 118 municipalities which make up the mega -region known as the Greater Golden Horseshoe and was prepared under the authority of the Places to Grow Act. The Growth Plan provides policies to support compact, transit -supportive and pedestrian -friendly forms of intensification and greenfield development. Generally speaking, municipalities are primarily responsible for implementing the policies of the Growth Plan through Official Plans and zoning by laws. The NPCA needs to consider the policies NPCA POLICY DOCUMENT Page 478 of 751 16 of the Growth Plan when issuing work permits and/or commenting on development applications'. 2.3.2.3 Niagara Escarpment Plan The Niagara Escarpment Plan (2017) was created to protect and preserve the Niagara Escarpment, one of eighteen (18) UNESCO World Biosphere Reserves in Canada. The Plan was prepared under the authority of the Niagara Escarpment Planning and Development Act (1973) and includes policies for seven designations within the Escarpment: Natural, Protection, Rural, Recreation, Urban, Minor Urban and Mineral Resource Extraction. The Niagara Escarpment Commission is responsible for regulating development in the Plan Arek which skirts the northern portion of the NPCA's watershed. The NPCA is responsible for r Ning and providing comments on Niagara Escarpment Plan Amendments and DeveloptVt Permits which fall within the Plan Area and the NPCA's regulations also apply within tk Niagara Escarpment Plan Area4. ,e)c Figure 2.3 highlights the areas within the NPCA jurisdi4ein that are designated under the Niagara Escarpment Plan and the Greenbelt Plan. `0 2.3.3 Regional and Local Plans , > The NPCA takes on an advisory role in int r lc ing with Upper and Lower Tier municipal policies and plans that apply within their water d, providing input on the development of these tools and their application. The types of 69 municipal and Regional plans that apply within the NPCA jurisdiction include Regiond local Official Plans, Zoning By -Laws, Site Plan Control, strategic plans, secondary p, watershed/subwatershed studies and municipal development and design guidelines. 00 3 In instances where there is a potential conflict between a policy within the Growth Plan and other provincial plans/policies, the Growth Plan shall prevail, except for policies related to the natural environment and public safety (in those matters, the policies of the PPS prevail). 4 Note that the NEC does not maintain specific EIS guidelines and accordingly the NPCA relies on municipal EIS guidelines when reviewing NEC permits. It should also be noted that the NEC and NPCA do not maintain a specific Memorandum of Understanding. NPCA POLICY DOCUMENT Page 479 of 751 Page 480 of 751 18 2.4 ENVIRONMENTAL ASSESSMENT ACTS 2.4.1 Ontario Environmental Assessment Act The purpose of the Environmental Assessment Act is "the betterment of the people of the whole or any part of Ontario by providing for the protection, conservation and wise management in Ontario of the environment" (2). The Act applies to provincial ministries and agencies, municipalities such as towns, cities, and counties, as well as public bodies such as conservation authorities for infrastructure projects such as (but not limited to): • Public roads and highways; • Transit projects; v V • Waste management projects; tV, • Water and wastewater works; zed • Resource management; and, �� • Flood protection projects. `OJ vcture projects within the watershed led by also responsible for adhering to the Act when The NPCA is responsible for commenting on infr public or private sector proponents. The NP it acts as the proponent under the act (e I' dertaking flood protection projects). When acting as a proponent for certain types of pro " s, the NPCA is subject to Conservation Ontario's Class Environmental Assessment for Rental Flood and Erosion Control Projects. 2.4.2 Canadian E��%IEbnmental Assessment Act The Canadian Envirolv#htal Assessment Act (CEAA 2012) is generally similar to the Ontario Environmental AyeOment Act, focusing on potentially adverse environmental effects within federal jurisdiction, including: • Fish and fish habitat; • Other aquatic species; • Migratory birds; • Federal lands; • Effects that cross provincial or international boundaries; • Effects that impact on Aboriginal peoples, such as their use of lands and resources for traditional purposes; and, NPCA POLICY DOCUMENT Page 481 of 751 19 • Changes to the environment that are directly linked to or necessarily incidental to any federal decisions about a project. Where Federal EAs are undertaken within the Niagara Peninsula watershed, the NPCA provides comments through the CEAA process. 2.5 OTHER RELEVANT LEGISLATION There are a number of additional legislative acts that guide decision-making at the NPCA with respect to development and site alteration. Where appropriate, NPCA staff will make reference to the relevant legislation. These include, but are not limited to: \Q3 nQs • The Building Code Act governs the structural, safety, an liar Iity characteristics of developments. For development applications within its regulated areas, the Building Code recognizes the conservation authority regulatiortc9at are applicable by law. The Building Code Act requires NPCA permission to$e provided prior to issuance of development approvals in accordance with of applicable regulations under the Conservation Authorities Act. The NPCA pro 'des location approval and/or recommends technical investigations and site contrr easures in line with conservation best practices. • The Drainage Act provides directi municipal drainage works and o municipalities for the maintenance and repair of er certain circumstances, municipalities can be held liable where prescribed du e3'are not performed. Under the Conservation Authorities Act, conservation auths are responsible for regulating works within watercourses and wetlands. The,atario Ministry of Agriculture, Food and Rural Affairs maintains a Drainage Act aacfbRegulations Team (DART) protocol which provides guidance to municipalitiess`nd conservation authorities on how to ensure the objectives of both acts are rifgt'The DART protocol identifies the circumstances where a works permit is required under the Conservation Authorities Act and where a standard compliance requirement (SCR) is recommended5. • The Federal Fisheries Act provides for the prevention of serious harm to fish as a result of human activity. 5 Standard Compliance Requirements under the DART protocol are activities which can proceed without a work permit under the Conservation Authorities Act. NPCA POLICY DOCUMENT Page 482 of 751 20 • The Federal Migratory Birds Act provides protection for over 450 species of migratory birds through a series of regulations. • The Ontario Water Resources Act covers both groundwater and surface resources. The Act regulates sewage disposal and "sewage works" and includes regulations which prohibit the discharge of polluting materials that may adversely impact water quality. In addition to this, the Act also requires approvals from the Ministry of Environment and Climate Change to take more than 50,000 liters of water per day from ground or surface water sources. The NPCA is notified of any applications to take water within the watershed and provides comments on approval requests. • The Ontario Clean Water Act is concerned with the protection of drinking water through a multi -pronged approach to source water protection. Tjssue of municipal drinking water protection within the NPCA watershed is ( ressed through the establishment of the Niagara Peninsula Source ProtectiorNevrea (NPSPA), which was established in 2007 and covers the same geographic extel6Cas the NPCA Watershed. The Niagara Peninsula Source Protection Plan was aped effective October 2014 to protect vulnerable municipal drinking water suppli4'by surface water resources. • The Federal Species at Risk Act (SARA) prey species from disappearing, promotes the recovery of species that have been eted, provides protection for species that are endangered or threatened as a r of human activity, and prevents species of special concern from becoming en..':ered or threatened. SARA is integrated into the NPCA's review of developmen '.plications particularly where the modification of wetland boundaries is concer i). • The Endangered Speciek e (2007) provides for the protection of over 200 species of plant and animal life Ontario. Ontario Regulation 230/08 provides the official list of endangered, threa►ied, special concern and extirpated animals and plants in Ontario. The Ministry Qtural Resources and Forestry (MNRF) is responsible for administering the Act a'r7clOhe government protects species at risk by restricting activities that may affect these plants, animals or their habitats. Under the Endangered Species Act, the MNRF can issue different types of approvals for activities that would otherwise not be allowed, with conditions that are intended to protect species at risk. The MNRF's approval process is undertaken in a coordinated fashion with the various municipal development approvals processes under the Planning Act and also within the context of the Conservation Authorities Act and NPCA's works permit process. NPCA POLICY DOCUMENT Page 483 of 751 21 In addition to the above -noted legislation, the Niagara River Remedial Action Plan represents an important plan within the NPCA's jurisdiction. The Great Lakes Water Quality Agreement (1972) was signed by Canada and the U.S. to restore and maintain the integrity of the Great Lakes Basin ecosystem, which had come under significant pressure from a variety of sources. In 1987, an amendment to the Agreement allowed for the implementation of Remedial Action Plans (RAPs) to restore ecosystem health in 43 identified Areas of Concern (ADCs) located within the Great Lakes Basin. The Niagara River was designated as one of the 43 AOCs. The purpose of the Niagara River RAP is to identify significant water quality concerns and take actions to resolve them. The designation of AOC can be removed once all actions are completed and environmental monitoring confirms that beneficial uses have been restored. The Niagara River AOC is currently in the final stage of the RAP process and is aiming to come$ all remedial actions by December 2019. The NPCA acts as the Coordinator for the Nkla River Remedial Action Plan. NPCA POLICY DOCUMENT Page 484 of 751 22 3.0 GUIDING PRINCIPLES AND GENERAL POLICIES 3.1 ABOUT THE PRINCIPLES The following principles describe the NPCA's vision for integrated watershed management. These principles were developed as part of the Living Landscape process an help to underpin a number of the more detailed, complex policies found in the subsequent s ers. 9 3.2 GUIDING PRINCIPLES . a) Recognize that healthy communities require a sustai rg: e balance between agricultural, environmental, social and economic priorities, inveats and uses. b) Acknowledge that protecting natural systeri400ver the long term is best achieved through a science -based approach that na es human activities and natural resources across the watershed. G c) Consider the impacts of climate chon people, property and the environment. d) Avoid the potential for adversgtpacts to people, property and the environment by directing development and ikialterations away from natural features. e) Work with landowners,.eholders and municipal, provincial and federal partners to develop appropriate pies that meet the requirements of all relevant legislation. f) Continuously purs6practical approaches to the management of water and natural resources baspn the application of sound science, creativity, and innovation. g) Learn fro)ikeind inform watershed residents, member municipalities, partners and clients about the value of the watershed, its features and functions. h) Minimize the potential for risk of harm to people and property resulting from flooding, erosion and slope instability. NPCA POLICY DOCUMENT Page 485 of 751 23 3.3 GENERAL POLICIES 3.3.1 Regulated Areas Through section 28 of the Conservation Authorities Act and Ontario Regulation 155/06 the NPCA has the authority to regulate and approve development within its Regulated Areas. The NPCA's regulated areas are comprised of the following: a) Lands adjacent to or close to the shoreline of the Great Lakes -St. Lawrence River System that may be affected by flooding, erosion or dynamic beaches; b) River or stream valleys that have depressional features associated wits a river or stream, whether or not they contain a watercourse; O�vv c) hazardous lands; � d) wetlands; and, e) other areas where development could interfere with thrologic function of a wetland, including areas up to 120 metres (394 feet as 11 provincially significant wetlands and wetlands greater than 2 hectares r e, and areas within 30 metres (98 feet) of wetlands less than 2 hectares in size.6 3.3.2 Detailed Mapping of RegL.�ted Areas Detailed mapping of the limits of the NP '.S regulated areas is available on-line and can also be viewed at the offices of the NPCA. W&e there is a discrepancy between the NPCA's mapping and the definitions provided in 9,,r io Regulation 155/06, the Regulation prevails. From time to time the NPCA will update its ping to reflect changes in legislation and/or the best available information. When undertePg comprehensive updates to Regulated Area mapping the NPCA will engage municipa10, agencies and stakeholders in the process. 3.3.3 Activities Subject to an NPCA Work Permit 3.3.3.1 NPCA Work Permit Authority Unless otherwise stated in this document, no work shall be undertaken within the NPCA's regulated areas without a work permit issued by the NPCA. 6 Refer to Ontario Regulation 155/06, section 2 for additional details. NPCA POLICY DOCUMENT Page 486 of 751 24 3.3.3.2 Typical Activities Subject to an NPCA Work Permit Work permits are required for any proposed development (as defined under the Conservation Authorities Act), including but not limited to the construction, reconstruction, erection or placing of a building or structure, any change to a building or structure which would increase its size (or the number of units), site grading or the placement of fill material. The following lists some of the typical forms of development which are subject to a work permit from the NPCA: a) Construction of all buildings, building additions and structures including modification or reconstruction of foundations which support existing buildings; b) Breakwalls, revetments, rubble groynes and jetties; c) Headland beach system and artificial nourishment(beach, berm or ql); d) Docks; e) Stairs, decks, gazebos; , f) Boat ramps, boat storage structures; Qjk g) Dredging; .� h) Swimming pools; J° i) Temporary or permanent placement of fill, gra, removal of fill, or site alteration; j) Retaining walls; k) Trailers and mobile homes; I) Municipal drains; m) Certain forms of infrastructure, seas but not limited, bridges, crossings, roads and other types of infrastructure v h have received an approval under the Environmental Assessment Act. 6 G.' The above -noted list is not c idered to be exhaustive and is provided for explanatory purposes only. Note thfibrks associated with a demolition permit under the Building Code may require an NPCAA rk permit where the works constitute site alteration. 3.3.3.3 Development Permits within the Niagara Escarpment Plan Area Applicants proposing works within the Niagara Escarpment Plan area should refer to the Niagara Escarpment Plan for applicable policies as development within the NEP area is subject to the jurisdiction of the Niagara Escarpment Commission. A permit for development from the NEC is required before any additional approvals may be granted from any other agency, including the NPCA. NPCA POLICY DOCUMENT Page 487 of 751 25 3.3.4 Activities which do not require a Work Permit 3.3.4.1 Agricultural Lands outside of Regulated Areas Agricultural activities outside of the NPCA's regulated areas are not subject to regulation under the Conservation Authorities Act and do not require a work permit. 3.3.4.2 Agricultural Lands within the NPCA's Regulated Areas Agricultural uses within regulated areas generally do not require a work permit. The following activities are not considered development and do not require a work permit unless they would interfere with a watercourse or wetland: a) Non-structural activities associated with an existing agriculturalV, , such as cropping, 9 b) Non-structural activities that would not result in alterations to the existing grade gardens/landscaping, shrub/tree planting nurseries, wo:��.t management; c) Routine maintenance and/or upkeep of existing cultural buildings or structures which do not change the existing footprint, squ otage, height and/or use. This could include, but is not limited to, window or roof air, air, siding, etc. Certain forms of value-added, agri-tourism usjay require a work permit from the NPCA, depending on the nature of the applicateid any considerations related to the five tests under the Conservation Authorities Act., hat agricultural activities which require a building permit from a local municipality matiQlso require a work permit from the NPCA (where the proposed developed is within an # regulated by the NPCA). CJS. livestock management, tilling, fence row clearing; 3.3.4.3 Fill not Exceedin r i M3 of Material The placement ofiner.i'less than 50m3 may be permitted where the placement of fill: a) Is placed ina°manner which will not impact the control of flooding; b) Does not interfere with a watercourse, wetland, valleyland or shoreline; and, c) Includes re -vegetation of any disturbed areas and is protected from erosion. 3.3.4.4 Landscaping Generally, an NPCA work permit is not required for the addition of top soil to lawns or the augmentation of soil mixtures for landscaping purposes, to a maximum thickness of 50 mm. The raising of grades to allow for changing the landscape characteristics of a property is considered development in the flood plain. This policy is not applicable to the placement of fill within a NPCA POLICY DOCUMENT Page 488 of 751 26 wetland for landscaping (or any other) purposes. No fill placement is permitted within a wetland. 3.3.5 Use of Native Plant Species The NPCA recognizes the importance of a natural approach to landscaping through the use of native, non-invasive and locally appropriate species. Some Planning Act applications and work permits may require re -vegetation for disturbed areas and in these instances, the NPCA will encourage re -vegetation plans and landscaping projects to include an appropriate mix of native, non-invasive and locally appropriate plantings. NPCA POLICY DOCUMENT +0 GO Page 489 of 751 27 4.0 FLOODING HAZARDS 4.1 WHAT ARE FLOODING HAZARDS? 4.1.1 River and Stream Flooding Hazards 4.1.1.1 Flood Plains and Flooding Hazards To mitigate the potential risks to public health, safety and property, the Province of Ontario, through various regulations and policies (such as Ontario Regulation 155/06 and 97/04, as well as the Provincial Policy Statement) limits the amount of potential development in flood plains. Flood plains are usually low lands adjoining a watercourse which has been or may be subject to flooding. Lands which are subjec to flooding or may be subject to floodin G vi 0 --- referred to as flooding hazards. 4.1.1.2 River and Stream Floco,�'►�zard vs. Great Lakes Flood Hazard This Policy Document dist' hes between the flooding hazard associated with rivers and streams and the floodin Iiad�ard associated with the Great Lakes Shoreline. The policies of this section apply to floode hazards associated with rivers and streams. Refer to section 5.0 for details related tokP5reat Lakes Shoreline flooding hazard. 4.1.1.3 River and Stream Flood Hazard Defined In most cases, the Niagara Peninsula Conservation Authority defines the flood hazard as the 100 year flood event. The 100 year flood event is a frequency -based flood event that is determined through analysis of precipitation, snow melt, or a combination thereof, having a return period of once every 100 year on average (or having a 1% chance of occurring or being exceeded in any given year). The 100 year flood event is the minimum acceptable standard (in Ontario) for defining the regulatory flood plain. NPCA POLICY DOCUMENT Page 490 of 751 28 4.1.1.4 Exceptions to using the 100 Year Flood Notwithstanding the policy 4.1.1.2, the Regional Flood shall be used to determine the flood plain limits for the following watercourses: a) Beaverdams Creek (Niagara Falls); b) Shriner's Creek (Niagara Falls); and, c) Ten Mile Creek (Niagara Falls). 4.1.2 Policy Concepts for Flood Hazards Floodplains can be large areas, covering rivers, streams and natural areas, a9bell as agricultural areas, rural areas, communities, homes and businesses. The diversity of •7 ditions within floodplains requires a flexible approach managing change within theo : plain. The NPCA recognizes the Province's approach for planning and regulating deelopment within the river and stream flooding hazard, including the following concepts: 'Q a) One zone concept; b) Two zone concept; and, c) Special Policy Area concept. 4.1.3 The One Zone Concept 4.1.3.1 Preference for One -Zone Co In most cases, the NPCA shall irk, ent a one -zone concept to flood plain management. This means that generally, most fps of development or site alteration are prohibited within the regulated flood plain. Wh6a one zone concept is in place, the entire flood plain defines the floodway. QQ� 4.1.3.2 One-Zon2Concept Under the one -zone concept, the regulatory flood plain shall be defined as follows (Figure 4.1): a) Where 100 Year Flood information is available, the 100 Year Flood shall be used for the purposes of delineating the flood plain; or, b) Where no flood plain information is available and the Authority has a flooding concern, the proponent shall be required to provide the NPCA with 100 Year Flood Plain mapping for review and approval at the cost of the applicant, not all of the flood hazards within the watershed are mapped. NPCA POLICY DOCUMENT Page 491 of 751 Flooding Hazard Limit (Development Prohibited or Restricted) Flooding Hazard Limit -I Normal Water Level w �t Figure 4.1: One Zone Sept 4.1.4 The Two Zone Concept , 9 The two zone concept (Figure 4.2) iteticCfies a floodway and a flood fringe within the flooding hazard. The floodway refers to portion of the flood plain where development and site alteration is prohibited due tootential risks associated with public health and safety and property damage. The floo dy is the inner portion of the flood plain, representing the area required for the safe pang of flood flow and/or that area where flood depth and/or velocities are considered topoNe1C1 potential threat to life and/or property damage. The flood fringe is the outer portion of t'IN flood hazard that could potentially be safely developed, subject to certain conditions being met (see Policy 4.3). VO (NOT TO SCALE) 29 NPCA POLICY DOCUMENT Page 492 of 751 • Flood Fringe Development) • Figure 4-2: Two Zone Concept Flooding Hazard Limit Floodway Flood Fringe (Development Prohibited or Restricted) Flooding Hazard Limit Normal Water Level (Conditional Development) 30 �,1 (NOT TO SCALE) J' � 4.1.4.1 Considerations for Applying thio Zone Concept o At present, there are no two zone r€es in the watershed. The NPCA shall only consider a two zone concept where a request i forward by a municipality within the flood plain. The onus is on the municipality to derypPstrate that the one -zone policies are too stringent and would adversely impact the ecorlriic viability of the municipality. The Ministry of Natural Resources and Forestry should b e'nsuited for technical advice in any area whether the two zone concept is being considerO The two zone concept should only be applied within or immediately adjacent to a settlement area and where the risks associated with flooding can be adequately mitigated within the flood fringe. When making decisions related to the applicability of a two zone concept, the NPCA will consider the following elements as described in the Province's Technical Guide for River and Stream Flooding Hazard Limits and summarized below in Table 4-1. Table 4-1 provides a summary of the MNR's recommended criteria for considering a two zone concept. Municipalities should also consider the criteria identified in Table 4-1 when applying for a two - zone concept. NPCA POLICY DOCUMENT Page 493 of 751 31 Table 4-1: Factors to be considered in the Application of a Two Zone Concept Criteria Description Frequency of flooding • Caution should be exercised in applying the two zone concept for chronic problem areas. While development in such areas could adequately be floodproofed, maintenance and upkeep would continuously be required to ensure floodproofing measures and local services remain effective. Physical characteristics of the valley • Steepness of valley slopes, instability of banks and poor soil conditions in flood fringe areas can physically render the flood fringe unsuitable for development. Adopting the two zone concept would show more promise for areas with a flatter bank walls and shallow flow. Topography varies, so evaluation is necessary on a local basis in determining suitability. Local need • • Suitability of flood fringe areas for development can be influenced by municipal planning considerations including availability of developalaland elsewhere in the municipality. In urban areas where land values arm h and pressure for development is usually the greatest, the concept sho mise. Lot sizes are usually larger in rural areas, and it i enerally possible to locate development outside the flood plain. Therefor4Sptoposed application of the two zone concept in rural/agricultural areas will r wire detailed rationale/justification. Impacts on proposed development • Encroachment within the flood fringe . A usually results in an increase in flood levels. The extent of potential increas- n•' be dependent on a number of factors in watershed characteristics and the . - ee to which the two zone concept is to be applied. As a result, it may bssary to recalculate for the flood standard the flood levels for floodproofin poses and identify and assess the upstream and downstream impacts w the two zone concept is being considered. This is particularly true wher • wo zone concept is to be applied over extensive areas. Feasibility of floodproofing • One of the major rs in determining if a flood fringe area is suitable for development is ybeasibility and cost of floodproofing. Constraints to the provision of services • �\N Flood frirereas are low-lying and it is often difficult and expensive to provide nec-,sac() services (watermains, sewers, drainage works, etc.) to serve the de•-'T.ments. Drainage systems should provide protection against the flood i . and and it may be difficult to provide outlets above the level of flood standard. these situations, it may be necessary to provide pumping facilities which would result in some additional expense in new developments. Private services located within the flooding hazard can also pose a risk to pollution during flood events. Ingress/egress �O • Major accessways to development potentially located in the flood fringe must be examined. It is not acceptable to have development isolated during the flood conditions because roads and escape routes are not passable. For example, flood depths greater than 0.3 metres and/or flood velocities greater than 1 metre per second may prevent evacuation during a flood. Standards may vary depending on local emergency requirements. Changes in land use • Land use is a key factor considered in flood plain studies and the calculation of flood lines. Proposed development, not anticipated in these calculations, could create increased flood risks and thus reduce the effectiveness of flood plain management programs. It is therefore imperative that municipalities discuss proposed changes in land use with the NPCA. Administrative capability • Staff availability and expertise to examine and implement the various factors and conditions for a two zone area should be considered. For additional details refer to Appendix 4: Application of the Two Zone Concept, Factors to be Considered (Technical Guide, River and Stream Systems: Flood Hazard Limit, Government of Ontario, 2002) NPCA POLICY DOCUMENT Page 494 of 751 32 4.1.4.2 Delineation of Floodway The extent of the floodway shall be determined based on local watershed conditions, such as, but not limited to critical flow depth and velocity, existing and proposed development and the potential for upstream and downstream impacts. 4.1.4.3 Policy Requirements for Two Zone Concept Where a two zone concept is undertaken, no development and site alteration shall be permitted within the floodway area. Limited development and site alteration may be permitted in the flood fringe area, subject to adherence to floodproofing requirements and safe access and egress (vehicular and pedestrian) and other considerations (as noted in TTbe 4-1). Municipal requests for final approval of a two zone policy area designation shall b�L�1 orted by: a) Official Plan policies specific to the review and approv<N1 development and site alteration applications within the proposed two zone pgitp area, including development control criteria for the flood fringe and floodtP areas and, if applicable, the implementation program for any flood control ioAisures in relation to the timing and phasing of development; b) A Zoning By-law that will implement the Off&l Plan policies; and • c) A Flood Emergency Management and R onse Plan. 4.1.5 Special Policy Area C G 4.1.5.1 Special Policy Area C A Special Policy Area mayy,D,,`�"y� be proposed by lower tier or single tier municipalities (the proponent). The propoeTrt is responsible for funding and preparing all mapping, studies, reports and officialtt�a�policies/amendments. Special Policy Areas require the approval of both the Minister of 1vstural Resources and the Minister of Municipal Affairs. The process for undertaking a Special Policy Area is outlined in the Ministry of Natural Resources Technical Guide for River and Stream Systems, Flooding Hazard Limit Appendix 5 Special Policy Areas (as amended in 2009) and includes: pt a) Pre -consultation with the Ministry and the NPCA; b) Phase 1: Request for Approval in Principle for Special Policy Area Status; c) Phase 2: Application for Final Approval of Special Policy Area; and, d) Phase 3: Post Approval Requirements. NPCA POLICY DOCUMENT Page 495 of 751 33 4.1.5.2 Great Lakes Shoreline and the Niagara River Special Policy Areas are not applicable to the flooding hazards associated with the Lake Erie and Lake Ontario shorelines as well as any connecting channels, such as the Niagara River. 4.1.5.3 Development Approvals No development shall proceed within a Special Policy Area until the SPA has been approved by the Province and all necessary implementation tools are in place, such as Local Official Plan Amendments (and where applicable, Regional Official Plan Amendments) and implementing zoning by-law amendments are in place. Where a work permit is required from the NPCA, no approval shall be issued until the above -noted policy and regulatoryEbnges have been implemented. eQ 4.1.5.4 Fort Erie Industrial Park Special Policy Area In 1985, the Ministry of Municipal Affairs approved Fort Er' f ficial Plan Amendment 32 that included provisions for a Special Policy Area for the For Industrial Park to recognize that parts of the approved Industrial Park were located in the 1 in 100 year flood plain of Frenchman's Creek and site specific policies apply. Town's Official Plan includes site specific policies for this area (referred to Site Specific, ty Area #3 and illustrated in Figure 4-3) and includes the following policies: �0 a) No new buildings or structure tier than those required for flood erosion control or flood management purpost,s'i5all be permitted in the Hazard area (1 in 100 year flood plain) as determined f he Niagara Peninsula Conservation Authority as generally shown on Schedule ",>`; b) Extensions, enlarglents or reconstructions of existing buildings and structures may be permitted witI Qthe 1 in 100 year flood plain provided they are protected up to the 1 in 100 year AQ9level; c) Prior to the issuance of any building permit within the 1 in 100 year flood plain, the Town shall consult with the Niagara Peninsula Conservation Authority regarding the administration of the Authority's fill and construction regulations to address any proposed flood damage reduction measures which may include such matters as building setbacks, basement elevations, the strength of foundation walls, the placement of fill and control of building opening elevations; and, d) Any amendment to the Zoning By-law affecting the "Fort Erie Industrial Park" shall conform to the provisions of this subsection. In this regard the Town may, in consultation with the Niagara Peninsula Conservation Authority, incorporate flood reduction NPCA POLICY DOCUMENT Page 496 of 751 34 measures in the by-law relating to such matters as building setbacks, minimum heights of openings to buildings and maximum lot coverage. Figure 4-3: Excerpt from the Town of Fort Erie's Official Plan s.�u;nr yi�!..1..I.1lyl, f��!;!tllllilr111.IIIlIlL1 i phipps t &/- < el GGo\ Note that this Special Policy Area is( iciuded for clarity and convenience purposes, as it reflects the policies within the Town's !al Plan. In the future, should the Town decide to modify, update or remove the Speci., olicy Area, then the NPCA will reflect the corresponding updates within this Policy Docurr?cito ensure alignment. NPCA POLICY DOCUMENT Page 497 of 751 35 4.2 POLICIES FOR PLANNING AND REGULATING FLOOD HAZARDS (ONE ZONE POLICIES) 4.2.1 Objectives The objectives of the flood hazard policies are to: a) Prevent loss of life; b) Minimize property damage and social disruption; c) Reduce the potential for incurring public costs associated with the impacts of flooding hazards; q) ( d) Manage existing risks and reduce the potential for future risks; l�� e) Promote the conservation of land and a co-ordinated approakh tclthe management of water. Q!� 4.2.2 Permitted Uses within the Flood Haag`" d Permitted uses within the flood hazard shall b connsistent with the objectives of the Conservation Authorities Act and subject to t ulation 155/06 (sections 2 and 3). The following are permitted uses within the flood a) Agriculture uses that do not ,, tiire permanent, closed structures or any major alteration of the landscape; G 0 b) Additions or extensions, i ding new structures which are minor in scale, to existing primary agricultural otions which are not likely to incur flood damages, impede flows, reduce floor t rage, or cause pollution to a watercourse as a result of a flooding event; 0 c) Reconstru �" r minor additions to the existing structures and accessory structures outlined in olicies 4.2.4-4.2.6; d) Flood, erosion and sediment control measures; e) Open space uses and recreational uses, such as boat docks, marina facilities, parks, trails, gardens, nurseries and other passive recreational and open space uses; f) Swimming pools, subject to Policy 4.2.6; g) Parking lots, driveways and private roads, subject to Policy 4.2.7; h) Raw materials and equipment storage, subject to Policy 4.2.8; i) Infrastructure which is subject to an approval under the Environmental Assessment Act, such as but not limited to, railroads, streets, bridges, public services and pipelines for transmission and distribution of water, gas, oil and electricity, provided that the NPCA POLICY DOCUMENT Page 498 of 751 36 approved engineering designs recognize and, where necessary, address the flooding potential at the site; j) Works constructed under the Drainage Act accounting for the flooding potential at the site; k) New water wells, provided the air vent on a drilled well extends above the maximum anticipated flooding level and not less than 40 cm above the ground surface; and, I) Other uses not likely to incur or create damage from floodwaters. 4.2.3 Uses Prohibited within the Flood Hazard The following uses are prohibited within the flood hazard: a) Sensitive uses, such as hospitals, nursing homes, day-cares/pre- ols and schools; b) Emergency services facilities; " c) Uses associated with the disposal, treatment, manuf e ng/processing or storage of hazardous substances; d) Any other use or development deemed to be jpp ropriate based on the objectives stated in 4.2.1. v .`\ 4.2.4 Replacement and Relocati of Existing Buildings and Structures �� Any building or structure which is loc&d in the flood plain and has been destroyed for reasons other than flooding may be allovo be rebuilt, provided the building cannot be relocated to an area outside of the floodepin, as determined by the Conservation Authority. All of the following criteria must bei eved through the reconstruction proposal: a) The existinttg65dddepths do not exceed 0.8 metres, the velocity does not exceed 1.7 metres/se"cb.nd and the product of depth and velocity is not greater than 0.4 square metres/second under a Regulatory Flood event (based on Ministry of Natural Resources and Forestry Policy and Water Survey of Canada "Hydrometric Field Manual (1981)"); b) All openings in the ground floor of the building are to be located above the regulatory flood elevation; c) Vehicular and pedestrian ingress/egress is not to be flooded to a depth greater than 0.3 metres (1 foot) under the Regulatory Flood event; d) Other landowners, upstream and downstream of the proposal, will not be adversely affected by the Reconstruction; e) There is no increase in the number of dwelling units; and, NPCA POLICY DOCUMENT Page 499 of 751 37 f) The replacement structure does not exceed the size of the original ground floor area or, where expansions are proposed, the proposal complies with Policy 4.2.5. 4.2.5 Additions to Existing Buildings Additions to existing buildings may be permitted provided that: a) They are of a peripheral nature (such as decks, patios, open porches) and they are properly anchored to prevent flotation, are not subject to major damage by flooding and flood flows and flood water storage are not impeded; or, b) Any addition to the ground floor area of an existing building shall not exceed 46.5 square metres (500 square feet)'; � ((�� c) The existing flood depths do not exceed 0.8 metres (2.6 feef ie velocity does not exceed 1.7 metres/second and the product of depth and v.e Nsity is not greater than 0.4 square metres/second under a Regulatory Flood eve sed on Ministry of Natural Resources Policy and Water Survey of Canada "HydroFeo tric Field Manual (1981)"); All openings in the ground floor of the buildin be located above the regulatory flood elevation; Vehicular and pedestrian Ingress/egress is d) e) f) g) 4.2.6 ` o be flo metres (1 foot) under the Regulatory Fl,e! event; • Other landowners, upstream and • • , nstream of the affected by the addition; and, There is no increase in the r11"er of dwelling units. Accessory Str cures 0 Non -habitable accessor tructures which are less than 10 metres square do not require a work permit from the Poo. Non -habitable accessory structures which are greater than 10 metres square, such as gauges, tool sheds, gazebos and decks are permitted within the flood hazard provided that the following are met: a) There is no reasonable alternative location outside of the flood hazard on the site; b) The works will not result in adverse upstream or downstream flood impacts; and, c) For swimming pools, adequate hydrostatic pressure relief is incorporated in the design and excavated material is removed from the flood hazard. oded to a depth greater than 0.3 proposal, will not be adversely On a case by case basis the NPCA may consider allowances beyond the 500 square foot limitation where it can be demonstrated that the five tests under the Conservation Authorities Act can be satisfied. NPCA POLICY DOCUMENT Page 500 of 751 38 4.2.7 Parking Lots, Driveways and Private Roads Parking lots, driveways and private roads which are primarily used for vehicular traffic are permitted provided that: a) The flood depths under the regulatory flood event do not exceed 0.3 metres (1 foot), based on the technical criteria development the PPS Natural Hazards Training Manual; and, b) No adverse flood impacts result from the proposed work. In some instances, it may be appropriate to allow for fill placement beyon feet) to improve safe access and egress for existing development located 4.2.8 Raw Materials and Equipment Storage Where the storage of raw materials is subject to a munir� material and equipment storage is permitted, provided the a) They are properly anchored to prevent flota ' �O b) They are not subject to major damage bying; c) They are not of a polluting nature; ancjZ d) Flood flows or flood water storag not impeded. O 4.2.9 Replacement of C.) Gting Watercourse Crossings Where replacement of an eTig watercourse crossing is proposed, NPCA staff will encourage the municipality to have ie crossing upgraded (where appropriate) in order to provide full access and egress unc'' egulatory storm conditions. 4.2.10 Fencing • 50m3 (1,766 cubic floodplain. approval, the storage of raw Fencing generally does not require a work permit. However, there may be instances where a work permit may be required for example; if a fence is proposed to cross a watercourse or forms a solid barrier that would impede conveyance of flood flows. Fencing may be permitted in flooding hazards provided no fill placement/removal is required. Staff will work with the applicant to review other options in order to avoid fencing within the flood hazard. The placement of fill or changing of grades within a regulated area would be subject to formal approval under Ontario Regulation 155/06 as per other policies in this document. NPCA POLICY DOCUMENT Page 501 of 751 39 4.2.11 Septic Systems (Riverine Flood Hazard) Septic systems shall not be located within the flooding hazard. Where an existing septic system is already located in the flooding hazard and is being replaced, the proponent shall locate the replacement system outside of the flood hazard, where feasible. The feasibility of relocation shall be assessed on a case by case basis, recognizing that existing dwellings will require a new septic system from time to time and the intent of this policy is explore reasonable alternatives which do not cause undue hardship on homeowners. Where there is no reasonable or practical alternative for relocating a septic system outside of the flood hazard, then a replacement system may be permitted subject to any approvals required for other regulatory agencies. 4.2.12 Floodproofing (Riverine Flood Hazard) As permitted in the policies of this document, floodproofi development which may be impacted by flood a) the depth and velocity of flood waters; b) the duration of the flood; c) d) hazards, upon c +0 the rate of rise/fall of the flood waters; and, the type of flood warning system in plac�'j• elQs ' required for eration of: proposed 4.2.13 Balanced Cut and Fill Cut and fill is a technique that is sed to minimize flood storage losses resulting from the placement of fill within a flood Caw"' that results in a quantifiable adverse hydraulic impact. This is achieved by removing ap me of earth at the appropriate elevation and location to offset any increase in flood level tree to filling areas within the flood plain. The suitability of cut and fill operations is extre i9site-specific. It should be recognized that, in conducting a cut and fill, additional flood-f6eands are not obtained. A cut and fill will only serve to transfer floodwaters from one area to another as a result of the manipulation of the land's contours. In reviewing applications that will require cut and fill, the following policies will be applicable. 4.2.13.1 General Balanced Cut and Fill Policies Any proposals that will require cut and fill operations within the jurisdiction of the Authority and within the flooding hazard limit must be in accordance with the following policies and guidelines and must be to the satisfaction of the Authority. a) There are no negative impacts on the ecological or hydrological function of wetlands, valleylands, or significant features as a result of the cut and fill proposal. NPCA POLICY DOCUMENT Page 502 of 751 40 b) The amount of earth removed (cut) must be equal to or greater than the volume of fill proposed for placement within the flood plain. c) Cut and fill must be balanced in 0.3 m (1 foot) increments. An excess of cut volume may be permitted at any given increment; however, inadequate cut volume will not be permitted at any given increment. d) No adverse impacts on the hydraulic conveyance capabilities of the watercourse will be permitted. e) Depending on the location of the proposed works, a hydraulic/geotechnical evaluation may be required in order to ensure the long-term stability of the works. f) A cut and fill plan must be submitted demonstrating consistency with the policies of this document. 4.2.13.2 Cut and Fill Plan Requirements At a minimum, all plans and calculations for cut and fill opons shall be prepared by a qualified engineer or surveyor and are required to contain th lowing criteria: a) Detailed calculations for incremental and totalnd fill volumes; b) Cross-sectional plots to scale showing exisNg and proposed flood lines and ground elevations; C�`'� c) Detailed contour/topographic plan eC`scale showing existing conditions (including grades) and all proposed works a, Sevations; d) Adequate erosion and sedimeji) control measures will be implemented on-site, both during and after construg6n, and must be in accordance with the policies of this document; CJS. e) A hydraulic analysis h%y be required as deemed necessary by the Authority (i.e. HEC - RAS modelling); f) A geotechcealysis may be required as deemed necessary by the Authority. 4.2.13.3 Exceptions for Balanced Cut and Fill Notwithstanding the above policies, the NPCA recognizes that in some cases the need for balanced cut and fill may not be required due to the unique attributes of a given site. Where an applicant is able to demonstrate through a hydraulic study that there will be no impacts or negligible impacts on the loss of flood storage, the NPCA may grant a permit to place fill in the floodplain. NPCA POLICY DOCUMENT Page 503 of 751 41 4.2.14 Flood Plain SpiII Areas 4.2.14.1 Spill Areas There are several areas within NPCA's watershed in which flood plain spills occur, generally in the areas north of the Niagara Escarpment. SpiII areas are locations where hydraulic modeling and mapping of the flooding hazards indicates that flood waters may leave the flood plain and "spill" into surrounding lands that are outside of the regulated flooding hazard limits. Generally, the depth of flooding cannot be precisely/readily determined as the flood depths that may occur depend on a number of factors such as the local (and downgradient) topography and storage volume as well as the amount of spill flow that would occur. Typicalspills would occur only during the higher flow rates of the storm and hence the volume an of of flood water is dependent also on the duration of the storm and the foregoing factors. 4.2.14.2 Approach to Spill Areas �Q1� The NPCA does not regulate development in spill areas ii lie same manner as development within flood plain areas, as these areas are not readil Oned and the storage/flow that occurs in these areas is not considered as part of the natgl`flood plain, hence preservation of flood storage is not required. Where spill locations c be identified; while not subject to Ontario Regulation 155/06, the NPCA would revifeany Environmental Assessment or land use application under the Planning Act, Ni a Escarpment Plan or Building Code so that the possible flood hazards can be assessed appropriate mitigation can be established as part of the Municipal/Conservation Autholly review process. 4.2.14.3 Potential Mitigaeasures for Development within Spill Areas Where mitigation mea r®es are required for lands within a spill zone, buildings and structures may be permittededed that adequate floodproofing measures are undertaken. Mitigation for development praposed within a spill area could include (but is not limited to): a) Raising the elevation of proposed buildings or structures above the anticipated flood level; and/or, b) Raising the lands within the spill location to prevent its occurrence. NPCA POLICY DOCUMENT Page 504 of 751 42 4.3 POLICIES FOR PLANNING AND REGULATING FLOOD HAZARDS (TWO -ZONE POLICIES) 4.3.1 Objectives The objectives of the flood hazard policies are to: a) Prevent loss of life; b) Minimize property damage and social disruption; c) Reduce the potential for incurring public costs associated with the impacts of flooding hazards; q) ( d) Manage existing risks and reduce the potential for future risks; l�� e) Promote the conservation of land and a co-ordinated approakh tclthe management of water. Q!� 4.3.2 Application of a Two -Zone Policy Fram�ork A two -zone policy framework may be applied where(R+e�IPCA is satisfied that the criteria outlined in Policy4.1.4 have been met. 4.3.3 Floodway Development Pies Development shall be restricted wi hi(ij�e floodway and the policies of section 4.2 shall be applied when assessing develop proposals within the floodway. �"c.) 4.3.4 Flood Fringe De elopment Policies 4.3.4.1 Habitable t.6lgs Habitable buildings may be permitted within the flood fringe of a two -zone policy area, provided: a) Buildings or structures are floodproofed to the elevation of the regulatory flood; b) New dwelling units are located above the flood elevation; c) All habitable floor space, including any electrical, mechanical and heating services are located above the flood elevation; d) Access and egress to the building or structure (as the case may be) is floodproofed to an elevation which is safe, practical and feasible; and, NPCA POLICY DOCUMENT Page 505 of 751 43 e) No basement is proposed or where the building contains multiple units, the basement is floodproofed. 4.3.4.2 Non -Habitable Buildings, Structures and other forms of Development Non -habitable buildings and structures and other forms of development may be permitted within the flood fringe area in accordance with municipal policies and standards. +0 ec• GO 0e NO ,O NPCA POLICY DOCUMENT Page 506 of 751 44 5.0 GREAT LAK c\AN D NIAGARA RIVER SH • E LI N E HAZARD • 5.1 WHAT ARE6$110RELINE HAZARDS? 5.1.1 ShorkipeHazards The shorelines along Lake Ontario, Lake Erie and the Niagara River are dynamic places, as they are in a state of constant flux. Shoreline areas are made up of an accumulation of detritus material such as sediment that is continually being transported and deposited by wave action, currents and wind. The composition of sediments varies from clay and silt to sand and gravel, to cobbles or even boulders. As a result, shorelines are constantly being shaped and re -shaped. These changes can range from a period of a few hours to days or even years and decades in response to the changes in waves, winds, water levels currents and the movement and accumulation of ice. The NPCA is responsible for regulating activities within the Lake Ontario, Lake Erie and Niagara River shoreline hazard areas to minimize risks to life, property damage, NPCA POLICY DOCUMENT Page 507 of 751 45 social disruption and adverse environmental impacts. The shoreline hazard area includes the following natural hazards: a) Shoreline flooding hazard; b) Shoreline erosion and slope stability hazard; and, c) Dynamic beach hazard. 5.1.2 Niagara River Policy Framework The NPCA does not regulate the flooding hazard on the Niagara River, except for 350 metres from the mouth of the Niagara River at Lake Ontario (Melville Street) and an area at the head of the Niagara River within the 100 year flood elevation of 177.11 m GSC (Geodetic Survey of Canada Datum) of Lake Erie (an area which includes lands around the Peace Bridge and within the r urban area of the Town of Fort Erie). \_\Q4 Figure 5.1 illustrates the regulation area es_ for the Niagara River and Lake Ontario - — and the Niagara River and Lake Erie. These areas are regulated under the shorelin hazard policies of this section. "The() ndary Waters Treaty of 1909 requires that the United States and Canada, together, appre projects that affect the levels and flows of water along their common boundary, incluthe Niagara River. Water diversions in the Niagara River for hydroelectric power projec,seeZth both countries were approved by the 1950 Niagara Treaty. Water diverted from thtrrer above Niagara Falls is returned to the river below the Falls." (IJC Fact Sheet, no date). Planning Act applications and building permit applications along the Niagara River will be reviewed by the NPCA to address erosion hazards associated with steep slopes (slope height greater than or equal to 3m) and flooding hazards where the Niagara River meets Lake Erie and Lake Ontario. Consideration will be given to the International Joint Commission Study on the Great Lakes water levels and any international agreements which govern the watercourse. Ontario Power Generation (OPG) highwater levels have been provided to the NPCA for certain sections of the Niagara River. NPCA POLICY DOCUMENT Page 508 of 751 Page 509 of 751 47 5.1.3 Great Lakes and Niagara River Shoreline Flooding Hazard 5.1.3.1 Flooding Hazard Limits along the Great Lakes Flooding has historically and repeatedly caused considerable damage along shorelines. Shorelines may experience various magnitudes and durations of shoreline flooding as the result of a combination of: a. Higher, lake wide, static water levels due to abnormally high levels of precipitation and runoff and the annual lake level fluctuations; b. Short-term, storm induced wind setups; and, c. Wave action which rushes up the shore and other water related hats, including wave overtopping, ice jamming and piling. (1v 5.1.3.2 Approach to Flood Hazards along the Great Lakes In general, development is restricted within the shorelir� food hazard and is subject to mitigation measures. Certain forms of development areprohibited. The flood hazard within NPCA's regulated areas shall be mitigated prior to dev ment approval. 5.1.3.3 100 -Year Flood Level The 100 -year flood level is the sum of t Olean lake level and storm surge with a combined probability of a 100 -year return periodd?e., on average, has a 1 percent probability of occurring in any given year or on average oncet,i9100 years). 5.1.3.4 100 -Year Flood L for Lake Erie The 100 Year Flood levt, Poor Lake Erie are illustrated in Table 5.1 below (figures derived from Lake Erie Shorelinkeagement Plan, 2010): NPCA POLICY DOCUMENT Page 510 of 751 Location 48 Table 5.1: 100 Year Flood Levels for Lake Erie 100 Year Flood Elevation (m GSC) Floodproofing Elevation (m GSC) • Sector E-21 Mohawk Point (SMP reaches 1-1 and 1-2) • Sector E-22 Port Colborne (SMP reaches 2-1 to 7-4) • Sector E-23 Port Abino (SMP reaches 7-4 and 7-9) • Sector E-24 Crystal Beach (SMP reaches 8-1 and 9-3) • Sector E-25 Fort Erie (SMP reaches 10-1 and 10-10) 176.7 176.8 176.9 177.0 177.1 177.0 177.3 177.3 (� 1 177.6 5.1.3.5 100 -Year Flood Levels for Lake Ontario The 100 Year Flood levels for Lake Ontario are illust� from Lake Ontario Shoreline Management Plan, 20 f JQ' in Table 5.2 below (figures derived Table 5.2: 100 Year Flood Levels for Lake Ont.wic Location • Fifty Point to Port Welltr�' eaches 0 to 36 • Port Weller to Iyissauga Point , reaches 37 to 58 100 Year Flood Floodproofing Level (metres GSC) Elevation (m GSC 76.01 76.50 76.15 76.62 '\ V 5.1.3.6 Flood Hazard Area along the Great Lakes Shoreline The shoreline policies restrict (except as permitted in accordance with the policies of this document) development within the flooding hazard. The flooding hazard limit considers the cumulative impact of the 100 -year flood level, wave uprush and other water related hazards. Specifically, the flooding hazard combines the 100 -year flood level (i.e., static water level, storm surge, and wind setup), and a flood allowance for wave uprush and other water related hazards. In the absence of a site-specific wave uprush assessment, a 15 m horizontal setback shall be applied as a conservative estimate of wave uprush. A reduction to this setback shall only be NPCA POLICY DOCUMENT Page 511 of 751 49 considered if an engineering analysis (completed by the applicant and approved by the NPCA) justifies the reduction. Figure 5.2 illustrates the shoreline flood hazard. Figure 5.2: Great Lakes Shoreline Flooding Hazard Flooding Hazard Limit 100 year flood level G's\, 5.1.3.7 Wave Action arave Uprush Flood Allowance: 15m For wave uprush and other water related hazards +0 V` nCnCV`•^ ptted from Ministry of Natural Resources G (NOT TO SCALE) Winds can drive watarther inland. The extent of the wave uprush can be influenced by a range of site-spetjQ factors, such as the presence of shore protection works or other structures. For planning purposes, the generic allowance for wave uprush is 15 metres (49 feet) to be measured horizontally from the 100 year flood level. However, given the potential variability along the shorelines, a site-specific analysis completed by a qualified engineer may be required to determine the appropriate wave uprush allowance on a specific site. 5.1.4 Great Lakes and Niagara River Erosion Hazard 5.1.4.1 Approach to Erosion Hazards along the Great Lakes In general, development is restricted within the erosion hazard and is subject to mitigation measures prior to development approval. Certain forms of development are prohibited. NPCA POLICY DOCUMENT Page 512 of 751 50 5.1.4.2 Erosion Allowance and Slope Stability Allowance Shoreline lands along the Great Lakes shoreline and at the mouth of the Niagara River are the lands that are subject to erosion and in some cases, slope stability issues. Erosion is the loss of soil/rock at the ground surface, while slope failure consists of large masses of soil/rock sliding along a planer surface. The erosion hazard is determined by the sum of the following elements: a. Erosion allowance; and, b. Stable slope allowance. Figure 5.3 illustrates the Great Lakes shoreline erosion hazard. Figure 5.3: Great Lakes Shoreline Erosion Hazard cb Erosion Hazard Limit Stable Slope AllowanneeO 3timesbluffhei tom-- Existing GEN a _I 1 G\. 3 NPCA POLICY DOCUMENT +_Stable Slope Toe of Cliff/Bluff/Bank Erosion Allowance 100 times the Average Annual Recession Rate Bluff Height NOT TO SCALE Page 513 of 751 51 5.1.4.3 Erosion Allowance The erosion allowance varies along the shoreline based on the annual recession rate and the presence of shore protection. The erosion allowance, measured from the limits of the stable slope allowance, shall be calculated based on the recession rate times 100 years. If shore protection exists, the erosion allowance can be reduced by the approximate remaining functional life of the shore protection. 5.1.4.4 Stable Slope Allowance The stable slope allowance along the Great Lakes shoreline is 3:1 (horizontal to vertical) in the absence of a site specific geotechnical study (see Policy 6.1.4.8). 5.1.4.5 Technical Studies Technical studies undertaken by a qualified coastal engineer an be required to determine the exact extents of the of the shor erosion hazard limits. J4:6 5.1.5 Great Lakes Dynamic Beach Haz 5.1.5.1 Approach to Dynamic Beach Hazard c) The dynamic beach hazard is the area of,s able accumulation of shoreline sediments along the Great Lakes. The dynamic beach rd within NPCA's regulated areas shall be mitigated prior to development approval. ThzseRZlre 23 dynamic beaches along the shores of Lake Erie and 10 located along the shores oBtake Ontario. In general, development is restricted within dynamic beach hazard andorktubject to mitigation measures, including non-structural and structural protection me$�ires (refer to the current Lake Erie and Lake Ontario Shoreline Management Plans, mended from time to time). Certain forms of development are prohibited. 1104, geotechnical engineer may 5.1.5.2 Defining the Hazard A dynamic beach is defined where the beach deposit is at least 30 cm in thickness, 10 metres in width and 100 metres in length based on provincial standards. The generic setback for development along the Great Lakes shoreline should be 30 metres (98 feet) from the limits of the shoreline flood hazard (Figure 5.4). A site-specific analysis completed by a qualified engineer may be completed to determine the extent of the dynamic beach hazard. NPCA POLICY DOCUMENT Page 514 of 751 Figure 5.4: Dynamic Beach Hazard Dynamic Beach Hazard Limit Flooding Allowance Dynamic Beach Allowance (For wave up- rush and other water related hazards) 100 year 'Rood level 30m (General recommended allowance) loffe— • ` 1 NNN ;on� 443' Rakrptatl wo Ministry of Natural Resources 52 5.2 POLICIES FOR PLANN AND REGULATING SHORELINE HAZARDS ) 5.2.1 Objectives Qa G The objectives for the shore( hazard policies are to: a) Prevent loss of 1 and minimize potential for property damage and social disruption; b) Reduce th tential for incurring public costs associated with the impacts of shoreline hazards; c) Manage existing risks and reduce the potential for future risks; d) Promote the conservation of land and a co-ordinated approach to the management of the shoreline; and, e) Reduce the potential for adverse impacts, including pollution, on the ecological function of shorelines. NPCA POLICY DOCUMENT Page 515 of 751 53 5.2.2 Development within the Shoreline Hazard Area Development shall not be permitted within the limits of the Great Lakes shorelines hazard area, unless otherwise permitted in the policies of this section. 5.2.3 Prohibited Uses Notwithstanding the policies of this section, the following uses are prohibited within the Great Lakes shoreline hazard area: a) Sensitive uses, such as hospitals, nursing homes, day-cares/pre-schools and schools; b) Emergency services facilities; P\CZ) c) Uses associated with the disposal, treatment, manufacturing/,ppessing or storage of hazardous substances; , d) Any other use or development deemed to be inappro 4101,. • to based on the objectives stated in 5.2.1. ,1\ JQ' 5.2.4 Repairs, Maintenance and Ir> for Alterations to Existing G Buildings and Structures Repairs and maintenance, including interior ation to existing buildings and structures within the flood hazard, dynamic beach hazard stable slope allowance and the erosion allowance are permitted. The NPCA will advise t}applicant of the potential risks associated with the site, including any potential risks relato flooding, slope failure and erosion. Replacement of a roof or exterior siding is also p rnitted. Increases to the total number of dwelling units is not permitted. 5.2.5 New, table Buildings and Additions 5.2.5.1 New Habitable Building and Ground Floor Additions New habitable buildings/structures, including redevelopment and ground floor additions: a) Are not permitted within the stable slope allowance or the dynamic beach hazard. b) May be permitted within the flooding hazard provided: i. Means are provided to mitigate the wave uprush hazard (i.e. shutters installed on windows). NPCA POLICY DOCUMENT Page 516 of 751 54 ii. Means are provided to mitigate the 100 year flood hazard (i.e. no openings are constructed within the structure below the regulatory 100 year flood elevation and safe access/egress is provided). iii. The NPCA is satisfied that no practical alternative exists to locate the proposed structure outside of the flooding hazard. c) May be permitted within the erosion allowance provided: i. It meets the requirements of the shore protection work standard to the maximum extent and level possible based on site-specific conditions; ii. It utilizes maximum lot depth and width; pp.�� Uses a setback from the stable slope allowance of 7.5 md6��3 (25 feet). At the discretion of the NPCA, any setback that is proposed td' less than 7.5 metres may be required to be supported by a geotechnical sttrdq. iv. The NPCA is satisfied that no practical alternati_v5dsts to locate the proposed structure outside of the erosion hazard. �`� OJO 5.2.5.2 Additional Storeys Proposals for additional storeys to existing devckbpfnent located within the shoreline flood hazard and/or the erosion allowance may be 6 itted provided: a) Safe access and egress is provide.. b) No new dwelling units are cre$l as a result of the addition; c) Other proposed improver 'ts required to accommodate additional storeys, such as a replacement to an exy g septic system, comply with the policies of this document; and, (6.C\ d) The proposed ajtion is not located in the stable slope allowance. 5.2.6 Replacement and Relocation of Existing Habitable Buildings The following policies apply to the replacement or relocation of existing habitable buildings including those structures where the ground floor area is proposed to be expanded: a) Buildings destroyed by flood and/or erosion forces will not be permitted to be reconstructed at the same location unless it can be conclusively demonstrated that the Great Lakes Hazards can be adequately mitigated to the satisfaction of the NPCA. b) Buildings destroyed by forces other than flood and erosion may be reconstructed/ relocated within the erosion allowance provided: i. Adequate shore protection is in place; NPCA POLICY DOCUMENT Page 517 of 751 55 ii. Meets the minimum setback of 7.5 metres (25 feet)from the stable slope. At the discretion of the NPCA, any setback that is proposed to be less than 7.5m shall be supported by a geotechnical study. iii. The NPCA is satisfied that no practical alternative exists to locate the proposed structure outside of the erosion hazard; and, iv. The proposed development meets all other relevant policies of this Document. c) Buildings destroyed by forces other than flood and erosion may be reconstructed/ relocated within the stable slope allowance provided: i. The building/structure is of the same use, the same size or smaller than the original building/structure and contains the same number of dwelling units; ii. The NPCA is satisfied that no practical alternative exists to• ,r.ate the proposed structure outside of the stable slope allowance; eQs iii. Adequate shore protection is in place; , iv. A supporting geotechnical study is provided 6licating that the proposed development will not be adversely impacted b adjacent slope; and, v. The proposed development meets all othervant policies of this Document. e) Buildings destroyed by forces other than fland erosion may be reconstructed/ relocated within the Dynamic Beach Nazar. ,Tr. vided: i. the proposed building/structureik the same use, the same size or smaller than the original building/struct that was destroyed and contains the same number of dwelling units;,1 s ii. the design minimizes &act on the dynamic beach (to the satisfaction of the NPCA); 6 iii. the NPCA is sa r' -d that no practical alternative exists to locate the proposed structure o ,� �e of the dynamic beach hazard; and, iv. The prW5ed development meets all other relevant policies of this Document. 5.2.7 Non bitable Major Structures The following policies apply to non -habitable structures greater than 10 m2: a) Major structures are not permitted within the stable slope allowance or the dynamic beach hazard. b) Major structures may be permitted within the flooding hazard provided it incorporates flood -proofing. c) Major structures may be permitted within the erosion allowance provided: i. Adequate shore protection exists; ii. It utilizes the maximum lot depth and width; and, NPCA POLICY DOCUMENT Page 518 of 751 56 iii. Uses a setback from the stable slope allowance of 7.5 metres (25 feet). At the discretion of the NPCA, any setback that is proposed to be less than 7.5 metres may be required to be supported by a geotechnical study. 5.2.8 Decks and Non -Habitable Minor Structures The following policies apply to decks (which are not enclosed) and non -habitable structures less than 10 m2: a) Minor structures are not permitted within the stable slope allowance or the dynamic beach hazard. b) Minor structures may be permitted within the flooding hazard prRdd safety concerns due to flood hazards are addressed. c) Minor structures may be permitted within the erosion allowal�c� provided: i. Adequate shore protection exists; and, Q1� ii. The location of the structure does not obstruacvnaintenance access to and along existing shoreline protection works. OJ 5.2.9 Swimming Pools •c>'(\ $ Swimming pools are not permitted within t e oreline flooding hazard, stable slope allowance or dynamic beach hazard. Swimming pq Is may be permitted within the shoreline erosion allowance provided: a) Adequate shore protec • It CGS xists; b) A setback of 7.5 me '? rom the stable top of slope will generally be required. Where a setback less thanD70metres is proposed, a geotechnical study may be required. c) Drainage impaID are addressed; and, d) The locatietsgf the pool does not obstruct maintenance access to and along existing shoreline protection works. 5.2.10 Boardwalks and Other Structures The following policies apply to boardwalks and other structures: a) Boardwalks are not permitted within the dynamic beach hazard, except as dune cross- overs at selected points. b) Boardwalks are not permitted along the shore within the stable slope allowance. Only perpendicular access to the shoreline is permitted. NPCA POLICY DOCUMENT Page 519 of 751 57 c) Boardwalks may be permitted within the flooding hazard provided safety concerns due to flood hazards are addressed. d) Boardwalks may be permitted within the erosion allowance provided the structure is not at risk to erosion hazard for 10 years (3 metres). e) Buildings or structures which, by the nature of their use, are located in proximity to water, such as docks and boathouses, may be permitted within the shoreline hazard area. Detailed site specific evaluations with respect to erosion, flooding and dynamic beach hazards will be required to permit development. 5.2.11 Septic Systems (Great Lakes Shoreline Hazard) kib New septic systems are not permitted within the shoreline hazard arhhe replacement of septic systems which are associated with an existing use may be pe mmitd within the shoreline hazard area if it has been demonstrated to the satisfaction of ti6 NPCA and other regulatory agencies that the control of flooding, erosion, pollution, dynalAc beaches or the conservation of land will not be increased. Where feasible, the locate bbff the replacement septic system shall be located outside of the shoreline hazard area. +Q 5.2.12 Ecosystems Approach to Sin he Protection Works Shoreline protection works are generally d�d as a combination of structural works with landform modifications designed, and eructed, to address the impacts of flooding and other water related hazards and to arrestrl'Yandward retreat of shorelines subject to erosion. The shoreline zone is characterized he complex interaction of short-term and long-term water level variations, waves and curreniorphology, sediments and protection structures. A proponent may have to demonstrate laN shoreline treatment considers ecological function and features to address the consern of land. Shoreline protection works shall consider natural coastal processes and betive against long-term erosion, preserve cobble/shingle beaches, protect/regenerate aquatic and terrestrial habitat, and not adversely impact neighbouring shoreline. There may be circumstances when ecological considerations may require either specialized shore protection methods or consideration for zones of no shoreline protection to allow for natural processes to occur (ecological function). Many species (including some that are species at risk) depend on changing dynamic beach processes and shoreline protection alternatives which allow for these beach processes to continue shall be considered. NPCA POLICY DOCUMENT Page 520 of 751 58 Wherever possible, proposed shoreline protection works shall conform to the recommendations of the Lake Erie and Lake Ontario Shoreline Management Plans, as amended from time to time. 5.2.13 Shoreline Protection Works The design and installation of the protection works should be such that access to the shoreline protection works by heavy machinery for regular maintenance purposes and/or to repair the protection works, should failure occur, should not be prevented. The shoreline policy requires a minimum 5 metre wide access to, and along, the shoreline protection works. The following outlines the requirements for applicants proposing shoreline protection wordz5: a) The purpose or objective of the proposed works must be cle defined; b) The shoreline works must be designed according to �c±epted scientific coastal engineering principles, and shall conform toy recommendations of the appropriate Shoreline Management Plans; c) The works may be required to be designebaned the installation supervised by a professional engineer with experience andalifications in coastal engineering; d) Slope stability may be required to. `Ie".�ssessed by a professional geotechnical engineer; G e) The ownership of land, where protection works are proposed, must be clearly established by the applicantbsc• f) Where the applicant d e of own the land, written permission shall be obtained from the landownerkl®�t a private citizen, corporation, municipality or the Crown) allowing for the c uction of the proposed shore protection; The design and i tstallation of protection works must allow for a 5.0m wide access corridor to along the protection works for equipment and machinery in order to underkeo maintenance and repair of the protection works should failure occur (where shore protection works are shared across properties, a shared access route may be provided); h) The proponent shall demonstrate how the conservation of land has been achieved; i) The works should not aggravate existing hazards and/or create new hazards at updrift or downdrift properties; j) In areas of existing development, protection works should be coordinated with adjacent properties; and, k) All works should be located above the 80th percentile of the High Water Mark as defined by Fisheries and Oceans Canada: Lake Erie 174.62m and Lake Ontario 75.32m (IGLD 1985). g) NPCA POLICY DOCUMENT Page 521 of 751 59 The NPCA will endeavour to provide copies of all shore work permits to the relevant municipality. 5.2.14 Changes in Use When commenting on applications for a change in land use which is within the shoreline hazard area, the NPCA will consider the following: a) Potential for increased risks associated with shoreline hazards, including flooding, erosion and dynamic beaches; b) Potential opportunities for mitigation of shoreline hazards; c) Potential for adverse impacts related to the conservation land and ecological functions; " d) Potential for adverse impacts associated with pollution e) Other relevant aspects based on the site specifics. oJ� G) NPCA POLICY DOCUMENT Page 522 of 751 60 6.0 VALLEY 6.1 WHAT ALLEYLAND EROSION HAZARDS? ..��o 6.1.1 VaIley� • cc\K; G ND EROSION HAZARD • Valleys are depressional features associated with a river or stream, which may or may not contain a watercourse. Where a watercourse is present, the watercourse may be either permanent or intermittent. The boundaries of a valley are defined by the primary top of bank on each side of the landform depression. The valleyland resources within the NPCA jurisdiction can be categorized by - steep 'V' shaped valleys and broad 'U' shaped stream corridors. Generally, the steep valley systems are found north of the Niagara Escarpment in the western portions of Niagara -on -the -Lake and St. Catharines, as well as the eastern portion of the Town of Lincoln. The broader stream corridors NPCA POLICY DOCUMENT Page 523 of 751 61 are found south of the Escarpment, in Fort Erie, Port Colborne and Wainfleet and Haldimand County. 6.1.2 Valleyland Erosion Hazard 6.1.2.1 Erosion Hazard Erosion hazard refers to the loss of land, due to human or natural processes, that poses a threat to life and property. The erosion hazard limit is determined using considerations that include the 100 year erosion rate (the average annual rate of recession extended over a one hundred year time span), an allowance for slope stability, and an erosion/erosion acc s allowance. (PPS, 2014). The erosion hazard limit includes two different elements: erosion slope stability. 6.1.2.2 Erosion Erosion means the process of gradual washing away of soil -Water movement or seepage which may occur in one of the following ways: 0 J a) Rainfall or snowmelt and surface runoff (shee or gully erosion); b) Internal seepage and piping; N(3 c) Water flow (banks or base of river, cree.c; hannel); and d) Wave Action (shorelines of ponds, Iand bays) Erosion impacts soil at the particle ebcCl by dislodging and removing the particles from the parent mass (with water being tansporting agent). Wind and frost may also weather and transport soil particles. 6.1.2.3 Slope Instabil/#)X' NO Slope instability i tla sudden movement or sliding of a large mass of soil over a failure plane. Slope instability can occur in many ways, such as: a) Changes in slope configuration, such as steepness or inclination; b) Increases in loading on or near the slope, such as structures or filling; c) Changes in groundwater conditions or soil drainage (e.g. heavy rainfall, spring melt, drainage blocked by filling, broken watermains, etc.); d) Loss of vegetation cover and root systems; and, e) Slope erosion (MNR Technical Guide, River and Stream Systems: Erosion Hazard Limit, 2002). NPCA POLICY DOCUMENT Page 524 of 751 Certain valleys in Niagara have, in recent years, exhibited slope failure problems. These problems have been aggravated by historical development situated in very close proximity to, or on, the top of valley slopes. This situation, in combination with varied soil characteristics, groundwater hydraulics/movement and historical fill placement (for example), has created damaging and dangerous situations. The Twenty Mile Creek Valley in Lincoln and the Twelve Mile Creek Valley in St. Catharines are two such areas. Historic development patterns have created situations where homes and businesses are now experiencing great risk of major damages due to slope instability problems. Solving these types of problems throu 'structural' means can be prohibitive and may also 62 rsely impact the ecological integrity of the valley system. As a result, a comprehensivejon-structural' approach to deal effectively with development in these situations is of gre�t+�' nn ortance. NPCA POLICY DOCUMENT Page 525 of 751 63 6.1.3 The EcologiOl Importance of Valleylands It is also importa�ntOorecognize that valleylands have important ecological functions. Some valleylands conne'c``t natural areas over large distances, providing corridors for terrestrial, aquatic and avian species. Valleylands can also promote biodiversity, as they have the ability to support a diverse range of habitats resulting from microclimate variations. Accordingly, the policy framework for regulating development in and near valleylands considers aspects related to the erosion hazard and also potential for adverse impacts on ecological features and functions associated with the valleyland (in these instances, the policies refer to the conservation of land). NPCA POLICY DOCUMENT Page 526 of 751 64 6.1.4 Defining the Valleyland Erosion Hazard 6.1.4.1 Regulated Valleylands The policies of this Document apply to erosion hazards associated with apparent valleys where the bank height is equal to or greater than 3 metres in height (approximately 10 feet), the slope is steeper than 3 (horizontal) to 1 (vertical), and includes adjacent lands. 6.1.4.2 Physical Top of Slope The physical top of slope is defined as the evident transition point between the plateau lands and the face of the slope. Where the physical top of slope is required tog?, established, site inspections with the applicant and Authority staff are to be undertaThe NPCA approved physical top of slope shall be marked in the field. The applicantK,ll then submit drawings indicating the surveyed location of the `NPCA approved' physicaj,`op of slope for NPCA review and approval. S`Q 6.1.4.3 Stable Top of Slope `OJT The physical top of slope and the stable top of Ie may be coincident. However, in some cases, due to specific on-site conditions (such ibpe inclination, proximity of the watercourse to the toe of slope, soil conditions, erosion .) the stable top of slope may not be located at the physical top of slope, but rather may,``9located landward from the physical top of slope. The stable top of slope is to be est6rtghhed by a professional geotechnical engineer utilizing the guidelines and manuals outlinn chapter 12, to the satisfaction of NPCA staff. Where no geotechnical assessment h,been undertaken, the stable top of slope is based on a line projected upwards frome base of the slope at a 3:1 (horizontal to vertical) angle. In addition to the requirements`Qutlined in Section 12, the geotechnical assessment must take into consideration, an6ake recommendations pertaining to: construction equipment/access; limit of work area; vegetation protection; sediment and erosion controls; drainage; etc. 6.1.4.4 Defining the Erosion Hazard The erosion hazard shall be the sum of the following elements (Figure 6.1): a) The location of the stable top of slope or the physical top of slope, whichever is determined to be further landward on the plateau; NPCA POLICY DOCUMENT Page 527 of 751 65 b) A slope stability allowance of 7.5 metres (25 feet) from the most landward location of either of the stable top of slope or the physical top of slope8; and, c) The toe erosion allowance, where a watercourse is located less than 15 metres (49 feet) from the toe of slope. Figure 6.1: Valleyland Erosion Hazard Erosion HazpCikimit Slope Stability Allowance 7.5m Physical Top of Slope `q� O J� G•>C\ ot G`` `O Toe of Slope Top of Stable Slope 1 -,o �ROoN Watercourse Toe Allowance (Less than 15 metres) 8 Ontario Regulation 155/06 allows the N PCA to regulate development within 15 metres of the stable top of slope. In practice and in policy, the NPCA has historically regulated development within 7.5 metres of the stable top of slope (refer to policy 3.25.3 of NPCA's previous policy document entitled "Policies, Procedures and Guidelines for Administration of Ontario Regulation 155/06 and Land Use Planning Policy Document (2011)". NPCA POLICY DOCUMENT Page 528 of 751 66 6.1.4.5 Stable Slopes Stable slopes are slopes which have been previously defined as such through geotechnical investigation or have been confirmed to be stable through a field investigation and do not reveal evidence of any of the following: a) Bare slopes absent of any vegetation; b) Outward tilting of trees; c) Toe erosion at the base of the slope; d) Slumping, gullying or other visible erosion processes; e) The addition of fill material; f) Containing an easily eroding soil type (i.e. Short Hills area of Pelhontains soil types which are highly erodible and easily susceptible to gully erosion g) Where the angle of the slope is gentler than 3(horizontal):1 (Nrtical). In the absence of a previous geotechnical investigation and ite the presence of the above noted conditions, depending on the scope, nature, and lQggion of the proposed development, the NPCA may still require that a geotechnical invation be undertaken to confirm the location of the stable top of slope. 6.1.4.6 Unstable Slopes Unstable slopes are slope which have ence of any of the following: G a) Bare slopes absent of anytation; b) Outward tilting of tree c) Toe erosion at the of the slope; d) Slumping, gull ,or other visibly erosion processes; e) The additiveII material; f) The presences of a watercourse within 15 metres (49 feet) of the toe of slope; g) Containing an easily eroding soil type (i.e. Short Hills area of Pelham contains soil types which are highly erodible and easily susceptible to gully erosion); or, h) Where the angle of the slope is steeper than 3(horizontal):1 (vertical). Unstable slopes shall require a geotechnical investigation to determine the extent of the erosion hazard and determine appropriate development setbacks. 6.1.4.7 Toe Erosion Allowance A toe erosion allowance may be required where a watercourse is located less than 15 metres (49 feet) from the toe of a slope to address the potential for erosion along the bank of the NPCA POLICY DOCUMENT Page 529 of 751 67 watercourse which may increase the risk of slumping and slope failure. The toe erosion allowance shall be defined as one of the following: a) The average annual recession rate, based on 25 years of data to determine the toe erosion allowance over a 100 year period; b) A 15 metre toe erosion allowance to be measured inland horizontally and perpendicular to the top of the watercourse slope; c) Toe erosion allowance based on a geotechnical study completed by a qualified professional engineer; or, d) Toe erosion allowance based on soil types and hydraulic processes as illustrated in Table 6.1 (from MNR Technical Guide, River and Stream Systems: Erosion Fbard Limit). n\) Table 6.1: Minimum Toe Erosion Allowance, Where a Watercourse is Less than 15 metre from the Toe of Slope Type of Material (native soil structure) Evidence of Active Erosion or Nq where the bankfull flow is OJ greater than competent flo Bankfull Width velocity •(•(3 G� Hard Rock (e.g. granite) 0-2m �� Om 2-5m C) Clays, clay -silt, gravels oz* -8m 1m i�ence of Active Erosion < 5m Soft Rock (e.g shale, limestone), cobbles, boulders Om Sand, silt 8-15m 6.1.4.8 Geotechnical Study 1-2m 5-30m >30 m Om 1m 1m 2m 2m 4m 5m 7m The NPCA may request that the applicant undertake a geotechnical study, completed by a qualified professional geotechnical engineer, to confirm the location of the top of stable slope and/or the potential for slope failure on lands which have evidence of unstable slopes. The results of the geotechnical study shall define the extent of the erosion hazard, taking into account the specific site characteristics and the nature of the proposed development. Geotechnical studies should be based on the MNR's Technical Guide for River and Stream Systems: Erosion Hazard Limit (2002) and must demonstrate that there is no increased risk to life or property. An appropriate factor of safety shall be incorporated into all designs/analysis based on the consequences or risks to land use or life in the event of slope failure. The NPCA POLICY DOCUMENT Page 530 of 751 68 recommended minimum factors of safety are provided in Table 6.2 (from the MNR's Technical Guide). The NPCA reserves the right to have any and all studies peer reviewed at the expense of the applicant. The NPCA also reserves the right to have studies updated where the time of the report is considered to be out -dated. Table 6.2: Design Minimum Factors of Safety Land Use PASSIVE; no buildings near slope; farm field, bush, forest, timberland, woods, wasteland, badlands, tundra LIGHT; no habitable structures near slope; recreational parks, golf courses, buried small utilities, tile beds, barns, garages, swimming pools, sheds, satellite dishes, dog houses Design Minimum Factor of • 1.10 ��' xQ� to 1.30 ACTIVE; habitable or occupied structures neak�� slope; residential, commercial, and indus buildings, retaining walls, storage/wa_rerising of non -hazardous substances INFRASTRUCTURE and PUBL • E; public use structures or buildings (i.e. •4.spitals, schools, stadiums), cemeteries eolges, high voltage power transmission bi@'S, towers, storage/warehou�i vgvof hazardous materials, waste management areas • 1.30 to 1.50 • 1.40 to 1.50 Source: Technical Guide - River and Stream Systems: Erosion Hazard Limit 2002, Ontario Ministry of Natural Resources NPCA POLICY DOCUMENT Page 531 of 751 69 6.2 POLICIES FOR PLANNING AND REGULATING VALLEYLAND EROSION HAZARDS 6.2.1 Objectives The objectives of the erosion hazard policies are to: a) Prevent the loss of life; b) Minimize property damage; c) Reduce the potential for incurring public costs associated with the impacts of erosion hazards; fb d) Manage existing risks and reduce the potential for future ris e) Promote the conservation of land through the protectiq� adverse impacts on ecological features and functions of valleylands. ,` 6.2.2 Permitted Uses J4:6� Generally, development within valleyland erosion ha limits shall not be permitted, except in accordance with the policies of this Dour "`. Notwithstanding the limitations on development, the following forms of developer may be permitted at discretion of the NPCA: a) Structures associated with erosi nd sediment control, as well as any flood protection works; G b) Infrastructure approved -ough an environmental assessment process may be permitted where it }p'been demonstrated that the control of erosion, flooding, pollution and they servation of land will not be affected or can be satisfactorily mitigated; e) a) Minor re Y(less than 25 m3) and placement of fill and site grading within the erosion hazard (but not below the physical top of slope) may be permitted where it has been demonstrated to the satisfaction of the NPCA that the control of erosion, flooding, pollution and conservation of land will not be affected; and, b) Development associated with existing uses located within the erosion hazard area in accordance with policy 6.2.4. c) Passive public recreational uses, such as trails and pathways, as well as any associated structures, such as steps, staircases and lookouts in accordance with policy 6.2.6. NPCA POLICY DOCUMENT Page 532 of 751 70 6.2.3 Prohibited Uses Notwithstanding the policies of this section, the following uses are prohibited within the erosion hazard area: a) Sensitive uses, such as hospitals, nursing homes, day-cares/pre-schools and schools; b) Emergency services facilities; c) Uses associated with the disposal, treatment, manufacturing/processing or storage of hazardous substances; d) Any other use or development deemed to be inappropriate based on the objectives stated in 6.2.2. 6.2.4 Existing Development, Additions and Replacement Structures 6.2.4.1 Existing Development Located within 7.5 metres of able Top of Slope Replacements of existing buildings and structures, as well ,dditions to existing buildings and structures may be permitted where they exist withinmmetres (49 feet) of the stable top of slope. In this circumstance, the following policies wi ply: B a) the replacement or addition shall not e ch any closer to the stable top of slope than the existing development at its closeoint; b) even if existing development ieser than 7.5 metres (25 feet) to the stable top of slope, no new developmen ikpermitted within 7.5 metres of the stable top of slope in order to provide for an eaten access allowance as per the Provincial Policy Statement; c) a geotechnical assess rr t by a qualified engineer (at the expense of the applicant), may be required to detiine the location of the stable top of slope and to determine if the proposed dev®Jnent would have an adverse impact on slope stability; and, d) In casesirae the building or structure can be reasonably relocated outside of the setback the applicant shall be required to do so. 6.2.4.2 Existing Lots of Record For existing lots adjacent to valleys (bank height equal to or greater than 3 metres), a minimum setback of 7.5 metres (25 feet) from the NPCA approved physical top of slope as surveyed by the applicant shall be required for stability purposes and the conservation of land, for all development, buildings, and structures (including swimming pools). Notwithstanding the minimum 7.5 metre setback noted in this policy, a smaller setback may be considered where an existing lot of record contains insufficient depth to accommodate required NPCA POLICY DOCUMENT Page 533 of 751 71 setbacks and a geotechnical investigation reveals that some infringement within the setback area, together with mitigative measures can be accommodated on-site while maintaining bank stability and will result in no adverse long term environmental impacts. In no case shall the setback reduction be such that development is allowed beyond the physical top of slope. In no case shall the setback be reduced to less than 6 metres. 6.2.4.3 Existing Development Located on the Valley Wall In specific cases where buildings, structures or private access roads already exist on a valley wall or valley floor, reconstruction or alteration may be permitted subject to the following: a) Best efforts must be undertaken to relocate the existing structure side of the valley and associated tableland regulation limit; �0 b) No increase in the size of building will be permitted for the rg gristruction of a structure on the valley wall or valley floor; & c) Notwithstanding 6.2.4.3.b, a maximum addition of 28 are metres may be permitted, subject to meeting 6.2.4.3.d -i; J° d) A qualified professional must complete a geotfcal study to determine the risk of the proposed work. The study will include an� ,a� ssment of the stability of the valley wall, rate of erosion or recession of the vallec all, access issues and an assessment of the construction technique on the valley II. The design of any works must ensure that the long-term stability of the valley is maintained and that no risk to life or property damage is anticipated (refer tte icy 6.1.4.8 for additional details); e) There is no change in land and no increase in the number of dwelling units; f) Adequate existing safe i r'ress and egress exists; g) The proposed devela cent does not result in a need to increase the size or location of a private subsurfa�jsewage disposal system; h) No adverse,� €9onmental impacts to existing ecological features and functions and the conservat{ N of land is maintained; and, i) There is no increase in risk associated with the five tests under the Conservation Authorities Act. 6.2.5 New Development 6.2.5.1 Erosion Access Allowance A minimum setback of 7.5 metres (25 feet) from the NPCA approved physical top of slope (surveyed by the applicant in accordance with the policies of this document) or the location of the Stable Top of Slope (whichever is furthest landward) shall be required, to ensure perpetual NPCA POLICY DOCUMENT Page 534 of 751 72 stability of the slope and for the purposes of conservation of land, for all development including new lots, swimming pools, subsurface sewage disposal system and the placement of fill. The valley shall be maintained in a natural state and there shall be no disturbance of grades or vegetation below the physical top of slope or within the 7.5m setback. 6.2.5.2 Urban Area Infilling Situations Notwithstanding the required 7.5 metre setback, a reduced setback may be permitted for infilling situations upon consultation with the local municipality regarding site specific constraints which may necessitate a reduced setback. When considering potential for a reduced setback, the NPCA will require a geotechnical study. 6.2.6 Passive Recreational Uses within Valleyland Erix�sion Hazard It is recognized that certain forms of passive recreational uses6n be appropriate for public within a valleyland setting. Passive recreational development, lications within or adjacent to erosion hazard limits and valleylands will be considered sL It to the following criteria: a) There are no adverse impacts on ecological f iOes or functions; b) No new buildings or structures are locathin the erosion hazard limits, apart from those exceptions noted in item c belo c) All new development is set back f stable top of slope or toe of slope in accordance with the policies of this section`o rt from access routes and lookouts; and, d) Proposed access routes 6ti lookouts may require a supporting geotechnical investigation to be undeen; and, e) A re -vegetation plan i ubmitted for review and approval by the NPCA, demonstrating that there is no nntCtbss of natural vegetation. 6.2.7 Use btRative Species The NPCA requires the use of native species on disturbed valley slopes to minimize erosion. Where through the review of proposed development it is determined that there has been historic disturbances to the valley slope, the NPCA encourages re -vegetation of the slope using native species. The NPCA may require that applicants submit a landscaping and vegetation plan in support of any application that has been made for development within or adjacent to valleylands. NPCA POLICY DOCUMENT Page 535 of 751 73 6.2.8 Overland Drainage Overland drainage shall be directed away from valley slopes. Notwithstanding this requirement, overland drainage may be permitted where there is no alternative means to convey overland flow. In such cases, the NPCA will require: a) Overflow flow be dispersed before discharge over the physical top of slop (concentrated flow will not be permitted); b) Demonstration that overland flow will not compromise the long term stability of the slope (this may require a geotechnical study); and, c) Demonstration that the overland flow will not adversely impact thg,e`Ocological features or functions of the valley. O� 6.2.9 Public Ownership of Valleylands Where the planning process allows, all valley and stream corr, Ves should be brought into public ownership to ensure public safety; protection of ecologiceintegrity of these systems and the quality of life for present and future residents of th tershed. The expectation is that this would be achieved at the time of a Planning Act appt4tion. V> 6.2.10 Valleyland Policy Directi1For Official Plans and Zoning By -Laws Local municipalities are encouraged tne all valleylands and stream corridors in their zoning by-laws in a manner which recnizes their inherent environmental characteristics and limitations to development anriich incorporates a minimum setback from the stable top of slope of 7.5 metres (25 feetie zoning shall be in conformity with the official plans. All lands located within etback area defined above shall be surveyed and zoned in the appropriate "Open Seb", "Hazard" or "Greenspace" category. Wherever possible, existing vegetation shoulc6e maintained in the setback areas. Any works within a setback area will be reviewed and approved by the Conservation Authority. In some situations, enhancement by natural landscaping and additional native planting to create a vegetative buffer area may be required. The native vegetation in the setback area develops an extensive root network which binds and stabilizes the bank and protects it from erosive forces of rainfall and runoff. bioengineering may be used to stabilize erosion prone areas. NPCA POLICY DOCUMENT Page 536 of 751 ...III P., _ . -- _ _ _-- .- ry; .R,.� `� aim - �_• �..'- 74 r _ e ^v 7.0 HAZARDOI SITES 7.1 WHAT ARE,J'LARDOUS SITES? 7.1.1 Hazardd'Sites and Hazardous Lands The Provincial Policy cyy Statement defines hazardous sites as lands that could be unsafe for development due to naturally occurring hazards. These may include unstable soils (sensitive marine clays Ueda], organic soils) or unstable bedrock (karst topography). The Conservation Authorities Act uses a similar term, referring to hazardous lands, which are lands that are unsafe to development due to naturally occurring processes. Naturally occurring processes includes flooding, erosion, dynamic beaches and unstable soils. In the context of the Conservation Authorities Act, the term hazardous lands is used as a general term, referring to a full range of natural hazards (i.e. flooding, erosion, unstable soils) . Earlier chapters in this document address hazardous lands associated with flooding (Chapter 4), dynamic beaches (Chapter 5), erosion and unstable slopes (Chapter 6). The following chapter provides guidance for hazardous lands NPCA POLICY DOCUMENT Page 537 of 751 75 associated with unstable soils, such as sensitive marine clays (leda clays), organic soils and unstable bedrock, such as karst formations (such as sinkholes and caves). The term hazardous site is used in this chapter to refer to naturally occurring hazards associated with unstable soils and unstable bedrock (similar in definition to the term hazardous sites which is used in the PPS to describe a similar feature). This chapter also provides guidance for unstable soils associated with back -dunes areas. 7.1.2 Defining and Assessing Hazardous Site Hazardous sites are considered to be part of the NPCA's regulated areas. Due to the site specific nature of areas of unstable soil or unstable bedrock, it is difficult to ideei ify these hazards without detailed mapping and studies. The potential for catastrophicr s in some areas of unstable soil and unstable bedrock warrant site specific studies to d�terrffine the extent of these hazardous sites, and therefore the appropriate limits of the haz. d and regulation limits. The regulated area will be based on the conclusions and recom Z.ations of such studies, to the satisfaction of NPCA. Accordingly, the limits for hazardousl4s, such as leda clays, organic soils and karst formations, shall be determined on a site -s c basis according to the Ministry of Natural Resources Technical Guide for Hazardou�S es (1996) and Understanding Natural Hazards (2001). The policies of this provide adnal context and guidance for two specific types of hazardous sites which are known to ng within the watershed: a) Karst formations; and, b) Back -dune areas. 7.1.3 Karst Formatwe 0 Karst is a landform that evelops on or in limestone, dolomite, or gypsum by dissolution and is characterized by t ec sence of features such as sinkholes, underground (or internal) drainage through solution-eriiarged fractures (joints) and caves. Karst formations can be significant geologic hazards. Sudden collapse of an underground opening of a sinkhole can cause surface subsidence that can severely damage overlying structures such as buildings, bridges or highways. Improperly backfilled sinkholes are prone to both gradual and sudden subsidence and similarly threaten overlying structures. Sewage, animal wastes and agricultural, industrial and ice control chemicals entering sinkholes as surface drainage are conducted directly and quickly into the groundwater/surface water systems. There are at least five known locations within the watershed with Karst formations: a) The Stoney Creek "Mountain" Area; NPCA POLICY DOCUMENT Page 538 of 751 76 b) The Smithville Area; c) The Gavora Drain and Balls Falls Area in Vineland, d) The Brow of the Niagara Escarpment Area; and e) The Onondaga Escarpment Area. (Geologic Hazard Mapping Study, Karst Topography, Phase I, NPCA Watershed Area, Terra Dynamics, 2006) 7.1.4 Back -Dune Areas There are a number of back -dune areas located in -land from shorelines of Lae Erie and Lake Ontario. Back dune areas are considered to be a natural hazard, as these I� cations which may be susceptible to slope failure and erosion, but may not be part of d�pparent valleyland or part of the shoreline hazard area (as overtime they receded beyohlthe extent of the shoreline area). Back dunes form as a result of long term changlake levels and a gradual recession of dune areas from the shoreline area. Figure 7.1 ill( is rates back -dune formation. The NPCA will evaluate the potential risks associated with deyopment on back -dunes on a case by case basis. CNV G) NPCA POLICY DOCUMENT Page 539 of 751 D Low 1995 Figure 7.1: Back -Dune Formation A High Lake Level circa 1300 AD? B Low Lake Level circa 1500 AD? C High Lake Level 1900 E High 1999 GO� QJ� F Low 2000 G High 2005 H Low 2010 2015 erosion cut far back in old dunes Adapted from Olson, J.S., 1958d. Dune development 3: lake -level, beach, and dune oscillations. J. Geol. 66, 473 — 483 NPCA POLICY DOCUMENT 77 Page 540 of 751 78 7.2 POLICIES FOR PLANNING AND REGULATING HAZARDOUS SITES 7.2.1 Objectives The objectives of the hazardous sites policies are to: a) Prevent the loss of life; b) Minimize property damage; c) Reduce the potential for incurring public cost associated with the impacts of hazardous sites; and, d) Manage existing risks and reduce the potential for future ris 7.2.2 Development Regulation on Hazardous Generally, development and/or site alteration shall not be petted on or near hazardous sites, including but not limited to karst formations, back -dun eeas and other areas where unstable soils/bedrock is known to exist. However, develoTiaent may be permitted subject to the completion of a geotechnical study completed b salified engineer which demonstrates that all hazards and risks associated with the site h been addressed. An EIS may also be required to ensure that there are no negative impaki> on the ecological function of natural features. In addition, development and/or site al tion may be permitted on or near hazardous sites where the effects and risk to pubkcAfety are minor and can be mitigated by addressing the following items: $c a) Applicable provincj (NS.) related to floodproofing, protection works and access can be met ankkee implemented; b) Vehicles a eople have a way of safely entering and exiting the area during times of flooding, er sion and other emergencies; c) Existing hazards are not aggravated; d) New hazards are not created; e) There are no negative impacts on ecological features or functions; and, f) All other relevant site development concerns are addressed to the satisfaction of the NPCA. NPCA POLICY DOCUMENT Page 541 of 751 79 7.2.3 Development within 50 metres of a Hazardous Site 7.2.3.1 Development within 50 metre of a Hazardous Site Development and/or site alteration shall not be permitted within 50 metres of a hazardous site unless it can be demonstrated that there are no adverse impacts to the hazard with respect to the control of flooding, erosion, dynamic beaches, pollution and conservation of land. The NPCA may require a geotechnical study. An EIS may also be required to demonstrate that there are no negative impacts on the natural features or their ecological function. 7.2.4 Prohibited Uses Notwithstanding the policies of this section, the following uses are prolf lands: dac a) Sensitive uses, such as hospitals, nursing homes, day -c 'pre-schools and schools; ed within hazardous b) Emergency services facilities; c) Uses associated with the disposal, treatment hazardous substances; d) Any other use or development deemed stated in policy 7.2.1. e� .rc CGS Notwithstanding the policies akteitt section, infrastructure approved through an environmental assessment may be permitty. thin hazardous lands associated with unstable soil or bedrock, where it has been demonted to the satisfaction of the NPCA that the five tests under the Conservation Author Act have been addressed. Infrastructure approved through an environmental assksQnent process shall require a work permit to develop from the NPCA. 7.2.5 Infrastructure nufacturing/processing or storage of "be inappropriate based on the objectives 7.2.6 Water Wells No water wells shall be installed within 50 metres of a karst feature. The NPCA may require an assessment of the draw down impact of the well on the water table and may decline approval where the draw down has the potential to destabilize karst topography. 7.2.7 Policy Considerations for Developing on or Near Karst Areas The following issues must be addressed when developing on karst: NPCA POLICY DOCUMENT Page 542 of 751 80 a) Storm water drainage: When the amount of paved surface is increased in developments, the rush of extra water gathered over the area can cause flooding. b) Utilities: Buried utility lines can serve as a focus for sinkhole development, as they provide a break in the bedrock for storm water to enter and slowly dissolve it. c) Groundwater contamination: Because water moves rapidly through karst, and undergoes little filtration, groundwater in karst areas is easily polluted. If contaminants are introduced into a karst system, they will spread quickly. d) Flooding: Sinkholes and conduits may become blocked with debris and litter, resulting in back-up and flooding. Sinkholes are often used as a convenient place to place trash. NPCA POLICY DOCUMENT +0 GO Page 543 of 751 81 8.0 WETLA'DS 0 No 8.1 WHAtARE WETLANDS? 8.1.1 Defining Wetlands Wetlands are "lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. Periodically soaked or wet land being used for agricultural purposes which no longer exhibit wetland characteristics are not considered to be wetlands for NPCA POLICY DOCUMENT Page 544 of 751 82 the proposes of this definition" (PPS, 2014). The Conservation Authorities Act provides a similar definition of wetlands: "means land that: a) is seasonally or per or at its surface b) directly colutes to the hydrological function of a watershed through connection with aiQace watercourse; Gi a ently covered by shallow water or has a water table close to c) has hydric soils, the formation of which has been caused by the presence of abundant water; and, d) has vegetation dominated by hydrophytic plants or water tolerant plants, the dominance of which has been favoured by the presence of abundant water, but does not include periodically soaked or wet land that is used for agricultural purposes and no longer exhibits a wetland characteristic referred to in clause c) or d). Regardless of the language used to precisely define the term, wetlands are widely recognized as an important part of the ecosystem. Wetlands are among the most productive and biologically NPCA POLICY DOCUMENT Page 545 of 751 83 diverse habitats in the world. They play a multi -dimensional role in the hydrologic cycle acting as a source for flood attenuation, groundwater recharge and the improvement of water quality. Wetlands are an incredible source of biodiversity, offering a multitude of habitats for plants, birds, reptiles, amphibians, fish and other species. They also provide opportunities for recreation and have potential to play a significant role in climate change adaptation and mitigation strategies (see Figure 8.1). NPCA POLICY DOCUMENT +0 GO Page 546 of 751 84 Figure 8.1: Wetland Function Stream energy dissipates Wildlife and plant habitat eaner water outflow Saturated organic matter Groundwater flow stores water Bacteria act on contaminants to break them down Stream Slow release of stored water \.0 8.1.2 Classificatic of Wetlands The policy framevy�o``O thin this Document recognizes several classes of wetlands: l a) Provincially significant wetlands; b) Non -Provincially significant wetlands; and, c) Unevaluated wetlands. 8.1.2.1 Provincially Significant Wetlands The majority of identified wetlands within the NPCA's watershed are classified as Provincially Significant Wetlands (PSWs). PSWs are wetlands which have been identified by the Province of Ontario using evaluation methodology established by the Province. PSWs are determined by a science -based ranking system known as the Ontario Wetland Evaluation System (OWES). This methodology features a standardized method of assessing wetland functions and societal NPCA POLICY DOCUMENT Page 547 of 751 85 values, which enables the Province to rank wetlands relative to one another. This information is provided to Conservation Authorities and municipalities to support decision-making. A wetland that has been evaluated using the criteria outlined in the OWES is known as an evaluated wetland. Refer to the OWES manual for additional details on the criteria for classifying wetlands. 8.1.2.2 Non -Provincially Significant Wetlands The term non -provincially significant wetland is used to describe any evaluated wetland which does not meet the score to be considered Provincially Significant. 8.1.2.3 Unevaluated Wetlands t\s:b Some wetlands within the watershed have not been evaluated and delinOated under the OWES. In those instances, the following policies apply: a) Prior to development or site alteration on a propertyan unevaluated wetland, a wetland evaluation shall be required prior to comp tioo on of an EIS if required, or the approval process, and approved by the MNRF.+ b) Exceptions to (a) may be considered in cas ere an appropriate natural buffer (as determined by the NPCA) is proposed been the NPCA staked wetland boundary and all site alteration and development (Aiding grading), or small scale non -permanent development (such as small bacsheds not requiring planning approval) which in the opinion of NPCA will halOnegative impact on the ecological and hydrologic function of the wetland.Tsree cases will only be considered for small-scale development through work permit process, or through some minor variances where an appropriate bues maintained. c) Areas identifie ough natural areas inventories, EIS's or similar as Ecological Land Classificatiyk(MAM, MAS, MAX, SWD, SWT, SWX, SAS, SAF, OAO, OAW, or other potential wetland indicator classifications shall identify the area as a potential unevaluated wetland subject to these policies. 8.1.3 Defining the Limits of Wetlands and Area of Interference 8.1.3.1 Wetland Boundary Delineation Wetland boundaries are often found in areas of gradual ecological change, where changes in soil moisture results in transitions from upland to wetland plant species. The wetland boundary is established where 50% of the plant community consists of upland plant species (i.e. the percentage of area covered by upland plant species, not to the number of different upland plant NPCA POLICY DOCUMENT Page 548 of 751 86 species). Topography and soil data also provides guidance for where the wetland boundary should be drawn. Wetland boundary mapping is typically generalized from aerial imagery and other secondary source materials. Field visits by qualified biologists are required to accurately define the wetland boundary for development purposes. In cases where vegetation cannot be used for interpretation, such as instances where vegetation has recently been removed, soil sampling will be used to help determine boundaries. 8.1.3.2 Area of Interference The areas adjacent to wetlands where development could impact the hydrologic function of the wetland are referred to as areas of interference. The areas of interferencea e considered to be a regulated area under the Ontario Regulation 155/06. The area 1 erference differs, depending on the classification of the wetland: vv a) For Provincially Significant Wetlands or wetlands greateOhan 2 hectares, the area of interference can be up to 120 metres (394 feet) from oundary of the wetland. b) For wetlands less than 2 hectares the area of interfe ce is 30 metres (98 feet). +0 8.1.4 Environmental Impact Study -(,4) Depending on the nature of the proposeci„cvelopment, the NPCA may request that the applicant undertake an EIS to evaluate th- tential impacts on a wetland. Chapter 12 provides additional direction for undertaking an,,'. a`' 8.1.5 Hydrological Sti e Depending on the natur the proposed development, the NPCA may request that the applicant undertake .e'ydrological study to confirm potential impacts on the hydrologic function the wetlokCoRefer to Chapter 12 for additional details. 8.2 POLICIES FOR PLANNING AND REGULATING DEVELOPMENT AND INTERFERENCE WITH WETLANDS 8.2.1 Objectives The objectives of the wetland policies are to: a) Promote the conservation of land through the protection of wetlands; b) Maintain and where appropriate, enhance wetland ecological and hydrological functions and features; NPCA POLICY DOCUMENT Page 549 of 751 87 c) Promote the maintenance, restoration and enhancement of wetlands; and, d) Provide a policy framework which aligns with Provincial standards for wetland protection, including guidance for decision-making related to the interference of wetlands. 8.2.2 Development and Interference within a Wetland 8.2.2.1 Development and Interference Unless otherwise stated in this Document, no development and/or site alteration shall be permitted within a wetland. 8.2.2.2 Replacement Structures elQs Replacement structures may be permitted within a wetland subje&to the following: a) No alternative location outside of the wetland exists (5> b) The structure is restored to its original form (i.wame dimensions or smaller, square footage, and building footprint location); and, c) Where applicable, floodproofing measures Ito be required. 8.2.2.3 Accessory Structures and Building4dtfditions Accessory structures and building addis are not permitted within wetlands. G 8.2.2.4 Ponds Ponds will generally not be s miffed within any wetland. Ponds will only be permitted if it can be demonstrated throt the appropriate studies (as determined by the NPCA), that the proposed pond willdV have any impact to the existing hydrological function or hydrological regime of the wetland and improve the overall ecological function of the wetland and adjacent lands. As identified in the OWES, ponds constructed for agricultural purposes are not considered to be wetlands. 8.2.2.5 Conservation and Restoration Projects Conservation and restoration projects may be permitted where it has been demonstrated to the satisfaction of the NPCA that the proposed works will enhance the overall ecological and hydrological function of the wetland. Depending on the nature of the proposed works, the NPCA may require an EIS to demonstrate how the hydrological and ecological features/functions will be protected, created, restored and/or enhanced. NPCA POLICY DOCUMENT Page 550 of 751 88 8.2.2.6 Passive Recreational Uses within a Wetland Ideally, passive recreational uses should be located on adjacent lands. However, it is acknowledged that in some circumstances it may be appropriate for passive recreational uses to be located within a wetland. Passive recreational development intended to promote the conservation of land, such as wilderness trails, boardwalks and lookouts may be permitted within wetlands, subject to the following: a) The risk to public safety from natural hazards, including flooding, erosion and shoreline hazards is not increased; b) The area of construction disturbance is minimized; c) The existing topography is maintained; \s:b d) Trails are established using organic, pervious surfaces, or usirt15/ardwalks which will not impact natural vegetation; , e) The removal of trees is avoided and/or minimized; Qj'k f) A re -vegetation plan is approved and there is no net I f natural vegetation; and, g) The overall ecological and hydrological functions o wetland are maintained. +0 An EIS may be required to establish any passive reAional use within a wetland. c>‘- 8.2.2.7 Wetland Reconfiguration and ComtJrisation Context At the time of drafting the policies of tfj ocument, the Province of Ontario was undertaking a ;, review of its wetland policy frame o0. The NPCA will continue to monitor the provincial policy framework for wetlands and up i the policies of this section based on guidance provided by the Province. Note that NPCAte9xisting policy framework for wetlands includes policy guidance for the reconfiguration of I®provincially significant wetlands (see Policy 8.2.2.8 for details). 8.2.2.8 Wetla epcon guration and Compensation for Non -Provincially Significant Wetland3 Where no reasonable alternative exists to locate a proposed development, site alteration or other activity outside of a non -provincially significant wetland (or adjacent land), the NPCA may require that an area of wetland be created to offset the disturbance that is greater than (in area and function) the area of wetland and adjacent land being disturbed. Any required wetland creation should be located in proximity to the area disturbed (at a minimum within the same watershed) or in an area to be determined by the Authority. All wetlands created under this policy will be added to the NPCA regulated area and identified on appropriate screening maps. The Authority may permit the reconfiguration of wetland boundaries provided: NPCA POLICY DOCUMENT Page 551 of 751 89 a) The wetland has been evaluated in accordance with OWES Protocol and approved by the MNRF; b) The wetland (as evaluated in (a) above) is not a Provincially Significant Wetland under the OWES Protocol to the satisfaction of the MNRF; c) The reconfigured wetland and proposed development will not have a negative impact on any species of concern, significant habitat types or species at risk; d) The reconfigured wetland and proposed development will not have a negative impact on the hydrological or ecological function of the wetland; e) A restoration plan for the reconfigured wetland is provided for review and approval; f) A multi-year monitoring program is required (minimum five years) to ensure the long- term establishment of the reconfigured wetland; \s:b g) A security deposit in an amount approved by the NPCA to eish the reconfigured wetland and ensure its establishment; , h) An EIS is provided for review and approval to demonte conformity with Section 8.2.2.8; ..t\\NQ i) The applicant is required to enter into a restoratigreement with the NPCA that will be registered on the title of the property coag the reconfigured wetland that will provide the necessary details to implement •.tion 8.2.2.8; and j) Additional information, such as an EISrologic study, restoration plan and or other studies as required depending on siroecific characteristics. 8.2.3 Development in A eof Interference 8.2.3.1 Development withinmetres of a Wetland Unless otherwise stated (an this Document, no development and site alteration shall be permitted within 30 ns (98 feet) of a wetland. 8.2.3.2 Permitted Uses within 30 metres of a Wetland Notwithstanding Policy 8.2.3.1, the following uses may be permitted within 30 metres (98 feet) of a wetland: a) Infrastructure in accordance with policy 8.2.4; b) Conservation and restoration projects in accordance with policy 8.2.2.5 c) Passive recreational uses in accordance with policy 8.2.2.6; d) Replacement structures, accessory structures and minor additions in accordance with policy 8.2.3.3; NPCA POLICY DOCUMENT Page 552 of 751 90 e) Other forms of development and site alteration which do not adversely impact the ecological and hydrological function of the wetland, and where the proposed development meets the five tests under the Conservation Authorities Act and is evaluated in accordance with policy 8.2.3.3. 8.2.3.3 Replacement Structures, Accessory Structures and Minor Additions within 30 metres of a Wetland Where development and site alteration under Policy 8.2.3.2 is proposed, reductions in the 30 metre requirement will be considered based on the following: a) The nature of the proposed development/site alteration; KR) b) The proximity to the wetland of existing structures; (o c) Adjacent land use; " d) The condition of the 30 metre Regulated area; e) The extent of existing natural buffer; f) Restoration of buffer functions; g) Other ecological or hydrological function consid moQ� ons specific to the site; h) That no development or site alteration be p ed within 5 metres of a wetland; i) A determination of whether an Environm6Wimpact Study or Hydrological Study will be required. Such studies will be revi#d by NPCA staff to ensure that there will be no negative impact on the hydrologic ecological functions of the wetland as a result of the proposed development ansite alteration; j) For septic systems, please rjr to Policy 8.2.3.5; and, k) The availability of alterre locations outside of the 30 metre buffer. 8.2.3.4 Lot Creation rim 30 metres Lot creation (unle t egal or technical reasons) should not be permitted within 30 metres (98 feet) of a wetlandowever, lot creation may be permitted between 30 metres and 15 metres (49 feet) of a wetland where items the policies of 8.2.3.3 are addressed. Lot creation within 15 metres of a wetland shall not be permitted. 8.2.3.5 Proposed New Development within 30 metres of a Wetland Where no new development exists within 30m (98 feet) of any wetland: a) For new residential development, no new septic systems are permitted within 30m of any wetland. b) For replacement septic systems where residential development is already established, septic systems shall not be permitted within 30 metres of any wetland, except where no NPCA POLICY DOCUMENT Page 553 of 751 91 alternative location outside of 30 metres exists in proximity to the residence. In this case the replacement septic system shall be placed as far from the wetland as possible. c) For major development (as determined by the NPCA) including, but not limited to; plans of subdivision; extensions of draft approval for existing plans; and, major commercial, industrial, or institutional uses, no new development is permitted within 30m of a PSW. Reductions will only be considered based on a site specific evaluation by NPCA staff to determine whether a reduction is warranted, depending on scale, nature and proximity of the proposed development, the following may be taken into consideration: I. The nature of the proposed development/site alteration; II. The proximity to the wetland; III. Adjacent land use; \s:b IV. The condition of the 30 metre Regulated area; eQs V. The extent of existing natural buffer; , VI. Restoration of buffer functions; 4'k VII. Presence of existing roads; VIII. Removal of invasive species; °� IX. Presence of sensitive ecological feature, d, X. Other ecological or hydrological fungi considerations specific to the site; and, XI. Other items as required. 8.2.3.6 Development Between 3¢ titres and 120 metres of a Provincially Significant Wetland a, In general, development may � permitted between 30 metres (98 feet) and 120 metres (394 feet) of Provincially Signifi# Wetlands where there are no negative impacts on the ecological or hydrological functiB7f the wetland. The NPCA reserves the right to regulate development within 30 metrewei 20 metres of a Provincially Significant Wetland on a site by site basis, where the nature of the proposed development merits consideration of the five tests under the Conservation Authorities Act and/or there exists potential interference with the ecological or hydrological function of the wetland. An EIS may be required where development is proposed between 30 and 120 metres of a Provincially Significant Wetland. 8.2.3.7 Work Permit Requirements Any development or site alteration deemed by the NPCA to require a work permit may require an EIS or similar study and/or a hydrological assessment, prepared by qualified professionals, that identifies whether the proposed development and/or site alteration will cause a negative hydrologic or ecological impact to the wetland features/ functions. NPCA POLICY DOCUMENT Page 554 of 751 92 8.2.4 Public Infrastructure The Authority may allow the construction or development of public infrastructure (roads, pipelines, sewers and associated appurtenances, other than stormwater management facilities) within a wetland, provided: a) The proposed infrastructure is supported by the completion of an appropriate Environmental Assessment or a Comprehensive EIS to the satisfaction of the Authority; No reasonable alternate location for the infrastructure exists outside of the wetland; Any impacts to flood flows, flood storage or groundwater movement are mitigated; and, is designed to fully address impa is to the existing b) c) d) e) The proposed infrastructure hydrological function, hydrological adjacent lands. Infrastructure approved through regime and ecological functi an •♦ (`• the wetland and environmental assess& process work permit to develop from the NPCA. 8.2.5 Wetland Conservation The Authority will recommend that municipalitie Q� OJ k the dedication of wetlands to a public shall require a agency the wetland and its feature g y to protect k*en applications for a plan of subdivision are reviewed. � O�0 G 8.2.6 Stormwater The NPCA may require enhanc formwater controls where development is proposed to outlet into a wetland. NPCA POLICY DOCUMENT Page 555 of 751 93 9.0 WATERCOU$ES 9.1 WHAT ARE W RCOURSES? 9.1.1 Water66e cgs A watercourse isliientifiable depression in the ground in which a flow of water regularly or continuously occurs (Conservation Authorities Act). Watercourses are complex, multi- functional, living systems. They transport water, sediment and energy. They are ecosystems, providing habitat for fish, amphibians, invertebrates, birds, plants and other species. Watercourses provide drinking water for communities, wildlife and livestock. Watercourses are also highly valued socio-economic resources, offering recreational opportunities, food, hydro generation, land drainage and educational experiences. The health of a watercourse, including the quality of the water and the adjacent lands can be influenced by a range of factors, including channel morphology, sediment characteristics and the nature of the riparian vegetation both on the overbank and the bed of the watercourse. NPCA POLICY DOCUMENT Page 556 of 751 94 Changes to any of these elements can have significant impacts on other parts of the watercourse. For example, a loss in riparian vegetation along the bank can facilitate increased pollutant loads resulting from higher volumes of run-off, which in turn can impact water quality and also result in higher flood levels downstream. Impacts on water quality could have consequences on fish and other species living in the watercourse, as well as those who rely on the watercourse for resource purposes. 9.1.2 Need for an EIS/Hydrological An EIS and/or hydrological study may be required to confirm the location and limits of a watercourse, as well as any potential impacts of the proposed developmentbn the hydrological and ecological features and functions. An EIS may also be required to c rin the extent of any natural buffers (refer to policy 9.2.5 for additional details) or for morph logical assessments or any impacts on established natural buffers. ,,S 9.2 POLICIES FOR WATERCOURSERFERENCE 9.2.1 Objectives The objectives of the watercourse policies ar# a) Protect and improve the health atercourses within the watershed; b) Protect and enhance hydrolSo eatures and ecological functions within the watershed; c) Provide policy direction �fie?), development which may impact watercourses within the NPCA watershed; and,09 d) Promote the conse6Ntion and restoration of watercourses. N) 9.2.2 Inter%nce with a Watercourse In general, interference with a watercourse shall not be permitted, except in accordance with the policies of this Document. All proposed development shall meet the five tests under the Conservation Authorities Act. 9.2.3 Watercourse Alterations 9.2.3.1 Watercourse Alterations The NPCA may allow the alteration of a watercourse for the following works: NPCA POLICY DOCUMENT Page 557 of 751 95 a) Channel realignments and vegetation alteration/spot removal of sediment accumulation; b) Full or partial diversions; c) Retaining wall; d) Revetments; e) Bridges; f) Culverts; g) Docks; h) Pipeline crossings; i) Erosion control measures; and, j) Storm sewer outlets. elQs 9.2.3.2 Criteria for Assessing Watercourse Alterations The following matters shall be addressed when proposing a waburse alteration: a) The need for the watercourse alteration has beer�Beemoonstrated to the satisfaction of the NPCA; �O b) The proposed works are in accordance with liteA standards; c) The proposed watercourse alternation s not increase flood plain elevations, flood frequency, erosion rates or erosion quency along either side of the watercourse, upstream and/or downstream of roposed works; d) The works are designed to cure that the storage capacity of the flood plain is maintained; (' e) The works will not ad' rsely affect the ecological and hydrological function of the watercourse and rib n zone; f) Adequate erosioQrotection measures are utilized when required; g) Sediment,,��ccttQi measures are incorporated during the construction phase to the satisfactionbf the NPCA; or, h) They are considered minor works as defined in this Document. 9.2.3.3 Alterations to Existing Water Control Structures Alterations to existing water control structures may be permitted where it can be demonstrated to the satisfaction of the NPCA that the items noted in 9.2.3.2 have been addressed. NPCA POLICY DOCUMENT Page 558 of 751 96 9.2.4 Watercourse Crosi�gs Watercourse crossings, includ infrastructure which goes over a watercourse or underneath it, such as bridges, culverts, lines, channel enclosures of less than 20 metres and causeways may be permitted,,,��suf to the following: a) There are'n reasonable alternatives to the crossing; b) Where physical alterations to the watercourse are required, they are in accordance with policy 9.2.3.2; c) Where feasible, crossings avoid any bends in the watercourse; d) The preferred location for crossings is in areas which are already disturbed, making use of existing impacted or open areas on the channel bank or valley slope; e) The risk for increased flooding as a result of the crossing, either upstream or downstream, is mitigated; f) Risks associated with erosion are addressed; g) The design minimizes impacts on the ecological and hydrological functions and features, with a preference for open bottom structures (which allow for fish passage and NPCA POLICY DOCUMENT Page 559 of 751 97 accommodation of bankfull flows, etc.) and where appropriate, restoration measures are included to the satisfaction of the NPCA; and, h) Maintenance requirements are minimized. 9.2.5 Watercourse Buffer Composition 9.2.5.1 Buffer Requirements Where development and site alteration is proposed adjacent to a watercourse, the NPCA shall require the establishment of a natural buffer of between 15 metres (49 feet) and10 metres (33 feet) based on the following: a) A 15 metre natural buffer for watercourses containing permat flow, cool water or coldwater systems or specialized aquatic or riparian habitatP(,`swch as but not limited to fish spawning areas, habitat of species at risk or specie6f concern, forested riparian areas or Type 1 Critical Fish Habitat); b) A 10 metre natural buffer for watercourses cont ding intermittent flow, warmwater systems or general/impacts aquatic or riparian itat, or Type 2 Important Fish Habitat or Type 3 Marginal Fish Habitat; c) Other considerations which may impact ution or the conservation of land. Development setbacks associated with fJcktZing (4), erosion (6) and dynamic beaches (5) are addressed in their characteristics. respective chapts' and may also apply depending on site specific 9.2.5.2 Reductions in Bu tequirements Notwithstanding policy 0.1, reductions of these buffer requirements will only be considered in special circumstareVbased on a site specific evaluation by NPCA staff to determine whether a reduction is warrented, which will include consideration of: a) The nature of the proposed development/site alteration; b) Adjacent land use; c) The condition of the lands within the riparian area; d) The extent of existing natural buffer; e) Restoration of watercourse/riparian function; f) Proximity to the watercourse of any existing structures; g) Other ecological function considerations specific to the site; and, h) A determination of whether an Environmental Impact Study will be required to support a reduction in the buffer. NPCA POLICY DOCUMENT Page 560 of 751 98 Notwithstanding the above, no development or site alteration be permitted within 5 metres of a watercourse. 9.2.6 Infrastructure Notwithstanding the policies of this section, infrastructure approved through an environmental assessment may be permitted within a watercourse, where it has been demonstrated to the satisfaction of the NPCA that the five tests under the Conservation Authorities Act have been addressed. Infrastructure approved through an environmental assessment process shall require a work permit to develop from the NPCA. 9.2.7 Conservation and Restoration Projects elQs 9.2.7.1 Conservation and Restoration of Watercourses Notwithstanding the policies of this section, conservation prq such as stream rehabilitation works intended to improve and enhance ecologica4lid hydrological function of the watercourse may be permitted, subject to the followir4 a) The proposed ecological and hydrolog improvements are demonstrated to the satisfaction of the NPCA; b) The proposed rehabilitation work s best management practices; c) The need for future maintenane s minimized; d) Stream bank stability is addbssed, and where appropriate, enhanced; e) Channel design technigare in accordance with NPCA standard; and, f) Considerations for ti ontrol of flooding, erosion, dynamic beaches, pollution and the conservation of I are addressed. 9.2.7.2 Re-Na;ization of Channels The NPCA encourages municipalities to consider opportunities for the re -naturalization of watercourses which have been urbanized. NPCA POLICY DOCUMENT Page 561 of 751 99 10.0 FILL PLACEMENT 10.1 WHAT IS FILL? 10.1.1 Fill Placement and Authority to Regulate Fill Placement Fill is any material that can be placed, dumped or removed originating from the site or elsewhere, such as earth, sand, gravel or rubble, which is used to raiseoLower or alter the existing grade. Fill is considered to be a form of development clEe in Conservation Authorities Act, as site grading and the placement/removal of any mataral from a site are both examples of development (Conservation Authorities Act, Sectio 28825c,d). Accordingly, the placement of fill within the areas regulated by the Niagara Pen la Conservation Authority are subject to five tests listed under Section 28(1c) of the Act.e placement of fill outside of the NPCA's regulated areas are subject to local site alters 'ob4y-laws, meaning that in some cases, the placement of fill requires a shared regulatory frwork, whereby the NPCA regulates the placement of fill within regulated areas and the- 1 Wmunicipalities regulate the placement of fill elsewhere on the site (where the lands are 10.1.2 Exceptions p The policies of this chapter gener 'do not apply to the following items: a) Approved developmcW pplications under the Planning Act as of May 4, 2006; b) Fill activities prod in accordance with a site licence under the Aggregate Resources Act; or O c) Projects ur the Ontario Environmental Assessment Act. 4Le ide of the NPCA's regulated areas). Other policies of this document may apply to the above -noted items. 10.2 POLICIES FOR THE PLACEMENT OF FILL 10.2.1 Objectives The objectives of the fill placement policies are to: a) Provide policy guidance for the placement of fill within the NPCA's regulated areas; NPCA POLICY DOCUMENT Page 562 of 751 100 b) Promote the conservation of land through the avoidance of adverse impacts on ecological and hydrological features and functions; c) Avoid and mitigate any adverse impacts on the control of flooding, erosion and dynamic beaches; and, d) Avoid pollution resulting from the placement of fill. 10.2.2 Placement of Fill 10.2.2.1 The Placement of Fill The placement of fill is prohibited within wetlands, valleylands, watercourse dynamic beaches, flood plains or other hazardous lands or their allowances. O� 10.2.2.2 The Placement of Fill Less than 50m3 �� The placement of inert fill less than 50m3 may be permitted wh 'the placement of fill: d) Is placed in a manner which will not impact the cg5ol of flooding; e) Does not interfere with a watercourse, wetlanaaIIleyland or shoreline; and, f) Includes re -vegetation of any disturbed ared is protected from erosion. G` 10.2.2.3 The Placement of Fill Less than 2 The placement of fill less than 250m366`29 cubic feet) may be permitted and shall require a work permit from the NPCA and is 6Erliect to the following policies: a) The fill is inert and rp eks appropriate provincial standards, including any regulations under the Environ rri al Protection Act; b) The placemen II shall not interfere with a watercourse or wetland; c) The placet of fill shall not adversely affect the control of flooding, erosion and dynamic beaches within the NPCA's regulated areas; d) The placement of fill has no adverse impact the conservation of land, including no adverse impacts on significant features and ecological and hydrological functions; e) There are no impacts on the control of pollution; f) The placement of fill satisfies the requirements and standards of municipal by-laws (where the placement of fill is proposed to cover lands which are subject to both the Conservation Authorities Act and a local site alteration by-law); and, g) The placement of fill may be seasonally restricted. NPCA POLICY DOCUMENT Page 563 of 751 101 10.2.2.4 Supporting Studies The NPCA may require the submission of a Geotechnical Study (see Policy 6.1.4.8 for additional details) to support any work permit request for filling less than 250m3 (8829 cubic feet). As a condition of approval, the NPCA may request the applicant to prepare a survey prepared by a qualified engineer after the works have been completed to demonstrate that the placement of fill conforms to the work permit conditions. 10.2.3 Large Scale Fill Placement 10.2.3.1 The Placement of Fill Greater than 250m3 The intent of the following policies is to address issues arising from th � cement and storage of fill. The placement of fill greater than 250m3 (8829 cubic feet) sha�l,�ruire a work permit and shall only be permitted in accordance with the following policies: .. NQ a) The fill is inert and meets appropriate provincial dards, including any regulations under the Environmental Protection Act; -4 b) The placement of fill shall not interfere withercourse or wetland; c) The placement of fill shall not adverse ct the control of flooding, erosion and dynamic beaches; d) The placement of fill has no adviOee impact the conservation of land, including no adverse impacts on significant fires and ecological and hydrological functions; e) There are no impacts on theeintrol of pollution and sedimentation and erosion during and post -development aw ided; f) The placement of fikeZp9tisfies the requirements and standards of municipal by-laws (where the placement of fill is proposed to cover lands which are subject to both the Conservation A T?orities Act and a local site alteration by-law); g) The placelQ of fill may be seasonally restricted; h) The risk to public safety is not increased; i) There are no adverse impacts on groundwater quality, quantity, flow or functions (recharge or discharge); j) A minimum setback of 30 metres (98 feet) from Provincially Significant Wetlands and wetlands larger than 2 hectares and a minimum setback of 15 metres (49 feet) from all other wetlands is maintained; and, k) The site is graded during the fill operation and stabilized as soon as possible subsequent to fill placement and final grading. NPCA POLICY DOCUMENT Page 564 of 751 102 10.2.3.2 Supporting Studies The placement of large fill may require the following studies, subject to scoping during the pre - consultation process: a) Environmental Impact Study; b) Hydrogeological Study; c) Geotechnical Study; d) Hydraulic Analysis; e) Stormwater Management Plan; and, f) Other supporting studies as required. \s:b 10.2.3.3 Conformity with Municipal By -Laws elQs Prior to the issuance of a work permit, the NPCA may requir /v�itten consent from the municipality where the proposed site is to be located, demo 'ng that municipal interests have been satisfied, including site access, haul routes, dust trot, landscaping requirements and other items as appropriate. �OJ fi-Re NPCA reserves the right to prepare detailed f large fill. 10.2.3.4 Large Fill Placement Procedures Notwithstanding the policies of this Docume procedures and guidelines for the placem CC,d, 10.2.4 Fill Placement wit b.fhe Niagara Escarpment Plan Area The Niagara Escarpment PIa(n#P) provides policies for the placement of fill within the Niagara Escarpment Plan Area. Refe o Part 2.13.9 and 2.13.10 for additional details on fill placement within the NEP area. •00 10.2.5 Fill Placement within the Regulated Flood Hazard Refer to the policies of section 4.2 for additional guidance where fill placement is proposed within the NPCA's regulated flood hazard. NPCA POLICY DOCUMENT Page 565 of 751 103 11.0 MUNICIPAL DRAINS 11.1 WHAT ARE MUNICIPAL DRAINS? Municipal drains are an important piece of infrastructure for rural and agricultural land management, providing drainage systems which manage the impacts of flooding. Municipal Drains are created under the Drainage Act and municipalities are required to maintain and repair existing municipal drains and also make decisions for applicfor new drains. Generally, municipal drains are considered watercourses as defined er the Conservation Authorities Act. 11.2 POLICIES FOR MUNICIPAL DRAIII +o The objectives of the following municipal drain,Jicies are to: a) Ensure that maintenance of exis 'municipal drains is undertaken in conformity with the Conservation Authorities e and provincial standards, and that, where applicable, the five tests under the Act 6i e met; b) Provide guidance for evting the impacts of new municipal drains; c) Promote coordinatip and collaboration with municipal partners and provincial agencies. 0 11.2.2 Maintenance Policies Approved by MNRF/OMAFRA/CA 11.2.1 Objectives The Province provides direction for municipalities and conservation authorities to guide decision-making and approvals process for municipal drains. When making decisions related to municipal drains which fall within the NPCA's regulated areas, the NPCA will use the Province's most up to date standards for the maintenance of municipal drains. In the absence of any approved protocols, the normal Conservation Authorities Act permitting process shall apply. NPCA POLICY DOCUMENT Page 566 of 751 104 11.2.3 Municipal Drainage Activities not subject to a Work Permit from the NPCA Standard compliance elements are required for the following activities, as outlined in the Province's most up to date standards for municipal drain maintenance. Provided these works do not occur within a wetland or wetland boundary, a work permit will not be required by the NPCA: a) Brushing bank slope; b) Brushing top of bank; c) Debris removal and beaver dam removal; C$b d) Spot clean-out; e) Culvert replacement; f) Bank repair or stabilization and pipe outlet repair; ,Q0 g) Dyke maintenance and repair; h) Water control structure maintenance and repair; OJT i) Pump station maintenance and repair; j) Bottom only cleanout (outside of regulatland limits); k) Bottom cleanout plus one bank slope ca`d ide of regulated wetland limits); and, I) Full cleanout (outside of regulated and limits). e 11.2.4 Municipal DrainaEzsActivities subject to a Work Permit from the NPCA N"'L� Any proposed maintenan�j�nri hin a wetland or wetland boundary shall be submitted to the NPCA for review and I4erequire a work permit. 11.2.5 New Municipal Drains, Extensions and Alterations As per the Drainage Act, any works (physical or adjustment of the assessment schedule) proposed on a municipal drain shall be submitted to the conservation authority for review. New drains or extensions/alterations to the original engineers report may require a work permit from the NPCA depending on location and any potential impacts under the five tests of the Conservation Authorities Act. Any proposed construction not deemed maintenance within a wetland or wetland boundary shall not be permitted. Important morphological features or ecological functions of the watercourse may need to be incorporated into the design of the drain. NPCA POLICY DOCUMENT Page 567 of 751 105 12.0 OTHER POLICIES AND TOOLS 12.1 CLIMATE CHANGE 12.1.1 What is Climate Change? Climate change refers to "changes in long-term weather patterns caused by atural phenomena and human activities that alter the chemical composition of the atmosp hrough the build- up of greenhouse gases which trap heat and reflect it back to the eartK surface" (Government of Canada, 2013). Climate change impacts have the potential to ''wide -reaching, affecting ecosystems, agriculture, infrastructure, water supply, energy,s portation systems, tourism and recreation, human health and well-being, and ultimateee economy. The Government of Ontario, through the PPS directs planning authorities to&seder the impacts of climate change and the NPCA has a role to play in implementing pro(vii `al policy on this matter. 12.1.2 Climate Change Impacts vyn the Watershed Within the watershed, the impacts of cl to change have been experienced at various levels, most visibly through changes in annti§leasonality and temperature shifts. Niagara Region has experienced changes in the climaicluding (Penney, 2012): a) 1.3°C increase inetual average temperature in the last 40 years; b) Trend towards Rbre days with temperatures over 30°C and more heat waves of 3 or more constive hot days; c) Longer wing season, with May and September significantly warmer; d) Increase in average number of frost -free days with 10 more per year compared to 1970; e) Small increase in annual precipitation, with most of the increase coming in winter; f) More rain and less snow in winter; g) More summer droughts and dry spells; h) Increased numbers of freeze -thaw cycles; and, i) And increase in heavy rain events. It is projected that by 2050, average annual temperatures in Niagara Region will increase 3-4°C, freeze -free days will increase by 30 days, summer rainfall will decrease by 20%, an increase in NPCA POLICY DOCUMENT Page 568 of 751 106 freeze -thaw cycles and likely an increase in heavy rains, lighting strikes, high winds, hailstorms and tornados. 12.1.3 Considerations for Climate Change 12.1.3.1 Climate Change Adaptation Adaptation efforts minimize the level of damage, hazard and risks associated with climate change, while also recognizing new opportunities presented with our changing climate (Conservation Ontario, 2015), including: flood management pro rams, ecosystem enhancements, water quality and quantity, municipal plan review/inpu al climate change monitoring and modelling, information management, green iltructure/stormwater management, low water, carbon and water trading and offsets. �t Mitigation efforts are focused on reducing greenhou`u as emissions and other causes that adversely and rapidly influence weather patterns an c'4imatic conditions (Conservation Ontario, 2015). They include: green building technologies' etrofits (e.g., LEED), energy conservation, renewable energy, reforestation, carbonoS questration (e.g., wetlands), low impact development and sustainable transportath r‘c` 12.1.3.3 Directions to Support a i .�+Aent Watershed A number of the NPCA's curren tiiccies and programs help to mitigate the impacts of climate change and also assist with ptation. The NPCA will continue to undertake programs and initiatives which assist w, » adaptation and mitigation. Through a future study or update to the Strategic Plan, the N9will seek to develop a comprehensive approach for climate change, including any new�olicies or programs which assist with adaption and mitigation. In addition, the NPCA will participate, coordinate and collaborate with municipal partners and other agencies in addressing the impacts of climate change. 12.1.3.2 Climate Change Mitigation NPCA POLICY DOCUMENT Page 569 of 751 107 12.2 LAND USE AND ENVIRONMENTAL PLANNING REVIEW 12.2.1 The NPCA's Role in Planning 12.2.1.1 Mandate The NPCA is responsible for commenting and reviewing Planning Act applications. In fulfilling this function, the NPCA provides comments based on: a) The NPCA's regulatory role, identifying the need for any permits under the Conservation Authorities Act; b) Delegated responsibilities from the Province to the NPCA for redliing and commenting on any natural hazard planning issues associated with a giverlsipplication; c) Municipal planning advisory services where the NPCA6s an arrangement with its watershed municipalities to provide advice and tecal expertise related to natural hazards and natural heritage matters; J4:6 d) The NPCA's role as a watershed agency, provg comments to municipalities on the implications of development proposals m a watershed perspective, typically pertaining to matters of natural herita €> lanning, natural hazard planning and water resources management; and, QJ e) From time to time, the NPC ill also provide comments from a landowner's perspective, either as a prop6orr t or adjacent landowner. 12.2.1.2 Planning Act Reviev(> When reviewing Planning, applications, the NPCA will: a) Provide co�ts on particular aspects of the application based on the particular role/function noted in policy 12.2.1.1; b) Identify the need for and review (as required) any associated technical reports; and, c) Provide recommendations for conditions of approval, as required. 12.2.1.3 Memorandums of Understanding The NPCA maintains the following memorandums of understanding with municipalities in the watershed: a) Niagara Region, including all lower tier municipalities within Niagara Region; b) City of Hamilton; and, c) The County of Haldimand. NPCA POLICY DOCUMENT Page 570 of 751 108 Each MOU is different, with the NPCA providing varying degrees of technical support. The NPCA will continue to use the MOU as a tool for clarifying and coordinating responsibilities between the NPCA, municipal governments and government agencies (as the case may be). 12.2.1.4 Objectives for Planning Act Reviews The objectives of the NPCA's municipal plan review process are as follows: a) To minimize the potential for loss of life, property damage and social disruption and to create a safer and healthier environment for everyone who lives in the watershed; b) To reduce the need for public and private expenditures for er�ENency operations, evacuation, and restoration of properties which may be imed by flooding and erosion; c) To increase public awareness about the potential risks to 6tvelopment as a result of the physical conditions associated with hazardous areas; d) To use an ecosystem planning approach for identifyj�`the environmental implications of Development applications in order to maintain*otect, preserve and enhance natural heritage resources and natural resources; e) To screen development applications proposals to identify where a watershed interest may be impacted; 6C\ f) To specify conditions of approval satisfy the afore -noted objectives; g) To serve as an information cep for inquiries from landowners, potential landowners, lawyers, municipalities, ancommunity groups interested in environmental legislation, approvals and stewards] h) To advise and inforr,,lv�otential applicants (and/or their consultants) to consult with NPCA Staff prior t��f.�bmitting their Development proposals in order to identify potential concerns theuld result in delays to the planning process, as well as for the need to prepare aCubmit technical reports and supporting information required to undertake the review and approval of applications; i) To provide responses to site-specific inquiries in a timely manner through the continued expansion of data bases (e.g. natural heritage data bases and inventories) and other information management systems; and j) To continue to liaise with other agencies, county/regional and municipal governments and departments, consultants, developers and watershed residents to ensure continued co-operation in achieving effective management of natural resources. NPCA POLICY DOCUMENT Page 571 of 751 109 12.2.2 Coordination with Area Municipalities and Agencies 12.2.2.1 General Coordination on Planning Act Applications When reviewing complete applications under the Planning Act, the NPCA will communicate and coordinate with municipal planning on an application -by -application basis in accordance with the applicable MOU. 12.2.2.2 Official Plan Reviews and New Official Plans Where a municipality within the watershed is updating its Official Plan or drting a new Official Plan, the NPCA will work closely with the municipality to ensure that t Ez st accurate and up- to-date natural heritage and natural hazard policies are in place. 12.2.2.3 Zoning By -Laws NI? Where a municipality within the watershed is updating4e' oning by-law or drafting a new Zoning by-law, the NPCA will work closely with tf unicipality to ensure that the most accurate and up-to-date natural heritage and naturaCt3azard regulations are in place. 12.2.2.4 Secondary Plans and Community I ovement Plans Where a municipality within the wOrshed is updating a secondary plan/community improvement plan or drafting a n s condary plan/community improvement plan, the NPCA will work closely with the m vj:ality to ensure that any relevant aspects of completed watershed plans, sub-waterplans or shoreline management plans are addressed and implemented. 6C\ 12.2.2.5 Particip r M'in Pre -Consultation Meeting under the Planning Act The NPCA will participate in municipal pre -consultation meetings where development proposals under the Planning Act require input from the Niagara Peninsula Conservation Authority, as either a public body (commenting agency), representative of the Province (delegated authority), service provider (under MOUs) or other relevant roles as the case may be. NPCA POLICY DOCUMENT Page 572 of 751 110 12.3 NPCA WORK PERMIT PROCESS 12.3.1 The NPCA Work Permit Process Before work (Filling, grading/Site Alteration, or construction) can proceed in an area regulated by Niagara Peninsula Conservation Authority, a work permit is typically required. Application forms are available at Niagara Peninsula Conservation Authority's Administration Office and on the website (www.npca.ca). Permits must be made by a person having an interest in the land (i.e. owner, purchaser with owner's knowledge and permission, or an authorized agent). Upon submission of an application it will be stamped received and assigned a fkibumber which can be referred to for processing. eQs 12.3.1.1 Pre -Consultation k�, Before submitting plans, all potential applicants are encged to consult with Niagara Peninsula Conservation Authority staff to determine if an 401ication is required and, if so, what information should be submitted with the applicatiog., studies, drawings, etc.). Staff will provide pre -application comments or guidelines orks proposed; however, a final decision on whether or not a proposal would be supporX& y Niagara Peninsula Conservation Authority staff can only be provided once an applicatidnd detailed plans are submitted. 12.3.1.2 Work Permit Application R&ments At the time of the work permit`Qp6plication, details of the works proposed must be provided along with site access, const ion phasing, sediment and erosion control and re -vegetation plans. All works should djere to the policies within this document and follow the various municipal, provincial,ral and Niagara Peninsula Conservation Authority guidelines as may be applicable. W* that involve substantial site development should be prepared using the services of professionals from a variety of disciplines. 12.3.1.3 Supporting Studies Supporting studies may be required to support the proposed application. Refer to Section 12.4 for additional details regarding supporting studies. 12.3.1.4 Processing of Application All applications, as a first step, are reviewed to determine if they conform to the policies set out in this document. Niagara Peninsula Conservation Authority staff may request revisions to plans or reports submitted as part of an application. This is a normal part of the review process and NPCA POLICY DOCUMENT Page 573 of 751 111 applicants are encouraged to consult with Niagara Peninsula Conservation Authority staff as reports and plans are prepared in order to make the most efficient use of time involved in the design and review process. If, in the opinion of Niagara Peninsula Conservation Authority staff, an application does not conform, the applicant will be advised of options that may be pursued to either bring the application into conformity or of steps that can be taken to seek a formal hearing before the Niagara Peninsula Conservation Authority Board of Directors. Niagara Peninsula Conservation Authority staff may also contact other review agencies to discuss the proposed project; however, it is the proponent's responsibility to obtain all other necessary approvals from federal, provincial and municipal authorities. 12.3.1.5 Approval of Work Permit n�� Section 28(2) of the Conservation Authorities Act allows the authority to delegate decision- making on permits to other bodies. On this basis, the NPC Vis established types/classes of applications where approval has been delegated to stal�j _plications that conform to the policies set out in this document will be recommende far approval, along with any conditions, and submitted to the CAO or designate of the Nara Peninsula Conservation Authority or designate for authorization and work permit issLe under Ontario Regulation 155/06. The NPCA CAO or designate may refer i`'cations to the Niagara Peninsula Conservation Authority Board of Directors for revied ruling if deemed warranted by Niagara Peninsula Conservation Authority staff. �G In all cases, any approval is on�y�ealid upon issuance of a work permit on the prescribed form, signed by the NPCA CAO •, a 'signate accompanied by drawings stamped and signed by either the Director of Watersh0 anagement or designate. Any proposed arrQnents to the approval will require review and approval and may be subject to additional fees. 12.3.1.6 Validity of Work Permits The typical period, including an extension for a work permit, is two years from the date of issuance. Projects that, in the opinion of the NPCA cannot reasonably be completed within the two-year timeline may be granted a one-year extension. Issuance of a work permit does not relieve the applicant from the responsibility of acquiring approval from other agencies, or relieve the applicant from compliance with any conditions that other agencies may impose on the work. NPCA POLICY DOCUMENT Page 574 of 751 112 12.3.1.7 Hearings and Appeals If an application does not conform to policy or it does not satisfy technical requirements, or if the applicant does not agree with any recommended condition of work permit approval, the application may be recommended for refusal. In such a case, the applicant may request a hearing before the Niagara Peninsula Conservation Authority Board of Directors. Niagara Peninsula Conservation Authority shall, by personal service or by registered mail, give written notice of the time and place of the hearing of the application, together with a brief explanation of the nature of the application, not less than ten (10) days prior to the day of the hearing to: KR) a) the applicant or their designated agent, el\.) b) all members of the NPCA Board of Directors, t\" c) Niagara Peninsula Conservation Authority may at its di s cion request representation to the hearing as follows: i. the municipality in which the property ated, ii. any Federal or Provincial Governmepepresentative, any surveyor, consulting engineer other expert retained by Niagara Peninsula Conservation Authority. iv. Where the Notice of He is given to the applicant or their designated agent by registered mail, itslsleQbe sent to the address given in the application. Upon hearing evidence submitty the applicant or their designated agent, and reviewing any other information submitt* 1 support or rejection of the application, the NPCA Board of Directors shall approve or without conditions) or refuse the application. Upon refusal of the application or if *nission is granted subject to conditions, the Board of Directors shall give written responsee applicant, including reasons, for its decision. A hearing for refusal of permission cannot proceed unless the applicant or their designated agent is present. If the applicant or agent does not appear at a hearing, the application will be held in abeyance. The NPCA has adopted hearing guidelines (2005) and may be amended from time to time. A general summary of the hearing guidelines are provided below (refer to Appendix A for details). NPCA POLICY DOCUMENT Page 575 of 751 113 12.3.1.8 Appeals An applicant who has been refused permission or is not in agreement with conditions of an approval may, within thirty (30) days of the receipt of the reasons for the decision, appeal to the Minister of Natural Resources, care of the Mining and Lands Commission, who may dismiss the appeal or grant permission. In all cases, hearings/appeals will be conducted in accordance with the "Procedural Guidelines for Appeals, Under the Conservation Authorities Act", October 2005 (refer to Appendix 1). 12.3.2 Terms and Conditions 12.3.2.1 Transfer of Permissions cO Permission granted by Niagara Peninsula Conservation Authety cannot be changed or transferred without prior written approval by Niagara P sula Conservation Authority. Transfers will require the written authorization from the orj I applicant and confirmation that the details of the project have not changed. 12.3.2.2 Additional Conditions of Approval Approvals, permits, etc., may be required other agencies prior to undertaking the work proposed. Niagara Peninsula Consern Authority's permission does not exempt the applicant from complying with any o``I other approvals, laws, statutes, ordinance, directives, regulations, by-laws, etc., that mwect the property or the use of same. 12.3.2.3 Withdrawal of fissions Niagara Peninsula Co ation Authority may, at any time, withdraw any permission given if, in its opinion, the rpietentations contained in the application for permission are not carried out or the conditions of the work permit are not complied with. 12.3.3 Fees Fees for the processing of applications are set by the Board of Directors of the Niagara Peninsula Conservation Authority and must be paid at the time of submitting an application. Fees are non-refundable. For major projects, an additional charge based on actual staff review and inspection time at a rate set by the Board of Directors, may be applied. All fees must be paid prior to the review and issuance of the work permit. The fee schedule is attached to the application form and is available on the NPCA's website. NPCA POLICY DOCUMENT Page 576 of 751 114 12.3.4 Enforcement 12.3.4.1 Request for As -Built Drawings The NPCA may request the submission of as -built drawings to ensure development has been constructed as per the conditions of an NPCA work permit, such as but not limited to, the construction of shorewalls, cut and fill projects or instances where a violation has occurred. The drawings shall be prepared by a qualified professional engineer and may include the need for elevation surveys. 12.3.4.2 Unauthorized Works !\cb (10 Any initiators of unauthorized works that contravene the regulation will kt requested to halt the works immediately. Authority staff will advise the offender(s) of the Regulation and its purpose. Works that proceed without the proponent or their agent o lTiing any permission required under Ontario Regulation 155/06 may result in char,being laid pursuant to Ontario Regulation 155/06 and the Conservation Authorities A4..61 12.3.4.3 Notice of Violation V Normally a "Notice of Violation" will be ®0it to the landowner, their agent and/or the contractor as well as the Clerk of the r ctive municipality. This notice will advise that the subject area is regulated, identify 9 section of the regulation contravened, advise that activities observed require per on and will request that work cease and the respective parties contact Niagara Peninsonservation Authority to discuss options for resolution of the matter within fourteen (1 ys of issue of the Notice. Should the violator not contact the Authority within the sps ed time period, legal action may be pursued under Section 28 of the Conservation Auth,obics Act. 12.3.4.4 Contravention of Other Acts In cases where other legislation, such as the Fisheries Act, Lakes and Rivers Improvement Act, Ontario Water Resources Act, etc. may also have been contravened, Niagara Peninsula Conservation Authority will notify the appropriate authorities and may carry out a coordinated investigation and prosecution. Once contacted, the Conservation Authority will subsequently review the violation in more detail and notify the offender(s) by registered mail with an option(s)/recommendation(s) for resolution of the matter. It may be necessary to obtain additional information/details of the violation before options for resolution of the matter can be NPCA POLICY DOCUMENT Page 577 of 751 115 provided. In this case, specific information will be requested from the offender, by registered mail. 12.3.4.5 Resolution of Violations If the violation is contrary to the Authority's Regulation Policies, the offender(s) will be requested to remove the works and restore the site to its original condition (i.e. prior to the works being undertaken). If the offender(s) chooses not to remove the violation, the Conservation Authority may elect to pursue legal action under Section 28 of the Conservation Authorities Act. The offender may apply for a work permit. If they are in conformity I h the policies of this document, a work permit may be granted. The application willt&De rocessed in a normal manner by the Conservation Authority, in accordance to the ilicies outlined above. The Authority will work with the applicant to ensure that the 4.1% s meet all of the criteria for approval outlined in the appropriate sections of this proc-04 subsequently approved, the works may proceed. `0 If the work permit is refused and the violation coes, the Conservation Authority may elect to pursue legal action under Section 28 of th,k.\onservation Authorities Act. In all cases, The Authority will work to resolve violations vi a timely manner. If the matter is not resolved within a timely manner, the NPCA ma sue legal action. Legal proceedings must commence within two year from the date of wftf the NPCA becomes aware of the offense. The provisions of the Conservation Authorities j'nd the Provincial Offences Act direct the Niagara Peninsula Conservation Authority staffc\n investigating a violation. It is normal that, in a,v,�on to any penalty levied by the court upon conviction, Niagara Peninsula Conserv 1 Authority will seek an order for rehabilitation of the site and/or removal of any buildings,*l and/or structures ruled in contravention of Ontario Regulation 155/06. Rehabilitation measures shall be undertaken within a time frame agreed upon by the NPCA and the offender. e document. If a work permit is 12.3.5 Development Officers In accordance with Section 28 (1) of the Conservation Authorities Act, officers may be appointed to enforce enacted regulations. These officers have the responsibility of liaising with applicants, inspecting properties upon request, and processing the work permit applications. Responsibilities also include investigating and monitoring violation situations as well as NPCA POLICY DOCUMENT Page 578 of 751 116 undertaking all other enforcement work under the regulation, as directed by senior management of the Authority. Regulation officers carry identification for inspection purposes. 12.4 SUPPORTING STUDIES 12.4.1 Study Types In support of an application for development application under the Planning Act (or other request that any of the following supporting impacts of proposed development: a) b) c) d) e) f) g) h) Environmental Impact Study; Geotechnical Study; Flood Plain and Hydraulic Analysis; Coastal Study; within a regulated area or upon reviewing an relevant piece of legislation), the NPCA may studies or plans be combed to clarify the elQs JO Stormwater Management Plans and Hydrolo i rStudy; Erosion and Sediment Control Plans; G.. Landscaping and Vegetation Plans; 0c\ Other supporting studies, as requir O.CC\ 12.4.2 Need for Studies 6N -I In general, the above -noted les apply to forms of development which have unknown risks or impacts, or where mitin measures may be required to reduce the potential for risks and impacts related to flo.`''•g, erosion, dynamic beaches, pollution, and conservation of land. The NPCA recognizes kaot e cost of studies can place a burden on applicants and will work closely with applicants to minimize the need for studies and endeavour to scope each study to the site specific issues. 12.4.3 General Study Requirements The following requirements apply to all studies requested by the NPCA: a) Studies shall be submitted by a suitably qualified professional; b) The NPCA reserves the right to have a completed study peer reviewed by an independent qualified professional; c) Applicants are required to complete a pre -consultation meeting with the NPCA staff to confirm the scope and methods for the study; and, NPCA POLICY DOCUMENT Page 579 of 751 117 d) Studies are to be completed to the satisfaction of the NPCA and any applicable provincial or municipal standards (as the case may be). 12.4.4 Environmental Impact Study (EIS) 12.4.4.1 Need for an EIS An EIS is a tool for objectively assessing the environmental impacts of a proposed development or site alteration, and is both a planning and decision-making tool. An EIS is required where development and site alteration is proposed wholly or partially within, or ad'acent to, a natural heritage feature as defined in Provincial, Regional, local policies and dations. It is also required where development and site alteration is proposed in the Gr elt Natural Heritage System and on lands adjacent to key hydrologic features in the Greer%It. O In the context of an application under the Planning Act, an El equired to confirm the impact of the proposed development on a Regulated feature(s) /or functions. An EIS can also be required to support a work permit application unde Conservation Authorities Act where proposed development has potential to impact ural and/or hydrological features and functions (i.e. conservation of land, interferendith a watercourse or wetland, control of pollution, etc.). Note that not all work permjgj 'pplications under the Conservation Authorities may have been subject to a Planning Application (hence the need for an EIS under the CA Act). GO 12.4.4.2 EIS Requirements OHO There are different stand and requirements for completing an EIS within the watershed. Niagara Region, the Cj Hamilton and County of Haldimand each maintain different technical guidelines for contang an EIS. When preparing an EIS, the applicant and NPCA should refer to the appropriate EIS guideline based on the location of the proposed development, until such time as the NPCA-approved EIS Guidelines for Regulated areas is available. Where a municipality does not have formal EIS guidelines, the NPCA will refer to the Ministry of Natural Resources and Forestry's Natural Heritage Reference Manual. In all cases the applicant must obtain site-specific scoping of the EIS from the NPCA prior to the commencement of the field studies. Furthermore, the NPCA may require a water balance to demonstrate no negative impact to the Hydrological function of a wetland. NPCA POLICY DOCUMENT Page 580 of 751 118 12.4.4.3 Exceptions An EIS may not be required where it is determined by the NPCA, in consultation with the appropriate planning authority, that the natural heritage feature or hydrologic feature does not meet the criteria established for designation as significant. This determination may be based on a preliminary review and site visit. The need for an EIS may also be waived where a similar level of analysis has already been completed through an environmental assessment. 12.4.5 Geotechnical Study A geotechnical study may be required to assess the effect of increaseqDloading on slope stability/failure, the effect of infiltration of surface water on sl$stability/failure, the evaluation of the susceptibility of slopes above or adjacent to a dNelopment to collapse and the use of appropriate and environmentally -sound protection w s. The scope of geotechnical studies will be determined on a site-specific basis through, pre -consultation process with NPCA staff. Refer to policy 6.1.4.8 for additional details. J0 +0 nalysis 12.4.6 Flood Plain Study and Hydra C A flood plain study may be required for prw ,sed development where there exists no flood plain mapping for the subject site, or wh pdated flood plain mapping is required. The study may include hydraulic analysis to a the potential impact on upstream or downstream flooding and erosion potential. Tlb,scope of any hydraulic analysis shall be determined and confirmed through pre-consuln with the application. When generating a flood line, the following information is req > d: a) Explanatiohow the starting water level was determined; b) A descon of how/where flow values utilized in the model were determined; c) A topographic map showing cross-sections and flood lines; d) Hard copy and electronic files of the input and output for existing and proposed conditions; and, e) Electronic files as required. 12.4.7 Coastal Study A coastal study may be required to assess the risks associated with development in or near the shoreline hazard area. The scope of coastal studies will be determined on a site-specific basis through the pre -consultation process with NPCA staff. NPCA POLICY DOCUMENT Page 581 of 751 119 12.4.8 Stormwater Management Plans and Hydrological Study 12.4.8.1 Stormwater Management Plans The Stormwater Management Plans should describe the effect of the planned development on the existing drainage area and environment, and include proposed mitigation measures. If a watershed/sub-watershed plan is available for the proposed area of development, then the Plan should refer to those conclusions and recommendations. Stormwater Management Plans should be prepared in alignment with the NPCA's latest set of Stormwater Management Guidelines and relevant Provincial standards. 12.4.8.2 Hydrological Study elQs A hydrological study may be required to confirm potential impacts on water quality or water quantity. Hydrological studies shall, at a minimum, address the sI swing: a) demonstrate that the development or site alteratict will have no adverse effects on the hydrologically sensitive feature or on the relat+ydrological functions; b) identify planning, design and constructkK4ractices that will maintain and, where possible, improve or restore the healtly. wersity and size of the hydrologically sensitive feature; and, ,,"� c) determine whether the minimungetation�protection zone is sufficient and, if it is not sufficient, specify the dime s&Ps of the required minimum vegetation protection zone and provide for the mak, ance and, where possible, improvement or restoration of natural self-sustainingetation within it. 12.4.9 Erosion .l Sediment Control Plans An Erosion anddiment Control Plan may be required to illustrate how a proposed development will address concerns of erosion and sediment control during and after construction. The detailed requirements for erosion and sediment control plans will be determined through pre -consultation with the NPCA. In general, the Plan should be guided by the following principles: a) Retain existing vegetation and stabilize exposed soils with new vegetation, where appropriate; b) Minimize the duration of soil exposure; c) Minimize slope length and gradient of disturbed areas; d) Maintain overland sheet flow and avoid concentrated flows; NPCA POLICY DOCUMENT Page 582 of 751 120 e) Store/stockpile soil away (e.g. greater than 15 metres, 49 feet) from watercourses, drainage features and top of steep slopes; f) Monitor and adjust the Erosion and Sediment Control Plan to adapt to site features. 12.4.10 Landscaping and Vegetation Plans Landscaping and vegetation plans may be required to illustrate how disturbed areas will be rehabilitated. The detailed requirement for landscaping and vegetation plans will depend on the nature of the application and site conditions. In general, the Plan should be guided by the following principles: a) To the extent possible, all existing vegetation and drain patterns should be maintained; b) Site restoration should include native, non-invasive and I ®y appropriate species; c) Where possible, the vegetation and landscaping plarr�,, "ould provide opportunities for connections to adjacent features, with a particul gfnphasis on improving connections to the natural heritage system; d) The plans should support biodiversity; ,r‘dj e) The plans should conform to any applicmunicipal tree preservation by-laws. 12.5 WATERSHED AND WWATERSHED PLANS G 12.5.1 Purpose and Inttaof Watershed and Sub -watershed Plans A watershed is an area c '�d from which surface runoff (water, sediments, nutrients and contaminants) drain tributaries to the common water body, such as the Mill Creek, Elsie Creek which are Iland River. Watersheds include all water and water -dependent features such as wetlands, forests, urban areas, and agriculture. A watershed plan is a proactive document created cooperatively by government agencies and the community to manage the water, land/water interactions, aquatic life and aquatic resources within a particular watershed to protect the health of the ecosystem as land uses change. Watershed and sub -watershed plans provide specific direction for the overall water and resource management of specific creek systems. The NPCA will continue to work collaboratively with municipalities in the development of watershed plans and any municipally -led watershed or sub -watershed studies. NPCA POLICY DOCUMENT Page 583 of 751 121 12.5.2 Approved Plans The following watershed and sub -watershed plans have been approved and should be considered when reviewing planning act applications and, where appropriate, work permit approvals: a) 12 Mile Creek Watershed Plan b) 15-16-18 Mile Creek Watershed Plan c) 20 Mile Creek Watershed Plan d) Central Welland River Watershed Plan e) Fort Erie Creeks Watershed Plan f) Lake Erie North Shore Watershed Plan g) NOTL Watershed Plan h) One Mile Creek Watershed Plan i) South Niagara Falls Watershed Plan j) Upper Welland River Watershed Plan k) Port Robinson West Sub -watershed Plan elQs OJ 12.6 TECHNICAL GUIDELINWO SUPPORT DECISION- MAKING �� The policies contained within this &Anent are intended to implement and complement a number of provincial, regional a NPCA staff will make use of p following: 1 a) Understandin cal standards, regulations and guidelines. Where required, cial standards and guidelines including, but not limited to, the ural Hazards: Great Lakes — St. Lawrence River System and Large Inland Lalcakativer and Stream System Hazardous Sites (Province of Ontario); b) Technical Guide: River and Stream System: Flooding Hazard Limit (Province of Ontario); c) Procedural Guidelines for Appeals, Under the Conservation Authorities Act; d) Natural Heritage Reference Manual (Province of Ontario); e) Drainage Act and Conservation Authorities Act Protocol (Province of Ontario); f) Stormwater Technical Guide (Province of Ontario); and, g) Other relevant standards and guidelines. NPCA POLICY DOCUMENT Page 584 of 751 122 12.7 NPCA POLICY DOCUMENT AMENDMENTS AND UPDATES 12.7.1 Periodic Reviews of the Policy Document The NPCA will undertake a periodic and comprehensive review of this document at a minimum every ten years to ensure that the policies remain effective and are consistent with the NPCA's mandate under provincial policy and applicable legislation. 12.7.2 Amendments to the Policy Document \(:Z312.7.2.1 Amendment Process Where required, the NPCA may prepare amendments to various skttons of this document to address emerging issues, changes in provincial legislation and.4 ii.modifications to the MOUs between the NPCA and its municipal partners. When pre ng amendments to the Policy Document, the NPCA will:O BOJ a) b) c) d) Pre -consult with the Board and its process for the amendment; Complete an community engagemer�j'irogram to ensure that stakeholders, agencies and landowners within the waed have the opportunity to participate in the amendment process; GO Prepare a discussion paper public review explaining the key issues to be addressed in the amendment; and, 6CQ' Prepare a draft and amendment to be approved by the NPCA Board. 12.7.2.2 Amend((meilQ'ndex Amendments to thOPolicy Document shall be numbered and listed on the inside cover page of the Policy Document, including a brief explanation of the amendment, noting the date and purpose of the amendment. municiliialpartners to confirm issues, timing and 12.7.3 Housekeeping Amendments Minor changes to formatting, numbering, graphics and definitions do not require a formal amendment to this document and may be implemented by Staff as required. NPCA POLICY DOCUMENT Page 585 of 751 123 12.7.4 Variances The NPCA may issue a work permit where in the opinion of the Authority the proposed impacts on the control of flooding, erosion and dynamic beaches, conservation of land and pollution are considered to be minor in nature and the proposed development will not result in increase in risks to human health and safety. Variances shall be approved by the NPCA Board. Note that the variance process is intended to be different than the Hearing process described in 12.3.7.1 (and further explained in Appendix A), which are intended to resolves instances where dispute resolution is required. At a later date, the NPCA will prepare a separate guideline document to describe the process and steps for undertaking a variance. 12.8 INTERPRETATION r\,1' The policies of this Document are based on provincial legislatiVS olicies, plans and guidelines. In cases where there is a conflict between a policy within t Document and a provincial plan, the more restrictive policy/standard should apply (un 5s`Ciere is an explicitly stated exception noted in the Document). NPCA POLICY DOCUMENT Page 586 of 751 124 13.0 DEFINITIONS Agriculture Uses: means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures, including, but not limited to livestock facilities, manure storages, value -retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. KR) Accessory: A use, separate building, or structure normally inciden�,Obordinate, exclusively devoted to and located on the same lot as the principal use, builddng or structure but does not include a building or structure used for human habitation. ANN)� Balanced Cut and Fill: means an engineering technique -Veld to balance flood storage losses resulting from Filling or Development activities withi ood plains. An equivalent volume of earth is removed from the flood plain at approp elevations and locations to offset areas within flood plains that are Filled or developed C. Building: means any structure used for shelter or accommodation of persons, animals, goods or chattels or equipment, ht(1 a roof which is supported by columns or wall and including any tents or awnings whit,are situated on private property. Climate Change: changes in 41g -term weather patterns caused by natural phenomena and human activities that alteree chemical composition of the atmosphere through the build-up of greenhouse gases whiiap heat and reflect it back to the earth's surface. ,� V Conservation of Lard: means the protection, management, or restoration of lands within the watershed ecosystem for the purpose of maintaining or enhancing the natural features and hydrologic and ecological functions within the watershed. Development: in the PPS means the creation of a new lot, a change in land use or the construction of Buildings and Structures which require approval under the Planning Act but does not include: a) activities that create or maintain infrastructure authorized under an Environmental Assessment Process; b) works subject to the Drainage Act; or NPCA POLICY DOCUMENT Page 587 of 751 125 c) for the purposes of PPS policy 2.1.4 (a), underground or surface mining of minerals or advanced exploration on mining lands in Significant areas of mineral potential in EcoRegion 5E, where advanced exploration has the same meaning as under the Mining Act. Instead those matters shall be subject to policy 2.1.5(a) Development: under the Conservation Authorities Act means; a) the construction, Reconstruction, erection or placing of a Building or Structure of any kind; or b) any change to a Building or Structure that would have the effect of altering the use or potential use of the Building or Structure, increasing the sizNgf the Building or Structure, or increasing the number of dwelling units in the Build19 or Structure; or c) site grading; or d) the temporary or permanent placing, dumping or remove f any material, originating on the site or elsewhere. .L\ Dynamic Beach: means an area of inherently unsta Oitcumulations of shoreline sediment along the Great Lakes -St. Lawrence River syste ad large inland lakes, as identified by provincial standards, as amended from time to j v . The dynamic beach hazard limit consists of the flooding hazard limit plus a 30 m dynar�}1�beach allowance. Ecological Function: means the natural tesses, products or services that living and non -living environments provide or perform it or between species, ecosystems and landscapes. These may include biological, physical i;.ocio-economic interactions. Ecosystem Approach: me rr ie linkages and relationships involving air, land, water and living organisms. The approi Is adaptive and recognizes the dynamic nature of watersheds and Watercourses and s� 6 respective landforms. It is intended to restore and maintain the integrity, quality, pliductivity and well-being of the watershed and subwatersheds. Erosion Hazard: means the loss of land, due to human or natural processes, that poses a threat to life and property. The erosion hazard limit is determined using considerations that include the 100 year erosion rate (the average annual rate of recession extended over a one hundred year time span), an allowance for slope stability, and an erosion/erosion access allowance. Evaluated Wetland: A wetland that has been evaluated using the Ontario Wetland Evaluation System (OWES). Existing Lot of Record: means a lot created under The Planning Act prior to the adoption of these policies by the Board of Directors of the Niagara Peninsula Conservation Authority on NPCA POLICY DOCUMENT Page 588 of 751 126 September 15, 1993 for the purposes of the top of bank setback. For the purposes of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation 155/06 regulation, the effective date for an Existing Lot of Record is May 4, 2006 (the date Ontario Regulation 155/06 came into effect). Fill: Is a form of development under the Conservation Authorities Act and includes earth, sand, gravel, rubble, rubbish, garbage, or any other matter whether similar to or different from any of the aforementioned materials, whether originating on the site or elsewhere, used or capable of being used to raise, lower, or in any way effect the existing grade (does not include herbaceous or woody plant material). cc�� Five Tests: The five tests of a work permit application under Ontalvb\Regulation 155/06 including the control of flooding, erosion, dynamic beaches, pollutioNandd conservation of land. tio Flooding Hazard: means the inundation, under the condition •Vcific below, of areas adjacent to a shoreline or a river or stream systems and not ordinarJ overed by water: a) Along the shorelines of the Great Lakes -St. LaVl once River System and large inland lake, the flooding hazard limit is based on the oundred year flood level plus an allowance • for wave uprush and other water relatezards; b) Along river, stream and small inlane systems, the flooding hazard limit is defined as he one hundred year flood. � Flood Fringe: for river, stream ana�maIall inland lake systems, means the outer portion of the flood plain between the floo ' any and the flooding hazard limit. Depths and velocities of flooding are generally lessee in the flood fringe than those experienced in the floodway. Flood Line: means ansineered line delineating the potential extent of flooding, by elevation, as a result of a spLesQ flood event. Flood plain: for a river, stream and small inland lake systems, means the area, usually low lands adjoining a watercourse, which has been or may be subject to flooding hazards. (PPS, 2014) Flood plain Mapping: means the process whereby floodlines are produced and plotted on suitable base maps using procedures approved by the Province of Ontario. The use of computers allows for the detailed identification and consideration of local watershed features, such as drainage areas, soils, land use, flow constrictions, and topography when determining flows and flood levels. NPCA POLICY DOCUMENT Page 589 of 751 127 Floodproofing: means the combination of measures incorporated into the basic design and/or construction of buildings, structures, or properties to reduce or eliminate flooding hazards, wave uprush and other water -related hazards along the shorelines of the Great Lakes - St. Lawrence River System and large inland lakes, and flooding hazards along river, stream and small inland lake systems. Floodway: for river, stream and small inland lake systems, means the portion of the flood plain where development and site alteration would cause a danger to public health and safety or property damage. Where the one zone concept is applied, the floodway is the entire contiguous flood plain. Where the two zone concept is applied, the floodway is the contiguous inner portion of the flood plain, representing that area required for the saf'ssage of flood flow and/or that area where flood depths and/or velocities are considered to�.bbe such that they pose a potential threat to life and/or property damage. Where the tv 000ne concept applies, the outer portion of the flood plain is called the flood fringe. Habitable Structure: means any building or structure use , or intended to be used, for living, sleeping or the preparation of food. +0 Hazardous Lands: When applying the Conserva uthorities Act, hazardous land means land that could be unsafe for development becauQ naturally occurring processes associated with flooding, erosion, dynamic beaches or un e soil or bedrock. Hazardous Lands: When applying tKce)93lanning Act, means property or lands that could be unsafe for development due to,erally occurring processes. Along the shorelines of the great lakes - St. Lawrence River syst#, this means the land, including that covered by water, between the international boundarehere applicable, and the furthest landward limit of the flooding hazard, erosion haza0+i- dynamic beach hazard limits. Along the shorelines of large inland lakes, this means j Oand, including that covered by water, between a defined offshore distance or depth and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. Along river, stream and small inland lake systems, this means the land, including that covered by water, to the furthest landward limit of the flooding hazard or erosion hazard limits. Hazardous Site: means property or lands that could be unsafe for development and site alteration due to naturally occurring hazards. These may include unstable soils (sensitive marine clays Ueda], organic soils) or unstable bedrock (karst topography). Hydraulic Floodway: the inner portion of the flood plain where flood depths and velocities are generally higher and faster flowing than those experienced in the outer or fringe portion of the NPCA POLICY DOCUMENT Page 590 of 751 128 overall flood plain. The floodway represents that area required for the safe passage of flood flow and/or that area where flood depths and/or velocities are considered to be such that they pose a significant threat to life and/or property damages. Hydrologic Function means: means the functions of the hydrological cycle that include the occurrence, circulation, distribution and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water's interaction with the environment including its relation to living things. Inert: In the context of fill means earth or rock fill or waste of a similar nature that contains no putrescible materials or soluble or decomposable chemical substances. t\cb Infrastructure: Infrastructure means physical structures (facilities apddOrridors) that form the foundation for development and includes: OJ (." a) Sewage and water systems; b) Septage treatment systems; c) Stormwater management systems; d) Waste management systems; e) Electricity generation facilities; f) Electricity transmission and distribusystems; g) Transportation corridors and facia s; and, h) Oil and gas pipelines and ass ed facilities. Intermittent Watercourse: Int e r etent systems flow continuously for only a portion of the year, or are consistently dry, dura he summer months. If a watercourse flows during brief periods (usually during the spriond/or fall), or for brief periods following storm events during the summer months,�i or,a defined channel but is dry for at least three months of the year, it should be consid6vdd intermittent. If the watercourse is categorized as an intermittent system, but habitats are present within the drain where there are known sensitive species, the drain cannot be considered intermittent. Large Fill: Includes the placement of fill which is greater than 250m3 (8829 cubic feet). Legal or Technical Reasons: means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. Minor Works: means a category of Development within the flood plain which has relatively small economic value and will not lead to significant economic hardship if lost in times of severe NPCA POLICY DOCUMENT Page 591 of 751 129 flooding. The construction of Minor Works does not require detailed Floodproofing measures and therefore there is an assumption of risk associated with the Development. Municipal Drain: A "drainage works" as defined under the Drainage Act. Under the Act, a drainage works is defined as a drain constructed by any means, including the improving of a natural watercourse, and includes works necessary to regulate the water table or water level within or on any lands or to regulate the level of the waters of a drain, reservoir, lake or pond, and includes a dam, embankment, wall, protective works or any combination thereof. To be a municipal drain, there must be a municipal by-law that adopts an engineer's report that defines the drainage system and states how the cost of the system is to be shard among property owners. 5\ 100 Year Flood: means a flood which has a one percent probaliqty of occurring or being exceeded in any given year. This flood is likely to occur or be eeded on an average of once every one hundred years. It is the flood used for regulatory poses in the Niagara Peninsula with the exception of three watersheds located within tthhe of Niagara Falls. 100 Year Flood limit (for the shorelines of the Gr \ Lakes): means the peak instantaneous stillwater level , resulting from combinations of n monthly lake levels and wind setups that have a 1% chance of being equaled or exceedd to any given year. Original Ground Floor Area: means tlground floor area of a Building at current grade, measured by the total dimensionie exterior face of the Structure. For purposes of the Authority's cumulative exceedaqequirements, original floor area of Building would be the floor area of a Building that [ed on or after May 4th, 2006 for the purposes of Buildings in the flood plain (date on which®,ario Regulation 155/06 came into effect). Passive RecreationVges: means recreational activities that occur in a natural setting which require minimal Aselopment or facilities, and the importance of the environment or setting for the activities is greater than in developed or active recreation settings. Permanent Watercourse: Permanent systems flow year round, or are consistently wet. If a watercourse continues to flow (in an average year), or is consistently wet, during the dry summer months, it should be considered permanent. Provincially Significant Wetland: an area identified as provincially significant by the Ontario Ministry of Natural Resources and Forestry using evaluation procedures established by the Province, as amended from time to time. NPCA POLICY DOCUMENT Page 592 of 751 130 Pollution: means any deleterious physical substance or other contaminant that has the potential to be generated by development in an area to which a regulation made under Section 28 of the Conservation Authorities Act. Regional Storm: The Regional Storm used for this part of Ontario is the Hurricane Hazel storm. This storm occurred over the Humber River watershed in October, 1954. This storm is used for regulatory purposes for three watersheds located within the City of Niagara Falls. A more technical definition of the Regional Storm is outlined in Ontario Regulation 99/91. Reconstruction: The restoration of a building or structure to its original form (i.e. same dimensions, square footage and building footprint). (� \� Regulatory Flood: means the Regulatory Flood is the 100 Year Fodor the entire Niagara Peninsula Conservation Authority with the exception of three watersheds located within the City of Niagara Falls. The Regional Storm is the Regulatory FI with Shriner's Creek, Ten Mile Creek and Beaverdam's Cree 9.? or the watersheds associated cluding Tributary W-6-5). Riparian Vegetation: means the plant communities ire riparian zone, typically characterized by hydrophilic plants. Riparian Zone: means the interface between rid and a flowing surface water body. Riparian is derived from Latin ripa meaning river bares`` Runoff: That part of precipitation, rib melt, or irrigation water that runs off the land into streams or other surface water. kern carry pollutants from the air and land into the receiving waters. Significant Habitat: Me is any habitat which is or would be defined as Significant Wildlife Habitat through alVyVe provincial Significant Wildlife Habitat technical guidance documents, or which is ecologically important in terms of features, functions, representation or amount, and contributing to the quality and diversity of an identifiable geographic area, natural heritage system or Regulated feature. Special Policy Area: means an area within a community that has historically existed in the flood plain and where site-specific policies, approved by both the Ministers of Natural Resources and Municipal Affairs and Housing, are intended to provide for the continued viability of existing uses (which are generally on a small scale) and address the significant social and economic hardships to the community that would result from strict adherence to provincial policies concerning development. The criteria and procedures for approval are established by the Province. A Special Policy Area is not intended to allow for new or intensified development and NPCA POLICY DOCUMENT Page 593 of 751 131 site alteration, if a community has feasible opportunities for development outside the flood plain. Species of concern: means any species that is listed or categorized as a special concern species by the Ontario Ministry of Natural Resources and Forestry or that has been given a ranking of S3 imperiled or higher by the Ontario Natural Heritage Information Centre, as updated from time to time. Species at Risk: Means any species that is listed or categorized as Endangered or Threatened on the Ontario Ministry of Natural Resources and Forestry official Species at Risk list, as updated and amended from time to time. \s:b Stormwater: Includes stormwater runoff, snow melt runoff, surface runoFffand drainage. It excludes infiltration. c Stormwater Management (SWM): Practices implemented to.$btect natural waterways and receiving waters from urban impacts. Controls used inclu (Peak flow control for flood control, peak flow and volume control to mitigate erosion impis and water quality controls for water quality impacts. �� V� Structure: means that which is built and care clude, but is not limited to, dwellings or other Buildings or partial Building, all of whiff*quire footings or foundation support, as well as retaining walls, septic systems, private ds, parking lots, berms, swimming pools and decks. Valleylands: means a natural arik.Qtt at occurs in a valley or other landform depression that has water flowing through or sta for some period of the year. 0 Watercourse: means ayientifiable depression in the ground in which a flow of water regularly or continuously oc< . Wave uprush: means the rush of water up onto a shoreline or structure following the breaking of a wave; the limit of wave uprush is the point of furthest landward rush of water onto the shoreline. Watershed: means an area that is drained by a river and its tributaries. Wetland, under the Conservation Authorities Act: means land that a) is seasonally or permanently covered by shallow water or has a water table close to or at its surface, b) directly contributes to the hydrological function of a watershed through connection with a surface watercourse, c) has hydric soils, the formation of which has been caused by the presence of abundant water, and d) has vegetation dominated by hydrophytic plants or water tolerant NPCA POLICY DOCUMENT Page 594 of 751 132 plants, the dominance of which has been favoured by the presence of abundant water, but does not include periodically soaked or wet land that is used for agricultural purposes and no longer exhibits a wetland characteristic referred to in clause c) or d). Wetland, under the Planning Act (Provincial Policy Statement): means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. NPCA POLICY DOCUMENT Page 595 of 751 APPENDIX A SECTION 28(3) CONSERVATION AUTHORITIES ACT HEARING GUIDELINES ,`0 NPCA POLICY DOCUMENT Page 596 of 751 APPENDIX B MNR DELEGATION OF NATURAL HAZARDS TO CONSERVATION AUTHORITIES ,`0 NPCA POLICY DOCUMENT Page 597 of 751 Na ,`O NPCA POLICY DOCUMENT APPENDIX C CONSERVATION AUTHORIES ACT, ONTARIO REGULATION 155/06, o 9. .cc�Oc Page 598 of 751 NPCA Policy Document Appendix D September 19, 2018 WELLAND RIVER FLOODPLAIN ASSOCIATION Representing Property Owners in the Welland River Watershed Mr. Chair, Mr. Vice Chair, Members of the Board, good morning and thank you for the opportunity to speak to you today. I am here today representing the Welland River Floodplain Association. Our group was formed in January 2012 to address community concerns regarding the expansion of the regulatory floodplain along the Welland River by this Agency. Since that time, we have worked with our communities, this Board, NPCA staff, politicians at all levels of Government and technical and engineering professionals in our attempts to successfully resolve this issue. In addition to our ongoing concerns regarding the completion of the Welland R. oodplain mapping project, we were also very concerned about regulatory policies. We felt that t revious policy document was arbitrarily and unnecessarily restrictive. Two years ago, whOsthe NPCA initiated the project to update and revise the main policy document, we wanted to Octicipate in that process. NO We feel that the process, although lengthy, has been mostly positi" _ _ e have engaged members of our communities, attended all public information meetings, partici Pd in the Watershed Floodplain Committee and Paddy Kennedy from Dillon has been very to our many suggestions and recommendations. For those property owners who find themselves in xegulated area, our initial concerns, although many and varied, can largely be distilled into three m reas. We felt that there were unreasonable restrictions to building, to the placement of aterial, and for the requirement to provide a lengthy list of expensive and complex technical s6.(41) With regards to building, we feel th bse property owners who find themselves in the floodplain, should be allowed to live and enjeir properties like all others. The risk, which exists in only the rarest, most extreme condition- if at all, is simply in being there in the first instance, not in the size of your house or in the numle type of accessory structures on your property. We feel that the easing of some of the restrictions' reflected in section 4.0 should meet the needs of most property owners most of the time. We are4Qely satisfied with the improvements in this area. With regards to the placement of fill material, we believe that restrictions are largely driven by the ideological desire to maintain flood water "storage" capacity. We strongly believe that any placement of fill material in all but the largest projects is so small as to make a negligible and immeasurable impact on design storm flooding levels. Additionally, we feel that "Cut and Fill" permit requirements do nothing to reduce flooding. In fact, we believe that the CA would be more productive by promoting the placement of fill for best practices flood proofing and mitigation measures and we would like to see more efforts in this area. None the less, the small increase in allowable fill placement is a step in the right direction. We urge staff to set your radar high enough to avoid engagement in small construction or landscaping projects by individual landowners. With regards to studies and engineering reports, we don't feel that there has been much progress in this area. If you look at clause 12.4, the CA reserves the right to demand at least nine different types of Page 599 of 751 NPCA Policy Document Appendix D September 19, 2018 studies plus "other supporting studies as required". Many of these studies are complex and expensive, requiring engineers or other professionals. When faced with these requirements, many applicants do not have the knowledge or the resources to proceed and simply throw up their hands in defeat. For example, in clause 10.2.3, in order to permit the placement of over 250 m3 of fill, (about ten truck loads) five or more studies could be required. Most troubling of all, clause 12.4.6 requires an individual property owner to complete a floodplain mapping study where one does not currently exist. Not only is this a complex, expensive undertaking as many of us have come to understand over the past seven years, but flooding or water flows do not respect an individual's property lines or other arbitrary boundaries. There is no standardized methodology for floodplain mapping. Multiple studies, on behalf of individual property owners, by different engineers, perhaps using different modeling techniques and data sets will result in a patchwork map that serves no purpose. If this agency takes flood monitoring seriously, it must take an integrated and co-ordinated approach to floodplain mar Ai: in order to maintain accuracy and consistency. Do not burden or depend on property ow to complete this work. We are concerned that CA staff can request any study at any time with downside or financial commitment. We would like to see much more burden of proof on, IVCA that a study is required and more partnership with property owners to avoid complex, time*sliming and expensive studies unless absolutely necessary. We urge staff to do as much prelimirlakdt rk as is practical to ensure that technical studies are necessary before burdening propert V'ners with these requirements. We recognize and appreciate the time and effort thas gone into the revision of this document by staff, Board members, Watershed Floodplain Corr,tee members and especially Paddy Kennedy from Dillon. Even though, as indicated, we are not e.?usiastic about certain clauses, in the interests of moving forward, we support the adoption is draft. We do have a few suggestions and recti.ipmeendations that we would like to share. 1) Clause 12.7.4 describes posal for a Minor Variance process to be developed in the future, whereby an owner seeRs elief from the letter of some policy in similar fashion as is common with municipalitieee think this proposal has merit and we hope that this can be implemented ASAP. We woul?ke to see a reasonable fee structure and hope that the arbitrators can include members AO public. 2) If this policy review and revision process is in fact nearing completion, we would like to see attention returned to the Welland River floodplain mapping project. Our Association has devoted almost seven years to date to this project. We already have one member who did not live to see the final outcome. 3) We hope and expect that the CA will fulfil their promise and obligation to host another set of public information meetings to show the final floodplain lines and to explain the latest regulatory policies. 4) As this agency moves forward with other public facing projects including any future floodplain mapping projects, please don't make the same mistakes that initially plagued the Welland River project. Engage the public throughout, not because you may be criticized for not engaging, but because you value the input from those impacted in the community. Do it not because you have to, but because you want to. Page 600 of 751 Thank you for the opportunity to speak to you today. NPCA Policy Document Appendix D September 19, 2018 Page 601 of 751 Aitt t�4%itrra Sioa Gaunt^- The M i uairt.., October 31, 2018 Doug Ford Premier of Ontario Room 281, Legislative Building, Queen's Park Toronto, ON M7A 1A1 Thorold premier(c�ontario. ca Dear Premier Ford: Re: Appointment of Niagara Peninsula Conservation Authority (NPCA) Supervisor Please be advised Thorold City Council, at its October 2, 2018 meeting, adopted the following resolution: 1. That the Province of Ontario appoint a supervisor to the NPCA for no longer than a 2 year period as outlined in the Auditor General's Report. 2. That this motion be forwarded to all area municipalities, area MPP's, and MP's for their support. Yours truly, Donna Delvecchio City Clerk DD:cd ec: M. Dilwaria, Chief Administrative Officer V. Badawey, MP, Niagara Centre, vance.badaweyaparl.gc.ca 1 Burch, MPP, Niagara Centre, JBurch-QPP,ndp.on.ca Local Area Municipalities City of Thorold P.O. Box 1044, 3540 Schmon Parkway, Thorold, Ontario L2V 437 wn+wv.choraldcam Tel: 905-227-6613 Page 602 of 751 NiagaraIWArJ Region Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PD Box 1042, Thorold, ON I -2V 4T7 Telephone: 905-980-6000 Toll-free: I-800-763-7215 Fax: 905-687-4977 www.ni agararegion.ca October 10, 2018 Council Session, October 4, 2018 Linking Niagara Transit Committee Session, September 12, 2018 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY RE: Universal Support Person Pass Inter -Municipal Transit Service Implementation Strategy, and Inter -Municipal Transit Financial impact Analysis Minute Item 10.2.5, CL 63-2016, October 4, 2018 Regional Council at its meeting held on October 4, 2018, passed the following recommendations of its Linking Niagara Transit Committee: That Report LNTC-C 20-2018, dated July 25, 2018, respecting Universal Support Person Pass, BE RECEIVED and the following recommendations BE APPROVED: 1. That Committee ENDORSE the Universal Support Person Pass, outlined in Appendices 1 and 2 of Report LNTC-C 20-2018; 2. That Report LNTC-C 20-2018 BE CIRCULATED to the Local Area Municipalities; and, 3. That the Local Area Municipalities that currently operate transit services - City of Niagara Falls, City of Welland, St. Catharines Transit Commission, Town of Fort Erie, City of Port Colborne, Town of Pelham, Town of Niagara -on -the - Lake, Town of Lincoln and City of Thorold — BE REQUESTED to take necessary steps toward implementation of the Universal Support Person Pass, as outlined in Appendices 1 and 2 of Report LNTC-C 20-2018. That Report LNTC-C 21-2018, dated September 12, 2018, respecting Inter - Municipal Transit (IMT) Service Implementation Strategy and Report LNTC-C 22- 2018, dated September 12, 2018, respecting Inter -Municipal Transit Financial Impact Analysis, BE RECEIVED and the following recommendations BE APPROVED: Page 603 of 751 Local area municipalities Recommendations of the Linking Niagara Transit Committee October 10, 2018 Page 2 1. That this report BE REVIEWED in conjunction with the Inter -Municipal Transit (IMT) Financial Impact Analysis (LNTC-C 22-2018) and the IMT Capital Plan 2019 (LNTC-C 23-2018); 2. That the IMT Service Implementation Strategy outlined in this report BE ENDORSED; 3. That the framework outlined in Appendix 1 of Report LNTC-C 21-2018 BE ENDORSED for the development of a business case relating to the governance of transit services in Niagara; 4. That, together with LNTC-C 22-2018 and LNTC-C 23-2018, Report LNTC-C 21-2018 BE RECOMMENDED through Public Works Committee to the Budget Review Committee for 2019 Budget deliberations; and, 5. That Report LNTC-C 21-2018 BE DISTRIBUTED to Local Area Municipalities for their information; 6. That Report LNTC-C 22-2018 BE REVIEWED in conjunction with the Inter - Municipal Transit (IMT) Service Implementation Strategy (LNTC-C 21-2018) and the IMT Capital Plan 2019 (LNTC-C 23-2018); 7. That staff BE DIRECTED to continue working with Local Transit operators to measure future financial impacts resulting from the implementation of the 2019 Inter -Municipal Transit Service Plan; and 8. That Report LNTC-C 22-2018 BE DISTRIBUTED to the local area municipalities for their information. 9. That Niagara Region CONSIDER funding the cost of the Pelham, Port Colborne and Fort Erie feeder routes effective January 1, 2019. A copy of reports LNTC-C 20-2018, LNTC-C 21-2018, LNTC-C 22-2018 and LNTC-C 23-2018 are enclosed for your reference Yours truly, Ann -Marie Norio Regional Clerk CLK-C 2018-124 :MT Page 604 of 751 Local area municipalities Recommendations of the Linking Niagara Transit Committee October 10, 2018 Page 3 cc: M. Robinson, Director, GO Implementation Office, Niagara Region R. Tripp, Commissioner, Public Works, Niagara Region Page 605 of 751 Niagara Region LNTC-C 20-2018 July 25, 2018 Page 1 Subject: Universal Support Person Pass Report to: Linking Niagara Transit Committee Report date: Wednesday, July 25, 2018 Recommendations 1. That Committee ENDORSE the Universal Support Person Pass outlined in Appendices 1 and 2 of this report. 2. That Report LNTC-C 20-2018 BE CIRCULATED to the Local Area Municipalities; and 3. That the Local Area Municipalities that currently operate transit services - City of Niagara Falls, City of Welland, St. Catharines Transit Commission, Town of Fort Erie, City of Port Colborne, Town of Pelham, Town of Niagara -on -the -Lake, Town of Lincoln and City of Thorold — BE REQUESTED to take necessary steps toward implementation of the Universal Support Person Pass as outlined in appendices 1 and 2 of Report LNTC-C 20-2018. Key Facts • Accessibility for Ontarians with Disabilities Act (AODA), 2005 — O. Reg. 429/07 section 4 requires valid, fare paying customers with a disability be able to travel accompanied by a support person (if required) for communication, mobility, personal care or medical needs while travelling on public transit. • The Niagara Transit Service Delivery and Governance Strategy, 2017 (Dillon Report) supports the need for a seamless customer experience when travelling in different municipal transit systems in Niagara. • The Universal Support Person Pass (USPP) herein has been developed and endorsed for implementation by the Inter -Municipal Transit Working Group. • Pending approval, the Universal Support Person Pass will roll-out to existing specialized transit customers beginning in September, 2018 with full implementation for conventional transit effective January 1, 2019. Financial Considerations Implementation of the Universal Support Person Pass requires a one-time capital expenditure of approximately $3,500 to facilitate the purchase of the card printing technology which can be accommodated within the existing budget. The staff time required to process applications can be accommodated with the current staff complement. 1 Page 606 of 751 LNTC-C 20-2018 July 25, 2018 Page 2 Analysis In compliance with the AODA (2005), any individuals with a disability requiring an accompanying support person to travel on public transit will be eligible to apply for the Universal Support Person Pass. This legislative compliance also requires that the pass be recognized by all transit systems across Ontario. This initiative is another example of the Inter -Municipal Working Group's (IMTWG) customer facing improvements to enhance the rider experience, create further integration among Niagara's transit systems and create a seamless, harmonized policy. Appendix 1 contains the USPP application which requires the applicant be assessed by a medical professional consistent with those recognized by the AODA. Approved applicants will receive the Pass which they will present to transit drivers with their full fare at the point of boarding the bus, enabling their support person to travel with them at no additional charge. Beginning in September 2018 each Niagara transit provider offering specialized transit service will contact their customers who have already been identified as requiring a support person. These clients will be given the option to receive a Universal Support Person Pass and will need to authorize the current transit provider share their personal information with Niagara Region for the express purpose of processing and issuing the Pass. Niagara Region will be responsible for maintaining the Universal Support Person Pass database and issuing the Passes. The validity of the card will extend for two years, in keeping with the interim branding of Moving Transit Forward. Throughout the fall of 2018 a communications plan will be put in place to inform the public and client group of the roll-out for the Universal Support Person Pass for conventional transit, effective January 2019. Pending Committee's endorsement, the Universal Support Person Pass report will be circulated for adoption by each municipality offering transit service. Alternatives Reviewed The IMTWG considered whether each municipality should independently maintain their own client list and issue passes. This alternative was not recommended in keeping with the principles of the MOU for a streamlined and customer -centric approach. 2 Page 607 of 751 LNTC-C 20-2018 July 25, 2018 Page 3 Relationship to Council Strategic Priorities The enabling actions outlined in this report, supported by leadership of the LNTC and the work of the IMTWG will advance the Council Strategic Priority to "...support municipalities in developing a long-term solution for inter -municipal transit". Other Pertinent Reports LNTC-C 4-2018 Prepared by: Leah Tracey Project Coordinator GO Implementation Office Submitted by: Carmelo D'Angelo, BSc, MPA Chief Administrative Officer Recommended by: Ron Tripp, P.Eng. Commissioner Public Works Department This report was prepared in collaboration with the IMTWG in consultation with Matt Robinson, Director - GO Implementation Office; Rob Salewytsch, Transit Planning Coordinator — GO Implementation Office; Steve Murphy, Policy and Sustainability Analyst — Niagara Region; Sterling Wood, Legal Counsel — Niagara Region Appendices Appendix 1 Universal Support Person Pass Application 4-8 Appendix 2 Universal Support Person Pass 9 3 Page 608 of 751 Regional Municipality of Niagara Niagara Region Transit LNTC-C 20-2018 Appendix 1 Niagara Region Transit APPLICATION FOR SUPPORT PERSON PASS, CONVENTIONAL TRANSIT You may be eligible for a Support Person Pass if you are unable to travel independently and require assistance on conventional transit. Please note that all conventional transit is fully accessible for those with mobility, visual, cognitive or other disabilities. In order to be eligible to have a support person accompany you free of charge on any conventional transit service, you are required to: • complete Part "A" of this application • have your health care provider complete Part "B" of this application – a listing of approved professionals is found on the last page of this application package If approved, a Support Person Pass will be issued to you which enables you to travel with one passenger of your choice at no additional charge. Please note that you will be required to present your Support Person Pass at the time of boarding in order to receive this benefit. Submit Part "A" and "B" of this application to: In Person By Mail Niagara Region By Fax 905-685-0013 Transportation Services 1815 Sir Isaac Brock Way P.O. Box 1042 By -email transit@niagararegion.ca Thorold, ON L2V 4T7 Please note the following excerpt taken from the Integrated Accessibility Standards (IASR) Act., Regulation 191-11 38.(1) No conventional transportation service provider and no specialized transportation service provider shall charge a fare to a support person who is accompanying a person with a disability, where the person has a need for a support person. (2) It is the responsibility of a person with a disability to demonstrate to a transportation service provider described in subsection (1) their need for a support person to accompany them on the conventional or specialized transportation service and to ensure that the appropriate designate for a support person is in place. For questions please contact: 905-980-6000, ext. 3550 or 1-888-263-7215, ext.3550 Page 1 'Personal information on this form is collected under the Authority of the lunicipal Act, R.S.O., 2001, c.25 as amended and is used solely to determine eligibility for transit services offered by the (municipality name) or Freedom of Information Act for Commission Page 609 of 751 Regional Municipality of Niagara Niagara Region Transit LNTC-C 20-2018 Appendix 1 PART "A" Support Person Pass Application Form — Personal Information Section 1. PERSONAL INFORMATION Date of Birth: / (last name) (first name) (mo) (day) (street address) (street name) (year) (postal code) (name of residence: if applicable) (day time phone) (evening phone) (mobile or TTY phone) (e-mail) I hereby certify to the best of my knowledge that the information given in this application is correct. By signing below, I hereby authorize the Regional Municipality of Niagara or their agents to use this application to determine my eligibility by reviewing the information contained herein. I further authorize the Health Care Professional who signed Part "B" of this application to release any information to the Regional Municipality of Niagara or their agents for purposes of determining eligibility. In addition, I certify that my consent is freely given to the Regional Municipality of Niagara or their agents to share the information contained within this application with other transit service providers for the purpose of providing this service. By signing below, I am aware that my continued eligibility may be re -assessed from time to time by the Regional Municipality of Niagara or their agents. Signature of applicant Date: Signature of Guardian or Power of Attorney (proof may be required) Date: (if required) Name (please print) of Guardian or Power of Attorney Address of Guardian or Power of Attorney Page 2 'Personal information on this form is collected under the Authority of the 5..inicipal Act, R.S.O., 2001, c.25 as amended and is used solely to determine eligibility for transit services offered by the (municipality name) or Freedom of Information Act for Commission Page 610 of 751 Regional Municipality of Niagara Niagara Region Transit PART "A" Support Person Application Form Section 2. LNTC-C 20-2018 Appendix 1 1. How does your disability prevent you from accessing conventional transit services independently? 2. Please describe the type of assistance your support person will provide during your transit trip. OFFICE USE ONLY Review Date: (mm — dd-yyyy) 0 Approved 0 Permanent ❑ Temporary: Until Page 3 'Personal information on this form is collected under the Authority of the Ainicipal Act, R.S.O., 2001, c.25 as amended and is used solely to determine eligibility for transit services offered by the (municipality name) or Freedom of Information Act for Commission Page 611 of 751 Regional Municipality of Niagara Niagara Region Transit LNTC-C 20-2018 Appendix 1 PART "B" Support Person Application Form — Medical Information TO BE COMPLETED BY A HEALTH CARE PROFFESSIONAL To the Health Care Professional: You are being asked by the applicant named in either Part A of this application to provide information regarding their ability to make use of one of the following transit options: Part A Support Person Card Identification — if approved, this allows the transit user to have a support person ride free with them on any conventional transportation. (Conventional transit is also fully accessible with low floor service, wheelchair or scooter acces and other disabilities) Please review Part "A" of this application to understand the intent of the applicant. An applicant's eligibility for a Support Person Card is directly dependent on their inability to use conventional, accessible transportation independently. It does not necessarily depend on medical problems such as cardiovascular diseas, pulmonary disease or old age, but they may be taken into consideration as additional factors. In addition, a lack of local conventional transit does not consititute eligibility for specialized transit services. Please note that all conventional transit is fully accessible for those with mobility, visual, cognitive or other disabilities. Please complete the following: (applicants last name) (applicants first name) Date: / (mo) (day) (year) 1. In your professional opinion does the applicant have a disability that requires them to have a support person in order to use conventional, accessible transit? (i.e., they are not able to self - direct their own care while on board the vehicle) 0 yes 0 no 2. If this is a temporary condition, please advise of an approximate date that the applicant could begin to independently use conventional accessible transit. Date: / / (mo) (day) (year) Page 4 'Personal information on this form is collected under the Authority of the ATlunicipal Act, R.S.O., 2001, c.25 as amended and is used solely to determine eligibility for transit services offered by the (municipality name) or Freedom of Information Act for Commission Page 612 of 751 Regional Municipality of Niagara Niagara Region Transit LNTC-C 20-2018 Appendix 1 0 I have read Part A in it's entirety Name of Health Care Proffessional: Address: Telephone: To the Health Care Professional completing this form, please note if you are a Member of: 0 The College of Physiotherapists of Ontario. OThe College of Chiropractors of Ontario. 0 The College of Physicians and Surgeons of Ontario OThe College of Optometrists of Ontario. 0 The College of Occupational Therapists of Ontario OThe College of Nurses of Ontario 0 The College of Audiologists and Speech -Language Pathologists of Ontario. OThe College of Psychologists of Ontario 0 The College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario (please print title and name) Applications are to be submitted to: (signature) In Person Niagara Region By Fax 905-685-0013 By Mail Transportation Services 1815 Sir Isaac Brock Way P.O. Box 1042 By -email transit@niagararegion.ca Thorold, ON L2V 4T7 Page 5 'Personal information on this form is collected under the Authority of the linicipal Act, R.S.O., 2001, c.25 as amended and is used solely to determine eligibility for transit services offered by the (municipality name) or Freedom of Information Act for Commission Page 613 of 751 / % $ / = 0 o q CD nt. }._ 0 o = - \ k 0 k 0 SUPPORT PERSON This card is not transferrable and must 0) = d _ .S p 00 0- = _ 0 as _ P "� % ar " 10 = CD 0 >4 o = E E 0 m = = 0 . Ce4 'CC c Page 614 of 751 Niagara Region LNTC-C 21-2018 September 12, 2018 Page 1 Subject: Inter -Municipal Transit (IMT) Service Implementation Strategy Report to: Linking Niagara Transit Committee Report date: Wednesday, September 12, 2018 Recommendations 1. That this report BE RECEIVED for information and reviewed in conjunction with the Inter -Municipal Transit (IMT) Financial Impact Analysis (LNTC-C 22-2018) and the IMT Capital Plan 2019 (LNTC-C 23-2018); 2. That the IMT Service Implementation Strategy outlined in this report BE ENDORSED; 3. That the framework outlined in Appendix 1 BE ENDORSED for the development of a business case relating to the governance of transit services in Niagara; 4. That together with LNTC-C 22-2018 and LNTC-C 23-2018, this report BE RECOMMENDED through Public Works Committee to the Budget Review Committee for 2019 Budget deliberations; 5. That this report BE DISTRIBUTED to Local Area Municipalities for their information. Key Facts • The purpose of this report is to propose an accelerated IMT Service Implementation Strategy for service enhancements which are based in part, on recommendations outlined in the Dillon Report1. • The proposed IMT Service Implementation Strategy consists of three phases, undertaken in tandem with ongoing information gathering for transit services governance discussions: Phase 1 (September 2018): Optimization of existing IMT services, plus Wave 1 customer service improvements. Phase 2 (Fall/ Winter 2019/2020): Increased IMT service to 30 minute frequency plus new Link service into West Niagara and Pelham, transferred ownership/operations of Port Colborne and Fort Erie Link service, expanded Sunday /Holiday service, and Wave 2 of customer service improvements. 1 Niagara Transit Service Delivery and Governance Strategy, January 2017 10 Page 615 of 751 LNTC-C 21-2018 September 12, 2018 Page 2 Phase 3 (Fall 2020): Strategic long-term service planning and major capital investment decisions driven by transit governance structure. • Detailed financial impacts and capital requirements related to the proposed IMT Service Implementation Strategy are outlined in reports LNTC-C 22-2018 and LNTC-C 23-2018. • The proposed IMT service enhancements are required independently from the implementation of a new transit governance structure; however, the accelerated timeline demonstrates Niagara Region's commitment towards IMT and will streamline any potential transition resulting from the future governance decision. • The accelerated timeline correlates with Niagara's desire for an accelerated implementation of daily GO Rail Service, as it is critical for the Region to establish a fully operational IMT service in advance of daily GO Rail Service arrival to Niagara in or before 2021. Financial Considerations The detailed five year financial impact forecast associated with the proposed IMT Service Implementation Strategy (outlined in Appendix 1) is provided in report LNTC-C 22-2018. The summarized capital and operating expenditures for Niagara Region Transit (NRT) are presented in Table 1 below. A full description of Phase 1 and Phase 2 service changes are described in the "Analysis" section of this report and outlined in Appendix 2. Table 1: Financial Outlook from proposed NRT Service Plan 2017 2018 2019 2020 2021 2022 Service hours Existing Fleet / Replacements Incremental Fleet Re.uirements Total Fleet Base Service 41,000 11 11 Phase 1 (Sep 2018) 48,000 +6 17 Phase 2 (Sep 2019) 89,000 +14 31 Continue Phase 2 149,000 2 31 New Base Service 151,000 7 31 151,000 7 31 Capital Cost $3,275,000 $13,900,000 $ 1,500,000 $ 5,000,000 $ 5,000,000 Net Operating Cost Vice. (Year over Year) $2,687,778 $3,121,086 $ 8,326,780 $13,631,299 $13,918,019 $14,282,263 $ 433,308 $ 5,205,694 $ 5,304,519 $ 286,719 $ 364,245 Incremental Impact (Chg over 2017 Base) $ 433,308 $ 5,639,002 $10,943,521 $11,230,240 $11,594,485 Capital Impacts In addition to the 11 buses currently owned by the Region, the proposed IMT Service Implementation Strategy requires 6 additional buses in 2018 and another 14 buses in 11 Page 616 of 751 LNTC-C 21-2018 September 12, 2018 Page 3 2019, bringing the NRT fleet to 31 buses by 2020. The delivery of September 2018 NRT service levels requires substantial use of fleet owned by the local transit operators. By eliminating this reliance, the local operators will be better positioned to meet local pressures for planned local service expansions without incremental capital expenditures as a result of deploying local buses for NRT routes. Table 2 below illustrates changes to the local fleet as a result of the IMT service improvements, accompanied by the anticipated changeover year. Table 2: Local Transit Bus Redeployment from NRT Routes Local Operator # Buses Supplied By Change Over Date Post Secondary Routes NFT - Route 21 SCT - Route 26 SCT - Route 27 WT - Brock Link WT - NOTL Link NFT/ SCT/ WT 3 to 4 NFT/ SCT/ WT Sep-19 .................................................................................................................................................................................................. SCT 2 SCT Sep-19 .................................................................................................................................................................................................. SCT 1 SCT Sep -18 WT WT WT Sep-19 ...................................................................... WT Sep -19 Feeder Routes Port Colborne Link Fort Erie Link WT WT Sep -19 NFT NFT Sep -19 Operating Budget Impacts The proposed IMT Service Implementation Strategy requires $13.9M in annual net operating expenses once all service enhancements are implemented (the detailed annual net operating impact is provided in LNTC-C 22-2018). Phase 1 service enhancements, which impact the Q4-2018 budget, have been managed in -year through post -secondary student contract negotiations. However, the annualized cost impact for the 2018 and 2019 service enhancements create additional budgetary pressures until 2021 which will require special funding considerations. The estimated annual net operating budget stabilizes in 2021 when annual service hours reach full implementation at 151,000 hours. The primary operating impact is driven by annual service hours increasing from the current base of 41,000 hours; however, additional cost drivers include: • Marketing, promotion, and signage • Intelligent Transportation Systems (ITS) • Staffing requirements due to increased service hours — 2 FTE To date, local transit partners have operated post -secondary student routes on a cost recovery basis. The proposed Phase 1 and Phase 2 service enhancements will shift ridership which in turn impacts revenue and Provincial Gas Tax (PGT) funding. A full financial impact analysis is outlined in report LNTC-C 22-2018. 12 Page 617 of 751 LNTC-C 21-2018 September 12, 2018 Page 4 Analysis A. IMT Service Enhancement and Governance Strategy The LNTC-approved workplan (LNTC 1-2018) outlines a number of initiatives and studies to improve transit services in Niagara, including continuous information gathering to aid the governance structure decision. All initiatives and studies must be carried out while achieving the following objectives: • Adhering to the agreed upon guiding principles of customer focused service delivery • Integrating with local transit services and ensuring that service delivery is not adversely impacted • Respecting fiscal responsibility to improve economic development opportunities across the Region These objectives can be achieved through the proposed IMT Service Implementation Strategy in Appendix 1. Phase 1 and Phase 2 service enhancements are identified in Table 3, while Phase 3 service enhancements are outlined in Table 4 below. Table 3: IMT Service Enhancements (Phase 1 and Phase 2) Phasing Phase 1 Phase 2 Accelerated Timelines Sept. 2018 Enhancements / Improvements • Optimization (rationalization) of the post -secondary IMT routes with NRT Routes o NRT 60/65 and 70/75 1 SCT 27 1 NFT 21 Customer Service improvements — Wave 1 o Trip Planner/ Transit App/ Uniform Customer Service Policies/ Consolidated after hour call handling o Branding strategy and communications approach Information gathering for the next phases o Provincial Gas Tax Impact Analysis o Specialized Transit Study Sept. 2019 / • Merging of all remaining post -secondary student IMT Jan. 2020 routes with NRT routes (completion of rationalization process) o NRT 40/45 1 WT Brock and NOTL links 1 SCT 26 NRT Service Enhancements: o Half-hour frequency on mainline high volume routes, with peak period 20 minute frequency o extended service hours on the existing feeder routes o new IMT service to West Niagara (Pilot) o new feeder links (Pilot) In/off corridor short-term improvements Customer Service improvements — Wave 2 o Consolidated transit map o One customer call centre o Uniform fare policies 13 Page 618 of 751 Enhancements / Improvements LNTC-C 21-2018 September 12, 2018 Page 5 Phasing Accelerated Timelines Fall 2019 / Fall 2020 Enhancements / Improvements o Short-term technology improvements - fare collection Information gathering for next Phase (all municipal transit systems in Niagara) o Transit assets and inventory study o Transit human resources study o Three/ five year detailed transit service plan & financial assessment study o Bus Rapid Transit (BRT) hubs location study o Transit • overnance alternatives — Business Case • Transit Governance Decision • New Transit Structure Set-up Depending on the service enhancements, timing and completion of the necessary studies during Phase 2, some of the items identified in Phase 3 could be initiated earlier. Table 4: Local and IMT Long -Term Service Enhancements (Phase 3) Phasing Accelerated Timelines Phase 3 Post -governance decision (Sept. 2020, background work to be carried out during Phase 1 and Phase 2) • Decision by new transit governing body on long-term plans and capital investments o 10 -year transit strategic plan o Farebox integration o Intelligent Transportation Systems upgrades o Transit Maintenance Garage(s) and Operations Centre o Transit Hubs improvements o Other transit infrastructure -related upgrades for accessibility, and in -corridor and off corridor works • Customer Service Improvements — Wave 3 o Fully integrated and Presto compliant fare collection system o Mobility management — first mile and last mile solutions The proposed IMT Service Implementation Strategy (Appendix 1) incorporates a complete systems approach by optimizing the existing IMT service delivery prior to the implementation of additional service enhancements. Concurrent information gathering and studies will inform both IMT service delivery optimization efforts and the decision on determining a transit governance structure. Customer focused service improvements will remain an underlying theme and will support long-term planning, service delivery, and capital investments through an integrated transit system once the new transit governance structure is decided upon. 14 Page 619 of 751 LNTC-C 21-2018 September 12, 2018 Page 6 The three phases of the IMT Service Implementation Strategy described within Tables 3 and 4 above ensure that local and IMT services are well -integrated and become fully operational prior to the planned arrival of daily GO Rail Service Expansion to Niagara and the 2021 Canada Summer Games. B. IMT Service Enhancements and Implementation Strategy Figure 1 below illustrates the proposed IMT Service Implementation Strategy for Phase 1 and Phase 2 service enhancements beginning with the base service of 41,000 service hours which is equivalent to the 2017 NRT service levels (as described in PW 19-2018). The proposed plan increases service hours by 7,000 in the fall of 2018 (Phase 1), 41,000 by 2019 (Phase 2) with full annualized implementation of Phase 1 and 2 creating an additional 101,000 service hours by 2020 (detailed service plan/map provided in Appendix 2). In addition, the Wave 1 and Wave 2 customer service improvements outlined in Table 3 above will establish the foundation for Wave 3 customer service improvements. Figure 1: IMT Service Enhancements and Implementation Strategy* Existing 2017 Service base 41,000 Hours • • 8 NR? boatel • 2 Ft -640F Routes Fall2D18 Service Changes Frear 2C1$ Service Hours} 48,000 0 5 Pest -secondary irrior- munisipaE routes — locally operated Fa112D19 Service Changes (Year 20 9 Service Hours 89,000 0 • Marge NFT Router 21 wllh 60/65 • Merge SCT Route 27 with 70175 • Add service hauls ro 60/65 *Subject to Regional Council Approval 15 Fall 2019/2020 Service Changes (Year 2020 Service Hours} 149,000 0 Fall 2020 Service CnangesYear 2021 Service Hours) 151.000 Now 8034 Merge SCi Route 26 with 44/45 Merge Brack Link NCTL with T8/75 Initiate a new NRT route connecting Brock NOTL Campus • Add Service Hours to 40/ 415• 5p/ 55, and 70?75 • Add service. hours to PC & FE lurks • Add NkT-wast srr1c• routes {pilot) • Add I'#Cham E Lincoln Ised#r connection rOuf05 (pilot) Page 620 of 751 LNTC-C 21-2018 September 12, 2018 Page 7 C. Proposed IMT Service Implementation Strategy vs. Dillon Report Recommendation The accelerated IMT Service Implementation Strategy is depicted in Figure 2 below, in comparison to the service hours recommended in the Dillon Report (detailed comparison provided in Appendix 3). The key differences between the Dillon Report and the accelerated strategy are discussed below: Figure 2: Proposed IMT Service Hours vs. Dillon Report Recommendation 160,000 140,000 120,000 L',100,000 0 x w 80,000 ,n 60,000 40,000 20,000 0 / 1 New Base c�wn L�MW =MI i 1 2017 2018 2019 2020 2021 2022 2023 2024 2025 Dillon Recommended Projected beyond Dillon recommended period Accelerated Plan Proposed Accelerated IMT Service Implementation Strategy • Service hours are based on weekday 30 minute headway on all NRT mainline routes, with 20 minute headway on high demand mainline routes • Accelerated implementation of 30 minute service on IMT routes with expanded hours • Introduction of the new West Niagara IMT pilot service connecting the GO Transit stops • Enhanced feeder services and new feeder links Dillon Report Recommendations • Service hours based on 60 minute headway (one hour frequency) on most NRT routes with 30 minute AM peak headways on some mainline routes. 16 Page 621 of 751 LNTC-C 21-2018 September 12, 2018 Page 8 • 30 minute service all -day on all NRT routes post -consolidation D. Peer System Comparison of Service Levels Figure 3 below displays how Niagara's municipal transit service hours will compare to peer transit systems in the GTA after the proposed Phase 1 and Phase 2 service enhancements are implemented. It is important to note that Durham (DRT), Waterloo (GRT), and Hamilton (HSR) are operated as single -tier system, whereas Niagara is a two-tiered system. Figure 3: Peer System Comparison of Transit Service Hours Hours of service 900 800 700 600 500 400 300 200 100 1 Phase 1 & Phase 2 Enhancements 110 363 Niagara Durham Waterloo Hamilton . 2016 CUTA data E. Rationale for accelerated IMT Service Implementation Strategy A number of factors have driven the demand for an accelerated implementation of IMT service enhancement. Factors are discussed below by order of significance: 1. Daily GO Rail Service Expansion to Niagara (2021) Work related to Niagara's daily GO Rail Service Expansion is proceeding rapidly. Metrolinx has approved functional station designs for Grimsby and St. Catharines GO Stations, while the Niagara Falls functional station design is in its advanced stages of approval in consultation with the City and Region. 17 Page 622 of 751 LNTC-C 21-2018 September 12, 2018 Page 9 Station designs are based on multi -modal level of service hierarchy which places much greater value on transit connections compared to private automobile. Additionally, Metrolinx is shifting towards a system -wide approach targeted at reducing the automobile mode share split for station access in upcoming years2. The Region has now completed its GO Hub and Transit Stations Study. Secondary Plans for each of Niagara's confirmed and identified GO Station sites have been approved. Local municipalities confirmed to receive GO Rail Service include: Grimsby by 2021, and St. Catharines and Niagara Falls by 2023; while Lincoln (Beamsville) has been identified as a future potential GO Station location. The Region and its local municipal partners remain actively involved with advocating for daily GO Rail Service to be established prior to the Government of Ontario's committed 2021-2023 timeline, and have indicated a commitment to have transit connections in place to fully leverage the daily GO train service. Each Secondary Plan establishes transit -supportive land use permissions around their respective GO Station. Furthermore, each Plan identifies capital work improvements necessary to enable safe and convenient access to the GO Station for all modes of travel. An accelerated IMT Service Implementation Strategy will increase the degree of certainty in relation to the expected level of transit service delivery to each GO Station. This will assist with informing and accommodating transit services through design considerations undertaken as part of the identified capital work projects. Factors such as Metrolinx's shift towards a greater emphasis on reducing the mode share split of private automobile in relation to GO Station access, overall benefits to development and redevelopment opportunities through an enhanced transit services, and Niagara's assertive advocacy with Metrolinx and the Government of Ontario for an accelerated implementation of daily GO Rail Service, make it critical for the Region to pursue and establish a fully operational IMT service delivery in advance of GO Rail Service arrival. Accelerating the IMT Service Implementation Strategy will demonstrate Niagara's commitment to its 2015 GO Rail Business Case, as well as encourage Metrolinx to accelerate its timing for daily GO Rail Service Expansion to Niagara. 2. LNTC - Transit Coordination and Working Group Deliberations Significant discussions have occurred under the LNTC working groups, namely the IMT -Coordination Committee (consisting of four major transit systems) and IMT -Working Group (consisting of all 13 Niagara municipalities) on the LNTC workplan related transit service enhancements and customer service 2 GO Rail Station Access Plan, December 2016 (Metrolinx) 18 Page 623 of 751 LNTC-C 21-2018 September 12, 2018 Page 10 improvements. These discussions have significantly informed the phasing plan. Key recommendations from the deliberations are discussed below: • Implement 30 minute IMT Mainline Service: The IMT -Coordination Group has advocated for better integration of IMT routes with local transit routes. Niagara's major local transit systems have significant portions of routes with 30 minute headway service. Adjusting the IMT mainline routes to a 30 minute from the current 60 minute headway service will increase frequency, reliability, consistency and connectivity of transfers from one route (and system) to another. Table 5 below summarizes the current and proposed states. Table 5: Niagara Transit Systems — 30 Minute Service Delivery Projection 2018 2021 # of routes with 30 Proposed # of routes with Total # of routes min service 30 min service St. Catharines Transit Niagara Falls Transit Welland Transit Niagara Region Transit Niagara Transit Systems combined % of Total System 52 34 24 14 10 8 10 0 96 56 58% 34 19 8 69 72% • Harmonize Weekend and Holiday services: Currently, major local transit systems have weekend service and have varying levels of holiday service (from no service to reduced service). NRT does not operate on Sundays and Holidays, and requires alignment with local systems. • Enhance IMT operational service hours: NRT currently operates between 7a.m. and 9p.m. These hours should be expanded to 7a.m. to 11p.m. to accommodate shift workers and post -secondary student needs. Hours of service on the existing feeder routes and any new mainline or feeder route also need to be expanded and aligned for consistent service coverage and to accommodate effective transfers. • Implement IMT West Niagara Service: New IMT service to West Niagara is identified as priority to connect west Niagara communities to Niagara's transit network, and to have an established transit service in advance of the GO Rail Service Expansion to Grimsby by 2021. • Upload, enhance, and add new inter -municipal feeder routes: Currently, local municipalities and the Region cost -share on the existing Port Colborne and Fort Erie feeders. These links are inter -municipal connections and it is logical to upload them as part of the Regional system. Additionally, there is a need to 19 Page 624 of 751 LNTC-C 21-2018 September 12, 2018 Page 11 connect the newly -created Pelham and Lincoln local transit systems with the IMT system to fully leverage transit connectivity. • Customer Improvements: Carry out short-term customer facing improvements (Wave 1 and Wave 2) towards building a transit brand. • Develop a Business Case for transit governance decision: Complete background studies and information gathering on transit assets inventory, human resources, legal, and financial aspects to develop a Business Case that will help develop options to guide the governance decision making process. 3. Post -Secondary Student Union negotiations Positive discussions regarding the future U -Pass agreements have occurred between Brock University Student Union (BUSU), Niagara College Student Administrative Council (NCSAC), Niagara Region and the major transit partners. Key outcomes from these discussions include: • General consensus on replacing student charter routes with enhanced public transit routes, with frequent connections to campus hubs. • Harmonization of U -Pass payments across the local transit systems based on ridership (taps), and opportunities for future alignment of tap rates equivalent to bulk ridership discounted monthly pass rates. • Reducing the number of U -Pass agreements and moving towards a unified approach for future planning. Information sharing on post- secondary student ridership growth and related service costs will help substantiate possible future U -Pass fare requests. A significant portion of the Phase 1 and Phase 2 IMT service enhancements are based on discussions with NCSAC to rationalize the student charter routes as part of the NRT routes. However, as shown in Table 1 above, these enhancements require substantial increases to service hours which drive the incremental operating and capital costs to NRT in the short term. 4. Region Equal Partner in Governance Discussions With the 2017 triple -majority, Niagara Region has committed to undertaking a significant investment in the future development of the IMT system. As noted above, the existing NRT service delivery does not match the service delivery of our local municipal transit partners. This service delivery misalignment becomes a disadvantage to transit users by limiting transit route options and delaying transfers between local and inter -municipal systems. Furthermore, the 20 Page 625 of 751 LNTC-C 21-2018 September 12, 2018 Page 12 misalignment becomes a significant barrier of entry to those considering transit as an alternative mode of transportation by significantly increasing travel times. A fully operational IMT service delivery by the end of 2019 is critical to enable the Region to establish itself as an equal transit partner within Niagara and moves toward a transit model which is aligned with and complementary to local transit service delivery. Furthermore, it will allow the Region to monitor and optimize service delivery prior to major upcoming milestones such as the arrival of daily GO Rail Service Expansion to Niagara, and the 2021 Canada Summer Games. The Public Transit Infrastructure Fund (PTIF) Phase 2 funding was announced in March 2018 with a total of $148.4 million for Niagara transit systems ($81.3 in Federal and $67.1 Provincial), over 10 years. Further details are pending; however, the Province has indicated that the majority of funding would occur during the backend of the 10 -year program allocation in 2025/26 through 2028/29. An accelerated IMT Service Implementation Strategy would establish a new transit governance structure prior to the major investment decisions outlined in Phase 3 (Table 4) of this report providing opportunity for alignment of PTIF funds in a system -wide approach. An accelerated IMT Service Implementation Strategy will improve the Region's ability to build relationships with future transit users through offering a robust transit system that is able to accommodate the needs of its users. The accelerated Service Implementation Strategy will implement significant operational and customer service enhancements to provide users with a frequent, reliable, and seamless transit service. These enhancements will improve users' overall experience of the system, gaining their trust and increasing the likelihood of individuals choosing the transit system as a primary means of transportation in the future. In addition, the accelerated strategy also considers projected growth in post -secondary populations, and the expected increases in demand associated to this growth. Based on the reasons discussed in this report, the IMTCC, IMTWG and Region Transit staff submit that the Region should capitalize on the opportunities associated with accelerating the IMT Service Implementation Strategy. Alternatives Reviewed An alternative was to have a protracted IMT service implementation by going through the process of a transit governance decision in advance of the Phase 1 and Phase 2 service enhancements. This approach was not preferred due to the need to bring the 21 Page 626 of 751 LNTC-C 21-2018 September 12, 2018 Page 13 IMT service into a truly `inter -municipal' state with connections to west Niagara. In addition, the protracted implementation would forgo the benefits relating to effective governance deliberations that having transit service levels at par with the major local transit service levels would have. Not accelerating the timeline would also represent a significant lost opportunity to encourage Metrolinx to accelerate their timeline for daily GO Train service to coincide with the Canada 2021 Summer Games. Additionally, the information gathering inputs required for the governance decision will take time to collect, and would lead to the postponing of post -secondary route optimization, implementation of new IMT West Niagara routes, and enhanced and new feeder routes. Relationship to Council Strategic Priorities Moving People and Goods: People need reliable and effective transportation modes that allow them to easily move from where they live to places such as work, leisure, health care, and education. In conjunction with LNTC-C 22-2018 and LNTC-C 23-2018, this plan directly advances the following key Council Strategic Priorities: • Provincial commitment to GO Rail expansion in Niagara • Support local municipalities in developing long-term solution for transit. Other Pertinent Reports • LNTC-C 22-2018 IMT Financial Impact Analysis • LNTC-C 23-2018 IMT Capital Plan 2019 • PW 19-2018 Niagara Region Transit 2018 Service Agreement Prepared by: Kumar Ranjan, M.Eng., P. Eng Transportation Lead GO Implementation Office Submitted by: Carmelo D'Angelo, BSc, MPA Chief Administrative Officer 22 Recommended by: Ron Tripp, P. Eng Commissioner Public Works Department Page 627 of 751 LNTC-C 21-2018 September 12, 2018 Page 14 This report was prepared in consultation with the Transit Operators and Members of the Inter -Municipal Transit Working Group; Matt Robinson, Director, GO Implementation Office; Robert Salewytsch, Transit Service Planning Coordinator; Alex Morrison, Planner, Planning and Development Services; and reviewed by Heather Talbot, Financial and Special Projects Consultant, Financial Management and Planning, and Helen Chamberlain, Director of Financial Management and Planning/Deputy Treasurer, Enterprise Resource Management Services. Appendices Appendix 1 IMT Service Implementation Strategy & Governance Guiding Framework Appendix 2 IMT Phase 1 and Phase 2 Enhancements Plan / Map Appendix 3 Proposed Service Plan / Dillon Report Comparison 23 Page 628 of 751 Appendix 1 LNTC-C 21-2018 Sept. 12, 2018 IMT Service Implementation Strategy and Governance Guiding Framework (with Timeline*) N Service Enhancements Service Enhancements LNTC 1 [ preferred • One Customer Call • Past -secondary Centre alternative route rationalization • 30 -minute • Trip planner & real € heodways on NRT time bus tracking mainline routes • Route mapping 1 • NRT-west Niagara • Single mobile/ j service digits! platform - minute headway • Uniform customer all day service on service policies j € PC 8 FE links • Support person pass • New feeder • Single -point after- Additional S hour call handling cbnneclions: j Lincoln & Pelham ? As nece Page 629 of 751 m co 0o x N O Q N -'J . n u Q V n Zv( Service delivery beyond Dillon Report 151,000 O 0 0 $12,500,000 0 0 0 00 6 ,,- 6-- All routes 30min & 20min at peak times All routes 30min & 20min at peak times 128,000 151,000 $11,354,000 O o O O O O 6 N (A Most routes 30min & 20min at peak times All routes 30min & 20min at peak times Service delivery timeline 64,000 O O 6 O O co LC fR $12,500,000 All routes hourly with some routes 30min at peak times All routes 30min & 20min at peak times 151,000 0 0 O O O 6 (NI EA >, ic o m All routes 30min & 20min at peak times 151,000 i oO O O O N_ EA >, 0 O 2 All routes 30min & 20min at peak times i 148,000 , O O O 0000 V N 00 Hourly All routes 30min & 20min at peak times 58,100 O O CO CO N V fH 0 0 0 rn O fA >, — O 2 All routes hourly & 30min during peak times 48,000 $3,185,000 >, O 2 T O 2 O O M 41,000 $3,116,800 >, 0 O 2 Hourly -o N 6 L c °? O U 0 =c Q a NN L c d c O U O — 0 = c Q o -a d o 0 Q cn C (0 0 QO L 0 O) c ON QO 8-) 0 >` 0) U U iC`N c > yN � 13 l o 0) Page 630 of 751 a E 0 O E 0 rov L',12 H ai 0 O E Nco 0&N toE E " 2 Ili r 3 — a Y v E 0 ro o n g � n `o a c y a a o o � Tu a y v s o 0 K v °1 12 2 x v > F a o � a x m c w a2 z Ln O 2 Page 631 of 751 Page 632 of 751 Niagara Region LNTC-C 22-2018 September 12, 2018 Page 1 Subject: Inter -Municipal Transit Financial Impact Analysis Report to: Linking Niagara Transit Committee Report date: Wednesday, September 12, 2018 Recommendations 1. That this report BE RECEIVED for information and reviewed in conjunction with the Inter -Municipal Transit (IMT) Service Implementation Strategy (LNTC-C 21-2018) and the IMT Capital Plan 2019 (LNTC-C 23-2018); 2. That staff BE DIRECTED to continue working with Local Transit operators to measure future financial impacts resulting from the implementation of the 2019 Inter - Municipal Transit Service Plan; and 3. That this report BE DISTRIBUTED to the local area municipalities for their information. Key Facts • The purpose of this report is to provide the estimated financial impacts resulting from the proposed inter -municipal transit (IMT) service implementation strategy outlined in LNTC-C 21-2018 and to seek approval for a multi-year transit implementation plan to maximize the full impact of and alignment with the arrival of daily GO Train to Niagara by (or before) 2021. • The five year Niagara Region Transit (NRT) net operating impact is estimated at $39.8 million (M) plus $17.2M for new capital. The proposed IMT service plan will result in an annual net growth of $75,000 in provincial gas tax (PGT) funds to the region. The annual incremental net operating and capital expenditures cannot be accommodated within the 2019 budget guidance and require special funding considerations. • A separate general levy of 1.5% in year 1 plus 1.53% in year 2 would be required to fund this proposed strategy. • Incremental revenue from joint U -Pass negotiations with Niagara College Student Administrative Council (NCSAC) and Brock University Student Union (BUSU) are estimated to generate new revenue for NRT, St. Catharines Transit (SCT), Niagara Falls Transit (NFT) and Welland Transit (WT) beginning in September 2018. Port Colborne Transit (PC) and Fort Erie Transit (FE) will realize net operating cost savings beginning in September 2019. The operational savings and incremental revenue would be reinvested into local or regional transit. • The elimination of post -secondary student charter routes will result in a redistribution of PGT from the local operators to the Region. The estimated increases from 28 Page 633 of 751 LNTC-C 22-2018 September 12, 2018 Page 2 forthcoming PGT allocations plus the municipal savings through avoided capital expenditures exceed the reductions in municipal PGT due to ridership shifts. • One of the guiding principles agreed to by the local operators as part of the Dillon Report was that local transit operators are " Fiscal Responsibility and Affordability with no negative impacts on local transit revenues" as outlined in the unanimous transit Memorandum of Understanding signed in 2017. To this end, staff continue to work alongside transit partners to quantify the impacts to PGT, operating costs, and capital impacts of the consolidation of routes proposed in this report. • Together with other municipal partners, Niagara advanced a discussion about provincial funding and the importance of investment in Niagara's future transit and GO expansion at the recent AMO conference in a meeting with the new Minister of Transportation. Discussions are ongoing with MTO at both the political and staff levels to seek opportunities to expand and enable the transit plan outlined in this report. Financial Considerations The analysis provides a five year financial impact forecast for local and Regional operating costs, revenues, PGT and capital requirements based on the proposed operating plan and ridership forecasts. Baseline information was compiled using the most recent available Canadian Urban Transit Association (CUTA) statistics (results provided in Table 1 below) and validated by each local transit agency. The purpose of the analysis is to measure the financial impact to each transit operator resulting from the IMT service enhancements (outlined in LNTC-C 21-2018) which were based on, in part, by the recommendations presented in the 2017 Niagara Transit Service Delivery and Governance Strategy (Dillon Report) . The Dillon Report outlined a strategy to optimize and improve existing IMT services by reducing duplication between the NRT and the service chartered by the post -secondary institutions. Discussions between staff from Niagara Region, the municipal transit operators, NCSAC, and BUSU have determined that all Inter -municipal U -Pass funded post -secondary charter services should be consolidated and replaced with enhancements to existing NRT fixed route services. While the service chartered by the post -secondary institutions are currently operated at full cost recovery, the increased service hours on existing NRT routes will provide better service to all residents within the Niagara Region and not just serve the needs of a select group of travellers. It is worth noting that students comprise over 70% of NRT ridership and 47% of total revenue in 2017. The financial estimates provided in this analysis differ from those in the Dillon Report in two ways: one being the removal of all charter services as described above; the other being financing for the capital investments necessary to support the service changes. In order to only measure the financial impacts pertaining to the service changes 29 Page 634 of 751 LNTC-C 22-2018 September 12, 2018 Page 3 described above, all other municipal transit services are assumed to be status quo over the estimation period. The 2016-2017 baseline (status quo) information is provided in Table 1 below. Table 1: Existing Service Financial Information (based on CUTA 2016/17 2016/2017 CUTA REPORTED STATISTICS Total Population % of Total Total Boardings % of Total Total Revenues % of Total 1 Total Operating Costs 0/0 of Total 2016/2017 Net Operating Cost ,of Total 1 2016-17 PGT Allocation PGT used for Operating Expenses Niagara Region 447,876 100% 253,723 3% 911,773 4% 3,373,814 8% 2,462,041 11% 763,416 267,309 Fort Erie 30,710 7% 56,526 1% 36,972 0% 664,370 2% 627,398 3% 269,544 118,912 Niagara Falls 88,071 20% 2,310,328 25% 5,849,507 27% 13,082,641 30% 7,233,134 34% 1,322,877 532,000 Niagara -on -the -Lake 17,511 4% 19,483 0% 186,622 1% 547,389 1% 360,767 2% 135,348 135,106 Pelham Port Colborne 17,110 18,306 4% 4% 21,410 0% - 54,870 0% 300,826 0% 1% 245,956 1% - 156,892 99,465 St. Catharines (incl. Thorold) 151,914 34% 5,842,960 62% 11,725,275 54% 21,103,898 49% 9,378,623 44% 2,769,046 - Welland 52,293 12% 920,675 10% 3,096,779 14% 4,285,037 10% 1,188,258 ', 6% 663,023 - Other Municipalities 71,961 16% Niagara System Total 447,876 100% 9,425,105 100% 21,861,798 100% 43,357,975 100% 21,496,177 '.,100% 6,080,146 1,152,792 - base financial data collected from IMTWG for 2017 statistics or used 2016 reported CUTA statistics - Municipal PGT received from Provincial Government 2016/17 fiscal year allocations The base estimates above do not include Pelham and the pilot transit operations within Lincoln since these systems are new and were not reported in 2016 CUTA data; however, these estimates will be added as information becomes available. The 2016/17 total net cost to operate transit in Niagara was $21.5M ($43.4M in total operating costs and $21.8M in total revenues). Niagara's total annual PGT allocation across all systems was $6.1M of which $1.2M was allocated to operating expenses and not capital investment as the funding is primarily intended. The use of PGT to offset operating costs, while minimizing the annual impact to the operating budget, requires capital replacement expenditures to be borne by either a single large capital expenditure or financing. The annual financial impacts to capital and operating expenditures are provided in Table 2 below for each transit operator. The total five year cumulative impact for both capital and operating across all systems is $51.6M. The proposed service enhancements/expansions for NRT require an additional $39.8M in net operating costs and $17.2M for new capital. This does not take into consideration the operational savings (increased revenues) to the local municipalities which should be reinvested into local or regional transit. A more detailed breakdown of the operating and capital net impacts are presented in Appendix 1, along with recommended opportunities for local reinvestment of any savings realized with the implementation of this service plan. 30 Page 635 of 751 Table 2: Forecast Financial Impact from proposed NRT Service Plan Total Financial Impact Cost/(Savings)2018 compared to 2017 base service 2017 Fleet 2019 2020 2021 2022 2018 - 2022 Cummulative Impact 2022 Fleet # Niagara Region Operating 433,308 3,479,498 8,784,017 9,070,736 1 9,434,981 31,202,541 Financing/OH 11 2,159,504 2,159,504 2,159,504 2,159,504 8,638,016 31 Capital 3,275,000 I 13,875,246 (106,672) (233,532)', (355,613) 16,454,429 Fort Erie Operating - 76,720 (159,432) (161,869)', (164,307) (408,888) Capital - (36) 961 2,223 2,928 6,077 Niagara Falls Operating40 (54,384)' (106,645) (263,385) (447,589) (539,691)_ (1,411,695) 40 Capital (31,785)i (14,297) (67,881) (61,128) (47,423) (222,513) Port Colborne Operating - (70,998) (169,991) (170,866) (171,741) (583,597) Capital - • (33) 1,096 2,047 2,696 5,805 St. Catharines Operating78 (80,753). (198,590) (301,186) (408,549)', (462,231) (1,451,308) 78 Capital (39,039): (46,406) (39,380) (8,151)', 10,528 (122,449) Welland Operating18 _... (4,216);_.. 3,988 (37,401) _._ (80,369) (101,852) _ (219,850) 15 Capital - (45,027) (110,724) (54,967)'. (20,883) (231,602) Pelham Financials will be included when available Niagara Transit Operating 293,956 5,343,477 10,012,126 9,960,998 10,154,663 35,765,219 System Capital 147 buses 3,204,175 13,769,447 (322,601) (353,507) (407,767) 15,889,747 164 buses Total Financial Im • act 3,498,131 19,112,924 9,689,525 9,607,491 9,746,896 51,654,967 LNTC-C 22-2018 September 12, 2018 Page 4 base financial data collected from IMTWG for 2017 statistics or used 2016 reported CUTA statistics The 2018 Niagara Region operating ($433,308) and capital ($3.3M) impacts were accommodated in the 2018 budget Capital estimates include changes in PGT; for example Niagara Region cumulative requirement is $17.2M in capital but will receive an estimated $0.7M in PGT During the pilot phase of NRT, PGT had been used to support operating costs for both NRT and Niagara Specialized Transit (NST) resulting in insufficient capital reserves for expansion and long term capital reinvestment. As a result, the 2019 capital investment of $13.9M will require debt financing (3% interest rate over 10 -year debt term), therefore included in the $39.8M net operating expense is the principle and interest repayments. The net operating cost of NRT (based on forecast in Table 2) in relation to the 2018 municipal tax levy is presented in Table 3 below. The required general levy increase to fund the service changes beginning September 2019 is estimated at 1.5% in 2019 plus an additional 1.53% in 2020. The net operating budget beyond 2020 is estimated to grow with inflation and will align with other programs and services within the Niagara Region. Table 3: Forecast Incremental General Tax Levy Requirements for Region Incremental Impact relative to 2018 General Tax Levy 2018 2019 2020 2021 2018-2022 2022 Cummulative Impact Niagara Region 1.50% 1.53% 0.08% 0.11%I 3.22% Total Niagara Area Transit System 0.79% 1.27% -0.02% 0.05%I 2.09% The June 14, 2018 Budget Review Committee of the Whole, 2019 Departmental and ABC guidance was approved at 1.5% with options to be presented to Council for a possible increase of 0.5% for a total 2% increase. As CSD 35-2018 noted in Table 1, 31 Page 636 of 751 LNTC-C 22-2018 September 12, 2018 Page 5 the pressures currently identified for all existing Regional services (net of all estimated assessment growth) total 2.6% of the 2018 levy and this estimate did not include increases for NRT or IMT consolidation work. The council strategic priority pressures totalled a further 1.1% and only included an estimate of $0.7M for NRT. This estimate is now at $5.2 M which will put further pressure on the 2019 budget relative to guidance. It is not anticipated that these service costs can be accommodated within the guidance approved or without a need to reduce service levels in another area. In the absence of the Sustainability Review to identify opportunities for operational savings to be introduced into the 2020 and future budgets, Council support for additional budget guidance of 1.5% in excess of the potential 2% approved by BRCOTW is being requested. Provincial and Federal Capital Investment Funds There are two sources of funding from other levels of government for transit: • New — The Public Transit Infrastructure Fund (PTIF) will provide short-term funding to help accelerate municipal investments to support the rehabilitation of transit systems, new capital projects, and planning and studies for future transit expansion to foster long-term transit plans. • Existing — PGT comes from the Province's collection of 14.7 cents for every litre of gasoline sold in Ontario of which 2.0 cents is provided to municipalities to help fund local public transit improvements. The total provincial funding was announced to increase from the current 2.0 cents per litre to 4.0 cents per litre by 2022. The municipal allocations received through the PGT and PTIF programs are determined in part by ridership (with the remainder being through population), and can be used for future capital replacements once the full NRT fleet is obtained. The proposed route consolidations and elimination of locally operated post -secondary routes result in a transfer of ridership from local transit operators to NRT, which in turn impact the distribution of Niagara's overall PGT allocation. The federal PTIF funding is fixed over the estimation period and will not be impacted during this transition; however the PGT is allocated annually and will be impacted by changes in ridership. Under the PGT program, municipalities qualify for gas tax funding if they contribute financially to public transit services themselves where the total share allocated is determined by a formula of 70 percent based on ridership and 30 percent based on population. The current provincial envelope based on this formula generates approximately $0.27 cents per transit ride and $9.18 per capita. Based on the proposed NRT service plan, ridership impacts and increase in the funding envelope from the province, the estimated total PGT allocated to Niagara for transit investment is $40.8M over the next 5 years, growing from an estimated $6.4M per year to $11.7M per year. The individual forecasts are presented in Table 4 below. 32 Page 637 of 751 LNTC-C 22-2018 September 12, 2018 Page 6 Table 4: Estimated PGT Funding available to fund Capital Investments Provincial Gas Tax Projections (based on Proposed NR 2018 Operational Plan) 2019 2020 2021 2022 2018 - 2022 Cummulative Capital Funds Niagara Region 676,775 773,679 875,076 1,078,979 1,541,201 4,945,709 Fort Erie 285,076 297,931 324,655 390,599 522,568 1,820,829 Niagara Falls 1,401,055 1,451,730 1,591,260 1,903,248 2,527,614 8,874,908 Port Colborne 151,021 153,382 167,347 205,580 282,093 959,423 St. Catharines (incl. Thorold 2,882,397 2,984,901 3,231,405 3,881,374 5,182,122 18,162,199 Welland 691,259 712,940 730,144 842,445 1,121,112 4,097,900 Niagara -on -the -Lake 143,487 166,140 182,696 219,715 293,800 1,005,839 Pelham 147,658 Total Transit System 6,378,728 155,398 6,696,102 171,121 7,273,705 206,278 8,728,217 276,634 11,747,144 957,089 40,823,895 One of the guiding principles agreed to by the local operators as part of the Dillon Report was that local transit operators are " Fiscal Responsibility and Affordability with no negative impacts on local transit revenues" as outlined in the unanimous transit Memorandum of Understanding signed in 2017. To this end, staff continue to work alongside transit partners to quantify the impacts to PGT, operating costs, and capital impacts of the consolidation of routes proposed in this report. Ongoing dialogue with MTO regarding the PGT impacts could result in transition costs as we move from redundant routes to the consolidation, however with the multi-year lag time between ridership reporting and PGT calculations and subsequent payments, these numbers remain an estimated forecast and will not be immediately realized. Analysis Niagara's 13 municipalities, through the Inter -Municipal Transit Working Group (IMTWG) and under the direction of the LNTC have conducted a detailed financial analysis on the proposed inter -municipal transit service enhancements/expansions outlined in LNTC-C 21-2018. The IMTWG finance team, through extensive collaboration, have reviewed and established an agreed upon baseline (provided in Table 1) which has formed the basis of the strategic analytical review and recommendations. Inter -municipal transit has a number of benefits to the region, each local municipality and its residents. The Dillon Report concluded, "the introduction, improvement and expansion of inter -municipal transit provides cross -boundary mobility to education, employment, and medical; supports transit ridership to future GO train service in Niagara; facilitates economic development by connecting the workforce and supporting sustainable community development; and contributes to a high quality of life for Niagara residents". 33 Page 638 of 751 LNTC-C 22-2018 September 12, 2018 Page 7 The results from this analysis provide a 5 year financial impact forecast for both local and regional operating costs, revenues, PGT and capital requirements. This analysis is based on NRT service enhancements and expansions (outlined in LNTC-C 21-2018) and the elimination of all locally operated post -secondary service routes that duplicate NRT services (as outlined in the Dillon Report). In order to measure local transit impacts pertaining only to the elimination of the locally operated post -secondary student services this analysis assumes that all other local service levels were held constant over the estimation period. The FE and PC `Link' routes provide inter -municipal services which are currently funded through a cost sharing model between the local provider and the Region. Future Link services (outlined in LNTC-C 21-2018) will be provided for and funded solely by the Niagara Region. The financial impacts pertain to change in the following routes only: 2017 Locally Operated U -Pass Funded Routes St. Catharines Transit • #26 Downtown St. Catharines to NOTL Glendale Campus • #27 St. Catharines Downtown to Niagara College Welland Campus Niagara Falls Transit • #21 Niagara Falls to Niagara College Welland Transit • Brock Link: Brock to Niagara College Welland Campus • NOTL Link: Niagara College Welland Campus to NOTL/Glendale Campus Inter -Municipal Fixed/Mainline Routes Niagara Region Transit • Route 40 - Niagara Falls to St. Catharines • Route 45 - St. Catharines to Niagara Falls • Route 50 - Niagara Falls to St. Catharines • Route 55 - St. Catharines to Niagara Falls • Route 60 - Niagara Falls to Welland • Route 65 - Welland to Niagara Falls • Route 70 - St. Catharines to Welland • Route 75 - Welland to St. Catharines Fort Erie Link* - Operated by Niagara Falls Transit Port Colborne Link* - Operated by Welland Transit * Baseline represents only the local share of Link routes As outlined in LNTC-C 21-2018, the 2019 NRT fixed route service enhancements increase frequency from one hour to 30 minutes on all NRT routes with supplementary 34 Page 639 of 751 LNTC-C 22-2018 September 12, 2018 Page 8 20 minute service during peak periods to create seamless alignment with local service hours and frequency. The FE and PC Link routes (once route operation is fully assumed by the Region), along with new feeder routes to West Niagara and other municipalities, will subsequently see implementation of full day hourly service to effectively align the other mainline routes. In addition, all routes will see implementation of daily service including Sundays and Holidays, to also effectively align the service levels provided by the local transit operators. The annual net operating cost estimates rely heavily on the revenue projections and estimated ridership. The ridership forecasts have assumed steady modest growth based on historical evidence, however there are a number of assumed annual increases projected in NCSAC U -Pass revenue which have, at the time of this report submission, not yet been secured through contract negotiations. (Further to delegate authority report please see appendix 2 for details around negotiations). The base revenue from NCSAC was equivalent to $20/month per student (87% discount on a regular monthly pass of $160), and allowed for travel on regional and local transit. The 2018-2019 NCSAC joint negotiations have secured additional funds equivalent to $30/month per student (79% discount on a regular monthly pass). While the projected NCSAC U -Pass revenue for 2021 has not been secured, the estimated $52 per student per month (67% discount on regular monthly pass) is believed to be a reasonable rate given the level of inter -municipal service outlined in LNTC-C 21-2018 and other comparable post -secondary transit pass rates. The total NCSAC revenue is shared between all transit operators and is based on NRT service costs and local ridership U - Pass tap recovery rates. Currently BUSU transit revenue is largely negotiated with SCT with smaller allocations to other transit operators. The aforementioned locally operating post -secondary routes are currently operated at full cost recovery therefore the local transit net financial operating impact from their consolidation is zero. However, through the collaborative efforts of the IMTWG, the fare equalization among local transit operators and joint negotiations with NCSAC and BUSU on projected revenues are estimated to increase as reflected in Table 2 operating impacts above. The recovery rates for U -Pass rides on other local routes, known as "tap" revenue (`tap' being the student rate charged per ride using their authorized post -secondary student card), previously varied by operator (from $0.26 to $0.60 per ride). Joint negotiations for the 2018-2019 school year aligned all tap rates at $0.60 per ride with projections of $0.75 in 2019-2020, $1.00 in 2020-2021 and $1.25 in 2021-2022. The incremental revenue, or net operating surpluses to local transit operators should be re -invested back into the enhancement of local services or used to mitigate the increasing cost of regional transit services (depicted in Graph 1 below). 35 Page 640 of 751 LNTC-C 22-2018 September 12, 2018 Page 9 Graph 1: Relative Operating Impact over Base 2017 Total Net Operating Budget 40.00 35.00 30.00 25.00 •L"20.00 0 E15.00 10.00 5.00 (5.00) Cummulative Operating Impact over 2017 Total Net Operating Budget ■ 2018 ■ 2019 2020 ■ 2021 2022 Niagara Fort Erie Niagara Falls Port St. Catharines Welland Region Colborne (incl. Thorold) The five year cumulative savings (i.e. incremental revenue) is greatest at SCT and lowest at WT. However, in relation to the 2017 local transit system net operating budgets (provided in Table 1), the average annual savings are larger for WT (3.7%) compared to NFT (3.6%) and SCT (3.1%). Under the 2019 IMT service plan, which transfers all operating costs to the Region beginning in September 2019, the average annual savings is 48% for PC and 14% for FE (savings results depicted for all transit operators in Graph 2 below). Graph 2: Operational Savings relative to Base 2017 Total Net Operating Budget 100% 50% 0% -50% -100% - 150% -200% - 250% Cummulative Operational Savings over 2017 Total Net Operating Budget ■ 2018 ■ 2019 2020 ■ 2021 ■ 2022 2023 lllllllllllllll- O Fort Erie Niagara Falls Port Colborne St. Catharines Welland (incl. Thorold) 36 Page 641 of 751 LNTC-C 22-2018 September 12, 2018 Page 10 Currently, NRT does not have sufficient fleet to service all NRT routes; therefore SCT, NFT and WT use their own local fleet to deliver some NRT routes. The capital expenditures outlined in Table 2 for 2018 and 2019 (LNTC-C 23-2018) will replace locally -provided buses delivering NRT routes with NRT buses and allow for local buses to be redeployed. In addition, Regionally -owned buses will reduce the operating capital premium paid by the Region for locally -provided buses thereby reducing overall hourly operating costs. The elimination of post -secondary routes will also result in redeployment of capital at SCT and NFT, and a reduction in fleet size at WT (from 18 buses to 15 buses). The capital impacts outlined in Table 2 are the combined result of changes in PGT funding and capital asset requirements. The results indicate overall savings to SCT, NFT, and WT despite reductions in PGT from lost ridership. The annual savings are estimated through reduced capital investment (i.e. buses, farebox, ITS) to service post- secondary routes and the NRT routes. The savings are shown based on the estimated reduction in annualized capital replacements (estimated at a minimum of $54,000 a year per bus being $650,000 purchase price and 12 year replacement schedule). The savings from reduced annual requirement for adequate asset management planning is estimated based on the number of buses (or bus hours) each local transit operator is able to redeploy or remove from their fleet as a result of the proposed operational plan. A breakdown of the summarized operating and capital estimates in Table 2 are provided in Appendix 1. While a portion of PGT is used for some local transit operating expenses, the PGT impacts were included under capital and not operating since this funding is intended to foster long-term transit planning and is primarily intended to be used for capital replacements. Alternatives Reviewed The financial analysis is based on the proposed timeline of no later than September 2019 for all service changes. An alternative timeline extending and staggering route changes with implementation dates beyond September 2019 was analysed. The overall costs are assumed to increase annually by inflation and would spread across a longer time frame therefore reducing the required taxation implications in a given year. Alternative dates beyond September 2019 are not recommended due to the necessity of enhanced inter -municipal service delivery required to support the arrival of daily GO Rail expansion to Niagara on or before 2021. With Niagara actively and assertively pursuing an acceleration of the timelines for introduction of GO Rail service from Metrolinx and the Government of Ontario, it is critical to have local transit available in advance of the arrival of daily GO Rail service. Relationship to Council Strategic Priorities This proposal aligns with Council strategic priority of Moving People and Goods. 37 Page 642 of 751 LNTC-C 22-2018 September 12, 2018 Page 11 Other Pertinent Reports LNTC-C 21-2018 - IMT Service Implementation Strategy LNTC-C 23-2018 - IMT Capital Plan, 2019 PW 26-2018 Delegated Authority for Niagara Region Transit U -Pass Agreements LNTC-C 8-2018 - Niagara Region Transit Operating Agreement CAO 8-2017 - Niagara Region's Transit Service Delivery and Governance Strategy Prepared by: Heather Talbot Financial & Special Projects Consultant Financial Planning and Management, Corporate Services Submitted by: Carmelo D'Angelo, BSc, MPA Chief Administrative Officer Recommended by: Todd Harrison Commissioner Enterprise Resource Management Services This report was prepared by Heather Talbot, Financial and Special Project Consultant, Financial Management and Planning, in consultation with the Transit Operators and the Inter -Municipal Transit Working Group; Matt Robinson, Director, GO Implementation Office, Kumar Ranjan, Transportation Lead GO Implementation Office, Robert Salewytsch, Transit Planning Coordinator; Alex Morrison, Planner, Planning and Development Services; and reviewed by Helen Chamberlain, Director, Financial Management & Planning/Deputy Treasurer. The IMTWG provided significant input into this analysis, particularly Tim Luey (SCT), Dave Stuart (WT), and Carla Stout (NFT). Appendices Appendix 1 Detailed Financial Impact by Transit Operator Appendix 2 Summary of NCSAC U -Pass Negotiations 38 Page 643 of 751 LNTC-C 22-2018 Appendix 1 Detailed Financial Impact by Transit Operator The following financial tables provide a breakdown by transit operator for individual operating and capital impacts. Included in the operating impacts are estimates for changes to net direct operating costs including fare equalization, indirect costs, and incremental revenue obtained through NCSAC and BUSU tap recovery rates. The ridership changes influence PGT funds and are therefore estimated as capital impacts. The capital impacts derived through PGT are divided into changes in base ridership PGT at current funding level (2 cents per litre), base ridership at future potential funding (increasing to 4 cents per litre) and reductions in cross transit ridership (transfers between transit systems). Additional capital impacts are estimated through service changes and subsequent changes in capital requirements. Niagara Region The annual net operating cost estimates rely heavily on the revenue projections and estimated ridership. The total estimated 2022 revenue for NCSAC U -Pass privileges is $5.6M with $3.3M going to NRT and $2.3M going to local transit operators. Based on the 2018 full enrollment of 9,000 students this equates to an annual fee of $624 compared to 12 monthly passes for $1,900. The 2018 estimated U -Pass uptake at NCSAC is 55% or 4,950 students and would generate $6.3M if they each purchased 8 months at full cost ($160.00). Based on our current pass revenue share of 55% to NRT and 45% to local this would generate $3.4M for the Region and $2.8M to the local transit operators. Table 5: Niagara Region Transit Operating and Capital Budget Impact Net Cost/(Savings) compared to 2017 base service 2018 2019: 2020 2021; 2022 2018-2022 Cummulative Impact Niagara Region Operating Net Direct Operating Cost Contingency (5%) Capital Debt Financing Marketing Promotion & Signage Information Technology Services (ITS FTE's & Training 433,308 3,313,808 165,690 1,629,504 8,365,731 418,287 1,629,504 8,638,796 8,985,696 431,940 ! 449,285 1,629,504 1,629,504 200,000 200,000 200,000 200,000 30,000 ; 30,000 30,000 ; 30,000 300,000 300,000 300,000 300,000 Capital Current PGT - Base Ridership Change Future PGT Opportunity - (3,254); (23,233) Lost Cross Transit PGT - - Incremental Capital Requirement 3,275,000 13,900,000 (21,500); (83,439) (146,354); (149,859) (87,178); (205,754) $29,737,339 $ 1,465,202 $ 6,518,016 $ 800,000 $ 120,000 $ 1,200,000 $ (401,152) $ (319,419) $ $17,175,000 Net Financial Impact 3,708, 308 19,514,248 10,836,849 10,996,708 11,238,873 $56,294,986 Note: base financial data collected from IMTWG for 2017 statistics or used 2016 reported CUTA statistics The historic use of PGT for operating expenses has been eliminated in the 2019 net operating budget. The additional $267,000 in annual PGT plus the incremental PGT from the proposed service changes should be allocated for future capital replacement. Opportunities also exist in Fort Erie and Port Colborne for additional PGT with changes in MTO and CUTA reporting. These opportunities are described in more detail below. 39 Page 644 of 751 LNTC-C 22-2018 Appendix 1 St. Catharines The incremental tap revenue realized through joint NCSAC negotiations may allow for reinvestment in local services. The reduction in PGT is offset by the reduced capital requirements to service the post -secondary routes however there will not be a reduction in SCT fleet but rather a capital redeployment to meet other service pressures. Table 6: St. Catharines Transit Operating and Capital Budget Impact Net Cost/(Savings) compared to 2017 base service 2018 2019 2020 2021 2022 2018-2022 Cummulative Impact St. Catharines Operating Net Operating Cost Tap Revenue (16,705) (16,705) (80,753) (198,590) (284,481) (391,844) (16,705) (445,526) Capital Current PGT - Base Ridership Change Future PGT Opportunity Lost Cross Transit PGT 5,703 25,427 43,551 (679) 786 13,615 687 Incremental Capital Requirement (39,039) (52,117) 1,490 1,766 (67,083) (67,083) 43,551 31,734 2,325 (67,083) $ (50,115) $ (1,401,193) $ 118,232 $ 45,456 $ 6,268 $ (292,405) Net Financial Impact (119,792) (244,996) (340,566) (416,700) (451,703) $ (1,573,757) Note: base financial data collected from IMTWG for 2017 statistics or used 2016 reported CUTA statistics Niagara Falls Currently, $532,000 of the total annual PGT funding is applied to operating costs, the incremental revenue realized through the increased U -Pass tap rates could offset the need for PGT and direct more funds into future capital investment /replacement. The reduction in PGT is offset by the reduced capital requirements to service the post- secondary routes however there will not be a reduction in NFT fleet but rather a capital redeployment to meet other service pressures. NFT is in the final stage of completing its 30 minute headway service levels and have advised NRT that locally -provided buses delivering NRT service in 2018 are required effective September 2019 to deliver local service. This will allow for net new service enhancements at the local level in Niagara Falls. Table 7: Niagara Falls Transit Operating and Capital Budget Impact Net Cost/(Savings) compared to 2017 base service Niagara Falls Operating Net Operating Cost Tap Revenue Capital Current PGT - Base Ridership Change Future PGT Opportunity Lost Cross Transit PGT 2018'. (54,384) 2018-2022 Cummulative Impact (9,376) $ (28,128) (533,440) $ (1,393,379) 31,595 $ 110,584 23,022 $ 36,299 2,325 $ 6,268 Incremental Capital Requirement (31,785) (30,781) (104,366) (104,366) (104,366) $ (375,664) Net Financial Impact (86,169) (122,630) (333,454) (511,529) (590,239)1 $ (1,644,021) Note: base financial data collected from IMTWG for 2017 statistics or used 2016 reported CUTA statistics 40 Page 645 of 751 LNTC-C 22-2018 Appendix 1 Welland Current discussions are underway between Welland and the IMTWG finance team to confirm the most recent ridership impacts resulting from the proposed service changes. The IMTWG finance team continues to review the numbers to ensure they appropriately capture the operating and forecasted ridership that respects the consolidation efforts, while balancing the current and short term impacts of these efforts. As a result of the 2019 IMT route consolidation which incorporates new rider -driven service changes including adding a new stop at the Niagara College Welland Campus, the annual ridership impact is estimated at approximately 205,000 less rides for the elimination of the locally operated post -secondary routes plus upwards of 100,000 from lost cross -transit rides (resulting from NRT 60/65 now traveling one stop beyond the Welland Transit terminal to the college campus). The projected annual ridership reductions may reduce annual tap revenues in 2019 by $4,000 (compared to the 2017 base of $120,000); however as tap recovery rates increase beyond $0.60 per ride, expected losses in ridership are compensated by increased tap recovery rates resulting in annual savings. Table 8: Welland Transit Operating and Capital Budget Impact Net Cast/(Savings) compared to 2017 base service 2018'. 2019 2020 2021 2022 2018-2022 Cummulative Impact Welland Operating Net Operating Cost Tap Revenue Capital (7,016) (7,016) (7,016) (4,216) Current PGT - Base Ridership Change Future PGT Opportunity Lost Cross Transit PGT 3,988 (30,386) (73,353) (94,837) $ (21,047) $ (198,804) 22,957 55,019 (1,162) (980) 17,200 10,302 29,798 35,315 Incremental Capital Requirement - (54,167) Net Financial Impact (4,216) (41,039) (148,126) (135,336) Note: base financial data collected from IMTWG for 2017 statistics or used 2016 (162,500) (162,500) $ 132,994 $ 55,148 46,508 $ 121,923 (162,500) $ (541,667) (122,736) $ (451,452) reported CUTA statistics 55,019 40,090 Currently the PGT allocation to Welland is comprised of 68% funding through population and 32% through ridership; therefore ridership impacts do not translate into significant impacts on annual PGT allocations (as seen in PGT projections outlined in Table 4 under Financial Considerations). Overall, the reductions in PGT are estimate to be less than the gains realized through the provincial increased funding from 2 cents to 4 cents per litre. Table 9: Welland Transit PGT per Bus Impact Provincial Gas Tax Projections (based on Proposed NR Operational Plan) PGT Allocation Bus Fleet PGT per Bus 41 2016-2017 2021 2022 663,023 842,445 1,121,112 18 15 15 36,835 56,163 74,741 Page 646 of 751 LNTC-C 22-2018 Appendix 1 In addition, the reduction in PGT is offset by the reduced capital requirements to service the post -secondary routes thereby reducing the overall fleet at WT. The reduced fleet size and increased overall PGT allocations result in a net capital gain for future capital replacement. The 2016-17 PGT funding provided $36,835 per bus per year, the funding available per bus after all route consolidations, is estimated at $56,000 by 2021 and $74,000 by 2022. Fort Erie The 2019 NRT service plan will transfer Fort Erie's (FE) share of the FE Link service to NRT. The reduction in operating costs results in more than a 26% cost savings to FE transit. The reduction in PGT is less than 1% of their 2016-17 allocation. FE Transit applied $118,000 of PGT funding to their 2016 operating costs. The cost savings associated with the 2019 NRT service plan reduces FE Transit's the net operating budget by $164,000 which is greater than the PGT funding utilized for operating expenses. The net savings to FE transit is $55,000 which should be re -invested back into local or regional transit service expansions. Table 10: Fort Erie Operating and Capital Budget Impact Net Cost/(Savings) compared to 2017 base service 2018 2019 2020 2021 2022 2018-2022 Cummulative Impact Fort Erie Operating Net Operating Cost Tap Revenue 76,720 (159,432) (159,432) (159,432) (2,438) Capital Current PGT - Base Ridership Change Future PGT Opporhmity Lost Cross Transit PGT 941 1,694 (36) 20 530 Incremental Capital Requirement (4,875) 1,694 1,234 Net Financial Impact 76,684 $ (401,575) $ (7,313) $ 4,329 $ 1,748 $ $ (158,470) (159,646) (161,379) $ (402,810) Note: base financial data collected from IMTWG for 2017 statistics or used 2016 reported CUTA statistics Table 11: Fort Erie Transit Spending and PGT Opportunity 2016-2017 2021 2022 Net Operating less PGT used for Operating Revenue Municipal own Spending on Transit PGT Actual 2018 PGT Forecast without 75% threshold PGT Forecast with 75% threshold Lost PGT 627,398 118,912 36,972 545,458 285,076 285,076 463,091 463,091 27,290 27,835 490,381 490,927 390,599 I 522,568 367,786 368,195 (22,813) (154,373) The total annual PGT allocation is based on a formula where funding cannot exceed 75% of a municipality's own spending on transit. The use of PGT for operating costs can reduce the eligible amount the province will allocate. The cost savings will reduce 42 Page 647 of 751 LNTC-C 22-2018 Appendix 1 the necessity of using PGT for operating expenses and increase the available funds for capital investment/replacement. However, as the provincial envelope increases to 4.0 cents per litre, the reduced net operating costs will result in a lost opportunity of up to $154,000 in PGT funding for FE Transit by 2022 (and each year thereafter). An opportunity to recover this potential lost funding is through joint reporting through NRT. Port Colborne The 2019 NRT service plan will transfer Port Colborne's (PC) share of the PC Link service to NRT. The reduction in operating costs results in more than a 70% cost savings to PC transit. The reduction in PGT is less than 2% of their 2016-17 allocation. PC Transit applied $99,000 of PGT funding to their 2016 operating costs and reduced their eligible PGT funding by an estimated $20,000. The cost savings associated with the proposed NRT service plans reduces the net operating budget by $171,000 which is greater than the PGT funding utilized for operating expenses. The net savings to PC transit is $110,000 which should be re -invested back into local or regional transit service expansions. Table 12: Port Colborne Operating and Capital Budget Impact Net Cost/(Savings) compared to 2017 base service Port Colborne Operating Net Operating Cost Tap Revenue 2018'. 2019 2020 2021 2018-2022 2022 Cummulative Impact (70,998) (169,991) (169,991) (875) (169,991)1 $ (580,972) (1,750)1 $ (2,625) Capital Current PGT - Base Ridership Change - 1,040 1,559 1,559 $ 4,159 Future PGT Opportunity - '� (33) 56 488 1,136 $ 1,647 Lost Cross Transit PGT - - ( - $ - Incremental Capital Requirement - - $ Net Financial Impact (71,031) (168,896) (168,819) (169,045) $ (577,791) Note: base financial data collected from IMTWG for 2017 statistics or used 2016 reported CUTA statistics Using the similar PGT analysis applied to FE Transit, the reduced net operating costs for PC Transit will result in a lost opportunity of up to $213,000 of PGT funding by 2022 (and each year thereafter). As is the case with FE Transit, an opportunity to recover this potential lost funding is through joint reporting through NRT. Table 13: Port Colborne Transit Spending and PGT Opportunity 2016-2017 2021 2022 Net Operating less PGT used for Operating Revenue Municipal own Spending on Transit 245,956 74,215 74,215 99,465 54,870 16,556 16,888 201,361 90,771 91,102 PGT Actual 2018 151,021 PGT Forecast without 75% threshold 174,981 205,580 I 282,093 PGT Forecast with 75%threshold 151,021 68,078 68,327 Lost PGT (23,960) (137,501) (213,766) 43 Page 648 of 751 Revenues IMT Routes • (Niagara Region) IMT Projected Operating Costs Revenues - NCSAC Rate (cents/ tap) Revenues Local Routes • St. Catharines LNTC-C 22-2018 Appendix 2 Summary of NCSAC U -Pass Negotiations What We Heard From NCSAC (Mar. 2018) • Find efficiencies to IMT system by removing redundancies (charter routes) • Connect Niagara College (Welland) campuses with IMT routes • Year-round service (Sept. through August) • Reduce myriad of contracts — NCSAC as customer vs. contractor • NCSAC willing to contribute their fair share towards service enhancements • Acknowledge student contributions in Niagara for transit among lowest in provincial comparator institutions Table 14: Outlook for future fare revenues — NCSAC • Niagara Falls 2020-21 • Welland Sub -total (Local) Total (IMT+ Local) 2018-19 2019-20 $8.1 $13.1 $15.1 • $2.7* $3.8 $4.3 60 75 $0.5 $0.7 $0.3 $0.3 $0.1 $0.2 $0.9 $1.2 100 $0.9 $0.4 $0.2 $1.6 $8148 *Includes revenues for Pelham, Fort Erie, Port Colborne, #26, Brock link and NOTL Link routes that go to St. Catharines Transit and Welland Transit in 2018-19 Note: Revenue request could be affected by changes to operating costs beyond 2% inflation and changes to the adult fare rates 44 Page 649 of 751 Niagara Region LNTC-C 23-2018 September 12, 2018 Page 1 Subject: Inter -Municipal Transit Capital Plan, 2019 Report to: Linking Niagara Transit Committee Report date: Wednesday, September 12, 2018 Recommendations That this report BE RECEIVED for information and reviewed in conjunction with the Inter -Municipal Transit (IMT) Service Implementation Strategy (LNTC-C 21-2018) and the IMT Financial Impact Analysis (LNTC-C 22-2018). Key Facts • The purpose of this report is to summarize the Niagara Region Transit (NRT) forecasted total capital cost requirements resulting from the proposed inter -municipal transit (IMT) service implementation strategy outlined in LNTC-C 21-2018. • The estimated five year NRT total capital cost is $28.7M. • The Phase 1 service plan, beginning September 2018, will require three buses in addition to the current NRT fleet of 11 buses. Two refurbished buses were purchased from St. Catharines with 2018 capital funds. • The Phase 2 service plan, beginning September 2019, will require an additional 17 buses, 3 of which will be procured in 2018 with existing 2018 capital funds. The total fleet size required to accommodate all incremental service hours proposed in Phase 1 and Phase 2 is 31 buses. • Together with other municipal partners, Niagara advanced a discussion about provincial funding and the importance of investment in Niagara's future transit and GO expansion at the recent AMO conference in a meeting with the new Minister of Transportation. Discussions are ongoing with MTO at both the political and staff levels to seek opportunities to expand and enable the transit plan outlined in the inter -municipal transit (IMT) service implementation strategy (LNTC-C 21-2018). Financial Considerations The Dillion Report1 outlines operational improvements required to implement a consolidated and enhanced inter -municipal transit system. In order to realize these improvements, over the next five years (2018 through 2022) a total of $28.7M is required to resource NRT capital needs outlined in LNTC-C 21-2018. 1 Niagara Transit Service Delivery and Governance Strategy, 2017 47 Page 650 of 751 LNTC-C 23-2018 September 12, 2018 Page 2 2018 approved capital expenditures of $3.3M were required for the refurbishment of three 40 -foot buses ($0.4M), the purchase of one 40 -foot bus ($0.8M) plus the purchase of two 60 -foot articulated buses ($2.1 M). The refurbished buses have been procured and will be in service prior to September 2018 for Phase 1 implementation. The balance of 2018 capital expenditures are being procured in advance of Phase 2 implementation and will be utilized to meet the enhanced service requirements of Phase 2. The approved 2018 NRT capital budget for $3M was initiated through PW 19-2018, and the remainder is being covered through the capital variance reserve. An additional $13.9M is required to be expended in 2019 in order to acquire four 60 -foot articulated buses ($4.0M) and ten 40 -foot buses ($6.5M) as well as a total of $3.4M for a smartcard fare box, transit stop upgrades, ITS components (mobile ticketing and Wi- Fi) and refurbishments. All three new bus purchases in 2018 as well as 2019 capital expenditures will be procured and in service prior to Phase 2 implementation of September 2019. From 2020-2022 total capital requirements are forecasted at $11.5M in order to replace and refurbish existing fleet as the useful life of these assets are diminished from operations. Analysis The current NRT fleet size of 11 buses is insufficient to meet the service levels targeted for Phase 1 and Phase 2. In 2017, NRT provided 41,000 service hours. The proposed IMT Service Implementation Strategy outlined in LNTC-C 21-2018 requires an increase to 48,000 service hours in 2018; 89,000 service hours in 2019; and targeting 151,000 service hours once both Phase 1 and Phase 2 service levels are annualized. Phase 1 implementation is targeted for September 2018 and Phase 2 implementation is targeted for September 2019 as outlined in LNTC-C 21-2018. In order to meet the implementation targets and increased service levels, NRT's fleet size will require 14 buses for Phase 1 rollout and 31 total buses for Phase 2 rollout. A total NRT fleet size of 31 is required in order to continue to meet desired service levels of 151,000 hours as projected in LNTC-C 21-2018. The increased bus fleet will require future maintenance refurbishments to ensure they remain operational throughout their full useful lives as well as future capital replacement expenditures once they are no longer functional. A lag time of approximately 9-12 months exists between procurement and fleet delivery. Therefore in order to meet implementation timeline targets, it is imperative that the capital requirements forecasted are procured well in advance of service enhancement, as outlined above and further detailed in LNTC-C 21-2018. Successful implementation and realization of timeline targets will help facilitate the development and finalization of a governance framework for the IMT transit service and eliminate the requirement for NRT to rely on local transit fleet on inter -municipal routes. 48 Page 651 of 751 LNTC-C 23-2018 September 12, 2018 Page 3 At this time, the capital forecast does not include major capital needs contained in Phase 3 enhancements as outlined in LNTC-C 21-2018. The capital forecast will be refined as more information becomes available through various studies that are being undertaken during the Phase 1 and Phase 2 enhancements. Alternatives Reviewed The forecasted capital requirements were based on an accelerated timeline of September 2019 for implementation for Phase 1 and Phase 2 service changes. A delayed timeline extending implementation dates further was considered. The overall capital costs are assumed to escalate annually at inflation; however, the capital requirements would not change. Alternative dates beyond September 2019 are not recommended so that the benefits of enhanced service can be realized as quickly as possible and implemented in advance or in conjunction with the arrival of daily GO Rail Expansion into the Niagara Region. Relationship to Council Strategic Priorities Moving People and Goods: People need reliable and effective transportation modes that allow them to easily move from where they live to places such as work, leisure, health care, and education. In conjunction with LNTC-C 22-2018 and LNTC-C 23-2018, this plan directly advances the following key Council Strategic Priorities: • Provincial commitment to GO Rail expansion in Niagara • Support local municipalities in developing long-term solution for transit. Other Pertinent Reports LNTC-C 21-2018 IMT Service Implementation Strategy LNTC-C 22-2018 IMT Financial Impact Analysis LNTC-C 8-2018 - Niagara Region Transit Operating Agreement CAO 8-2017 - Niagara Region's Transit Service Delivery and Governance Strategy 49 Page 652 of 751 LNTC-C 23-2018 September 12, 2018 Page 4 Prepared by: Matt Greenfield, CPA,CA Program Financial Analyst Enterprise Resource Management Services Submitted by: Carmelo D'Angelo, BSc, MPA Chief Administrative Officer Recommended by: Ron Tripp, P. Eng. Commissioner Public Works Department This report was prepared by Matt Greenfield, Program Financial Analyst, Enterprise Resource Management Services, in consultation with the Transit Operators, Members of the Inter -Municipal Transit Working Group; Matt Robinson, Director, GO Implementation Office; Kumar Ranjan, Transportation Lead GO Implementation Office; Robert Salewytsch, Transit Service Planning Coordinator; and reviewed by Heather Talbot, Financial and Special Projects Consultant, Financial Management and Planning, and Helen Chamberlain, Director of Financial Management Planning and Deputy Treasurer, Enterprise Resource Management Services. 50 Page 653 of 751 Teresa Fabbro From: Cathy Crabbe Sent: Thursday, October 25, 2018 12:34 PM To: Bill Matson; Teresa Fabbro Subject: RE: Niagara Region Metis Council - Louis Riel Flag Raising Hi Bill: I just checked and we do have the Metis flag in our inventory. I will make arrangements for the flag to be flown from November 9 to 19 as Brian has requested. Thanks, Cathy From: Bill Matson Sent: Thursday, October 25, 2018 11:06 AM To: Teresa Fabbro; Cathy Crabbe Subject: FW: Niagara Region Metis Council - Louis Riel Flag Raising I think we can add this to the Council Agenda as a Communication item. Please see attached. From: Brian D. Kon [mailto:kon@sterlingfrazer.com] Sent: Thursday, October 25, 2018 10:58 AM To: kon@sterlingfrazer.com Subject: Niagara Region Metis Council - Louis Riel Flag Raising Tawnshi, I have attached an announcement for our upcoming Louis Riel Day celebrations for the Niagara Region Metis Council. Last year we gifted each municipality a Metis flag in the hopes that the flag would be raised just prior to Remembrance Day and to stay up until any date after November 16th (Louis Riel Day). I have attached our announcement and request that the flag be raised in your community. With the elections so close to the event we are asking that you also forward our invitation (attached) to the Mayor and Council to join us on November 16th. This year we are using the historic site that is occupied by Niagara Catholic District School Board at 3054 Orchard Hill Road, Thorold. We will have activities, refreshments and other Metis activities for you to enjoy. Miigwitch (thank you) <><><><> Brian Kon, President Sterling Frazer Associates www.sterlingfrazer.com Accessible Niagara www.accessibleniagara.com 1 Page 654 of 751 Direct line: 905-704-9806 STERLING FRAZER ASSOCIATES helps organizations meet their legal requirements of the Accessibility for Ontarians with Disabilities Act (AODA 2005), and Ontario Human Rights Code through training, policy development and by performing accessibility audits of the built environment. ACCESSIBLE NIAGARA is a not-for-profit information service provider of accessible tourism venues within the Niagara Region benefiting people with disabilities and seniors. If you were not the intended recipient of this email please notify the sender immediately. This email has been sent to you in keeping with Canada's Anti Spam Legislation. If you no longer wish to communicate by electronic media please contact me as soon as possible to be removed from my personal database and/or the database of Sterling Frazer Associates. 2 Page 655 of 751 Niagara /1 Region Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca September 24, 2018 Council Session, September 13, 2018 Planning and Economic Development Committee Session, September 5, 2018 PDS 31-2018, September 5, 2018 LOCAL AREA MUNICIPALITIES SMARTER NIAGARA STEERING COMMITTEE SENT ELECTRONICALLY Regional Incentive Delivery and Eligibility in 2019 PDS 31-2018 Regional Council, at its meeting held on September 13, 2018, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 31-2018, dated September 5, 2018, respecting Regional Incentive Delivery and Eligibility in 2019, BE RECEIVED and the following recommendations BE APPROVED: 1. That staff BE DIRECTED to continue delivery of all existing Regional incentive programs presently under review through 2019 as currently administered; 2. That a copy of Report PDS 31-2018 BE CIRCULATED to all Local Municipalities and the Smarter Niagara Steering Committee; and, 3. That the Niagara Investment in Culture program BE INCLUDED in the 2019 budget deliberations. A copy of PDS 31-2018 is enclosed for your reference. Page 656 of 751 Regional Incentive Delivery and Eligibility in 2019 September 24, 2018 Page 2 Yours truly, Ann -Marie Norio Regional Clerk :JG CLK-C 2018-111 cc: M. Bannerman Program Manager, Grants and Incentives, Planning and Development Services N. Oakes Executive Assistant to the Commissioner, Planning and Development Services R. Mostacci Commissioner, Planning and Development Services Page 657 of 751 Niagara' �if Region PDS 31-2018 September 5, 2018 Page 1 Subject: Regional Incentive Delivery and Eligibility in 2019 Report to: Regional Council Report date: Wednesday, September 5, 2018 Recommendations 1. That staff BE DIRECTED to continue delivery of all existing Regional incentive programs presently under review through 2019 as currently administered, excepting Niagara Investment in Culture program; 2. That direction regarding continuation and funding of the Niagara Investment in Culture program, which ends in 2018, BE REFERRED to the next term of Council; and, 3. That a copy of Report PDS 31-2018 BE CIRCULATED to all Local Municipalities. Key Facts • The purpose of this report is to seek Council approval (1) to continue the delivery of existing incentive programs through 2019 subject to budgetary approval, excepting the Niagara Investment in Culture (NIC) program, and (2) to refer direction regarding continuation of the NIC program, which ends in 2018 per Council direction in CSD 05-2015, to the 2019 Council. • Nineteen Regional incentive programs (Appendix 1) administered by the Planning and Development Services, Finance and Economic Development departments are currently under review. Objectives of this review are to ensure that Regional incentive programs align with Regional Council priorities and are clear, current, accountable and effective. • In PDS 42-2017, Council approved delivery of the incentive programs under review through 2018. This report seeks to continue delivery of these programs through 2019, within approved base budget, with the exception of the NIC program which ends in 2018 per CSD 05-2015. • These recommendations would not change existing budgets or allocate new funding. Funding for Regional incentives in 2019 will be determined through the budget process. Page 658 of 751 PDS 31-2018 September 5, 2018 Page 2 Financial Considerations There is no additional funding request associated with this report. The 2018 budget includes approximately $6.5M in funding related to the incentive programs currently under review (Appendix 1). This report is seeking approval to maintain delivery of these programs within Council approved budgets, excepting the NIC program (2018 budget of $250,000), until the incentive review is complete. Continuation of and funding for the NIC program, which ends in 2018, will be referred to the 2019 Council. Analysis Recognizing the importance of Regional incentive programs to Local Municipalities and grant recipients, it is recommended that Regional incentive programs including those under review continue to be delivered in 2019 as outlined in this report, within approved base budget. Continuing to deliver these programs as currently administered will provide consistency and clarity for partners and applicants, and greater efficiency in program administration for Regional staff and funding partners until comprehensive recommendations are made at the conclusion of the incentive review. An exception to this delivery is the Niagara Investment in Culture (NIC) program. The NIC program, approved by Council in 2014, ends in 2018 as outlined in the 2015 Operating Budget (CSD 05-2015). Continuation of this program, including funding, is recommended to be referred to the 2019 Regional Council. There will be no effect on continued delivery of the 2018 NIC program. No additional funding is associated with approving this proposal. Should Council approve this recommendation, annual requests for incentive program funding will form part of the 2019 budget process. Alternatives Reviewed Council could suspend delivery of existing Regional incentive programs for 2019. This may disrupt long-standing programs and partnerships and have implications for investment stability and growth, Local Municipal budgeting, and stakeholder positions regarding incentives and the incentive review. Page 659 of 751 PDS 31-2018 September 5, 2018 Page 3 Relationship to Council Strategic Priorities This report helps to realize Council's Strategic Priorities of Fostering Innovation, Investment, and Entrepreneurship; Positioning Niagara Globally; Doing Business Differently; and Advancing Organizational Excellence as continuation of key Regional economic incentive programs during their review will enable Niagara to improve and implement programs critical to success, investment and strategic growth. Other Pertinent Reports PDS 42-2017 By Law 2017-68 CSD 05-2015 Overview of 2018 Incentive Review A By -Law to Establish Development Charges for The Regional Municipality of Niagara and Repeal By -Law 62-2012 2015 Levy Operating Budget Prepared by: Marian Bannerman Program Manager, Grants and Incentives Planning and Development Services Submitted by: Carmelo D'Angelo, BSc, MPA Chief Administrative Officer Recommended by: Rino Mostacci, MCIP, RPP Commissioner Planning and Development Services This report was reviewed by Doug Giles, Director, Community and Long Range Planning in consultation with Helen Chamberlain, Director Financial Management and Planning/Deputy Treasurer. Appendices Appendix 1 List of Regional Incentive Programs Under Review Page 660 of 751 Appendix 1 PDS 31-2018 September 5, 2018 Appendix 1 — List of Regional Incentive Programs Under Review 1. Smarter Niagara Incentive Program (SNIP) • Environmental Assessment Study Grant • Building and Facade Improvement Grant/Loan • Residential Grant/Loan • Heritage Restoration and Improvement Grant/Loan • Agricultural Buildings and Facilities Revitalization Grant/Loan • Agricultural Feasibility Study Grant • Community Improvement Plans (CIPs)/Planning Studies Grant • Affordable Housing Grant/ Loan Program • Property Rehabilitation and Redevelopment Tax Increment Grant/Loan ▪ Brownfield Tax Assistance Program • Development Charge Reduction Grant 2. Public Realm Investment Program 3. Waterfront Investment Program 4. Niagara Investment in Culture Program NOTE: This program ends in 2018; continued delivery of the program and its funding will be subject to direction from the 2019 Regional Council. 5. Gateway Economic Zone and Centre - Gateway CIP Tax Increment Based Grant - Gateway CIP Regional DC Reduction Grant 6. Industrial Development Charge Grant 7. Non -Profit Regional Development Charge Grant 8. Heritage Tax Rebate Program Page 661 of 751 Niagara /1 Region Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca September 24, 2018 Council Session, September 13, 2018 Planning and Economic Development Committee Session, September 5, 2018 PDS 33-2018, September 5, 2018 LOCAL AREA MUNICIPALITIES MINISTRY OF THE ENVIRONMENT, CONSERVATION AND PARKS SENT ELECTRONICALLY 2017 Reserve Water and Wastewater Treatment Capacities PDS 33-2018 Regional Council, at its meeting held on September 13, 2018, passed the following recommendation of its Planning and Economic Development Committee: 1. That Report PDS 33-2018, dated September 5, 2018, respecting 2017 Reserve Water and Wastewater Treatment Capacities, BE RECEIVED; and, 2. That Report PDS 33-2018 BE CIRCULATED to the Ministry of the Environment, Conservation and Parks and Niagara Area Municipalities for their information and future reference. A copy of PDS 33-2018 is enclosed for your reference. Yours truly, ch,ri — Ann -Marie Norio Regional Clerk :JG CLK-C 2018-112 cc: I. Stetic W/WW Development Planning Project Manager, Planning and Development Services N. Oakes Executive Assistant to the Commissioner, Planning and Development Services R. Mostacci Commissioner, Planning and Development Services Page 662 of 751 Niagara Region PDS 33-2018 September 5, 2018 Page 1 Subject: 2017 Reserve Water and Wastewater Treatment Capacities Report to: Planning and Economic Development Committee Report date: Wednesday, September 5, 2018 Recommendations 1. That Report PDS 33-2018 BE RECEIVED; and, 2. That Report PDS 33-2018 BE CIRCULATED to the Ministry of the Environment, Conservation and Parks and Niagara Area Municipalities for their information and future reference. Key Facts • The purpose of this report is to inform Council of the reserve treatment capacities at Niagara's Water and Wastewater Treatment facilities. This reporting is required by the Ministry of Environment, Conservation and Parks (MOECP). • The data contained in this report assists in commenting on new development proposals and related servicing as well as planning for future treatment capacity. • All of Niagara Water Treatment Plants (WTPs) and Wastewater Treatment Plants (WWTPs) are positioned to accept growth beyond the minimum 10 year horizon. Financial Considerations This report provides Council with historical and projected treatment capacity and flow data. There are no direct financial implications in receiving this report. The reserve treatment capacities at the water and wastewater (W&WW) facilities are considered in commenting on new development proposals and related servicing and, as a result, could result in a financial impact related to specific future applications. Analysis The Infrastructure Planning and Development Engineering section of Planning and Development Services Department annually reports on an assessment of the average daily W&WW flows based on the previous five years, as recorded at our various facilities compared to MOECP rated capacities for the facilities. Included in the analysis are the 10 -year growth projections in accordance with Niagara 2041 (How we Grow, Flow and Go). Page 663 of 751 PDS 33-2018 September 5, 2018 Page 2 A key objective of this report is to highlight potential capacity constraints and allow sufficient lead time to plan for future capacity increases through the W&WW capital programs so that development may continue unencumbered. This is a `desktop' exercise, which compares five-year (annual) average flows to the respective MOECP Environmental Compliance Approval(s), formerly known as Certificate of Approval(s) for each facility, then incorporates 10 -year growth forecasts into the calculation. Ongoing phasing and staging strategy works with our local municipal partners will further refine this assessment for understanding development capacity. This assessment does not reflect specific compliance, quality, sustainability, risk, or operational deficiencies at the treatment plants or trunk conveyance/transmission systems, which may affect the Region's ability to approve new development or permit servicing extensions. For municipal wastewater treatment, weather is the key factor that results in peak wet weather flows, which impacts the collection and trunk sewers in both local and regional systems through "Rainfall Derived Inflow and Infiltration" (RDI&I). In wet weather years, the annual average daily flows to the WWTPs are higher due to the additional flows entering the systems. Wet weather flows can have substantial impact on available WWTP capacities and a direct impact on the limitations of available servicing capacity for future growth. Newly designed Niagara -On -The -Lake WWTP is in the commissioning stage and it is expected to receive sewage before the end of 2018. Appendix 1 and 2 provide the annual average daily flows and five year average from 2013 to 2017 for the W&WW treatment plants, respectively. Appendices 3 and 4 provide a summary of Niagara's six water treatment facilities and eleven wastewater treatment facilities presenting their respective reserve capacities. All of Niagara's WTPs and WWTPs are positioned to accept growth beyond the minimum 10 -year period (Appendix 3 and Appendix 4). Wet Weather Management In order to accommodate the anticipated growth from Niagara 2041, the 2016 W&WW Master Servicing Plan (MSP) investigated capacity upgrades (upgrades to trunk sewers, pumping station capacities, etc.), upstream management (storage, peak shaving, diversion), and peak flow management (flow reduction, Inflow & infiltration (I&I) reduction projects) for every wastewater system. Based on this review, there are wet weather projects listed with identified areas for targeted I&I removal to offset the requirement to upgrade and expand more expensive infrastructure all the way to the WWTPs. It is crucial to achieve the I&I reductions in order to offset the capacity needs from growth, to protect the environment, and mitigate potential basement flooding. The Region and Area Municipalities are continuing to work collaboratively to facilitate ongoing development throughout the region and provide the requisite servicing and capacity allocation in a responsible way to service the communities. In addition, the Page 664 of 751 PDS 33-2018 September 5, 2018 Page 3 Region has been supporting Area Municipalities by funding the Wet Weather Management Program to support various I&I related projects and programs on the municipal side. This program has been reducing the impacts of I&I and has been a benefit to both the Region and the Area Municipalities. Concurrently with this program, the Wet Weather Management team is investigating a change in development agreements to reflect appropriate and much needed acceptance levels for allowable leakage in sanitary sewers from new developments. This will be defined in more details through a collaborative effort with the local municipal partners during 2018 and 2019. Alternatives Reviewed No alternatives were studied. Relationship to Council Strategic Priorities The report highlights all Regional Water and Wastewater Systems reserve capacities to support Growth Management Strategy providing surplus population that could be serviced over a 10 -year forecasted period. The report also provides MOECP and local municipal partners operational summary and reserve capacity projections for Region's Water and Wastewater Treatment facilities. Other Pertinent Reports • PDS 39-2017, September 27, 2017, 2016 Reserve Water and Wastewater Treatment Capacities • PW 22-2017, May 30, 2017, 2016 Water and Wastewater Master Servicing Plan Update Prepared by: Ilija Stetic W/WW Development Planning Project Manager Planning and Development Services Recommended by: Rino Mostacci, MCIP, RPP Commissioner Planning and Development Services Page 665 of 751 PDS 33-2018 September 5, 2018 Page 4 Submitted by: Carmelo D'Angelo, BSc, MPA Chief Administrative Officer This report was prepared in consultation with PhiII Lambert, AD Planning and Development Services, and reviewed by Michael Leckey, Program Financial Specialist, Joe Tonellato, Director Water and Wastewater Services, Mike Janas, AD Water Operations and Staff Development, and Ron Tripp, Commissioner Public Works. Appendices Appendix 1 Appendix 2 Appendix 3 Appendix 4 Annual Average Daily Flow 2013 to 2017 WTP Annual Average Daily Flow 2013 to 2017 WWTP Water Reserve Capacity Calculations for 2017 Wastewater Reserve Capacity Calculations for 2017 Page 666 of 751 APPENDIX 1 ANNUAL AVERAGE DAILY FLOW 2013 TO 2017 WATER TREATMENT PLANTS L` L N O O d R LL M 0 >-a,>+E .... ca Q 0 O N 53,772 15,127 45,648 LO m o0 12,683 L rn 0 CD CS) O ELL " CD > .> N Q E 0 54,321 14,020 45,192 in m 00 12,388 21,590 CLS LL " co r . N > � Q c3 0 ,—iN u1 LC) 15,767 47,388 7,724 N m rl 21,821 O �% al LL ' G • `� N Q E 0 52,723 N L D O L c -i lD 00 ci Lr CO 0 01 00 13,182 20,164 N o _ IC Ll " a .� N Qc6 64 52,358 p '- 43,741 o o0 12,831 20,714 �, 3 ZS1 M RI LLC r > A — O N Q CU 0 54,505 Lc) c -I 46,734 u 7 D, 11,893 20,692 13 += as V 4- ca c Q n re cE 0 `' 227,300 44,000 00 co Ln 1n � c 36,000 50,026 102,300 Water Treatment Facility Location Decew Falls WTP Grimsby WTP Niagara Falls WTP Port Colborne WTP Rosehill WTP d H c co a) Page 667 of 751 APPENDIX 2 ANNUAL AVERAGE DAILY FLOW 2013 TO 2017 WASTEWATER TREATMENT PLANTS N. CD r L a7 0 N R LL r; >+ in > >, E M Q CV r 0 0 N 13,447 co CT' Ln ct Lri 40,380 4,484 33,404 33,012 N N m 1 N CO 34,757 CD - R LL r 0 >, E 0 > = N Q 0 15,000 20,897 In cn Q1 lf'1 44,684 r1 l0 U1 m N CO M 32,090 234 12,082 in M UD ,-i- 35,407 061 OCO > .� N QCZ 0 c -I .-i Ol LD LO 35,880 .-I O LD l�D N 29,650 CO N M co Ol d' M .-I CO n N d 0 E >, 0 > ._ N Q Q 12,755 17,549 Ln o 40,782 .-I al 30,091 30,856 234 LO 0 N °.-1 32,164 C)) a)017r- II- n r > .� N QCZ 0 LD O M i N CO o nq 111 ul n 36,657 LO dr O L 34,785 35,148 O N 12,000 Cr in N LD CO W m 0 d a 0 CTS i M > .� N Q fa 0 c -I Ln N rr .-I N c N N I, Ln I••• CO m d- O W 37,706 L(1 m1---- m 284 Cr) N .--I 71- 00 N - ,--i 40,598 W0 ()p w (6 m Et 0 C 0 — 24,500 31,280 0 O Q1 68,300 0 0 0 W 0 M c -I 56,180 D O Ln o O CT c rn 00 t -N (N- 54,550 Wastewater Treatment Facility Location Anger Avenue WWTP Baker Road WWTP Crystal Beach WWTP Niagara Falls WWTP NOTL WWTP Port Dalhousie WWTP Port Weller WWTP Queenston WWTP Seaway WWTP Stevensville/Douglastown Lagoon 0 H 0 a Page 668 of 751 APPENDIX 3 • N O CLI L L 0 c ▪ c CCI C73 est.) - .� /I� c/� \V if V CCS • `W W W Surplus Population Over 10 -Year Projection 244,9351 15,2291 aO co co o co r— co- co N a) N 4- L0 124,3751 10 -Year Forecast For Population (Residential & Employment) 30,398 14,771 N co N M N N L0 Lf) M cc N a) N N N— Reserve Serviceable Population (Equivalents) M M M Lri N 30,000 132,667 40,333 co co o CO 136,667 Average Consumption Rate (300 I/cld) 300 300 300 300 300 300 Reserve Treatment Capacity (Based on 90%) (ML/D) CO N N O 0) CO a) co N ,— N of ,— O V >, O U d H i j 0 ( M 0 (0 0 co 7 r M 0 M 0 OM m 3 a3 >T C D 0 R LL J I() >c 2 O co — ,- co V v O N. -o ,- N 90% of Average Day Capacity (3) (M L/D) v (O 0) V N v 10 00 v O N a) O CO o N CO Theoretical Average Day Capacity (ML/D) L0 10 CO N 94.9 22.7 CO M 68.9 T c O R R N N LL a O (0 V (0 co (0 co (0 LO0 7 co V Rated Treatment Capacity (ML/D) CO N N N O V V L0 (0 V O (O CO O O L0 CO N O Y " � y J a F acts - O N.: N O 7 L0 0) (0 V o O 0 O Treatment Facility 'DeCew Falls WTP !Grimsby WTP 'Niagara Falls WTP 'Port Colborne WTP 'Rosehill WTP a H 0 0 T ao 0 a) U X N U (0 o_ ca U a) a) L a T a O E • O L U a) 0) L N � (6 J E a) 0)c N 0 • O a) N C @ r0 0) X (6 2U a) (0 Y _ ON m 0) N 3 ai O U T X 6 N >, to o) m E (0 O • U (0 (0 3 co O » T L a) -o 0 c E o E co 3 0 X Q- 03 N E O N a) a� � � N y O O) J C H • U N E o , N a) a -0 0 m > r` E � o Q) c N rl 0 0 (0 (0 3 m s • E • m 2 O -O _ >' a a () j 0_ 0 15 > cO m dY N c. (a _ 0 N C Ll O O O O O 2 H N M Page 669 of 751 APPENDIX 4 Surplus Population Over 10 -Year Projection 21,0261 M 00 co-,' a W co m 42,0491 W I- 49,1451 41,566 00 7 V I� c0 V co N- 29,259! 10 -Year Forecast For Population (Residential & Employment) N- N- N 7 6) I� O CO V 7 ,- O CO 6) 6) V V CO N 15,005 N li) O O 6) 6) N N co, LO O) I` N N- 6) Reserve Serviceable Population (Equivalents) co O M LO N V N (O LO N N CO CO"' 62,029 O N O N- O (0 V (O CO CO N. Ln N COO In I. M N N 42,171 N L CO w @ oJ 7 LL a' 7 a M 340 340 M 340 340 co M co M 340 340 ‘1- Reserve Treatment Capacity (Based on 90%) (m'/day) M O co N N- 2,765 O o) co N 655 N- co N O up (0 N- CO 0) 6,246 CO N N- CO co CO r TO F° o co o a6 ' 0 0 o (0 Lo 0 N (6 0 O CO 0 6) LO o 6) I,- 54% a 6) LO o O LO 0 CO LO 0 CO Lo 0 -I- co 5 -Year Average Daily Flow (m'/day) 13,447 19,440 LO 7 Ln O ,0,1-,1- co- V 7 V 7 (M co N_ (0 0 co N 0) 7N (0 (0 34,757 90 % of Plant Capacity (1) (m'/day) If) O N N 0 00 N 0) co- V cO 5,139 L6 N L6 (0 50,562 LOn V .1- (.0 N- 2,060 49,095 CO m .v W E N R v m 0 il E () 24,500 000 N M 0 0 O 68,300 I- In 61,350 56,180 o LO o (O 65 co N N o LO V LO Treatment Facility Anger Avenue (Fort Erie) WWTP Baker Road (Grimsby) WWTP Crystal Beach (Fort Erie) WWTP Niagara Falls WWTP (2) INOTL WWTP (3) Port Dalhousie (St. Catharines) WWTP Port Weller (St. Catharines) WWTP Queenston (NOTL) WWTP (4) Seaway (Port Colborne) WWTP 1Stevensville/Douglastown Lagoon Welland WWTP -`o 0) O 0)) O a 0) 0)0) 0) a E 0) 0 0 L 0) 0 a -o@ 00 (0 0) 0 T '0 co @ @ a 3 C O (0 C @ a o 0) N 0) O 0. 0) a cr 0) 0) 0 @ a m 2 C7 a 2 oes O a 0) CC 0) (2) The Niagara Falls WWTP assessment includes the sewage flows from the St. David's area of Niagara -on -the -Lake. c T a) .- o o o)3 o @ m-o a) O U -0) O a) @ O_ (n LL X @ (0 O N N O @ o Z O -0..... 0) M E N 0) E •c 1.0 N I- :7 N 0 0) O C .N -0 O N 0) E E a E = @ 0 n o m .0 (n a 1- Y a O L@6 a 0 a E Z co 0(0 __ Cl) LO O) 0 c (0 n0 E E O N m 00 .(n a) C O) `� a E 0 E-3 0- O 0 0) O a In L O ,' = 0 0 @ °-r -.0 U a O c (0 E E co N O N LO .§ @ o o C O O O E m m O N E 2 iZ 0 E 0 I6 a E O 0 c00 Z• o .rag) 0) 0 a d a O- E a� c@i @ o o 0 ,=4- =O M Q a c c c`i LO = CO E o CO a O C )0 o 0 r E O .6 U@ Y M () W O J 'O @ co. O- N C 2 T w =O @ j C O) :CI' O O d @ E a I 2 0) o E. @ o @ a) Z E L o c r m @ C w 0 F 3 m o > -o 0.0_ �� o S o E a H N w )0 T @ j O O 1=1g ° F 7 0 0) N ' X Z O 1- E C 3 vU2 Page 670 of 751 NRH NRH 12-2018 18-175-4.2, September 21, 2018 Q2 (April 1 to June 30, 2018) Niagara Regional Rousing to Board of Directors Recommendation: That Niagara Regional Housing Quarterly Report April 1 to June 30, 2018 be APPROVED and FORWARDED to the Public Health and Social Services Committee and subsequently to Regional and Municipal Councils for information. Submitted by: Approved by: Donna Woiceshyn Chief Executive Office' Directors: Henry D'Angela, Chair Betty Ann Baker - Secretary Tim Rigby Regional Councillor Community Director Regional Councillor Thorold St. Catharines St. Catharines James Hyatt, Vice -Chair Community Director St. Catharines Betty Lou Souter Community Director St. Catharines Walter Sendzik Regional Councillor St. Catharines Karen Blackley, Treasurer Paul Grenier Selina Volpatti Community Director Regional Councillor Regional Councillor Thorold Welland Niagara Falls Page 671 of 751 Niagara Regional Housing HIGHLIGHTS: Q2 (April 1 to June 30, 2018) Application Activity 827 ved & processed Capital Program 15 jobs/projects ongoing 4 public tenders closed 44 contract orders issued Community Resources & Partnerships 1\ offered supports to I '' 313 45 new referrals partners Rent Supplement / Housing Allowance 1,324 units Welcome Home Niagara 9 homeowners received assistance Appeals =9 5 upheld 4 overturned C� �i NRH 12-2018 18-175-4.2. Sept. 21, 2018 Page 1 of 10 Work Orders 2,76A issued Rent Arrears = $35,055.56 or 3.08% of the monthly rent charges Non -Profit Housing Programs 66% deemed H EALTHY Niagara Renovates • inspections for 2018-2019 funding are still underway Housing First Project 14 Individuals / families housed New Development Carlton Street, St. Catharines approx. 609'% complete Page 672 of 751 Nigra Regional Rousing Q2 (April 1 to June 30, 2018) NRH 12-2018 18-175-4.2. Sept. 21, 2018 Page 2 of 10 VISION That the Niagara community will provide affordable, accessible and quality housing for all residents MISSION To expand opportunities that make affordable housing an integral part of building healthy and sustainable communities in Niagara J As the administrator of social housing for Niagara Region, Niagara Regional Housing (NRH) works to fulfill our vision and mission through six main areas of responsibility: 1. Public Housing (NRH Owned Units) 2. Non -Profit Housing Programs 3. Rent Supplement Program 4. Affordable Housing Program 5. Service Manager Responsibilities 6. Housing Access Centre and Centralized Waiting List 0 Definitions car be found in the attached Reference Sheet. 1. Public Housing (NRH Owned Units) DAY-TO-DAY MAINTENANCE: In Q2, 2,768 work orders were issued, representing $1,071,870.54. $54,528.70 of this amount was charged back to tenants who were held responsible for damages. 2017-Q2 2017-Q3 2017-Q4 2018-Q1 2018-Q2 # of work orders issued 1,951 3,263 2,993 2,566 2,768 Page 673 of 751 Niagara Regional Housing Q2 (April 1 to June 30, 2018) NRH 12-2018 18-175-4.2. Sept. 21, 2018 Page 3 of 10 CAPITAL PROGRAM: The Capital Program is responsible for maintaining the Public Housing (NRH Owned Units) asset and planning for future sustainability. In Q2, 44 contract orders were issued, four public tenders closed and purchase orders issued $1,200,761.00. The Capital Program was responsible for 12 capital jobs valued at $1,700,000 and three SHAIP capital projects valued at $750,000 including: • Parking lot replacement -two projects • Roof replacements -two projects • Foundation repairs -one project • Design and preparation of tender for bathroom replacements -one project • Balcony repair and railing replacement -one project • Design and preparation of tender for foundation repair and damp proofing -ten projects • Installation of a heat control system -two projects • Domestic Hot Water replacement -one project As of June 30, 2018, $2,500,000 of the $7,000,000 budgeted (excluding emergency) has been committed and/or actually spent (35%). The Capital Works team continues to be a part of the working group with the Region on the project management workshops and the Asset management team. Reallocating SHAIP year two and three projects to be completed in year one funding. TENANT MOVE OUTS: Move Outs By Reason Health Long Term Care Facility Deceased Private Rental Voluntarily Left Under Notice Eviction — Tribunal 4 13 15 6 3 10 NRH Transfer Moved to Coop or Non -Profit Bought a House Left Without Notice Other/None Given Cease to Qualify TOTAL 15 0 2 1 14 0 83 In Q2, there were 83 move outs. Ten involved eviction orders granted under the Ontario Landlord Tenant Board (LTB) — arrears (seven), illegal occupant (one), impaired safety (one), harassment (one). Seven of the evictions were enforced by the Sheriff. 12017-Q2 # of move outs 76 2017-Q3 2017-Q4 2018-Q1 2018-Q2 75 81 67 83 Page 674 of 751 NMI Niagara Regional Housing Q2 (April 1 to June 30, 2018) NRH 12-2018 18-175-4.2. Sept. 21, 2018 Page 4 of 10 ARREARS: NRH Housing Operations actively works to reduce rent arrears and saw a decrease in Q2. INSURANCE: In Q2, there was one property damage claim expected to exceed the $25,000 deductible and one statement of claims served. COMMUNITY RESOURCES AND PARTNERSHIPS: In Q2, we had partnerships with 45 community agencies across Niagara. As a result of these partnerships, more than 200 support and enrichment activities were offered to tenants at NRH sites. Each partnership contributes to tenant lives and, in turn, the success of the Public Housing community as a whole: • In Q2, the Community Resource Unit partnered with both Niagara College and Brock University to bring student placements into Public Housing communities. Each school year, Niagara College's Social Service Work students work with Community Programs Coordinators (CPCs) to assist with low-risk tenants and community development. Many of these placements have been so successful that the students have gone on to employment with NRH. NRH was also able to join Community Services to host a fourth year Brock University Politics student, who wrote recommendations for community improvement in Manchester and assisted with the Housing and Homeless Action Plan (HHAP). In addition to the benefits to NRH, students were able to get the work experience they need for a well-rounded education and future resumes. Also during Q2, NRH Community Programs Coordinators (CPCs) offered support to 313 new referrals of tenants in need of assistance. Of those new referrals, 57% were considered medium-high need. In particular, there was an increase in the number of tenants needing help with hoarding as well as supports for mental health and cognitive issues. Page 675 of 751 Jun 30, Sept 30, Dec 31, Mar 31, Jun 30, 2017 2017 2017 2018 2018 Rent charges for the month $1,109,091.38 $1,122,027.00 $1,150,372.27 $1,167,751.69 $1,136,607.00 Accumulated rent arrears $43,629.27 $44,326.67 $49,045.27 $48,660.91 $35,055.56 Arrears % 3.93% 3.95% 4.26% 4.17% 3.08% INSURANCE: In Q2, there was one property damage claim expected to exceed the $25,000 deductible and one statement of claims served. COMMUNITY RESOURCES AND PARTNERSHIPS: In Q2, we had partnerships with 45 community agencies across Niagara. As a result of these partnerships, more than 200 support and enrichment activities were offered to tenants at NRH sites. Each partnership contributes to tenant lives and, in turn, the success of the Public Housing community as a whole: • In Q2, the Community Resource Unit partnered with both Niagara College and Brock University to bring student placements into Public Housing communities. Each school year, Niagara College's Social Service Work students work with Community Programs Coordinators (CPCs) to assist with low-risk tenants and community development. Many of these placements have been so successful that the students have gone on to employment with NRH. NRH was also able to join Community Services to host a fourth year Brock University Politics student, who wrote recommendations for community improvement in Manchester and assisted with the Housing and Homeless Action Plan (HHAP). In addition to the benefits to NRH, students were able to get the work experience they need for a well-rounded education and future resumes. Also during Q2, NRH Community Programs Coordinators (CPCs) offered support to 313 new referrals of tenants in need of assistance. Of those new referrals, 57% were considered medium-high need. In particular, there was an increase in the number of tenants needing help with hoarding as well as supports for mental health and cognitive issues. Page 675 of 751 NFH Niagara Regional Housing Q2 (April 1 to June 30, 2018) 2. Non -Profit Housing Programs NRH 12-2018 18-175-4.2. Sept. 21, 2018 Page 5 of 10 As administrator of social housing for Niagara Region, NRH provides legislative oversight for 62 Non -Profit Housing Programs (non-profit and co-operative). Operational Reviews are conducted to determine the overall health of each. 2017-02 2017-03 2017-04 2018-01 2018-02 Healthy I 43 42 43 41 41 Routine Monitoring 18 18 18 18 18 Intensive Monitoring 1 2 2 1 1 1 Pre -PID (Project in Difficulty) 1 1 1 1 1 PID (Project in Difficulty) 1 1 1 1 1 TOTAL 65 64 64 62 62 NRH Housing Programs staff continue to work with Federal Housing Providers as they move toward End of Operating Agreements (EOA). 3. Rent Supplement Program In Q2, there were 1,324 Rent Supplement/Housing Allowance units across Niagara. In the Rent Supplement program, tenants pay 30% of their gross monthly income directly to the private landlord and NRH subsidizes the difference up to the market rent for the unit. The Housing Allowance program is a short term program that provides a set allowance to help applicants on the wait list. Variances in the number of Rent Supplement/Housing Allowance units reflects the general management of the program and required take-up/deletion of units due to End of Operating Page 676 of 751 2017-Q2 2017-Q3 2017-Q4 2018-Q1 2018-Q2 Fort Erie 24 26 26 27 28 Grimsby 24 25 26 26 26 Lincoln (Beamsville) 2 2 2 13 12 Niagara Falls 183 200 219 228 229 Niagara -on -the -Lake -- -- - - - Pelham 26 24 24 23 23 Port Colborne 40 44 47 51 53 St. Catharines 525 567 600 657 700 Thorold 21 24 29 32 37 Welland 181 189 199 202 201 West Lincoln 15 15 14 14 15 TOTAL 1,041 1,116 1,186 1,273 1,324 Variances in the number of Rent Supplement/Housing Allowance units reflects the general management of the program and required take-up/deletion of units due to End of Operating Page 676 of 751 Niagara Regional Rousing Q2 (April 1 to June 30, 2018) NRH 12-2018 18-175-4.2. Sept. 21, 2018 Page 6 of 10 Agreements (EOA), move out of tenants, and/or new units/landlords. Totals will be increasing in the future as some Non -Profit Housing Programs transition into a Rent Supplement agreement upon expiry of their operating agreement. It is unknown which areas will be affected. 4. Affordable Housing Program NIAGARA RENOVATES PROGRAM: The Niagara Renovates program provides assistance to low -to -moderate income homeowners for home repairs, accessibility modifications and the creation of secondary suites in single family homes. Niagara Renovates inspections for 2018-2019 funding are now underway. Inspections include all areas inside and outside of the home to ensure compliance with program guidelines. Issues are identified and a detailed Inspection Report is completed for review before a decision is communicated to the homeowner. NRH received $500,000 through the Investment in Affordable Housing - Extension (IAH-E) program for homeowner and secondary suite repairs and $626,300 for multi -unit repairs, totaling $1,126,300 for the 2018/2019 period. HOMEOWNERSHIP PROGRAM — "WELCOME HOME NIAGARA": The Homeownership program assists low -to -moderate income rental households to purchase their first home by providing a down payment loan. In Q2, nine homeowners received assistance through Welcome Home Niagara. One of these was an NRH tenant. HOUSING FIRST PROGRAM: The Housing First program helps people move quickly from homelessness to their own home by providing supports to help difficult to house individuals find and keep housing. In Q2, 14 individuals/families were housed through the Housing First program. Since 2012, Housing First has helped 335 individuals/families. Page 677 of 751 12017- 2017- 2017- 2018- 2018- Q2 Q3 Q4 •1 •2 # individuals/families housed 15 10 22 17 14 # of Housing First units (at quarter end) I 136 131 148 165 170 Since 2012, Housing First has helped 335 individuals/families. Page 677 of 751 NMI Niagara Regional Housing Q2 (April 1 to June 30, 2018) RENTAL HOUSING (NEW DEVELOPMENT): NRH New Development NRH 12-2018 18-175-4.2. Sept. 21, 2018 Page 7 of 10 Carlton Street, St. Catharines Amount Units Investment in Affordable Housing -Extension (IAH-E), Year 3 $5,806,000 45 Investment in Affordable Housing -Extension (IAH-E), Year 4 $2,888,000 23 Social Infrastructure Fund (SIF), Year 1 1 $2,387,817 17 Roach Avenue, Welland Social Infrastructure Fund (SIF), Year 3 $1,200,000 8 TOTAL 1 $12,281,817 93 At the end of Q2: Carlton Street • Interior — 1st floor, mechanical and electrical rough -in in progress • Interior — 2nd floor, painting is 90% complete, flooring installation in progress, approximately 40% complete • Interior — 3rd floor, drywall boarding 10% complete, mechanical and electrical rough in is in process • Interior 4th floor — units have been drywall boarded • Interior 5th floor — units have 50% drywall boarded • Penthouse — mechanical rough in started, electrical rough in in progress • Exterior — brick work 50% complete • Overall progress — approximately 60% complete Roach Avenue • Received tenders and tender evaluations have been completed • Demolition Permit has been applied for, forecast start of demolition in September Additional New Development Investment in Affordable Housing -Extension (IAH-E), Year 2 funding has been allocated to three non-profit organizations and will result in the creation of 40 units for seniors and mental health consumers in Niagara: Amount Units Gateway Residences of Niagara, Huron Street, Niagara Falls $720,000 Thorold Municipal Non -Profit, Ormond Street, Thorold $1,228,912 Stamford Kiwanis, Barker Street, Niagara Falls $1,089,088 TOTAL $3,038,000 At the end of Q2: • Gateway Residence of Niagara — complete and operational 9 14 17 40 Page 678 of 751 NMI Niagara Regional Housing Q2 (April 1 to June 30, 2018) NRH 12-2018 18-175-4.2. Sept. 21, 2018 Page 8 of 10 • Thorold Municipal Non -Profit — complete and operational • Stamford Kiwanis — approximately 60% complete. Construction to resume in the fall of 2018 5. Service Manager Responsibilities APPEALS: In Q2, 9 appeals were heard (six fewer than in 2017-Q2). • Five related to ongoing RGI eligibility o Two for failure to provide information — one upheld, one overturned • One overhoused household with illegal occupant was given the option of paying market rent or transferring to a 1 -bedroom — upheld, tenant transferred o Two related to review of overhoused status • Appeal decision for NRH tenant was deferred from January. Appellant was given more time to supply information and heard again June 2018 — upheld. • Rent -Supplement tenant was given time to submit outstanding information. Decision overturned. Household not overhoused. Subsidy reinstated. Four for decisions made by Housing Access (e.g. requests for urgent status, an additional bedroom, and remaining in modified unit) — two upheld, two overturned 2017-Q2 2017-Q3 2017-Q4 2018-Q1 2018-Q2 # of appeals 15 INVESTMENTS: See Appendix A — Investment Report 15 9 19 9 6. Housing Access Centre & Centralized Waiting List APPLICATION ACTIVITY: # of Applications Received & Processed 827 # of Special Provincial Priority Status Applications 98 # of Urgent Status Applications 150 # of Homeless Status Applications 165 # of Eligible Applications 795 # of Ineligible Applications 32 # of Cancelled Applications 278 # of Applicants Housed 128 In Q2, 278 households were removed from the Centralized Waiting List because they were no longer eligible, they found alternate housing or we were unable to make contact. Page 679 of 751 NRH NRH 12-2018 18-175-4.2. Niagara Regional Housing Q2 (April 1 to June 30, 2018) Sept. 21, 2018 Page 9 of 10 CENTRALIZED WAITING LIST: 2017- Q2 2017- Q3 2017- Q4 2018- Q1 2018- Q2 # of households A Rent-Geared-to-Income (RGI) waiting list: Niagara resident RGI waiting list 4,226 4,282 4,344 4,287 4,562 Applicants from outside of Niagara 603 641 657 639 692 TOTAL RGI waiting list: 4,829 4,923 5,001 4,926 5,254 Housing Allowance: a set allowance to help applicants on the waiting list with affordability in the private market until housed in an RGI unit 344 428 505 569 605 L s: Seniors 1,973 2,038 2,061 2,064 2,173 Adults no dependents 1,614 1,652 1,703 1,630 1,727 IIIMIllilist Adults with desendents further segmented (#'s included in A & Al): 1,242 1,233 1,237 1,232 1,354 SPP - Special Provincial Priority (Ministry Priority): helps victims of violence separate permanently from their abuser 115 114 101 122 129 URG - Urgent (Local Priority): for applicants with mobility barriers and/or extreme hardship where their current accommodation puts them at extreme risk and/or causes hardship 98 105 99 104 120 HML - Homeless (Local Priority): provides increased opportunity for placement to homeless households 748 821 832 842 894 SUP - Supportive/Transitional: provides targeted, provisional services to assist individuals to transition beon�c needs to more permanent housing 29 26 19 17 17 nag Overhoused: households who are living in subsidized accommodation with more bedrooms than they are eligible for 133 111 143 152 167 Transfer: households who are currently living in subsidized accommodation and have requested a transfer to another provider 437 499 513 518 525 TOTAL RGI households on waiting list managed by NRH: 5,399 5,533 5,657 5,596 5,946 NRH maintains a waiting list for market rent units (62 Non-Profit Housing Programs): Market: applicants who have applied for a market rent unit in the Non-Profit Housing Programs portfolio 569 592 591 578 597 TOTAL households on waiting list managed by NRH: 5,968 6,125 6,248 6,174 6,543 TOTAL individuals on waiting list managed by NRH: 10,031 10,217 10,449 10,380 11,052 Note: the above chart includes only those who apply to the Centralized Waiting List and does not capture the full number of those in need of affordable housing in Niagara. Page 680 of 751 NPRII Niagara Regional Housing Q2 (April 1 to June 30, 2018) ESTIMATED WAIT TIMES: NRH 12-2018 18-175-4.2. Sept. 21, 2018 Page 10 of 10 CITY Fort Erie SENIORS Age 55 and older SINGLES Age 16-54 HOUSEHOLDS WITH DEPENDENTS Bachelor 1 Bed Bachelor 1 Bed 2 Bed 3 Bed 4 Bed 5 Bed YEARS 9 2 8.5 2 1 5 Grimsby 4 Lincoln 4.5 12 9 8 Niagara Falls 4 6 16 5 3 7 14 Niagara -on -the -Lake 6.5 Pelham 3.5 Port Colborne 4.5 13 3 3 3 St. Catharines 6.5 9 13 3.5 3 9 12 Thorold 6.5 10 6 8 Welland 5 6 15 5 2.5 7 2 West Lincoln 4 5.5 7 - no units of this size available in this community Please note: • wait time information can fluctuate and is an approximation only • wait times may not reflect the actual time one may wait for affordable housing January 2018 Page 681 of 751 a a N 00 x O a o N ati N r' aob = a c� Q Z O r G: Ep E O o BANK ACCOUNTS ° E2 a 0 C m'9 z 3 y o a S O L L �oa)Uo o a) T N C c.', -c' 1'. N 7 O m 2 O-� 2 c,. N w N a LL w 0 a� a) O. g N V O a) 0 0 a a) w a) O 2 U .O V O C O O 0) a m a Interest earned at a rate of RBC Prime minus 1.70% on balances in bank and investment accounts. NRH 12-2018 AppendixA 18-175-4.2. Sept. 21, 2018 Quarterly Report on Cash / Investments / Reserves for Period Ending June 30, 2018 Variance e 00 N o O O e O O e Co O e '1' O Variance O (Si lT 1A T M 1,655.86 1,655.86 Last Quarter Balance O a � f0 N CO M r 4,592.36 97,971.49 V co cd 0o N N N- N 01 er r-: v cO 1- M This Quarter Balance 1F 6 f0 N N O f0 Of 69 4,592.36 O V I•-. O 1-- 0) 273, 939.50 N M M O N (0 h M 1 Current Bank Account: Royal Bank account used for day-to-day operations for the owned units. Also to cash flow various short terms programs funded by Prov and Fed gov't usch as development, homeownership and capital repair programs. Investment Bank Account: Used to hold funds "In Trust" for designated Housing Providers for capital work. A CMHA: Reserves held for CMHA Units. B Ganawageh Capital Fund: C Due (From) Current Account Total Investment Bank Accounts Page 682 of 751 00 < N 00• 00 X C O O -6 N N = in .-i N Q c N N p_ 00 f+ in Z O N u) C N E E O 0 INVESTMENT VEHICLES - FUND ACCOUNTING Various investment vehicles are used to protect and optimize the cash that is held for specified purposes. Investments are both short-term and long-term in nature. These funds are intended to ensure continued growth without capital erosion by inflation. 2 Year GIC, $521,565; due date is 05/16/2019; interest rate of 1.26% to Current Instruments: 1.63% 2 Year GIC, $802,567; due date is 08/17/2018; interest rate of 1.45% to RBC Investment Savings = $4,405,379.12 1.65% 1 Year GIC, $497,000; due date is 08/15/2017; interest rate of 1.65% to 1.71%. These were renewed on 08/15/2017 at an interest rate of 1.45% to 2.25%; due date is 08/15/2019 1 PASS THROUGH FEDERAL/PROVINCIAL PROGRAM FUNDING Due to current account Quarterly Report on Cash / Investments / Reserves for Period Ending June 30, 2018 Variance 0 O O O 0 O O O -251.63% o O N e M M O Variance V O Ch 00 M if) 73,639.44 O N 1() N O N Last Quarter Balance 65,375.90 21,135.86 V 1-- r- 06 00 6,245,288.90 This Quarter Balance 65,375.90 (32,048.08) CO 00 -1- c.i. co N O 6,265,744.40 A AHP - New Development 2 ADMINISTRATION FUNDING 8 Affordable Housing Prog & Housing Allowance Prog C IAN - Admin Fee 3 RECONCILIATION D Due (From)Current Account R 0 1 - Page 683 of 751 NRH 12-2018 TTS c w 0 po mrn p coh W 7 co OJ co co CL O N r V N M L :411 C) M M 0)NN- l0 R N -1-- V CO Q N) E 00 m O m 0 VT (I)` 0 w 0) 0 d) w 0 C 'E N N re ca 3D 0u)aai O .2 .8- c 0 c Oci_ = L 0 0 O O Li_ m ct 0 0 N _ J D) c Z r0 -0 .t-� o O co d 7 N 0 0 O s 0. M 0 0i o r >, co a) = T - o c -0 re :an To C N 6. 73 @ >. a O 0 Ea) .o .2 cu c o LL' w Z .E o i n0 a> 3a al O •y am ) m 7 0 a 2- 0)1- Z a o 0) CO M O I-- N co O No a> I7 7 7 Co EA CO 0) ROD N. yO co co coco O N O NiV - co @ M 0) 0) r• 7 IO 0 M M m c 3 7 0) 0. 0 O E w ER M co O fR to 0-1 00 0) EA - CV coW N O 0 N O CA m N co M N CO M N 0) csa 0) m CV 0) COW O O 0) O) r 0) cor Eft EA - EA er N C'1 o z I Z Total NRH Capital Reserves O CO O M EA NRH Rent Supplement: O O M fR Total NRH Stabilization Reserves M co 0) M M 1- v� N W OD 11,035,981 $ Eft CO CO M U7 0 NRH Employee Future Benefits: Total Future Liability Reserves a 0 1- * 2018 Budget amounts Interest no longer applied by approval of Regional Council (CSD 02-2013). Page 684 of 751 NUN Niagara Regonal Noosing Quarterly Report Reference Sheet NRH 12-2018 18-175-4.2. REF Sept. 21, 2018 A AFFORDABLE HOUSING RENTS: Rents are established at 80% market of Canada Mortgage and Housing Corporation (CMHC) Average Market Rent, with no ongoing rental subsidy. APPEALS: Social Housing tenants/members can request reviews of decisions related to applicant eligibility, priority status, transfer requests, overhoused status, ongoing Rent - Geared -to -Income (RGI) eligibility and rent calculation issues. The NRH Appeal Committee makes decisions on appeals from applicants and tenants in Public Housing, Social Housing (where they have not established an Appeal Committee) and Rent Supplement units. All appeal decisions are final, per legislation. ARREARS: To assist with arrears collection, tenants/members are provided the option of entering into a repayment agreement but are still expected to pay full rent on time. B C CAPITAL PROGRAM: Is responsible for maintaining the Public Housing (NRH -owned) asset and planning for future sustainability, as well as issuing tenders for service contracts. CENTRALIZED WAITING LIST: Is comprised of almost 200 subsidiary lists of Public Housing, Social Housing and private units through the Rent Supplement program. It is maintained on a modified chronological basis (i.e. in order to ensure that applicants are treated fairly, units are offered based on the date of application). The needs of particularly at -risk populations are addressed through Priority Status groups that are offered units before other applicants on the Centralized Waiting List: • Special Provincial Priority (SPP) Status • Urgent Status • Homeless Status The Housing Services Act, 2011 (1 -ISA) requires that the Centralized Waiting List is reviewed on a regular basis. Applicants are asked to confirm their continued interest and to update information annually (# of household members, total household income) so that NRH can verify ongoing eligibility for housing subsidy. If a household is no longer interested or is deemed ineligible the application is cancelled and removed from the list. The Centralized Waiting List includes various types of households (i.e. families, seniors and singles/adults without dependents) from both within and outside Niagara, the priority groups mentioned above, RGI and Market applicants and existing tenants who are overhoused (have more bedrooms than they need). COMMUNITY PROGRAMS: NRH's community partners offer events, presentations, activities and programs to help mitigate the effects of poverty by building community pride, offering life skills training and enhancing the lives of the tenants. While NRH does not deliver these services directly to tenants, NRH's Community Resource Unit facilitates partnerships by identifying evolving community and tenant needs, connecting with appropriate programs and supporting their ongoing success. D Updated: September 2018 Page 1 of 4 Page 685 of 751 18-175-4.2. REF Sept. 21, 2018 Quarterly Report Reference Sheet E END OF OPERATING AGREEMENTS (EAO): EOA refers to the expiry of federally signed operating agreements. NRH is working with these providers to find innovative solutions to maintain the existing number of social housing units in Niagara and protect existing tenants/members from losing subsidy. END OF MORTGAGE (EOM): Federal/provincial and provincial housing providers (non- profits and co-ops) legislated under the Housing Services Act (HSA) do not have operating agreements that expire when the mortgage matures. The relationship between service manager and housing provider continues with the housing provider still obliged to follow the HSA. The obligation of service manager to pay a mortgage subsidy ends. EVICTION PREVENTION/SUPPORT: Supports to help NRH tenants stay in their homes through identification of tenant needs and connection with supports and services (ex. Mental health issues, cognitive decline, addiction, family breakdown etc). F G HOMEOWNERSHIP PROGRAM — "WELCOME HOME NIAGARA": The Homeownership program assists low -to -moderate income rental households to purchase their first home by providing a down payment loan. The loan is forgivable after 20 years if the household remains in the home. HOUSING AND HOMELESSNESS ACTION PLAN (HHAP): Niagara's 10 -year Community Action Plan to help everyone in Niagara have a home. HOUSING ACCESS CENTRE: Housing Access is the gateway to affordable housing in Niagara. All applications for housing are processed through the Housing Access Centre including initial and ongoing eligibility assessment as well as management of the Centralized Waiting List. Options include accommodation with Non-profit and Co- operative housing providers (Social Housing), NRH owned units (Public Housing and two mixed income communities), or for-profit/private landlord owned buildings (Rent Supplement/Housing Allowance). HOUSING ALLOWANCE PROGRAM: A variation of the Rent Supplement program that provides a set allowance of up to $300 per month to private landlords to assist applicants who are on the Centralized Waiting List. HOUSING FIRST: Helps people move quickly from homelessness to their own home by providing supports to help difficult to house individuals find and keep housing. NRH partners with Niagara Region Community Services and community agencies to provide rent supplement to landlords while agency staff provide a range of personalized supports to encourage successful tenancies and, if the tenant chooses, address personal challenges. I INVESTMENT IN AFFORDABLE HOUSING PROGRAM — EXTENSION (IAH-E): Provincial and federally funded program designed to improve access to affordable housing that is safe and suitable, while assisting local economies through job creation generated by new development and home repairs/modifications, including: • Niagara Renovates • Homeownership (Welcome Home Niagara) • Rent Supplement/Housing Allowance • Rental Housing (New Development) Page 2 of 4 Page 686 of 751 18-175-4.2. REF Sept. 21, 2018 Quarterly Report Reference Sheet 3 K L LOCAL HOUSING CORPORATION (LHC): Also called "Public Housing", LHC refers to the communities that Niagara Regional Housing owns and manages. M N NIAGARA RENOVATES PROGRAM: Provides assistance to low -to -moderate income homeowners for home repairs, accessibility modifications and the creation of secondary suites in single family homes. Assistance is provided in the form of a forgivable loan, written off over a 10 -year period, as long as the homeowner continues to live in the home. NON PROFIT HOUSING PROGRAMS (FORMERLY "SOCIAL HOUSING"): Includes Non - Profit and Cooperative Housing Providers, who own and manage their own housing communities and have their own independent Boards. NRH provides legislative oversight to ensure they are in compliance with the Housing Services Act (HSA). Generally, 25% of these units are designated as market rent units. The remaining 75% of units are offered to households on the Centralized Waiting List that pay RGI. O OPERATIONAL REVIEWS: In order to ensure that non-profit housing providers are in compliance with legislation and local policies, NRH investigates overall health by analyzing many factors including finances, vacancy losses, governance issues, condition of buildings etc. NRH then works with them to bring them into compliance and provide recommendations on best business practices. p PORTABLE HOUSING ALLOWANCE: Direct financial assistance given to the household (tenant) on the Centralized Waiting List; not tied to a housing unit. PRIORITY STATUS GROUPS: Priority Status groups are offered units before other applicants on the Centralized Waiting List: • Special Provincial Priority (SPP) Status is the only legislated priority and is intended to help victims of violence separate permanently from their abuser • Urgent Status is intended for applicants with (1) Mobility Barriers (i.e. physical limitations that require barrier -free units) and/or (2) Extreme Hardship (i.e. where the applicants' current accommodations puts them at extreme risk and/or causes hardship and relocation would reduce the risks and/or alleviate the hardship • Homeless Status provides an increased opportunity (1 in 10 households housed from Centralized Waiting List) for placement to households that are homeless PUBLIC HOUSING (Also CALLED "LOCAL HOUSING CORPORATION"): NRH owns and manages 2,660 units of Public Housing stock in 9 of the 12 Niagara municipalities. Tenants pay 30% of their income for rent. *Note: NRH owns and manages an addition/ 91 units that have affordable (80% market) and market rents. Q R RENT SUPPLEMENT PROGRAM: Tenants pay 30% of their gross monthly income directly to the private landlord and NRH subsidizes the difference up to the agreed Page 3 of 4 Page 687 of 751 18-175-4.2. REF Sept. 21, 2018 Quarterly Report Reference Sheet Page 4 of 4 Page 688 of 751 market rent for the unit. *See also Housing Allowance Program and Housing First Project. S SERVICE MANAGER: As administrator for affordable housing on behalf of Niagara Region, NRH's main responsibilities include: administering Rent Supplement Programs, oversight of Non -Profit and Cooperative Housing Providers, determining RGI eligibility, maintaining Centralized Waiting List, establishing Local Policies etc. SOCIAL HOUSING (FORMERLY "AFFORDABLE HOUSING"): All NRH programs and services, including Public Housing (NRH -owned), Non -Profit Housing Programs, the Rent Supplement Program and the Affordable Housing Program T U V W WELCOME HOME NIAGARA: Assists low -to -moderate income rental households to purchase their first home by providing a down payment loan. The loan is forgivable after 20 years if the household remains in the home. X Y Z Page 4 of 4 Page 688 of 751 Teresa Fabbro To: Subject: Bill Matson RE: Skylon Tower New :Years Eve Fireworks From: Nancy Benedict[mailto:nbenedict©fxworxinc.com] Sent: Tuesday, October 23, 2018 10:49 AM To: Bill Matson Cc: Angela Alberga; Mark Rice Subject: Skylon Tower New :Years Eve Fireworks Good morning Mr. Matson, I hope you are well. I respectfully request that our application to present fireworks from the observation level and the roof of the Skylon Tower for NYE 2018/2019 be put before the Niagara Falls City Council for approval. The insurance certificate will name as additional insured The City of Niagara Falls. Please contact me if you have any questions or concerns. Thank you in advance for your assistance. Warm Regards, Nancy Benedict mow!, _ * w1/i[. la V� l STA PYROTECHNICS 2141Perrbe Need Wes/ iynaen brbrq Cm -..AN, LCIRi![I I. 19051304.1340 1 Page 689 of 751 Teresa Fabbro To: Subject: Bill Matson RE: New Year's Eve re SOP -Public Event From: Laurie Bitner Sent: Monday, September 24, 2018 1:40 PM To: Bill Matson Cc: Serge Felicetti Subject: New Year's Eve re SOP -Public Event Hi Bill, Just wondering if we could prepare the same letter as last year, (attached) for Niagara Parks regarding the upcoming NYE event noting it "as of municipal significance" following the AGCO Requirements for Special Occasion Permits.(attached) If you could make a note to add this item to next Council Agenda, Nov 13, 2018, in order to prepare this letter. NPC needs to submit this application 30 days prior to the event. Thanks very much! Laurie From: Laurie Bitner Sent: Thursday, November 2, 2017 4:58 PM To: Bill Matson Cc: Serge Felicetti Subject: SOP -Public Event Hi Bill, RE: NPC New Year's Eve AGCO Requirements NPC must adhere to the Alcohol and Gaming Commission of Ontario (AGCO), (attached) and complete a Special Occasion Permit (SOP) Application to conduct a public event such as the New Year's Eve Show to mitigate risk where alcohol is served. Since the NYE Show is a large-scale event, NPC will now require formal acknowledgement from the City that the upcoming NYE Show is municipally significant as per the AGCO Guidelines. "An event of municipal significance requires a municipal resolution or a letter from a delegated municipal official (i.e. Municipal Clerk) designating the event as "municipally significant". Bill, can we get this report submitted in time for November's Council meeting; and do you require a formal letter from NPC or is Sarah's email sufficient?...See Sarah's comments below. Thank you! 1 Page 690 of 751 Laurie From: Serge Felicetti Sent: November 2, 2017 3:57 PM To: 'Sarah Wood' Cc: Laurie Bitner Subject: RE: SOP -Public Event Ok so we can get the request on the council agenda for approval. Laurie can you please check with Bill to see if Sarah's email is all we need for the council meeting or do we require a more formal letter from NPC. Thanks, Serge From: Sarah Wood [mailto:swood@niagaraparks.com] Sent: Thursday, November 2, 2017 3:51 PM To: Serge Felicetti Cc: Laurie Bitner Subject: RE: SOP -Public Event Yes I think we need 30 days so it will be just enough time LOL Thanks Sarah From: Serge Felicetti[mailto:sfelicetti@niagarafalls.ca] Sent: November -02-17 3:49 PM To: Sarah Wood <swood@niagaraparks.com> Cc: Laurie Bitner <Ibitner@niagarafalls.ca> Subject: RE: SOP -Public Event Yes we can but I believe it will have to go to our council meeting which is Nov. 28. Does that give you enough time? From: Sarah Wood [mailto:swood@niagaraparks.com] Sent: Thursday, November 2, 2017 3:46 PM To: Serge Felicetti Cc: Laurie Bitner Subject: FW: SOP -Public Event Hi Serge and Laurie The licensed space for the NYE main show must be completed differently according to the AGCA. We are going through the SOP process. Part of the requirement for the SOP of this size is a resolution of municipal council or a letter of from a delegated municipal official designation noting the event is municipally significant. Is this something you can assist us with? Could we receive a letter from the City/Mayor noting this? Please note, the importance of the licensed space for NPC is not just about generating revenue but more importantly it provides a means of control and enforcement over alcohol during the NYE event. By providing a licensed space, the amount of alcohol coming to the site has been vastly reduced. If people do bring it, the police now have an option to provide the customer with service 2 Page 691 of 751 therefore providing better customer service and reducing the conflict caused when the patron is required to garbage what they brought to site. Finally, it provides a means to ensure that those that are drinking are going through a smart serve process. The first year we implemented the licensed space when NPC took over the NYE event, NPC reduced the number of arrests by 98% and the impact to the local hospital by about 50%. The following year we had only 1 arrest and this has remained fairly consistent year after year since that time. If we are required to eliminate this space, the impact to the NYE security and enforcement would be much different. I have attached the AGCO guidebook for reference. Please let me know if this is something that the City can assist us with. Thanks Sarah Please consider the environment before printing this e-mail. The Niagara Parks Commission Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Please consider the environment before printing this e-mail. The Niagara Parks Commission Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. 3 Page 692 of 751 'In J It. J_ Corporate Royal Bank Plaza 200 Bay Street Box 6 Toronto, Ontario Canada M5J 2J5 Axxess Network Tel: 905 792-2957 Fax: 905 792-3786 US 214 884 9314 Company E-mail: bainroun buiaroup.ca Company Website: www.bgigroup.ca The Bridgeton Group Inc. BGI Development Group Real Estate Developers Development Managers Project Managers Construction Managers Property Managers Mayor Diodati and Members of Council The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario Canada L2E 6X5 Your Worship and Members of Council, August 15, 2018 (by email) Re: "A New Paradigm in Affordable Seniors Living" A possible solution to Waiting Lists in your Municipality. We are Developers based in Toronto with 55 years continuous experience producing large scale Projects in most asset classes - http://bgigroup.ca/ (see also attached). We recognize the acute need for affordable housing for low income seniors in Ontario and beyond, specifically those on the 'shameful' Waiting Lists of 5 to 8 years. Most private facilities addressing the seniors Market are in the $4,000 to $7,000 per month range which is one reason for the Waiting Lists. Another factor is the lack of private, and Government construction of low income seniors rental accommodation. BGI has conceived a possible solution - "A New Paradigm in Affordable Seniors Living" from approx. $1300 per month / single including locally produced lunch and dinner daily, with added services available if required. Development will be by BGI or nominee, under the banner: "Joy Living Communities". BGI has registered the concept copyright with the Government of Canada and the US, and as Master Developer, intends to directly develop and/or licence and overview the concept to other experienced Developers / Sponsors to help expedite production in varying locations to address the current crisis which is soon to grow exponentially. Due to land and construction cost and lack of trades availability in the GTA, we are concentrating on introducing these projects outside of the GTA initially, and your municipality is one of the areas we intend to examine in the first stage rollout. Page 693 of 751 In order to introduce this concept into your Community, we would appreciate being advised of current incentives and grants that your municipality would be open to discuss (Fees, DCs, parkland, taxes etc) for low income seniors housing, and if there are any 1.25 - 2 acre sites of municipal or regional land up to 6 storey (zoned or expedited zoning and SPA for Multi Family / Mixed Use with added ground floor commercial) that may be contributed and allow the project to be built utilizing CMHC loan insurance for seniors housing, for which we are currently in discussion. For contributed municipal land we can also consider 1.0 acre lots, since contributed land may allow one level of parking below grade while maintaining resident monthly costs. We will also consider sites up to 20 acres for full Adult Lifestyle Communities which could include the BGI concept for affordable apartments and bungalows. Discussions are also underway with a national home care Operator for the ongoing experienced operation of these buildings and we have also requested they examine the Butterfly Program, under the auspices of the proposed Not for Profit entity. The following is a brief synopsis of what we intend to introduce: " Consider it all JOY..." JOY... .Just Older Youth.... The JOY Living Communities concept, a proposed Not for Profit corporation ("JOY") is a new paradigm in affordable seniors accommodation with meals plus additional services as may be required by each resident, to allow aging in place for those 65 years and up, starting with Ontario low income seniors on the shameful Waiting Lists of 5 to 8 years for affordable accommodation. These Waiting Lists will grow exponentially over the next 20 years with the advent of the Boomer tsunami. Generic example (BGI concept -4f1 -102 residents; 5f1 -136 residents; 6 fl -170 residents) 2 Page 694 of 751 Seniors on the Ontario Waiting Lists have two basic choices: 1. Remain on the 5-8 year Waiting Lists OR 2. Consider JOY with a sense of community allowing the mixture of independence and support that responds to changing needs and... banish the loneliness. JOY is an original concept and its copyrights, (and any derivatives thereof) have been formally registered by its originator ( BGI www.bgigroup.ca) with the Government of Canada, ( file 1147907) and US Library of Congress ( file 1-6714266701), and as signatories of the Berne Convention, copyrighted in over 150 countries. JOY is in the preliminary stages to roll out the concept in 10 Ontario Regions and Texas, to be followed by the GTA and various other locations by licence of the copyright to other Sponsors. Original project and design concept has been conceived by Ian Jones MRICS, President of BGI Group Toronto, with over 50 years continuous experience developing and building large scale projects including Adult Lifestyle condos and bungalows, as well as 5 star hotels, university buildings, hospitals, offices, retail. The concept is based on JOY providing furnished units, individually private, and 2 nutritious meals procured locally and served daily in intimate settings, for seniors 65 and up starting at $1300/Mo per single, (a level that falls within a typical senior's CPP, OAS, and GIS) in new 4 to 6 storey buildings sprinklered and of sustainable, energy efficient construction. All locations will have lobby and lounge amenities, scooter /bike parking on the Ground floor, and locations will be chosen to contain restaurant, pharmacy / clinic, gift shop, salon, as well as a rooftop terrace, party room, and 2 guest suites. There will also be 2-1 BR discounted units made available to onsite PSWs per floor to provide close attendance to residents as required. To allow access by low income seniors, the JOY concept tenure is based on renewable long term hybrid Life Lease Occupancy Agreements without the large Entrance Fee of typical Life Lease projects, with all residents being nominal Members of the Not for Profit Corporation to maintain the vision in the interests of the residents, all of which is covered by the registered copyright. When specific site locations are established, JOY will be taking Reservation Agreements with refundable $1,000.00 Deposits made to a law firm's trust, which would be rolled into the minimal Entrance Fee when Occupancy Agreements are signed for the individual Units some 3 months prior to Occupancy. " The JOY Living Experience" JOY's vision may be able to help overcome seniors' challenges with : • Dignity • Loneliness • Isolation • Elder abuse • Financial hardship • Relieving children of caregiving requirements • Absence of a Sense of Place and personal space • A sense of belonging • Maintaining a measure of self independence • Absence of close Community of peers and real 'friends' in the digital age 3 Page 695 of 751 • Self worth to cultivate generosity and richness in your life and others • Self improvement ( online courses and classes) • Social Activities, Fitness and Entertainment • Cooking and maintaining a healthy daily diet • Cleaning • Weeding gardens and mowing lawns • Snow clearing and ice hazards • Transportation • Medication and hygiene management if required • Peace of mind These are not Retirement Homes or Long Term Care facilities but adult lifestyle tastefully furnished apartments for low income seniors and will have added services designed and available if and when required. Although we are proposing the BGI Concept within urban areas, we believe that the draw radius will allow families to visit that are within a 30 minute drive from their own residence and therefore allow families to consider a difficult move for their parent(s). We know there will be many challenges for us to cooperatively develop JOY Living Communities, but request municipal input to help provide quality housing at lower monthly costs to the senior community. They deserve it for us to collectively try to make them the true 'golden years'.. Many thanks for your early consideration and reply. Rather than hard copies mailed, kindly email all return correspondence direct to: ian@bgigroup.ca Sincerely, The Bridgeton Group Inc. IAN -JONES (e -sign) per: Ian Jones MRICS, Pres. Encl. The JOY Living Experience Developer History Dayspring Adult Lifestyle Community -Brampton ON -700 condos;160 bed LTC; Church; Retail 4 Page 696 of 751 Page 697 of 751 �l J ' mild. I BGI Development Group Real Estate Developers The Development Managers Project Managers Bridgeton Construction Managers Group Property Managers Inc. July 14,2018 " The JOY Living Experience" 1. The Need 2. The Demand 3. The Drawbacks 4. The Solution 5. The Numbers 6. The Strategic 7. The Developer * Current • (Studios $4,000.00/month; • Extra Copyright Government US Library A New Paradigm in Affordable Seniors Rental Accommodation - affordable independent rental units with services available and designed for single seniors, their siblings, and senior couples. - 54,000 on Ontario seniors Waiting List alone - 5-8years. - Price* and lack of needed affordable product. - a Feel Good 'JOYful' lifestyle Story... - from $1300/mo -furnished - 2 meals daily and onsite PSWs. Growth Plan - each community draw area of 30,000pop. - 55 years experience delivering large scale projects. 'Together, we will make this happen ' Typical Toronto model of Independent Living with basic services: from $3,000.00/month; alcoves from $4,000.00/month; 1 -bedroom from 2 -bedroom from $6,000.00/month) cost for 2nd person sharing suite ($700.00/month protected - of Canada, ( file 1147907 ) and of Congress ( file 1-6714266701) The Bridgeton Group Inc. - www.bgigroup.ca - Toronto Page 697 of 751 Ian B. Jones - Based in Toronto, Canada, and Dallas USA • President of the BGI Group - Full Service Real Estate Developers, Toronto, Canada and BGI USA - www.bgigroup.ca • Registered Member Royal Institution of Chartered Surveyors (RICS) based in London UK - RICS has 110,000 Property Professionals Worldwide Graduate: Ryerson University (4 yrs nights) Toronto - Quantity Surveying I, II, and III Graduate: George Brown College (4 yrs nights) - Surveying; Construction Estimating; Engineering; Arbitration & Law • 50 years direct and continuous experience in large scale Construction, Design, and Development - 5 years large General Contractors - Cost Control and Contract management - 4 years major Architectural firm - Cost Control and Contract management - 6 years major Construction Management firms -Contracts Manager and VP - 35 years - as Principal of Full Service Real Estate Development firm as President directing and overviewing all staff and roles in the following: - Land - Planning & Design - Sales & Marketing - Legal & Financial Construction Asset Management • Major role or Principal in delivering 23Mil.SF / $9Bil.of projects including: - 1. Hotels (4/5 star - Westin / Hilton / Hyatt ) - 2. Office Buildings & Mixed Use incl. Retail - 3. Residential Condos (incl. Adult Lifestyle) - 4. Healthcare ( Hospitals / Pharma Labs / Pharma Plants ) - 5. Institutional ( Churches / University Buildings / Student Housing) - 6. Industrial (Float Glass Plant / Nickel Mine Refinery & Smelter) - 7. Plus - In House Planning and Design ( see BGI / Ian Jones detailed 50 year Project History Pictorial document for complete list - http://Inkd.in/MK3R3Z ) Feb. 18, 2017 Page 698 of 751 IAN JONES MRICS - PRESIDENT - BGI GROUP Ian Jones Prolecl History- Hi Rise and Mid t Low Rise . Massive Protects HI RISE Aug.8,2016 IPD . PRE- DEVELOPMENT Ba BUILT 'I Plus 15 U!G Parking levels; ITEM PROJECT `Sq. Ft. TYPE FL4O1 YEAR 2015 $$ PISF 2015 COMPANY I JONES FUNCTION PDie 1 Gumar Mining FID 123.990 Offoe HC 14 1984 30 750,000 0250 M^Namara GC GC EMinato' 8 2 iJ d Toronto Blain Uorary 1,040,000 Maln L8rany 16 196$, 404,909.000 8400 M&H AralteC1s, Atcn,Onfrle OS'Co1lr,gdmin. 8 3Toronto Ging Hosp. 470000 Eaton Wing 15 1160, 200.000,900 8425 Md11Ai.,211 ts, HO G5+ConlraclsAdmin 8 d TGR Master Plan 6000,000 varies up la 24 1916+ 9.000,000.000 0500 M81 -I korteots. HO OS +Contracts Adrrin PD, B 5 St. Michael's Hospital 860,000 varies 10;016 1974+ 434000,020 0500 FISH Arohgears. HO O5+Contracts Adnan PD! B 6 RCMP HO • Toronto 132,090 nowflotal 15 1871 32,024.400 $309 M8H Ardiikitct5. H0 OS +Conhacrs Aar* 8 7 Wsatin Prince • 229 keys 303,630.4' hotel 2t 1972 106.900.000 0350 Concordia CM. due Conlracls Manager 8 6 Hilton Toronto 463 keys 377.920 4' 1.1o1®1 31 1274 142,000,006 5375 Concordia Ch1- onsite Centrads Manager 8 9 Sheraton Immo 14504o 689,002 4' Hotel 43 1975 Maoolkable .e.appticabla W4o&ooIr CM VPres • Clam Art#alol B 12 1331 gay 51. 50,000 Pes,r0lhoe 10 1983 34,000,400 5900 BGI Oeveiopmanl Preskdent. all r, rcllons" 8 11 Toro0o Showman Cer[re 440,400 Hote11055 os 20 1948-40 154.000.000 $354 BG1I)elrelop,+JV President.- all lunaioes" e 12 Markham Contke MAN 600 Condos 12 1987 175.000,000 0250 BGI Deveioprnenl Pteaidenl.- all fundians" P2 i B 18 Victoria Park Gdns 350,000 226 Condos 29 1909 507,540,286 5250 BG1 C1evaloprtoenl Ptesidenl.• all functions" PD 14 Village Parc 204.090 154 codd% 16 1991.33 050,000.600 3250 BGI Uev910pree01 P461Mlent all rundinna" e 15 Vile PartPh.2 169.020 A5 condos 13 1992 025,006.909 5250 9Gldevdopmant President all functions" PI) 16 i}ayspring 1,069,022 70C tondos 5 la 12 95.2162 $275,400,046 52751svge BGl Oevmopiinarll Presdenr. all lunchoes" 8209 PSP 17 Abia-Dallas 6001100 Coodias&Hole 14 2015-73180000,060 0300 BGICtovel6Pmer4 President.. all0ntioes' PO 18A0aAlvin -P4Aas 360.000300anti 30 2004 $39,400.900 $275 BG1Pevmlgpnlanl Preskknt.-allrtlnolons" P2 10 Gollingorp%sgrlGondo5 360.000300omen 0 2027 099,409,002 0215 BGlDevelopmmenl Preadent.-allOrrgliorls" P6 20 Pigeon Forge Melf]Cvnd0s 509,1100 322i 209kef 8 2007 5137,500,000 5275 BGI Dm01oprrrenl P esitlenl: all funeligns" P6 Total HI Rise 04,615,000 OF 15,652,760,0O0 •1P1es 1.5.1.1:G Parklaq levsl$} "PresIdenl-ell bund)! - Cnnduc! araveNiew Lead Aoges. 8 AppravaFs; Planning 8 Design; Sales 6 Marketing; Legal; Fna"erel• CenalrucEian: Property Management Page 1 BGI Group — Toronto www.bgigroup.ca Page 699 of 751 IAN JONES MRICS - PRESIDENT - BGI GROUP BGI Group - Toronto www.bgigroup.ca Page 700 of 751 MID/ LOW RISE - Including Io1ASSIVE PD = PRE- DEVELOPMENT B= BUILT (start dates) ITEM _ PROJECT 'Sq. Ft. TYPE FLRS YEAR 2015 55 PISF 2015 COMPANY I JONES FUNCTION PD/B 1 Church of the Annunciation 40,000 Institutional 1 1963 910,000,000 5250 McNamara GC GC Estimator 9 2 U of Waterloo Biology 75,000 Institutional 3 1963 923,000,000 9306 McNamara GC GC Estimator 9 3 UIC Office Bldg. 111,000 Office 8 1964 533,000,000 5300 McNamara GC GC Estimator 9 4 School for the Deaf 245,000 Institutional 1 1964 573,500,000 5300 McNamara GC GC Estimator 9 5 Subway Yards -Toronto 232,000 Industrial 1 1964 392,800,000 9400 McNamara GC GC Estimator 6 6 Highway 25 Tunnel-Monte1,875,000 Industrial 1 1964 5950,000,000 5500 McNamara GC GC Estimator 9 7 Trent University 400,000 Institutional 4 1965 3140,000,000 5350 Foundation Co. GC GC Site Quantity Surveyor 6 8 Pikington Glass Plant 300,000 Industrial 1 1966 3120,000,000 5400 Foundation Co. GC GC Ste Quantity Surveyor 6 9 Inco Mining -Manitoba 500,000 Industrial 1 1967 5200,000,000 9400 Foundation Co. GC GC Ste Quantity Surveyor 6 10 Office Bldg -Calgary 70,000 Office 8 1968 521,000,000 5300 Foundation Co. GC GC Site Quantity Surveyor B 11 NY School Board Office 80,000 lnstautional 6 1968 524,000,000 9300 M&H Architects. HQ QS l Contracts Admin. 9 12 Guelph UScience Bklg 22,000 Institutional 1 1968 56,600,000 5300 951 Architects. HQ QS / Contracts Admin. 9 13 U of Waterloo Faculty 30,000 Institutional 3 1969 59,000,000 9300 M&H Architects. HQ QSl Contracts Admin. B 14 Seneca College-Renov. 20,000 Institutional 1 1969 44,000,000 9200 951 Architects. HQ QS / Contracts Admin. 6 15 Sl.John's Hospital 100,000 Institutional 1 1971 940,000,000 5400 M&H Architects. HQ QSf Contracts Admin. 6 16 Queens Uni-Miller Hall 34,000 Institutional 3 1971 911,900,000 $350 M&H Architects. HQ QSf Contracts Admin. 9 17 Queens Uni-Mining Bldg. 106,000 Institutional 7 1971 931,800,000 9300 M&H Architects. HQ QSI Contracts Admin. 9 18 Lyndhurst Hospital 94,000 Institutional 1 1972 537,600,000 9400 M&H Architects. HQ QS f Contracts Admin. 6 19 U of Waterloo Athletic 75,000 Institutional 3 1972 522,500,000 5300 M&H Architects. HQ QS f Contracts Admin. 9 20 Guelph U -Lab animal 250,000 Institutional 3 1972 5100,000,000 5400 95H Architects. HQ QS/ Contracts Admin. 9 21 Queens Uni-Engineering 70,000 Institutional 4 1972 521,000,000 9300 651 Architects. HQ QSI Contracts Admin. 9 22 Campbells Mushroom Plant 100,000 Industrial 1 1972 520,000,000 5200 9501 Architects. HQ QSI Contracts Admin. 9 23 Centennial CoII.Campus 1 136,000 Institutional 1 1972 940,800,000 9300 Concorde CM Contracts Manager -Ste 9 24 Centennial Coll.Campus 2 315,000 Institutional 1 1972 994,500,000 9300 Concordia CM Contracts Manager Site 9 25 Humber College 145,000 Institutional 2 1974 943,500,000 $300 Woodcock CM HQ QS/ ContractsManager 6 26 Niagara College 81,000 Institutional 3 1974 924,300,000 9300 Woodcock CM HQ QS / ContractsManager 9 27 St. FrancisU-Nova Scotia 35,000 Institutional 2 1974 910,500,000 5300 Woodcock CM HQ QSIContractsManager 6 28 Rotary Laughlen -Toronto 100,000 Retirement 6 1974 530,000,000 5300 Woodcock CM HQ QSIContractsManager 9 29 Feed Mill -Nova Scotia 40,000 Industrial 1 1975 510,000,000 5250 Woodcock CM HQ QS/ContractsManager 9 30 Feed Mill -5t. Mary's ON 40,000 Industrial 1 1976 510,000,000 5250 Woodcock CM HQ QSIContractsManager 8 31 Eli Lily Plant and Offices 80,000 Pharma 1 1977 536,000,000 9450 Woodcock CM VP I ContractsManager 9 i 32 Hamiton Library 90,000 Institutional 5 1977 940,500,000 9450 Woodcock CM VPIContractsManager 9 33 Rosedale Court 20,000 RetaiVOffice 2 1978 15,000,000 9250 BGI Development President.- all functions" PD 34 Dunnville Commercial Bldg. 15,000 Retail 2 1978 93,750,000 9250 BGI Development President.- all functions" PD _ 35 Yonge Walker Place 50,000 RetaVOffice 5 1980 915,000,000 $300 BGI Development President.- all functions" 6 _ 36 Guiklwood Condos 360,000 Residential 8 1980 590,060,000 5300 BGI Development President.- all functions" PDIB _ 37 Balmoral Manor 45000 Retirement 4 1981 915,750,000 $350 BGI Development President.- all functions" PD18 38 2100 Blor St W Toronto 350,000 Residential 8 1981 9105,000,000 $300 BGI Development President.- all functions" PD/6 _ 39 St James Cathedral Centre 40,000 Institutional 3 2012 118,000,000 $450 BGI Development President.- all functions" 9 40 Lakeview Vilage 450,000 Residential 6 2015 9112,500,000 9250 BGI Development President.- all functions" PD 41 The Matra 285,000 Stud.Hoasin 6 2015 978,375,000 9275 BGI Development President.- all functions" PO 42 Carriage Homes of Maple 95,000 Residential 3 2015 928,500,000 9300 BGI Development President.- all functions" PD 43 KCI I West Gate Campus 560,000 Moved Use 5 2015-16 9162,500,000 9325 BGI Development President.- all functions" PD 44 Springwater Village 450,000 Retirement 6 2016 5112,500,000 9250 BGI Development President.- all functions" PO 45 Meaford Haven 400,000 Retirement 6 2016 590.000,000 9225 BGI Development President: all functions" PO 'Total Midlow Rise,' Mas 8,496,000 SF 63,153,175,000 GRARDTDTAL5 23.111,900 SF $8,805,925,0001 "President -all functions = Conduct or Overview Land Acquis. &Approvals; Planning & Design; Sales & Marketing; Legal; Financial; Construction; Property Management. BGI Group - Toronto www.bgigroup.ca Page 700 of 751 Page 701 of 751 Page 702 of 751 "J cjjama Party" In Loving Memory Of Matthew `gazoo' Daniele Saturday November 3rd, 2018 John -Michael's Banquet 8r Conference Centre Antipasto Buffet 6: OOp. m. Dinner to follow Featuring John Michael's Signature New York Style Antipasto Buffet: Assorted Italian breads, rolls and focaccia, bruschetta crostini, giardniere vegetables, roasted red peppers, marinated artichokzes, cured Italian olives, marinated wild mushrooms, sliced tomato and goat's cheese salad, caprese salad, Artisinal meats & imported cheese presentations, jumbo shrimp cochtail, marinated seafood salad, signature wild mushroom risotto, gemelli pasta pomodorro, gemelli primavera, and a mixed grill platter. Following the delicious antipasto buffet, we will be serving the main course featuring roasted Italian sausage, herbed chichen breast, sliced NY striploin, herb roasted potatoes, spring mix baby greens. Individual dessert will be a fall festive apple caramel torte with coffee & tea service. At 11:OOp.m, there will be pizza, along with a candy bar and other late night snaths. Tickets - $50.00 per person Tables of 8, 10 or 14 **DRESS CODE IN EFFECT -PRIZES FOR BEST DRESSED!** *Raffle Prizes - Silent Auction - 5o/5o - Wine Pull* To purchase tickets or for more information, please call or e-mail: Mike 905-380-6453 Bruna 905-988-7019 Chris 905-988-6615 mdaniele5@sympatico.ca bdanie1e19@bell.net cdaniele@niagarafalls.ca **Any business/family/individual that may be interested in supporting us by donating a prize or wine , please contact us at your convenience!** All proceeds go to the Matthew Daniele Memorial Fund Page 703 of 751 CARP Office of the City Clerk, City of Niagara Falls October 23, 2018 Mayor and Members of Council First, congratulations to Mayor Jim Diodati on winning the election and the cancer battle. Well done. On behalf of our more than 6000 Niagara members, 600 are citizens of the City of Niagara Falls, the executive board of CARP Niagara Chapter 31 would like to participate in an advisory role as part of an Age -Friendly Niagara Falls Citizens Advisory Committee. There is a global movement towards Age -Friendly community planning, and Niagara Falls is making good progress toward this goal. There is an unprecedented opportunity for political and community champions to take up the Age - Friendly cause. It is very important to develop municipal strategies that serve intergenerational needs and community development for all ages. An aging population: • Approximately 37% of the Niagara population is 55+, compared to 30% for the rest of Canada • Most of today's older adults are well and active, healthier and living longer to unprecedented levels, all of which provides for great opportunities • Older adults make up the bulk of the volunteer corps in many local community organizations • Baby Boomers control the bulk of wealth and spending; they spend 66% more on goods and services than millennial households • Many Canadians are now electing to "Age in Place" in their current home and community. Aging in place requires communities to be developed as "Age -Friendly". Planning for Age -Friendly communities provides benefits for all (ages) • Up to 16% of older adults in Canada experience social isolation. We know that city council is supportive of ideas that make this community unique in Ontario. We note the City has not received a provincial award, Ontario Age -Friendly Community recognition but partnering with CARP Niagara, Age Friendly Niagara and City Council the efforts will be rewarded. Age -Friendly cities view city development through a lens of what makes this city thrive, stay vibrant and relevant to all its citizens. It is not just a Parks and Recreation program but a planning tool that includes the World Health Organization's relevant domains. These domains can enhance the quality of life as Canadians age. CARP Niagara is ready to work with the City of Niagara Falls and be part of a process that researches and recommends a vision that improves the quality of life for Canadians as they age. We would encourage a member of CARP Niagara be part of the Age -Friendly initiatives by having a seat on an Older Adult Advisory committee. Alternatively a CARP member added to the Mayor's Advisory committee that should be formed to bring Niagara Falls into the fold within Niagara and see the implementation of the great work achieved by the NAFCI report. To be an example of an age -friendly City, we strongly encourage and invite the city to move forward on this initiative for the benefit of all its citizens, a city and a region for all ages. Sincerely, John Meguerian President, CARP Niagara Chapter 31 niagara@carp.ca 905-931-3863 Page 704 of 751 Teresa Fabbro From: Mathew Bilodeau Sent: Wednesday, November 07, 2018 10:57 AM To: Bill Matson; Teresa Fabbro Cc: Carla Stout Subject: RE: Project SHARE - North vs. South challenge Thanks Bill. I will provide a memo with the estimated costs. Regards, -Mathew Mathew Bilodeau, C.E.T. 1 Manager of Transportation Engineering 1 Transportation Services 1 City of Niagara Falls 8208 Heartland Forest Road 1 Niagara Falls, ON L2H OL7 1 (905) 356-7521 ext 5204 1 Fax 905-356-5576 1 mbilodeau(a�niaoarafalls.ca From: Bill Matson Sent: Wednesday, November 07, 2018 10:47 AM To: Teresa Fabbro Cc: Mathew Bilodeau Subject: FW: Project SHARE - North vs. South challenge Teresa, Please add this in as another Communications item for Nov. 13th meeting. Project Share is requesting the use of 3 City buses and waiver of fees on December 1st and 2nd for their annual North vs. South Canadian Tire & Food Basics Challenge From: Carla Stout Sent: Monday, November 05, 2018 12:30 PM To: Bill Matson Cc: Ken Todd; Karl Dren; 'Adam Warriner' Subject: FW: Project SHARE - North vs. South challenge As per direction from the CAO's office to Transit Services — please include this request of Council on their upcoming meeting agenda of November 13, 2018. Regards, Carla Stout Carla Stout, DPA 1 Manager of Transit Operations 1 Transportation Services 1 City of Niagara Falls 8208 Heartland Forest Road 1 Niagara Falls, ON L2H OL7 1 (905) 356-7521 ext 4531 1 Fax 905-356-5576 1 cstout@niagarafalls.ca From: Adam Warriner [mailto:events@projectshare.ca] Sent: Tuesday, October 30, 2018 11:54 AM To: Carla Stout 1 Page 705 of 751 Cc: Karl Dren; Ken Todd; Gord Ker; Chris Russell Subject: Project SHARE - North vs. South challenge Hello everyone, It's that time of year again! I would like to request the buses for our North vs. South challenge at this time. Please see the attached letter. I will put in a request for our Good News Breakfast Challenge collection soon as well. Thank you all so much for your participation in these events. You are absolutely crucial in the ongoing success of these important fundraisers for Project SHARE. Sincerely, Adam Warriner Events and Fundraising Coordinator Project SHARE 2-4129 Stanley Ave, Niagara Falls, ON, L2E 7H3 905-357-5121 ext 33 Fax: 905-357-0143 Project SHARE Our Community At Work events@projectshare.ca www.projectshare.ca Follow us on Facebook & Twitter {. PT4Jet1 SHARE d• {cy,nnninirr Ar world GOOD NEWS Breakfast 2 Page 706 of 751 Teresa Fabbro To: Subject: Mathew Bilodeau RE: Project SHARE - North vs. South challenge From: Mathew Bilodeau Sent: Wednesday, November 07, 2018 11:54 AM To: Bill Matson; Teresa Fabbro Cc: Karl Dren; Carla Stout Subject: RE: Project SHARE - North vs. South challenge Hi Bill and Teresa, The estimated cost to provide this service is approximately $6,000. Thanks, -Mat Mathew Bilodeau, C.E.T. 1 Manager of Transportation Engineering 1 Transportation Services 1 City of Niagara Falls 8208 Heartland Forest Road 1 Niagara Falls, ON L2H OL7 1 (905) 356-7521 ext 5204 1 Fax 905-356-5576 1 mbilodeau(a�niagarafalls.ca 1 Page 707 of 751 Teresa Fabbro From: Bill Matson Sent: Wednesday, November 07, 2018 12:31 PM To: Teresa Fabbro Subject: FW: Letter of Municipal Significance Communications Item. Girls Night Out, sponsored by Positive Living Niagara: This special event will be taking place on Saturday November 24, 2018 "Cat and Monkey Events", 4548 Queen Street. The event is expecting to attract 50 to 70 guests in an effort to support the LGBT community. The request of Council is to recognize the evening as a public event of municipal significance in order to obtain a Special Occasion Liquor Licence from the AGCO. RECOMMENDATION: For the Consideration of Council From: facchin@gmail.com [mailto:facchin@gmail.com] On Behalf Of Cat and Monkey Events Sent: Tuesday, November 06, 2018 7:45 PM To: Bill Matson Subject: Letter of Municipal Significance Good afternoon Bill, My name is Kristina Facchin and I am one of the owners of Cat and Monkey Events on Queen Street. My business partner and I have recently spoken with the AGCO in regards to a special events permit for an event we are having November 24th, 2018. They have informed us that we need to reach out to the city clerks office and get a letter approving this, which in turn will grant us a special event permit from the AGCO. The event we are having will be November 24th, 2018 at our shop, 4548 Queen Street, Cat and Monkey Events. This event will be hosting anywhere between 50 to 70 people that evening. We believe that with hosting events at our establishment, we will attract more people to the downtown core of Niagara Falls, which in turn will create more people to visit the downtown area. More people will bring more business for all of our neighbors around us. The event we are hosting is called Girls Night out, sponsored by Positive Living Niagara, and helping the LGBT community. The evening will be filled with dance performances by Wicked Distraction, a short dance teaching class and much more. The hours of the event will be from 7pm to 11 pm. We are reaching out to the city so that we may be granted this letter of Municipal Significance so that we can go to the AGCO and get a special event permit to sell and serve beer and wine. Your help and assistance in this matter is greatly appreciated. Thank you, Kristina Facchin and Chrisitne Thagard Cat and Monkey Events 1 Page 708 of 751 N IAGARA Al PORT gateway to the peninsula Niagara District Airport Commission 468 Niagara Stone Road Niagara -on -the -Lake, ON LOS 1J0 905-684-7447 City of Niagara Falls PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Bill Matson, As per the Niagara District Airport Commission meeting of September 20, 2018, and the Commission report attached (NDA - #05-2018), please be advised that the Commission is requesting approval for moving forward with Crawford, Smith & Swallow as the external auditor of record for a period of one additional year. Please consider this correspondence as notification of the Commission's intention for 2018. I would ask that notification of the approval of this request be provided, given the inclusion of this clause in the municipal operating agreement. Dan Pilon Niagara District Airport CEO Page 709 of 751 /41-v NIAGARA AIRPORT REPORT TO: Niagara District Airport Commission DATE: September 20, 2018 SUBJECT: External Auditor -2018 Fiscal Year REPORT#05-2018 RECOMMENDATION • That Crawford, Smith & Swallow (CSS) be retained as the Niagara District Airport's (NDA) external auditor on a provisional basis for the 2018 fiscal year • That, given the requirements for the appointed auditor in the municipal agreement, approval for this temporary direction be sought from the municipal councils of the City of St. Catharines, City of Niagara Falls, and Town of Niagara -on -the -Lake EXECUTIVE SUMMARY • The municipal agreement that governs the operations of the NDA includes a clause that identified the appointed external auditor as the same auditor responsible for audit functions of the municipality that provides the largest share of the expenses of the NDA. • That auditor, CSS, has identified to the City of St. Catharines that they will not be able to continue as their auditor in 2018 and beyond. • NDA is requesting a one-year engagement continue, on a provisional basis, with CSS, given the short notice that has been provided, and additionally the lack of organizational history that currently exists from a budgetary perspective at the NDA. BACKGROUND • CSS requested to the City of St. Catharines that they be released from the remaining two years of their existing contract given that they no longer have the resources available to continue to complete the City's audits and meet their timelines. • CSS has been the external auditor of record for the City of St. Catharines for the last 23 years. • External audit services provided for the NDA are resourced out of the Niagara Falls office of CSS, not the St. Catharines office, which is the office that resources the external audit for the City of St. Catharines. REPORT • The municipal agreement that governs operations of the NDA includes clause #13, which states that; Page 710 of 751 "The Commission shall appoint an auditor of the municipality that is responsible for the largest share of the expenses of the local board at the first meeting of the Commission in each year, and a copy of the auditor's statement shall be sent to the Clerk of each of the party municipalities forthwith after it has been prepared." • Given resources involved in the transition to a new auditor, and the lack of organizational history in staff positions at this point, the NDA would be best served by maintaining the existing external auditor for a further year, before then reverting back to adherence to the municipal agreement provisions for 2019. • With the inclusion of this clause in the municipal agreement, all three of the member municipalities would need to approve of this transitional arrangement with CSS. Should this report be approved, we would forward this report to the Clerk's of all three municipalities, and request their approval. • The Director of Financial Services/City Treasurer at the City of St. Catharines has indicated that they have no objection to this request under the current circumstances. The City will provide the Niagara District Airport Commission (NDAC) with the results of the City's RFP for audit services. This will enable the NDAC to resume existing policy after the 2018 audit year. BUSINESS IMPLICATIONS • This agreement would allow for a continuity of business operations, and reduce the resource requirements for staff in supporting the external audit for the 2018 fiscal year. • Would have no impact on the cost associated with the 2018 external audit. RELATIONSHIP TO STRATEGIC PLAN • Meets the NDA core values of "Fiscal Responsibility" in continuing to ensure the maintenance of appropriate financial controls and transparency, and leveraging the most appropriate use of resources for 2018. COMMUNICATIONS • Report #05-2018 would need to be forwarded, along with a covering memorandum, to the Clerk's of the three municipal members of the NDAC, requesting approval of the recommendation. • NDA staff has met with CSS staff and identified that are prepared, resourced and willing to provide external audit services for the NDA in 2018. CSS staff was well aware of the existing clause in the municipal agreement. PREPARED & SUBMITTED BY D,C3Z Daniel Pilon, Chief Executive Officer Page 711 of 751 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to designate a portion of the property known as 2358 Portage Road, also known as "The Halfway" being a part of PIN 64274-0307 (LT) and being further described as Part of Township Lot 24 Stamford designated as Part 1 & 2 on 59R16232; the City of Niagara Falls, to be of cultural heritage value and interest. WHEREAS the Ontario Heritage Act, R.S.O. 1990, Part IV, section 29, authorizes the Council of a municipality to enact by-laws to designate real property, including all buildings and/or structures thereon, within the municipality, to be of cultural heritage value or interest; AND WHEREAS The Corporation of the City of Niagara Falls has caused to be served upon the owner(s) of the property, as described in Schedule "A" hereto, and upon the Ontario Heritage Trust, notice of intention to designate the property on August 20, 2018 and has caused such notice of intention to designate to be published in The Niagara Falls Review, a newspaper having general circulation in the municipality, on August 18, 2018; AND WHEREAS the reasons for designation are set out as Schedule "B" hereto; AND WHEREAS no objections to Council's Notice of Intention to Designate were received by the City Clerk; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The property, more particularly described in Schedule "A" hereto, known as 2358 Portage Road, is hereby designated to be of cultural heritage value and interest. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule "A" hereto in the proper Land Registry Office. 3. The City Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner(s) of the property and upon the Ontario Heritage Trust, and to cause notice of this by-law to be published in a newspaper having general circulation in the City of Niagara Falls. Passed this thirteenth day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading Second Reading Third Reading November 13, 2018 November 13, 2018 November 13, 2018 Page 712 of 751 SCHEDULE "A" Part of Township Lot 24 Stamford designated as Part 1 & 2, on 59R16232; City of Niagara Falls being part of PIN 64274-307 (LT) Page 713 of 751 SCHEDULE "B" REASONS FOR DESIGNATION The property, locally known as the "halfway" is located on the south west corner of Portage Road and Stanley Ave. The property contains three buildings and one underground cold cellar type structure. The property is known locally as 'the halfway' for it was a halfway point used during the operation of a horse drawn railway. The railway ran from Queenston Dock area to Chippawa. The intersection of Stanley Avenue and Portage Road was a halfway point where the horses used to draw the cars up the escarpment from Queenston would be changed for a fresh team of horses to continue the journey to Chippawa. A small settlement grew around the intersection, including a tavern, called The Halfway House, a bakery, a general store and a blacksmith's shop. The house on the property is dated c. 1895 and appears to be of later construction than the stone structure that is the subject of this designation. This conclusion has been made due to the fact that the stone foundation of the house is a later type of construction that the stone building as well as its setting is at a slightly different angle than the setting of the stone structure. The other structure on the property is a wood frame building that may have been a blacksmith's shop and was later used as a garage. THE STONE BUILDING Building measures approximately 6.4 m x 4.4 m =28.1 m2 (300 ft2) and has a low pitched gable roof. The roof is covered with modern asphalt shingles. It is unknown what the original covering may have been. There are two windows on the sides of the building which are the longest portions of the building. The windows are centred in the side walls and each have limestone lintels and sills, the same as the single door that is set in the end wall, slightly off -set of centre. The walls of the building are rough -cut stone. The building is set slightly into the ground as evidenced by the step down to the floor of the structure. The interior floor is concrete. Page 714 of 751 On the inside rear wall there are two holes in the wall. These look as though they were used for chimneys at various times. Photos taken of the interior of the chimneys show them as unobstructed. The ceiling of the building is made of wood strips approx. 2"-3" in width. The gable roof of the building is not reflected in this flat ceiling. The interior walls have been coated in a plaster type material, which has been removed in some portions and exposes brick and also stone. A similar small stone building has been researched in the Town of Oakville and it has been discovered that the building was called a stone dairy and from photos of the interior of this building, it seems very similar in construction and interior condition. The white plaster walls and two round chimney or vents are found in the rear wall. This building was said to have been used for the production of butter, which due to its propensity to absorb odours, necessitated its own separate structure to make and store the butter. The stone used in the building is limestone, likely quarried from the Queenston Quarry, just a short distance north on Stanley Avenue. The stone has scars through it, evidence of how it was quarried, likely in the late 1800's. There are other properties in the city that have buildings that have been called `smoke houses' and it could be that this is a building that was used for that purpose. Over time, this building may have had many uses and there does not appear to be any one definitive feature that points to its exact use. Jon Jouppien, a local, noted Conservationist, restoration expert and stone mason, has described the stone as being "laid in a random rubble coursing with often only one face dressed to give the appearance of regularity in cut stone blocks (ashlar). The lime mortar has deteriorated significantly on all sides of the building. Mr. Jouppien has suggested that the building may have been originally used as a powder magazine for the storing of explosives for the nearby Queenston Quarry. The solid stone construction with a loosely framed roof meant to allow the release of expanding gases in the event of an explosion; its proximity to the quarry without being on-site; its low framed door opening and apparent changes to the window openings over time, indicating they are later, all of which he feels strongly imply the storage of black powder. Page 715 of 751 There are other properties in the City that have small stone buildings called smoke houses , which were used for the hanging and smoking of meat. The smoke house would not have evidence of a chimney as the smoke was intended to remain in the building for as long as possible with the smoke dissipating through the roof. There does not appear to be any evidence of soot to support the idea that this building was used as a powder magazine, or open rafters with evidence of hooks to support the functions of a smoke house, nor an earthen floor to support the idea of an ice house. HERITAGE ATTRIBUTES Key features that embody the heritage value and are important to the preservation of the stone structure at 2358 Portage Road include the following heritage attributes: • Single storey stone building set slightly into the ground • Stone laid in random rubble coursing • Low pitched gable roof • Window on each side • Doorway opening on north side • Limestone lintels • Prominent setting corner of Portage Road and Stanley Ave • Association with use of property as `halfway' point for exchange of horses used in the Erie & Ontario Railroad. Page 716 of 751 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 79-200, to permit an apartment building and townhouse dwellings on the Lands and to repeal By-law No. 2008-83 (AM -2017-010). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in a R5C zone (b) A townhouse dwelling containing not more than 8 dwelling units (c) Group dwellings, provided that no townhouse dwelling in the group dwellings contains more than 8 dwelling units 5. The regulations governing the permitted uses shall be: (a) Deemed lot (b) Minimum lot area (c) Minimum front yard depth (d) Minimum rear yard depth the whole of Lands shall be considered one lot 88 square metres for each dwelling unit 5.5 metres plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (i) for an apartment dwelling 105 metres Page 717 of 751 2 (ii) for a townhouse dwelling (e) Minimum interior side yard width (i) for an apartment dwelling (ii) for a townhouse dwelling Maximum lot coverage (f) (g) Maximum height of building or structure (i) for an apartment dwelling (ii) for an townhouse dwelling (h) Minimum number of parking spaces (i) for an apartment dwelling (ii) for a townhouse dwelling Minimum landscaped open space Minimum privacy yard for each townhouse dwelling unit, as measured from the exterior rear wall of every dwelling unit 6.4 metres 6.5 metres 4 metres 34% 31 metres or 8 storeys, whichever is lesser, subject to section 4.7 of By-law No. 79-200 10 metres, subject to section 4.7 of By-law No. 79-200 1.4 spaces per dwelling unit 1.4 spaces per dwelling unit, which may be provided in tandem 39% of the lot area 6.4 metres (k) The balance of regulations specified for a R5C use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. Page 718 of 751 3 9. The provisions of this by-law shall be shown on Sheets C5, C6, D5 and D6 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from R5C and numbered 819 to R5C and numbered 1079. 10. Section 19 of By-law No. 79-200 is amended by noting that section 19.1.819 is repealed by By-law No. 2018- and adding thereto: 19.1.1079 Refer to By-law No. 2018- 11. By-law No. 2008-83 is repealed. Passed this thirteenth day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 13, 2018 Second Reading: November 13, 2018 Third Reading: November 13, 2018 S:\ZON I NG\AMS\2017\By-laws\Byam010.docx Page 719 of 751 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to provide for the adoption of Amendment No. 131 to the City of Niagara Falls Official Plan (AM -2017-010). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 131 to the City of Niagara Falls Official Plan is hereby adopted. Passed this thirteenth day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 13, 2018 Second Reading: November 13, 2018 Third Reading: November 13, 2018 S:\OFFICIAL.PLN\AMEND\#131-Land Ridge Developments\BYLAW_131.docx Page 720 of 751 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 131 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE Schedule "A" to the Official Plan - Future Land Use, is hereby amended by redesignating the lands identified on Map 1 attached hereto, and forming part of the amendment, from Tourist Commercial to Residential and identified as Special Policy Area "74". 2. TEXT CHANGE PART 2, SECTION 13 - SPECIAL POLICY AREAS is hereby amended by adding the following subsection: 13.74 SPECIAL POLICY AREA "74" Special Policy Area "74" applies to 1.5 hectares of land on the south side of Marineland Parkway, opposite Ailanthus Avenue. Notwithstanding the policies of Part 1, Section 3.7 — McLeod Road Intensification Corridor, the land may be developed for an apartment building, up to 8 storeys in height, and townhouse dwellings and the maximum density shall be 112 units per hectare. 13.74.1 To maximize the amount of open space available to residents, structured or underground parking is to be integrated with the apartment building. In addition the apartment building is to be located in a manner to minimize shadowing impacts on adjacent residential uses. 13.74.2 To ensure land use compatibility with nearby industries, appropriate mitigation measures, as determined through land use compatibility studies, shall be incorporated into the implementing zoning by-law, plan of subdivision and/or plan of condominium. Page 721 of 751 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 79-200, to permit the development of two apartment dwellings on part of the Lands, to protect a wooded gully on balance of the Lands and to repeal By-law No. 2011-143 (AM -2017-014). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The Lands shall be identified as three parcels, known as Parcels R5B-1076, EPA -1077 and OS. 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel R5B-1076, the uses permitted in a R5B zone (b) For Parcel EPA -1077: (i) Conservation use; (ii) Wildlife management; and (iii) Works of a Conservation Authority (c) For Parcel OS, the uses permitted in an OS zone 6. The regulations governing the permitted uses on Parcel R5B-1076 shall be: (a) Minimum side yard width (i) From the east side lot line 30 metres (ii) From the west side lot line 6 metres (b) Maximum building height 17 metres subject to section 4.7 of By- law No. 79-200 (c) Maximum number of apartment 2 dwellings on one lot (d) Minimum number of parking spaces 1.3 spaces for each dwelling unit (e) Maximum projection of a balcony 0.8 metres into a required yard Page 722 of 751 2 (f) The balance of regulations specified for a R5B use 7. The regulations governing the permitted uses on Parcel EPA -1077 shall be: (a) Buildings and structures No buildings or structures are permitted unless for flood control purposes or sewer infrastructure works in accordance with the regulations of the Conservation Authority having jurisdiction and/or appropriate government agency 8. The regulations governing the permitted uses on Parcel OS shall be the regulations specified for an OS use. 9. For the purposes of this bylaw: "Conservation use" means the use of land and/or water for the purpose of planned management of natural resources. "Works of a Conservation Authority" means projects undertaken by a Conservation Authority to protect or enhance areas under their control. 10. 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. 11. No person shall use the Lands for a use that is not a permitted use. 12. No person shall use the Lands in a manner that is contrary to the regulations. 13. The provisions of this by-law shall be shown on Sheet C2 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from OS and numbered 945, in part, EPA and numbered 947, in part, and OS and numbered 946, in part, to R5B and numbered 1076, in part, EPA and numbered 1077, in part, and OS, in part. 14. Section 19 of By-law No. 79-200 is amended by noting that sections 19.1.945, 19.1.946 and 19.1.947 are repealed by By-law No. 2018 and adding thereto: 19.1.1076 Refer to By-law No. 2018- 19.1.1077 Refer to By-law No. 2018- 15. By-law No. 2011-143 is repealed. Passed this thirteenth day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2018 November 13, 2018 November 13, 2018 S:\ZO N I N GAMS\2017\By-laws\Bya m 014. docx Page 723 of 751 SCHEDULE 1 TO BY-LAW No. 2018 - Subject Land /,// Amending Zoning By-law No. 79-200 Description: Pt Twp Lt 56 Stamford Pt 3, 4, 5, 59R1568; Niagara Falls Pt Twp Lt 56 Stamford As In AA45226 & AA48029; Niagara Falls Applicant: 1006057 Ontario Limited Assessment #: 272504000311200; 272504000216105 K: \GIS_Req uests\2017\Schedule\Zoning\14\ma pping. map 1: NTS AM -2017-014 September 2018 Page 724 of 751 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 79-200, to permit apartment dwellings on the Lands (AM - 2018 -013). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a R5C zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot frontage 69 metres (b) Minimum front yard depth (i) For a porte cochere 0.4 metres (ii) For any other building or 3.5 metres structure (c) Minimum rear yard depth 1.2 metres (d) Minimum side yard width 0.3 metres (e) Maximum lot coverage 42% (f) Maximum height of building or 10 metres subject to structure section 4.7 of By-law No. 79-200 (g) Maximum number of apartment 2 dwellings on one lot Page 725 of 751 2 (h) Minimum number of parking spaces 1.28 spaces for each dwelling unit (i) (j) Minimum landscaped open space 20% of the lot area The balance of regulations specified for a R5C use 6. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by- law and shown hatched and designated R5C(H) and numbered 1078 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall complete the necessary environmental site assessments and shall file a Record of Site Condition with the Ministry of Environment and Climate Change, to the satisfaction of the Regional Municipality of Niagara. 7. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this by-law shall be shown on Sheet B4 of Schedule "A" of By- law No. 79-200 by redesignating the Lands from TC to R5C(H) and numbered 1078. 11. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1078 Refer to By-law No. 2018 - Passed this thirteenth day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 13, 2018 Second Reading: November 13, 2018 Third Reading: November 13, 2018 S:\ZON I NG\AMS\2018\By-laws\Byam013.docx Page 726 of 751 Schedule 1 to By-law No. 2018 - Subject Lands: SPR NG BLOSSOM DR 111111111111111111111111111111111 1111 LUNDY'S LN 70.7m CATALINA ST E \1.5m E -o O z Amending Zoning By-law No. 79-200 Description: Pt Blk B PI 223 Stamford Being Pt 1 On 59R7469; Niagara Falls Applicant: 2351188 Ontario Inc. Assessment #: 272509000673100 K: \GIS_Req u ests\2018\Schedule\Zoning \ 13 \bylaw_AM 2018_ 13. mxd N AM -2018-013 9/4/2018 Page 727 of 751 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law Nos. 395, 1966 and 79-200, to permit a single detached dwelling and to protect a Provincially Significant Wetland on the Lands and to repeal By-law No. 2018-94 (AM -2018-020). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. None of the provisions of By-law No. 395, 1966 shall apply to prevent the Lands from being added to and placed under the control of By-law No. 79-200. 3. The Lands shall be identified as two parcels, known as Parcels R1A-1066 and EPA. 4. 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. 5. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 6. The permitted uses shall be: (a) For Parcel R1A-1066, the uses permitted in an R1A zone (b) For Parcel EPA, the uses permitted in an EPA zone 7. The regulations governing the permitted uses on Parcel R1A-1066 shall be: (a) Minimum lot area 1256 square metres (b) Minimum lot frontage 54 metres (c) Minimum rear yard depth 51 metres (d) Minimum setback of buildings and 1.47 metres structures from the boundary of an EPA zone Page 728 of 751 2 (e) Minimum interior side yard width (i) from the easterly lot line 8.5 metres (ii) from the westerly lot line 22 metres (f) Maximum height of a building 7 metres (g) Minimum landscaped open space 80% (h) Maximum lot coverage 20% (i) The balance of the regulations specified for an R1A use 8. The regulations governing the permitted uses on Parcel EPA shall be the regulations for an EPA use. 9. 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. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this by-law shall be shown on Sheet D7 of Schedule "A" of By-law No. 79-200 by designating the Lands R1A and numbered 1066, in part, and EPA, in part. 13. Section 19 of By-law No. 79-200 is amended by repealing section 19.1.1066 and adding thereto: 19.1.1066 Refer to By-law No. 2018-_ 14. By-law No. 2018-94 is repealed. Passed this thirteenth day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2018 November 13, 2018 November 13, 2018 S:\ZON I NGW MS\2018\By-laws\Byam020.docx Page 729 of 751 SCHEDULE 1 TO BY-LAW No. 2018 - Subject Land: /1/ Amending Zoning By-law No. 79-200 Description: PT LT 3, CON BROKEN FRONT WELLAND RIVER WILLOUGHBY AS IN R0740509 EXCEPT PT 1, 59R15392; CITY OF NIAGARA FALLS N PT LT 3 CON BROKEN FRONT WELLAND RIVER WILLOUGHBY DESIGNATED AS PT 4, 5 & 6, 59R15392; SUBJECT TO AN EASEMENT IN GROSS OVER PT 5, 59R15392 AS IN SN522844; CITY OF NIAGARA FALLS Applicant: City of Niagara Falls Assessment #: 272513000303800; 272513000303600 AM -2018-020 K:\GIS_Requests\2018\ Schedule\Zoning\20\mapping.map November 2018 Page 730 of 751 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to designate Lot 67, Registered Plan 59M-447, not be subject to part -lot control (PLC -2018-005). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part -lot control, not be subject to such part -lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law Nos. 2006-205 & 2017-137 to permit a semi-detached dwelling; AND WHEREAS the owner of the said lands proposes to divide Lot 67 into two parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part -lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lot 67, Registered Plan 59M-447, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this thirteenth day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2018 November 13, 2018 November 13, 2018 S:\PART LOT CONTROL\2018\PLC-005\PLC-2018-005 By-law.docx Page 731 of 751 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 Schedules "C", "D1" and "D4" and that Schedules "C", "D1" and "D4" attached hereto shall be inserted in lieu thereof. 2. That By-law 2018-108 be hereby repealed. Passed this 13th day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 13, 2018. Second Reading: November 13, 2018. Third Reading: November 13, 2018. Page 732 of 751 SCHEDULE"C" 1. Parking By-law Enforcement Officers: Paul Brown Marianne Catherwood Julio Cavaliere Joe Corradi Adam Cousins Bill Crowder Darren Desson Mario Digianni Larry Downing John Garvie Cathy -Lynn Hanson Kelly Hutchison John MacLeod Andrea Malgie Robert Mascia Krista McGowan Philip Rudachuk Chris Russell Thomas Tavender Kim Watson SCHEDULE "D1" CANADA ONE OUTLET MALL 1. Parking By-law Enforcement Officers on private property: Kim Jones Sane! Hodzic William McMillan Curtis Sadloski Kyle King Steven Cober Alyssa Pare Blake Reddick Cody Sider Bryanna West SCHEDULE "D4" HOCO LIMITED 1. Parking By-law Enforcement Officers on private property: Keith Bennett Ryan Benner James D'Annunzio Cole Eckmier Justin Facci Brittany Forcucci James Hole Abby Kapur Dean Murray Carlos Peralta Nathan Poole Emily Romano Page 733 of 751 CITY OF NIAGARA FALLS By-Iaw No. 2018 - A by-law to amend By-Iaw No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-Iaw No. 80-114 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof. 2. By-law No. 80-114 is amended by adding Schedule "B-100" attached hereto. Passed this thirteenth day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 13, 2018. Second Reading: November 13, 2018. Third Reading: November 13, 2018. Page 734 of 751 COLUMN 1 SITE Thorold Stone Mall Stamford Green Plaza Town & Country Plaza Drummond Square Towers Plaza Lundy's Lane Plaza Niagara Square Finbows Plaza Electronic Supermarket Southway Plaza Skylon Tower Pyramid Place Maple Leaf Village Canadian Tire Y.M.C.A. Summerlea Acres Stamford Collegiate Victoria Meadows Townhomes Niagara South Condominium Corporation No. 21 YWCA Residential Complex Niagara Crossing Factory Stores St. Paul Driving Range SCHEDULE "A" COLUMN 2 LOCATION COLUMN 3 SCHEDULE "B" NUMBER 6161 Thorold Stone Road Schedule "13-1" Portage Road Schedule "13-2" 3648 Portage Road Schedule "B-3" Drummond Road Schedule "8-4" Morrison Street Schedule "8-5" 6460 Lundy's Lane Schedule "-6" 7555 Montrose Road Schedule "B-7" 6734 Lundy's Lane Schedule "B-8" 6282 Lundy's Lane Schedule "B-9" Drummond and Dunn Schedule "8-10" 5200 Robinson Street Schedule "13-11" 5400 Robinson Street Schedule "B-12" Falls Avenue (Oneida Lane) Schedule "8-13" 6840 McLeod Road Schedule "B-14" 4261 Fourth Avenue Schedule "B-15" 6767 Thorold Stone Road Schedule "B-16" Drummond Road and Leonard Schedule "B-17" Avenue Monastery Drive Schedule "B-18" Kalar Road and Coventry Road Schedule "B-19" Ailanthus Avenue Oakwood Drive Schedule "13-20" Schedule "8-21" St. Paul Avenue Schedule "B-22" Page 735 of 751 SCHEDULE"A" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Brockway Business Centre Montrose and Thorold Stone Schedule "B-23" Roads Niagara South Condominium 5100 Dorchester Road Schedule "B-24" No. 28 Niagara South Condominium 5150 Dorchester Road Schedule "B-25" No. 19 Brookside Village Co -Operative 8175 McLeod Road Schedule "B-26" Homes Inc. Niagara South Condominium 4230 Meadowvale Drive Schedule "B-27" Plan No. 43 Factor Forms Niagara Ltd. 8481 Earl Thomas Avenue Schedule "B-28" Zehrs Markets Morrison Street and Dorchester Schedule "B-29" Road 8444 Lundy's Lane Schedule "B-30" 3955 Portage Road Schedule "B-31" Ameri-Cana Resort Niagara South Condominium Corporation #2 Kingsbridge Village Non -Profit Housing Corporation Pine Meadows Builders Townhouse Condominium Project - 35 Townhouses 21 Unit Townhome Development Niagara South Condominium Corporation No. 1 3516 Main Street 8055 McLeod Road and 8065 McLeod Road Schedule "B-32" Schedule "B-33" 5088 Drummond Road Schedule "B-34" Mewburn Road Schedule "B-35" 6453 Colborne Street and 6476 Schedule "B-36" Huggins Street Edscha of Canada 5795 Don Murie Street First Professional Management 7190 Morrison Street Inc. Schedule "B-37" Schedule "B-38" Page 736 of 751 COLUMN 1 SITE Orchard Grove Estates Extension Econo Lodge Hotel Montrose Gardens Orlando Drive Condominium Micron Installations Rosemount Condominium Mount Carmel Centre Great Lodge Resort Burnfield Lane Condominium Niagara South Condominium Niagara South Condominium Corp. #42 Niagara South Condominium Corp. #57 Promenade Condominiums Home Depot The Courtyard at Meadow Creek Falls Masonry Ltd. Townhouse Condominiums Feliciano Pingue Proposed Condominium Feliciano Pingue Proposed Condominium SCHEDULE"A" COLUMN 2 LOCATION Magnolia Drive Access to Lots 30 - 33, 36 - 39, 42 - 45 and 48 - 51 7514 Lundy's Lane Montrose Road 3797 Orlando Drive 6501 Kister Road Montrose Road Montrose Road Victoria Avenue at Leader Lane 3241 Montrose Road 5200 Dorchester Road 7001 Casey Street 2684 Mewburn Road 3300 Montrose Road 7190 Morrison Street 8142 Costabile Drive 5595 Drummond Road 6012 Frontenac Street 6430 Montrose Road COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-39" Schedule "B-40" Schedule "B-41" Schedule "B-42" Schedule "B-43" Schedule "B-44" Schedule "8-45" Schedule "8-46" Schedule "B-47" Schedule "B-48" Schedule "B-49" Schedule "B-50" Schedule "B-51" Schedule "B-52" Schedule "B-53" Schedule "8-54" Schedule "B-55" Schedule "B-56" Page 737 of 751 COLUMN 1 SITE SCHEDULE"A" COLUMN 2 LOCATION Canada One Factory Outlet 7500 Lundy's Lane Mall Niagara South Condominium 3322 Addison Street Corporation No. 4 - Park Royal Niagara Catholic District School 3900 Kalar Road Board - West Niagara Falls Catholic Elementary School Secord Mills Modern Landfill Inc. Ashton Heights Condominium Courtyard Apartments MacBain Community Centre Victoria Park Towers Imperial Towers 6390 Huggins Apartments and 6400 Huggins Apartments Rock Spring Gardens Condominium West Meadow Phase II Delphina Gardens Adeline Apartments Panoramic Properties Inc. 1251549 Ontario Limited and 623381 Ontario Inc. Condominium Omada Homes Inc. 8918 Sodom Road 2025 Fruitbeit Parkway Drummond Road and Murray Street 4658 Drummond Road 7150 Montrose Road 6521 Drummond Road 6563 Drummond Road 6390 and 6400 Huggins Street 6334 Desanka Avenue 4399 Montrose Road 6753 O'Neil Street 6420 Montrose Road 7591 Scholfield Road 6167-6175-6181 Dorchester Road 6928 Ailanthus Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-57" Schedule "B-58" Schedule "B-59" Schedule "B-60" Schedule "B-61" Schedule "B-62" Schedule "B-63" Schedule "B-64" Schedule "B-65" Schedule "8-66" Schedule "B-67" Schedule "B-68" Schedule "B-69" Schedule "B-70" Schedule "B-71" Schedule "B-72" Schedule "B-73" Schedule "B-74" Page 738 of 751 COLUMN 1 SITE Brighton Condominiums Thundering Waters Condominiums Langendoen Homes Ltd. - Meadowcreek Homes Marken Homes Weinbrenner Place Inc. Niagara South Standard Condominium Corporation No. 104 (Valley Way Townhomes) The Bonnengton Apartments Frank Costantino Construction Ltd. Condominium People Movers Bus Maintenance and Storage Facility Niagara South Condominium Corporation No. 25 (Mount Forest Village) Niagara South Condominium Corporation No. 80 Victoria Woods -- Phase 1, Block 98 Optimist Village Stamford Village Condominiums SCHEDULE "A" COLUMN 2 LOCATION 3915 Portage Road 6000 Marineland Parkway 2634 St. Paul Avenue 9440 Eagle Ridge Drive 3401 - 3421 Weinbrenner Road 6263 Valley Way 4218 Portage Road 6186 Dorchester Road 8208 Heartland Forest Road 2720 Mewburn Road 4336 Kalar Road 5622 Ironwood Street 7276 Optimist Lane (Units 1 — 16) 2799 St. Paul Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-75" Schedule "B-76" Schedule "B-77" Schedule "B-78" Schedule "13-79" Schedule "B-80" Schedule "B-81" Schedule "3-82" Schedule "8-83" Schedule "B-84" Schedule "8-85" Schedule "8-86" Schedule "B-87" Schedule "B-88" Page 739 of 751 COLUMN 1 SITE DMS Property Management Victoria Woods —Phase 2 Block 97 & Lots 33-37 Olympia Retirement Condominium Fallsview Townhomes Smart Townes The Townes at Mount Carmel Caronpost Gardens SmartCentres Niagara Falls Oldfield Estates -- Phase 4 Stamford Centre Volunteer Fireman's Association (Fireman's Park) Garwood Homes Inc. Costantino Construction Ltd. SCHEDULE "A" COLUMN 2 LOCATION 6420 Delta Drive 9245 to 9311 Shoveller Drive 4644 Pettit Avenue 5820 Robinson Street (Formerly 6158 Main St.) 7768 Ascot Circle 3232 Montrose Road 8700 Willoughby Drive 7481 Oakwood Drive Oldfield Road 2275 Dorchester Road 5065 Portage Road 3757 St. Peter Avenue COLUMN 3 SCHEDULE "B" NUMBER Schedule "B-89" Schedule "B-90" Schedule "B-91" Schedule "B-92" Schedule "B-93" Schedule "B-94" Schedule "B-95" Schedule "B-96" Schedule "B-97" Schedule "B-98" Schedule "B-99" Schedule "B-100" Page 740 of 751 HZ --- SCHEDULE "B-100" rmk'AV MYLEd � N � LI_,._1 1 L 1 1- L J E a -I ET 1 O t1- O) z 111 1 v N z LO z Page 741 of 751 CITY OF NIAGARA FALLS Bylaw No. 2018 — A by-law to authorize the execution of an Amending Agreement with the Minister of Economic Development, Job Creation and Trade (formerly the Minister of Economic Development and Growth), respecting amendments to the original Agreement regarding the Summer Company program. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Amending Agreement made between Her Majesty The Queen In Right of Ontario, as represented by the Minister of Economic Development, Job Creation and Trade, and The Corporation of the City of Niagara Falls as Recipient, respecting an amendment to the term of the original Agreement for an additional four month period and an increase in the maximum funds, among other things, as described in the Amending Agreement as attached hereto, is hereby approved and authorized. 2. The Mayor and Acting City Clerk are hereby authorized to execute the said Amending Agreement. 3. The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Amending Agreement. Passed this thirteenth day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 13, 2018. Second Reading: November 13, 2018. Third Reading: November 13, 2018. Page 742 of 751 This Amending Agreement effective on or before November 30, 2018. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Economic Development, Job Creation and Trade and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (the "Recipient") BACKGROUND 1. Her Majesty the Queen in right of Ontario as represented by the Minister of Economic Development and Growth (now, the Minister of Economic Development, Job Creation and Trade) (the "Province") and the Recipient entered into an Agreement effective as of October 1, 2017. 2. The Parties wish to amend the Agreement in the manner set out in this amending agreement. IN CONSIDERATION of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Capitalized terms used but not defined in this amending agreement have the meanings ascribed to them in the Agreement. 2, All references in the Agreement to the "Ministry of Economic Development and Growth" or "Ministry" are hereby deleted and replaced with the Ministry of Economic Development, Job Creation and Trade, except for the reference to "Ministry" in section 4.8 which is hereby deleted and replaced with the Province as defined herein. 3. Section 1.2 is hereby amended by deleting the definition of "Maximum Funds" and replacing it as follows: "Maximum Funds" means $41,500 which is the maximum amount of monies the Province will provide the Recipient under the Agreement. 1 Page 743 of 751 4. Section 3.1 is hereby amended by deleting the Expiry Date of November 30, 2018 and replacing it with March 31, 2019. 5. Schedule "A" is hereby amended by adding the following additional provisions: Additional Marketing Initiatives The Recipient, as part of its Project, will undertake additional marketing initiatives to promote and market the Program to targeted groups. These additional marketing initiatives will start on November 1, 2018 and end on February 28, 2019. Timelines for additional marketing initiatives Additional Marketing Initiatives Start Date: November 1, 2018 Additional Marketing Initiatives End Date: February 28, 2019 6. Schedule "B" is hereby amended by adding the following additional provisions: Additional marketing initiatives is comprised of a base rate of $5,000 allocated by the Province to the Recipient for this additional component of the Project. Additional marketing initiatives Expenses Project Delivery and Administration Expenses Additional marketing initiatives Base Rate Total Expenses Budget Plan Cash $5,000 $5,000 Actual Cash TOTAL BUDGET INCLUDING ADDITIONAL MARKETING INITIATIVES Total Total Expenses 2 $41,500 Page 744 of 751 7 Schedule "C" is hereby amended by adding the following provisions: c) the additional amount of $5,000 shall be released upon execution the amending agreement related to additional marketing initiatives, and receipt and acceptance by the province of the certificate of insurance required under section 11.2 of the Agreement PAYMENT MILESTONE AMOUNT Upon execution of the amending agreement, and receipt and acceptance by the Province of the certificate of insurance required under section 11.2 of the Agreement $5,000 8. Schedule "D" is hereby amended by deleting the Reports chart and replacing it as follows, and by adding the following Report details: NAME OF REPORTS DUE DATE 1. SCREEN Input Report On a date or dates specified by the Province. 2. Interim Disbursement Request July 31, 2018 3. Success Stories August 31, 2018 4. Final Report October 31, 2018 5. Additional Marketing Initiatives Report February 28, 2019 6. Such additional reports as the Province may specify from time to time On a date or dates specified by the Province. REPORT DETAILS Additional Marketing Initiatives Report a) Describe your organization's marketing efforts for the Summer Company program (number of presentations made, schools visited, etc). Describe your organization's promotional and recruitment materials used in advertising and marketing the Summer Company program. 3 Page 745 of 751 b) Describe your organization's marketing strategy for the Summer Company program (online, direct marketing, social media, in-person presentation...). 9. The Agreement is amended to reflect that wherever the conjunction "; and", or "or" is used before the last item on a list, and the last item on the list has been deleted, or one or more new items have been added at the end of the list, the subject conjunction shall be deemed to have been moved to the end of the penultimate item on the amended list. 10. This amending agreement shall be effective as of the first date written above. 11. Except for the amendments provided for in this amending agreement, all provisions in the Agreement shall remain in full force and effect. 4 Page 746 of 751 The Parties have executed this amending agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Economic Development, Job Creation and Trade Name: Dolly Goyette Title: Director, Commercialization and Scale Up Networks Branch Authorized Signing Officer Date THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Jim Diodati Date Title: Mayor Name: William G. Matson Date Title: Acting City Clerk We have authority to bind the Recipient. 5 Page 747 of 751 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to permanently close part of a highway being part of Warren Woods Avenue. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by-laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part Township Lots 185 & 199 Stamford designated as Parts 1, 3, 6 & 8 on Reference Plan 59R16054, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and Acting City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this 13th day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 13, 2018. Second Reading: November 13, 2018. Third Reading: November 13, 2018. Page 748 of 751 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to amend By-law 2017-146 that adopted a Schedule of Meetings. WHEREAS Rule 2 of the Standing Rules of the Council provides for the adoption of a Schedule of Meetings. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That Schedule "A" to By-law 2017-146, be amended to reflect that the Inaugural Meeting of Council now take place on Monday December 10, 2018 as opposed to Tuesday December 4, 2018 Passed this thirteenth day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 13, 2018. Second Reading: November 13, 2018. Third Reading: November 13, 2018. Page 749 of 751 CITY OF NIAGARA FALLS By-Iaw No. 2018 - A by-Iaw to authorize the payment of $91,576,795.34 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period from July 26, 2018 to October 24, 2018. Passed this thirteenth day of November, 2018 WILLIAM G. MATSON, JAMES M. DIODATI, ACTING CITY CLERK MAYOR First Reading: November 13, 2018 Second Reading: November 13, 2018 Third Reading: November 13, 2018 Page 750 of 751 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 13th day of November, 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 13th day of November, 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 thirteenth day of November, 2018. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 13, 2018 Second Reading: November 13, 2018 Third Reading: November 13, 2018 Page 751 of 751