The URL can be used to link to this page

2018/12/11 City of Niagara Falls Agenda City Council Meeting Tuesday, December 11, 2018 @ 5:00 PM Council Chambers Page 1. IN CAMERA SESSION OF COUNCIL 4:00 P.M. 1.1. Property Matter Dec 11 10 2. CALL TO ORDER 2.1. O Canada will be sung by Alexis Bowman Anthem Singer - Alexis Bowman 11 3. ADOPTION OF MINUTES 3.1. Council Minutes of November 13, 2018. City Council - 13 Nov 2018 - Minutes - Pdf 12 - 34 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. Chippawa Dock Committee Dan Tibbs, Chairman, Chippawa Public Docks Committee, will address Council. Chippawa Dock Committee 35 - 36 6.2. MW-2018-32 - Chippawa Public Boat Dock Assumption MW -2018-32 - Chippawa Public Boat Dock - Dock Assumption 37 - 82 Page 1 of 377 MW -2018-32 - Attachment 1 - MW -2011-20 - Proposed New Chippawa Boat Dock - FINAL MW -2018-32 - Attachment 2 - MW -2012-18 - New Chippawa Public Boat Dock Development - FINAL MW -2018-32 - Attachment 3 - MW -2018-16 - Chippawa Boat Dock - Additional Funding Request 6.3. Affordable Housing Hugo Cheshire from the Greater Niagara Chamber of Commerce and Lori Beech from Bethlehem Housing would like to address Council. Tiny Homes Presentation Adaptive-Structures-Niagara-Falls Niagara Falls Community Health Centre AJ Heafey Niagara Falls Community Health Centre Niagara Region Housing Action Plan Project Share support St Catharines Housing Action Plan Tiny Homes Information Lions Building Group NPRN Affordable Housing Statement (1) 83 - 174 6.4. Affordable Housing - "1-2-3-Exit" Deb Nanson would like to address Council on the issues of Homelessness and Affordable Housing, namely the "1-2-3-Exit" project. Affordable Housing 175 7. PLANNING MATTERS 7.1. Public Meeting 176 - 180 Page 2 of 377 AM-2018-022, City Initiated Zoning Amendment General Amendments to Zoning By-law No. 79-200 Additional Regulations with Respect to regarding Second Units in Accessory Buildings and Housekeeping Amendments with Respect to the Term Family. Background Report: PBD-2018-73 PBD-2018-73, Zoning By-law Amendment, General Amendments to By- law No. 79-200 7.2. Public Meeting AM-2018-021, Zoning By-law Amendment Application 3970 Welland Street Applicant: City of Niagara Falls Proposal: To rezone lands to a site specific Open Space (OS) zone and add Day Nursery to the List of Permitted Uses. Background Report: PBD-2018-74 PBD-2018-74, AM-2018-021, Zoning By-law Amendment, 3970 Welland Street Correspondence from Dean Glendenning Correspondence from Karen Macdonald Correspondence from Richard & Marilyn Judge and Maureen Clarke Correspondence from Robin Veysey 181 - 194 8. REPORTS 8.1. PBD-2018-76 Review of Provincial Cannabis Licensing Act, 2018 and Ontario Regulation 468.18 PBD-2018-76, Cannabis Regs 195 - 204 8.2. CAO-2018-08 - Appointment of Integrity Commissioner CAO-2018-08 205 - 206 8.3. CD-2018-06 - 2019 Council Schedule CD-2018-06, 2018 Council Schedule CD-2018-06 - Attachement 207 - 209 Page 3 of 377 8.4. CD-2018-07 City Representation to the NPCA Board CD-2018-07 - NPCA CD-2018-07 Attachment 1 CD-2018-07 Attachment 2 210 - 221 8.5. F-2018-37 - Monthly Tax Receivables Report - October F-2018-37 - Tax Receivables Monthly Report (October) F-2018-37 - Attachment 222 - 225 8.6. F-2018-38 - Approval of Interim 2019 Spending Limits F-2018-38 Approval of Interim 2019 Spending Limits 226 8.7. F-2018-42 - Council IT Provisions and Reimbursement Policy F-2018-42 Council IT Provisions and Reimbursement Policy Report - Copy F-2018-42 - Attachment #1 - Council IT Provisions and Reimbursements Policy 227 - 230 8.8. IS-2018-02 - Naming and Renaming of Parks and Streets IS-2018-02 Naming and Renaming of Parks and Streets IS-2018-02 Attachment #1 Naming & Renaming of Parks Policy IS-2018-02 Attachment #2 Civic Addressing Policy 231 - 261 8.9. L-2018-08 Scotiabank Convention Centre Licence Renewal Agreement – (Recreational) The Minister of Government and Consumer Services Our File No. 2006-259 L-2018-08 Scotiabank Convention Centre - Licence Renewal Agreement 262 - 263 8.10. L-2018-09 Committee of Adjustment Consent Application B-2018- 005 6660 Hawkins Street, Niagara Falls Deeming By-law Our File No. 2018-157 L-2018-09 CofA - Consent Application B-2018-005 - 6660 Hawkins Street L-2018-09 Attachment - CofA - Consent Application B-2018-005 - 6660 Hawkins Street 264 - 267 Page 4 of 377 Request from Frank DeLuca 8.11. MW-2018-29 Lease Agreement Renewal with Portage Road Holdings Stamford Medical Clinic (4256 Portage Road) MW -2018-29 - Lease Agreement Renewal with Portage Rd Holdings - Stamford Medical Clinic MW -2018-29 - Attachment 1 - BDD-2007-03 MW -2018-29 - Attachment 2 - L-2016-16 268 - 274 8.12. MW-2018-30 Firemen’s Park Improvements Budget Request MW -2018-30 Firemen's Park Improvements - Budget Request 275 - 277 8.13. MW-2018-31 License Renewal Amendment Agreement with the District School Board of Niagara – Princess Margaret School (6624 Culp Street) MW -2018-31 - Licence Renewal Amendment Agreement - DSBN Princess Margaret School - 6624 Culp St MW -2018-31 - Attachment 1 - Location Map 278 - 280 8.14. PBD-2018-72 Program Extension for the Downtown, Historic Drummondville and City-Wide Community Improvement Plans PBD-2018-72, Program Extension for Downtown,Historic Drummondville,City Wide Brownfield CIPs 281 - 286 8.15. PBD-2018-75 26CD-11-2018-006, Draft Plan of Vacant Land Condominium Modification to Draft Plan Approval 8273 Tulip Tree Drive Applicant: Imagine Townhomes GP Inc. Agent: Upper Canada Consulting (Jennifer Vida) PBD-2018-75, Redline Revisions to Draft Plan Approval (Warren Woods Condo Block 229) 287 - 298 8.16. R&C-2018-17 Seniors Advisory Committee R&C-2018-17-Seniors Advisory Committee R&C-2018-17-Attachment - SAC Terms of Reference 299 - 303 8.17. TS-2018-27 Regulatory Sign Installations in New Subdivisions TS-2018-27 Regulatory Sign Installations in New Subdivisions 304 - 305 8.18. TS-2018-28 - Front Street - Parking Review 306 - 309 Page 5 of 377 TS-2018-28 Front Street - Parking Review 8.19. TS-2018-29 Kalar Road between McLeod Road & Buckeye Crescent Parking and Traffic By-laws TS-2018-29 Kalar Road - Parking & Traffic By-laws 310 - 312 8.20. TS-2018-30 - Disabled Warning Signs TS-2018-30 Disabled Warning Signs Pilot Project 313 - 320 8.21. TS-2018-31 Bus Terminal Lease Agreement TS-2018-31 Bus Terminal Lease Agreement 321 - 322 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Canadian Blood Services - Would like to inform Council and staff of the upcoming clinic at the Optimist Club, Monday December 31st 10:30 a.m.-2:30 p.m.; and support by way of advertising the clinic on the City's website. Recommendation: For the Information of Council Canadian Blood Services 323 - 324 9.2. The French Catholic School Board - ( Conseil scolaire catholique MonAvenir) requesting a Flag raising for September 25, 2019 to celebrate Franco - Ontarians Day. Recommendation: For the Approval of Council Franco-Ontario Day 325 - 326 9.3. Municipal Voters' List - The Town of Kearney had concerns over the quality of the recent Municipal Voter’s List and has recently shown their support for a solution to the way that the Voters’ List is created and managed. The Town is requesting similar support from all Ontario municipalities for the re-establishment of the multi-stakeholder working group between the Ministry of Municipal Affairs, Ministry of Finance, AMCTO, MPAC and Elections Ontario. Recommendation: For Council’s Consideration and Support. Council Resolution re Voters' List for Municipal Elections 327 - 329 9.4. Artists Against Racism - requesting funding for their National Indigenous Billboard and Bus Shelter advertising campaign and Public Service Announcements. 330 - 341 Page 6 of 377 Recommendation: Refer to staff Artists Against Racism AAR Niagara Falls 9.5. Meals on Wheels - is requesting funding of $1000 to be used for their 50th Anniversary celebration dinner for volunteers. Recommendation: Refer to Staff Meals on Wheels 342 - 343 9.6. City of St. Catharines - has forwarded a copy of a recent motion passed by their Council to request the Province to appoint a Supervisor for Conservation authorities. Recommendation: For the Information of Council. Appointment of Supervisors for Conservation Authorities 344 9.7. Thundering Waters - Email correspondence Recommendation: For the Information of Council Correspondence from Michael Folemsbee Correspondence from Kal Dockstader and Email from Alex Herlovitch Thundering Waters - Email letter from Derek Jones Correspondence from Linda Manson 345 - 355 9.8. Ministry of Municipal Affairs and Housing - Letter from Minister Steve Clark regarding an information update to the Municipal Reporting Burden. The Ministry is establishing a working group to confirm that the reporting requirements for small municipalities are appropriate. Recommendation: For the Information of Council. Letter to Heads of Council from Minister Clark 356 - 357 10. RATIFICATION OF IN CAMERA 11. RESOLUTIONS 11.1. 358 Page 7 of 377 WHEREAS Council determined that the proposed change to the conditions of approval of the plan of condominium would permit Imagine Townhomes GP Inc. to reduce the number of condominium units from 37 to 36. 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 plan of condominium minor and exempts the requirement for circulating a written notice. Resolution 11.2. Niagara Falls Hydro Holding Corporation (HOLDCO) WHEREAS the Board shall consist of those persons elected as Councillors o fthe Shareholder, together with the Mayor of the Shareholder; THEREFORE BE IT RESOLVED that the nine (9) directors to be selected by the Shareholder for the current term of Council be as follows: Mayor James M. Diodati, Councillor Wayne Campbell, Councillor Chris Deabrowski, Councillor Carolynn Ioannion, Councillor Vince A. Kerrio, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Mike Strange, and Councillor Wayne Thomson. Dec 11 - HOLDCO 359 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2018-131 - A by-law to amend By-law No. 79-200 to recognize the use of the Lands as a park and add a day nursery to the list of permitted uses on the Lands (AM-2018-021). By-law AM-2018-021 360 - 361 2018-132 - A by-law to amend By-law No. 2018-42, to eliminate a change made by that by-law, and to amend By-law No. 79-200, to add and remove language (AM-2018-022). By-law AM-2018-022 A 362 - 363 2018-133 - A by-law to amend By-law No. 79-200, to add language to address accessory buildings (AM-2018-022). By-law AM-2018-022 B 364 Page 8 of 377 2018-134 - 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 Dec 11 By-law Enforcement Officers 365 - 366 2018-135 - A by-law to appoint an auditor. Auditor Appointment Bylaw 12.11.18 367 2018-136 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) Dec 11 - Front St 368 - 369 2018-137 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Standing Prohibited) Dec 11 - Kalar Road 370 - 372 2018-138 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections) Dec 11 - Subdivision Agreements 373 - 374 2018-139 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) Dec 11 - Summer Street 375 - 376 2018-140 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11th day of December, 2018. 12 11 18 377 13. NEW BUSINESS 14. ADJOURNMENT Page 9 of 377 The City of Niagara Falls, Ontario Resolution December 11, 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 December 11, 2018 at 4:00 p.m., Niagara Falls City Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m., to consider matters that fall under s. 239(2)(f), advice that is subject to solicitor-client privilege and s. 239(2)(c), a proposed or pending acquisition or disposition of land by the municipality. ALSO THAT IT BE RESOLVED that on January 8, 2019 at 4:00 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 10 of 377 *December 11, 2018 Alexis Bowman Alexis is 14 years old and is a grade 9 student at Laura Secord Secondary School. She has won numerous musical theatre scholarships. Alexis has been a provincial finalist in the Ontario Music Festival for musical theatre the last 2 years. She has performed in many musicals in the Niagara Region for Garden City productions, Yellow Door Theatre Group and Linus Hand productions. She enjoys dancing, singing and reading in her spare time. Page 11 of 377 MINUTES City Council Meeting Tuesday, November 13, 2018 Council Chambers 5:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Kim Craitor, Councillor Carolynn Ioannoni, Councillor Vince Kerrio, Councillor Joyce Morocco, Councillor Victor Pietrangelo, Councillor Mike Strange, and Councillor Wayne Thomson COUNCIL ABSENT: COUNCIL LATE: 1 IN CAMERA SESSION OF COUNCIL 4:30 P.M. a) Property Matter/Education ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Wayne Thomson that Council enter into an In Camera session of Council. Carried Unanimously 2 CALL TO ORDER a) O Canada sung by Kylie Zwierschke 3 ADOPTION OF MINUTES` a) Minutes of August 14, 2018. b) Minutes of Special Council Meeting, September 17, 2018 ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Joyce Morocco that the minutes of August 14, 2018 and September 17, 2018 be approved as recommended. Carried Unanimously 4 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made Page 1 of 23 Page 12 of 377 City Council November 13, 2018 for the current Council Meeting at this time. a) Councillor Ioannoni indicated a conflict to cheque number 419139 made payable to herself, cheque numbers 418399 and 418919 made out to a member of her family. b) Councillor Pietrangelo indicated a conflict to wire transfers made to the Niagara Catholic District School Board, his employer, 00175-0008, 00181-0002, 00176-0004, 00169-0003 and 00181-0003. c) Councillor Strange indicated a conflict to cheque numbers 418323 and 418780, made payable to himself. d) Councillor Kerrio indicated a conflict to matters on the agenda related to Board houses, PBD-2018-51. e) Mayor Diodati indicated a pecuniary conflict to cheque numbers 418544, 419328 and 420232 made payable to himself. f) Councillor Morocco indicated a pecuniary interest to cheque numbers 418322 and 418722 made payable to herself. 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati recognized Councillors Craitor and Morocco for their years of service to the City of Niagara Falls and presented them with gifts. b) Mayor Diodati offered condolences to Don Johnson; Peter Maves, father of Regional Councillor Bart Maves; Garnet Roy Cannon a retired firefighter; Carole Janie Alexander mother of firefighter Richard Alexander; Margaret Young mother of Laurie Bitner, city employee; Bruce Douglas Green a retired platoon chief; Elise May McCauley mother of Don McCauley district Chief of Station 6; Anna Lachance mother in law of Roger Pigeon, fire services; Roland Maves, father of Jim Maves from Transportation Services; and to the family of Anne Angelone former Regional Councillor. c) Mayor Diodati expressed his appreciation to the community for the continued support and to the members of Council for the representing him at numerous grand openings and various events. 6 DEPUTATIONS / PRESENTATIONS Page 2 of 23 Page 13 of 377 City Council November 13, 2018 a) Council Recognition Mayor Diodati recognized the following residents for their accomplishments. Councillor Strange presented the awards. • 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 b) Boarding House Study Dana Anderson, lead consultant with MHBC Planning, along with Kelly Martel made a brief presentation to Council. -AND- PBD-2018-51 - Boarding House Interim Control By-law Study The report recommends 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that public meetings be held and stakeholders be included for input as well as all agencies for their opinion on options Council is facing; and that this be advertised on the City's website. Motion Carried with Councillor Ioannoni opposed and Councillor Kerrio declaring a conflict. c) Ludzy Celebrity Roast Steve Ludzik informed Council of the upcoming roast, November 30th at the Niagara Falls Convention Centre. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that Council support the event and purchase a table. Page 3 of 23 Page 14 of 377 City Council November 13, 2018 Carried Unanimously 7 PLANNING MATTERS a) 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 The report recommends the following: 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 Council pass the amending by-law appearing in Council’s agenda to implement the intended regulations. 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 b) Public Meeting 26T-11-2018-001 & AM-2018-005 Forestview Draft Plan of Subdivision and Official Plan and Zoning By- law Amendment Application 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 The report recommends the following: Page 4 of 23 Page 15 of 377 City Council November 13, 2018 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. John Mestek, representing River Realty, was in support of the staff report and asked for the support of Council. The Public Meeting was Closed. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously c) 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 The report recommends the following: Page 5 of 23 Page 16 of 377 City Council November 13, 2018 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. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously 8 REPORTS a) F-2018-31 - Monthly Tax Receivables Report- July The report recommends that Council receive the Monthly Tax Receivables report for information purposes. b) F-2018-32 - Monthly Tax Receivables Report - August The report recommends that Council receive the Monthly Tax Receivables report for information purposes. c) F-2018-33 - Monthly Tax Receivables Report - September The report recommends that Council receive the Monthly Tax Receivables report for information purposes. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Page 6 of 23 Page 17 of 377 City Council November 13, 2018 Councillor Wayne Campbell that reports F-2018-31, F-2018-32 & F- 2018-33 be approved as recommended. Carried Unanimously d) F-2018-34 - Municipal Accounts The report recommends that Council approve the municipal accounts totaling $91,576,795.34 for period July 26, 2018 to October 24, 2018. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously e) F-2018-35 - Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 The report recommends that Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously f) IS-2018-02 - Naming and Renaming of Parks and Streets The report recommends that for the information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that report IS-2018-02 be deferred to the next meeting. Carried Unanimously g) MW-2018-23 - N.S. & T Trail and Signage Project Page 7 of 23 Page 18 of 377 City Council November 13, 2018 The report recommends the following: 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, That funding for the phased implementation of the N.S. & T. Trail Project be referred for consideration in the 2019 Capital Budget. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously h) MW-2018-24 - Intelligent Incident Cameras ( Dash Cameras) Municipal Vehicles The report recommends 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. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Kim Craitor that the report be approved as recommended. Carried Unanimously i) MW-2018-25 -Bukator Drive and Rapids View Drive - Sewer Separation Project Update The report recommends that this report be received by Council and that staff be directed to proceed with the next steps as outlined. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously j) MW-2018-26 - Kalar Road Widening Dedication Page 8 of 23 Page 19 of 377 City Council November 13, 2018 The report recommends the following: That the future 3m road widening on the west side of Kalar Road be deeded to the City of Niagara Falls at no cost with the exception of any related legal fees for processing and registration of the widening, That the Mayor, City Clerk and City Solicitor be authorized to execute the necessary documents and agreements necessary to complete the land transfer. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that the report be approved as recommended; with a friendly amendment that a letter of thanks be sent to Mark Basciano, Mountainview Homes. Carried Unanimously k) MW-2018-27 - New South End Bulk Water Station The report recommends the following: 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. That the 2018 Capital Budget be amended to include funding to support this investigation. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Carolynn Ioannoni that the report be approved as recommended. Carried Unanimously l) MW-2018-28 - Robinson St. Bridge Removal and Municipal Class EA Projects The report recommends the following: Page 9 of 23 Page 20 of 377 City Council November 13, 2018 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; That funding for the removal of the bridge be considered in the 2019 Capital Budget; and 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously m) 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) The report recommends 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. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously n) PBD-2018-68 - Matters Arising from Municipal Heritage Committee, 2018 Designated Property Grant. Repointing of Small Stone Building. 2358 Portage Road The report recommends that Council approve the alteration and Designated Property Grant for the repointing of the mortar on the small Page 10 of 23 Page 21 of 377 City Council November 13, 2018 stone building at the Halfway, as it will assist the further preservation of the building. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously o) PBD-2018-69 - Information Report related to B-2018-005 & DB-2018- 003. Applicant: Habitat for Humanity. Proposal: Future Residential Development The report recommends that for the information of Council. Frank DeLuca, representing his family, expressed concern with the process and asked for reconsideration of the deeming by-law affecting his property. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor to allow Frank DeLuca to speak. Carried Unanimously ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Kim Craitor that the report be approved. Carried Unanimously ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Wayne Campbell refer to staff to consult with lawyers and report back to Council with information about the deeming by-law. Carried Unanimously p) PBD-2018-70 - SPC-2017-019, Application for Site Plan Approval, 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. Page 11 of 23 Page 22 of 377 City Council November 13, 2018 The report recommends that City Council approve the Site Plan to allow the construction of a building addition as approved by the Committee of Adjustment. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously q) R&C-2018-16 - 2019 Niagara Falls Canada Day Celebration The report recommends that for the consideration of Council. ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Joyce Morocco that the report be approved and the Niagara Falls Canada Day Celebration remain in Downtown Niagara Falls. Carried Unanimously 9 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) Town of Fort Erie and City of St. Catharines Resolutions - The Right 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. ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Wayne Campbell that the communication be referred to staff. Carried Unanimously b) Community of Sant' Egidio -A request to proclaim November 30, 2018 as " Cities for Life - Cities against the Death Penalty". RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange to receive and file the communication. Page 12 of 23 Page 23 of 377 City Council November 13, 2018 Carried Unanimously c) 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 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson to receive and file the communication. Carried Unanimously d) 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 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously e) Royal Canadian Legion - Parade of Veterans for District Convention taking place Sept 30, 2018 and the Legion is requesting a waiver of fees road Closure. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the communication be approved. Carried Unanimously f) Correspondence from the Township of Amaranth - A resolutions was passed re: Licensing Process to take water for Commercial Water Bottling Facilities and circulated to all municipalities for information. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council support the resolution. Page 13 of 23 Page 24 of 377 City Council November 13, 2018 Carried Unanimously g) Recycling Council of Ontario - Request that October 15-21, 2018 be '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 ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously h) Weinman Limited - has requested a noise exemption for construction 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 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Joyce Morocco that the communication be approved. Carried Unanimously i) PH Canada - November 2018 be proclaimed as " Pulmonary Hypertension Awareness Month" in the City of Niagara Falls. 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 j) Latvian 100 Event - Request for a proclamation to commemorate their Centennial Anniversary on November 17, 2018 which is being held at the Crown Plaza. RECOMMENDATION: For the Approval of Council Page 14 of 23 Page 25 of 377 City Council November 13, 2018 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Vince Kerrio that the communication be approved. Carried Unanimously k) 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 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously l) Niagara Peninsula Conservation Authority - Policy document has been forwarded to area municipalities for information. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive and file the correspondence. Carried Unanimously m) City of Thorold Correspondence - adopted a resolution re: NPCA Supervisor Appointment. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the communication be received for information. Carried Unanimously n) Niagara Region Correspondence - Resolution supported re: Universal Support Person Pass, Inter-Municipal Transit Service; and circulated to area municipalities for information. RECOMMENDATION: For the Information of Council Page 15 of 23 Page 26 of 377 City Council November 13, 2018 ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Victor Pietrangelo that the communication be received. Carried Unanimously o) Niagara Region Metis Council - Louis Riel Day celebrations, request for flag raising from November 9-19, 2018. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously p) Niagara Region - Passed recommendations re: Regional Incentive Delivery and Eligibility in 2019; and asked that it be forwarded to all local municipalities. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Wayne Campbell that the communication be received for information. Carried Unanimously q) Niagara Region - 2017 Reserve Water and Wastewater Treatment Capacities RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the communication be received for information. Carried Unanimously r) Niagara Regional Housing -Copy of the Niagara Regional Housing Quarterly Report, April 1 - June 30, 2018. RECOMMENDATION: For the Information of Council Page 16 of 23 Page 27 of 377 City Council November 13, 2018 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that the communication be received. Carried Unanimously s) Vista Pyrotechnics - requesting approval for the annual New Year's Eve fireworks display at the Skylon tower. RECOMMENDATION: For the approval of Council, subject to the appropriate insurance requirements. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the communication be approved. Carried Unanimously t) 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 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the communication be approved. Carried Unanimously u) The Bridgeton Group Inc. - A New Paradigm in Affordable Seniors Living, a possible solution to waiting lists. RECOMMENDATION: Refer to Staff ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously v) 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 Page 17 of 23 Page 28 of 377 City Council November 13, 2018 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council purchase a table for the event. Carried Unanimously w) CARP – Canadian Association for Retired Persons, is requesting that 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. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously x) 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 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously y) 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 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the communication be approved; being that this is a non-profit organization. Page 18 of 23 Page 29 of 377 City Council November 13, 2018 Carried Unanimously z) Niagara District Airport – External Auditor, Dan Pilon, Niagara District Airport CEO, is requesting that the external auditor, namely Crawford Smith & Swallow, be retained for another year. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the communication be approved. Carried Unanimously 10 RATIFICATION OF IN CAMERA a) L-2018-07 - Reilly Street End, Fortis Ontario Inc. Hydro Lines. John Bevan Lease The report recommends the following: That the City accept an Application for Permit to Construct from the Lessee, John Bevan, of part of the Reilly Street road allowance, for the construction of a dwelling within the permitted area of the leased lands, as illustrated in yellow on the attachment to this Report. That in the event that the Lessee of part of the Reilly Street road allowance does not wish to proceed with the Application for Permit to Construct as set out in Recommendation 1 above, the City refund the Lessee the rent paid by him to the City, pursuant to the Lease, in the amount of $21,827.56. That the City enter into a formal easement with Fortis Ontario Inc. over the City owned lands. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Vince Kerrio that the actions from the In Camera session of November 13, 2018 be ratified. Carried Unanimously BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. Page 19 of 23 Page 30 of 377 City Council November 13, 2018 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a first reading. Carried Unanimously 2018-117 A by-law to provide for the adoption of Amendment No. 131 to the City of Niagara Falls Official Plan (AM-2017-010) 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). 2018-119 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). 2018-120 A by-law to amend By-law No. 79-200, to permit apartment dwellings on the Lands (AM2018-013). 2018-121 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). 2018-123 A by-law to designate Lot 67, Registered Plan 59M-447, not be subject to part-lot control (PLC-2018-005). 2018-122 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. 2018-124 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 Page 20 of 23 Page 31 of 377 City Council November 13, 2018 municipal by-laws. 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. 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 2018-127 A by-law to permanently close part of a highway being part of Warren Woods Avenue. 2018-128 A by-law to amend By-law 2017-146 that adopted a Schedule of Meetings. 2018-129 A by-law to authorize the payment of $91,576,795.34 for General Purposes 2018-130 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13th day of November, 2018. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a second and third reading. Carried Unanimously 11 NEW BUSINESS a) Huron Street ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the property matter with Mr. Peter Merola be referred to staff to solve. Carried Unanimously Page 21 of 23 Page 32 of 377 City Council November 13, 2018 b) Claim - 6850 Imperial Court ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that staff have the claim for 6850 Imperial Court reconsidered by the adjuster and report to Council. Carried Unanimously c) Claim ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that Paul Lemiere's claim be referred back to the adjuster to be reconsidered. Carried Unanimously d) 4981 Homewood Avenue that the $19,000 water bill received by the home owner be referred to staff to report back to Council with an explanation. Carried Unanimously e) Chippawa Waste Water Treatment Facility ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Victor Pietrangelo that Councillor Morocco be kept updated on the project. Carried Unanimously f) Subdivision Markers ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that staff report back with options on maintenance of subdivision markers; including future and existing markers and a future policy. Carried Unanimously g) Regional Councillors ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Page 22 of 23 Page 33 of 377 City Council November 13, 2018 Councillor Vince Kerrio that the Regional Councillors be invited to a future Council meeting. Carried Unanimously 12 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Kim Craitor that the Council meeting be adjourned at 8:40 p.m. Carried Unanimously Mayor City Clerk Page 23 of 23 Page 34 of 377 1 Teresa Fabbro From:Bill Matson Sent:Wednesday, November 28, 2018 9:45 AM To:Teresa Fabbro Subject:FW: Deputation for Dec 11 Deputation: Chippawa Docks Committee Dan Tibbs has requested to speak to Council …. Pending a meeting held with staff. From: Dan Tibbs [mailto:dgltibbs@gmail.com] Sent: Tuesday, November 20, 2018 2:42 PM To: Bill Matson Subject: Re: Deputation for Dec 11 In regards to Bill Matson's request for information, I will know better after the meeting on the 22nd with Ken and Geoff...Thanks Dan Tibbs On Thu, Nov 15, 2018 at 2:58 PM Bill Matson <billmatson@niagarafalls.ca> wrote: Dan, In advance of the December 11th Council meeting I’m just looking for some further details related to your Deputation Request to speak at the meeting. Namely, a brief outline of what your concerns are / what your discussion is about. Here is a list of what each Deputation Request is asked for: A written request for a delegation to address Council shall include: - The person’s name - Address - Phone # - If applicable, the name, address and telephone # of the organization the requester represents - A detailed brief of the presentation outlining the request/direction the presenter is seeking from Council. A written delegation request will form part of the official record of the proceedings of Council and will be considered a public document. Page 35 of 377 2 Deputations shall be limited to not more than 5 minutes to address Council, unless otherwise determined by Council. Bill Matson | Acting City Clerk / Manager of Clerks Services | Clerks | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Sarah Conidi Sent: Wednesday, November 14, 2018 4:20 PM To: Bill Matson Cc: 'dgltibbs@gmail.com' Subject: Deputation for Dec 11 Hi Bill, I’ve cc’ed Dan Tibbs from the Chippawa Dock Committee as they will present a deputation to council at the next council meeting on December 11. With thanks, Sarah Conidi | Executive Secretary | Offices of the Mayor & CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | sconidi@niagarafalls.ca Page 36 of 377 MW-2018-32 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2018-32 Chippawa Public Boat Dock Dock Assumption RECOMMENDATION 1. That City staff are authorized to prepare and execute necessary documents to facilitate the termination of the existing sublicence with the Chippawa Public Docks Committee and assume ownership of the Chippawa Public Boat Dock. EXECUTIVE SUMMARY The City of Niagara Falls, in conjunction with the Chippawa Public Docks Committee (CPDC) and Ontario Power Generation (OPG) established a new Boat Dock facility on Front Street in Chippawa in 2012. This facility has become a popular public amenity and is enjoyed by local residents and visitors alike. The majority of the work was undertaken by volunteers and members of the CPDC using private funding and donations received from the community. The minimum five (5) year ownership period for the Chippawa Public Boat Dock has been achieved by the CPDC. All other necessary conditions of ownership transfer to the City have been met by the CPDC. As a result the City of Niagara Falls in now in a position to assume ownership of the dock as was contemplated in the earlier sublicence agreement. The sublicence that facilitated the CPDC to build and own the dock will no longer be required once the City assumes ownership. BACKGROUND At its meeting on May 30th, 2011 City Council adopted the recommendations set out in report MW-2011-20 which directed City staff to establish a new Public Boat Dock facility on Front Street in partnership with the Chippawa Public Boat Dock Committee. See attachment #1. On March 27th, 2012 Council approved report MW -2012-18 which provided staff with direction to advance the engineering and construction phases of the project. See Page 37 of 377 December 11, 2018 - 2 - MW-2018-32 attachment #2. At the August 14, 2018 meeting, Council adopted the recommendation to provide additional funding to the CPDC in the amount of $17,000. These funds covered expenses related to repairs of the dock in preparation for City assumption. See attachment #3. ANALYSIS/RATIONALE A minimum five (5) year ownership period by the CPDC has been achieved to satisfy Provincial capital grant funding requirements. The CPDC has completed all required obligations. As a result the Chippawa Public Boat Dock can now be assumed by the City of Niagara Falls. The dock will become a public facility within the parks inventory. There are no outstanding issues/items to be done by the Chippawa Public Boat Dock Committee. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The existing 3 party sublicence agreement between the City of Niagara Falls, CPDC and OPG for the Chippawa Public Boat Dock will no longer be needed and should be terminated. The parent licence agreement for the Chippawa Public Boat Dock site between the City of Niagara Falls and OPG will remain in effect. An agreement will be needed to facilitate termination of the sublicence and the transfer of dock ownership from the CPDC to the City of Niagara Falls. CITY’S STRATEGIC COMMITMENT The recommendation is consistent with Council’s Strategic Priority to ensure that investments in infrastructure maximize benefits, reduce risk, and provide satisfactory levels of service to the public. LIST OF ATTACHMENTS 1. MW -2011-20 2. MW -2012-18 3. MW -2018-16 Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer G.Holman, D. Antonsen Page 38 of 377 MW- 2011 -20 NiagaraJalls May 30, 2011 REPORT TO:Councillor Carolynn loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department Clerks Department SUBJECT:MW- 2011 -20 Proposed New Chippawa Boat Dock RECOMMENDATION 1.That Committee recommend for ratification that Council endorse the concept, location and timing of the proposed new Chippawa public boat dock and arrangement with the Chippawa Public Docks Committee. 2.City staff be directed to undertake a Crown lease arrangement with the Ministry of Natural Resources (MNR) and seek the consent of other approval agencies. 3.That funding for the City's portion of this project be referred to the 2012 Capital Budget deliberations. 4.That staff conduct a review of on- street parking on Front Street so that any modifications can be incorporated into the design and implemented during the project construction phase. EXECUTIVE SUMMARY The Chippawa Public Boat Dock Committee is a non - profit group of citizens interested in the development of a formal public dock facility intended to improve opportunity for public access to the Welland River. The proposed location for the dock is on the north side of the Welland River, along Front Street, adjacent to the Weightman Bridge. The proposed arrangement has the Chippawa Public Dock Committee committed to fundraising for the dock portion of the project. The facility will also require proper parking, sidewalk links, emergency access and amenity space to be constructed along the shore, proposed to be funded by the municipality. The goal of the proposed new Chippawa boat dock is to beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. BACKGROUND In 2010, Council received a series of reports on the proposed relocation of the former Chippawa BIA- sponsored boat dock. Council's motion was to return the former dock to its' original location (south side of the Welland River) and that a City committee be formed to establish a long term plan for public docks along the Welland River. It should be noted that Page 39 of 377 May 30, 2011 2 -MW- 2011 -20 the south side boat dock was installed on May 19 2011 through the joint efforts of Municipal Works staff and the firefighters from Station 4 in Chippawa. Since Council's motion City staff having been working with a group known as the Chippawa Public Docks Committee. Staff developed a concept plan that situated the proposed new boat dock on the north side of the Welland River, along Front Street adjacent to the Weightman Bridge. This location meets the needs of the project by; providing dock users with access to the Chippawa businesses, allowing vehicular access for emergency services and gives an opportunity to beautify and better utilize existing City of Niagara Falls lands. The proposed concept plan developed with the Chippawa Public Docks Committee includes the following elements; a new, fixed (non - floating) dock with an approximate length of 30m (100'), a parking area, sidewalks, a lock -able pedestrian gateway to the dock, information signage, lighting and picnic tables. Furthermore, the proposed concept plan has been developed with accessibility in mind and will be compliant with the Facility Accessibility Design Standards (FADS), the guiding document for new municipal facilities. On May 4, 2011, City staff participated in a stakeholder open house meeting hosted by the Chippawa Public Docks Committee to receive comment on the proposed new Chippawa Boat Dock. The meeting was attended by approximately 40 individuals and included Chippawa residents, merchants and representatives of Ontario Power Generation, Emergency Services and the Niagara Parks Commission. The comments received from the stakeholder open house meeting were strongly supportive of the proposed new Chippawa boat dock (see attached). ANALYSIS /RATIONALE The purpose of the proposed new Chippawa boat dock will beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. The proposed arrangement is that the Chippawa Public Docks Committee will fundraise for the financing of the physical dock. The municipality would be responsible for the "up land" works (i.e., the public lands leading to the dock). The dock would be a municipal asset under City ownership, which would help facilitate needed consent from the various, possible approval authorities (Ministry of Natural Resources, Ontario Power Generation, Oceans and Fisheries et al). The municipality would also be expected to issue receipts for the fundraising initiatives of the Chippawa Public Docks Committee. Finally, City staff would create the design work and issue appropriate tenders to see the project come to fruition. City staff has prepared a concept plan for the dock and surrounding lands. St. John Ambulance and the Fire Station No. 4 Fire Chief will be consulted in the formal design planning stage to ensure the dock and lands are optimized for emergency service staff. In addition, a review of on- street parking on Front Street by Transportation Services is recommended so that any modifications can be incorporated into the design and implemented during the project construction phase. Page 40 of 377 May 30, 2011 3 -MW- 2011 -20 FINANCIAL/ LEGAL IMPLICATIONS The proposed new Chippawa boat dock is not currently funded in the 2011 Capital Budget. It is listed within the 2011 capital budget addendum. The project will be identified in the forthcoming 10 -year capital plan with the possibility that it would be approved in 2012. The anticipated cost of the project (including external contributions) is estimated at $130,000, subject to the public procurement process. The Chippawa Public Docks Committee has stated a commitment to funding 100% of the new fixed dock portion of the project. The value of this commitment to funding is anticipated to be approximately$50,000, with the site works (the City portion) estimated at 80,000. To permit the development of the proposed new Chippawa boat dock, a Crown lease arrangement is required with the Ministry of Natural Resources, which will provide the municipality with the right to occupy the Welland River bed for the purpose of constructing a boat dock. This arrangement will need annual renewals with an associated fee, yet to be determined. In addition, it will also be necessary to receive Federal approval from Transport Canada, Oceans & Fisheries branch, under the Navigable Waters Protection Act. There may be other permits or approvals required for the project. As the facility will be municipally- owned, staff will be discussing appropriate measures to mitigate the risks with its insurer. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents Actively pursue economic development opportunities such as authentic Eco and Heritage Tourism opportunities. LIST OF ATTACHMENTS Attachment #1 Proposed New Chippawa Boat Dock Location Map Attachment #2 Proposed New Chippawa Boat Dock Concept Plan Attachment #3 Comments from the Public Open House Recommended b :DA r Geo Holman, t rector of Municipal Works Recommended by:I'1 Dean Iorfida, ty Cle Respectfully submitted: Ke Todd, Chief Administrative Officer DA/DI /GH Page 41 of 377 Page 42 of 377 Page 43 of 377 C H I U._., u.COMMITTEE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name 34Z4M) 54.-e L , Address 2n 7 1,2? !`/ Phone # Y 70 3591 Email 6 ' w c- C L/ AM/ c Co I /we would be interested in assisting the Chippawa Public Docks Committee lam' COMMENT y / Y ff a 1'M "4 Page 44 of 377 CHPPAWA PUDIC D K S COMMITI FE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one-of our representatives for further information. Name i\v1W Address i A.;f . _ I . . Phone #c 5 1 , 4 5} Email 4`"r1 : ‘-\ 4" t 4 Uwe would be interested in assisting the Chippawa Public Docks Committee COMMENT 1 a 1\ote;C L . 1lC. 7 4 v \L i L f L f1-l Page 45 of 377 C,H1PPAVVA PUBLIC, DOCKS ITTEE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name L, _c.41c, 1 1 Address 1 77 ill E 1 &-,4iL,4 k, c r A •r•ei, S(v. Phone #10 S -S - - Ss' Email iYl S c:r _ 1 l hoifn tt. . ( .C)'i Uwe would be interested in assisting the Chippawa Public Docks Committee COMMENT b.-C Lv e'er' 4 Page 46 of 377 C 1 P P r A, P _ B Li T.CKSCOMM1 TT E The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name 5 /1 Address 0.1_ j fc_j+ Fr F Phone #J L' `'l / S - u Email T/( 0- C'r Uwe would be interested in assisting the Chippawa Public Docks Committee El COMMENT A l.,y,,e •t Sr if t ." G r Page 47 of 377 F i IA 1 ia$ .sd DOCKS *.a..,,t :Jir\ 1 TT EE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name 7i Address 4 / Phone #S a Email LF a2/ Z t C f' / ? //y' uS . (4 Uwe would be interested in assisting the Chippawa Public Docks Committee E COMMENT ND 4 "4v o S 7//l Page 48 of 377 b 1 s ` - 3 .. P tip 6 t, B 4v i (2; c: r.J' K "S ` C (.. MI fit' t E anal 3 The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of ur representatives for information. Name lf`ie-t- C Address 4Y 61//9? Phone #ry Email Uwe would be interested in assisting the Chippawa Public Docks Committee COMMENT cr-e 74 rise Page 49 of 377 The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. 1 Name 1 Address r G r Phone # Email Uwe would be interested in assisting the Chippawa Public Docks Committee COMMENT 64 _ ( 1 r f-/c 0-1 1.A C 4 S / t .t ` Ci f cr s LL' / I C t: - i l i (` AC( G /c? L c Act Lv, /1 yerk-i fr, t/ c :r , G:i_ /'}-1 t'/ G /'L c" 4 l CSC_ G j 7 ; , C 7 zto Y r c a g l l f. 196.1/ e- E c/ -r-LL (`1) 7 ( e i5 C ,C/iS 1 "1r _ ff t ` C'c A.C Lir 1--) tpj F"'6 )((e- L( r tr'6 C1 CL7, / /0GILt.;ri Page 50 of 377 HH1:4 C , 0 K S COv kti 1 TT The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our repres for further information. Name A `',/l ` r :1)3 Address c,r c L! c Phone #L. ` l r' Email r ' i _:' ) ) / i 1 . • ) / tic 7 1 ( Uwe would be interested in assisting the Chippawa Public Docks Committee COMMENT f)/9" Page 51 of 377 3 p r: WA Pt . iBLIC D0 M ' iv i The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name Q- 72 /7")_dre Address f-Pd ego i s& Li1 11/aG/lil /L_r cutp S C fjo. t CG? A_ a6- 3 Phone # Email ezec/c Cc cJc eCC • cCt 7?k,(2e2e ho1,n Corn Uwe would be interested in assisting the Chippawa Public Docks Committee Efr" COMMENT A,/m k kap cto p,a5 s, bile C /PO Page 52 of 377 MW- 2012 -18 NiagaraFgys March 27, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2012 -18 New Chippawa Public Dock Development RECOMMENDATION That staff be authorized to complete the engineering phase ($15,000) of the New Chippawa Boat Dock and the construction costs be considered in the 2012 Capital Budget deliberations. EXECUTIVE SUMMARY Approval of the recommendations are necessary to finalize engineering design for the new Chippawa public boat dock, commence construction and operate the facility. This project is a collaborative partnership between the Chippawa Public Dock Committee and the City of Niagara Falls. The Chippawa Public Dock Committee has been successful in fundraising the costs associated with the dock proper. The City funding commitment of 65,000 is necessary to address all site related requirements including parking, sewers, sidewalk links, emergency access, amenity space and shoreline erosion protection. The purpose of the new Chippawa public boat dock is to beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. BACKGROUND On May 30, 2011 City Council endorsed report # MW- 2011 -20 Proposed New Chippawa Boat Dock. This report requested endorsement the boat dock concept plan in partnership with the Chippawa Public Docks Committee and provided City staff with direction to proceed with securing regulatory approvals along with additional design work. In addition this report stated the commitments by the Chippawa Public Docks Committee to fundraise 50,000 to cover costs associated with the construction of the physical dock. City staff have been in actively working with Ontario Power Generation (OPG) to secure necessary agreements to facilitate the public boat dock development. In addition, we anticipate that other required agreements /permits from regulatory agencies including Ministry of the Environment, Transport Canada and the Niagara Peninsula Conservation Authority will be achieved shortly. Since May 2011, the Chippawa Public Docks Committee has been able to raise funds through special events and a Trillium grant. Additional funding opportunities through the WaterSmart Program are also being pursued. Page 53 of 377 March 27, 2012 ANALYSIS /RATIONALE 2 - MW- 2012 -18 The purpose of the new Chippawa public boat dock is to beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. Plans indicating the proposed location and design layout have been included as attachments #1 and #2. Through the development of the new Chippawa public boat dock and associated site works, the area will become a new waterfront park. As a result an opportunity will arise for naming this new waterfront park. With their funding in place, the Chippawa Public Docks Committee is anxious to start construction of public boat dock construction to achieve project completion during summer 2012. The City's share of the funding is needed to complete engineering design (Civil and Electrical) construction of site improvements. To meet the targeted project completion time line City staff need to progress directly to finalizing design details and issue a tender call. As a result staff are requesting through this report early approval of funding of the engineering phase of this project in the amount of $15,000. The construction phase could commence once the Capital Works budget it approved. FINANCIAL IMPLICATIONS This project has been identified in the proposed 10 year capital plan for Municipal Works and is included for Council deliberation in 2012 capital budget. The anticipated cost of the project (including external contributions) is estimated at $170,000, subject to the public procurement process. Costs Budget Engineering 15,000 Fundraising 40,000 Furniture /Equipment 60,000 Trillium Grant 15,000 Sitework /Landscaping 85,000 WaterSmart Grant 50,000 Contingency 10,000 City of Niagara Falls 65,000 Total 170,000 Total 170,000 LEGAL IMPLICATIONS Under the proposed arrangement the Chippawa Public Docks Committee would construct the physical dock to City of Niagara Falls requirements and sub - license the property for the dock from the City of Niagara Falls for a period of five (5) years. For the five (5) year period of the property sub - license, the City of Niagara Falls would lease the public boat Page 54 of 377 March 27, 2012 3 - MW- 2012 -18 dock from the Chippawa Public Dock Committee for a small nominal fee. This proposed arrangement has been developed to satisfy Trillium grant requirements. At the end of the five (5) year lease period, the Chippawa Public Dock Committee will convey the ownership of the public boat dock to the City of Niagara Falls. Maintenance operations of the dock will be provided by City Parks Services staff. Staff anticipate that these operations will be accommodated within existing resources. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. Actively pursue economic development opportunities such as authentic eco and heritage tourism opportunities LIST OF ATTACHMENTS 1. New Chippawa Boat Dock Location Plan 2. New Chippawa Boat Dock Design Layout Plan Recommended by: Approved by: Geoff Holman /David Antonsen Geoff Holr1'ian, Director of Municipal Works Ken Tddd, Chief Administrative Officer Page 55 of 377 Page 56 of 377 Page 57 of 377 _<_<<-m9_$3 zmmmaum...,.,_..m,>:a:&2.83 mmvoxa._.O”_<_m<o«._m3mm_<_.c_8_ma mag_<_m3cmqm9.Em_<_::_o_vm_Ooc:o__ O33zwmmmam_nm=m_Oimzo mcw_<=._.._.mUms_<E:_o_um_<<o:Am mcwgmod_<_<<-~3m-8 o_..:on.m<<m_u:U=omom»Door >aEEo:m__u:=n=:mxmncmme mmooz__<_mzo>:oz 4..25»Emqmncmm?EamnE:_o:m_3325EEm930532$3.082%EmOz?cmém _u§__omom»Uoowc8_.monUmmn_o8<mo:mag. m..25:EmOm_o:m_wcamm?Umm3m:qmQ8«mamaOoc:o=.wo_:mo._o:. mxmoS._<mmc_<__<_>m< ._._..m0.29“z_mmm:m_um__m.Ecm:Em_.m:_v<<_EEmO:__o_...m<<m38:0UooxmOo33_:mm Aovoovmm$c__m:mQm:92mom:Uoox..mo__:<o:303252EOsivmémEMEN.._.:_m ..mo__:<:3Umoo3mmUo_u:_mqU:E_om3m::<mag_mm:_.o<maU<_oom_amwamimmsq3.83 m__xm.Asm3m_.o«=<9.Em<<o1AEmmSamnmxms_u<<o_:3mm_1mmza3m3cm«m2EmO_uUO :m_:©_o1<m.mEsasmmagaosmzosm«mom_<mn_.403Emoo33:::<. USEQEm5.290*B3EmQooxmxumzmsomamo3mamwsmmmQcm8nomzsm_om ?mgcismmU030:2Emgoox8cm_.m-oo:m::o?ma.._.:mqoox_m:92E__<amaaamag ovm«m:o:m_mag_mammo?Eammm:3_o:o:3EmQ29“zmmcm?m_um__m..:,.mOUUOEmm oo3u_m.HmgEm.n_:m_moooczgsoma6?mgcmmzzmmaQ:_o:m_3398EEmmaocio? $3.808ommm»Emcaaoammmmsmxcmzmmm. ._.:mUc?omm3E5«mum:.m8mmmxOo::o___mmEu8<m_8mcEo1Nm_om<3m28Em Quoomanm3m:aEmOm_o:m_9&98v8<_Qm+9E_mmxUm:o__:.=m. m.>oxmmoczu E5Bmmzscoz_<_m<8.3.No:0.200:20:maovnmaEm«mao33m:Qm._o:mmm?oi.3 mac:_<_<<-mSSo<<:_o:q__.mQma0.2m?mm3mm»mc=m:m:m<<PE:mom.UonxBo__:< o:302252Ecmnsmas?<<_EEmOznvmémUc_o__omom”UooxOo33§mm.mmm m:mo:3m33.Page 58 of 377 >:c:w~.3.No;-N-_<_<<.no$.8 O:_<_m8Emi.»mo\_NOo::o__mE:o<mo_ammo:_<_<<-moG.-$sin:u8<Emqm?mm<<_E Eqmozoz.8mQ<m:omEmmsowsmmzzmmagoosm?comos_o:mmmmo.“Emv_.o_.mormmm m:mo:3m:»3. >z>_.<m_m5>:oz>_.m ,_.:mv8_.mo?Ema:o<<Umm:oo3v_m»mgmugom:cmmmmc3mQc<Em9.2o.“zmmomqm_um__mmm um:25vmqxw_:<m3o2.._.:mo:_<o?m?sqsmmmmcmWmEmqmncmm?EamaqEo:m_Esozso sE_o:_<_c:_o_vm_<<o:$m?mmUm__m<mm_m_.:mS._macsamlsmo:o:3mHm:omm.>308%§_3 mxv_m:m:o:E2258EEm_m:m?:03_<:.Um:3%.osmium:2EmO_uUO.mmm m:mo:3m23. _u_z>zo_>Em4>_u_u_zQ_.mo>_.__sE._o>:ozm mczaréElam_2o_.mo32mwso»_:o_:o_mn_EEmBaOmv:m_mama:o<<m<m_.Em«mgcmm? om:Ummooo33oQm»mQ.403m:€_:m33%m<m__mEmEEmOmu:m_Io_g_:m_»mmm2m.._.:m n_m.Hm__mm?mv_,o<amn_3Em:m<<Omc:m_9&2<<o2Am:mm.n.mmmm:mo:3m3«K. o:<.mm:»>4mo_oOO_<=<=._._<_m2._. ._.:m«moo33m:am¢o:_mmo:m_m,m_.:<sEOo::o=_mm:m~mm_o_u1oE<8msmcamEm» .:<mm.3m3mE_::mm:co¢:m3mx=.aNmUm:mEm_amacomam?magu8<_o_mmm:m..mo8«< _m<m_mSmmiom8Em98:0. Em...om>._.._.>O_.=<_mz._.m _<_<<-~3So _<_<<-mSm-$ 8:233onoo.Q38.E:mNo.3.83. N03Om_o:m_wramm”<<o:$:mm, _»m8332a8asRxQmomIo_3m:.U:mo.8?$_<_:1o8m_<<oEm mmmumo::__<m:_o3_:mo: Xm:40.3.029.>a33_m:m:<mO3om« .4>.°’.N.‘ m.$o_3m:Page 59 of 377 V‘z_<<-~335 25$»:52.38.no: ...z.ZZ mmvoza._.O“0952om3_<::_om::oa.oi. man_sm3um_.m2Emoo33_:mm2Em<<:o_m 0.23ziumam_nm=m.0:810 ._.:oBno:.5n:nm._o2m. oo:8_:2._5ER3.3:<33 mcmz?amom<u_<_::_o8m_<<oEmUmnmzama O_m:$Umum_..3m3w._aEmnEnc:=:§omwan 32:2.3.05no::o= mcmgmod_s<<-~o:-~o tnouommazm<<oiuumimmom.coax mmoo_s_sm2o>:oz %arm.oo33_xmm?mooaamza8.azaomzozEm»oocaozmsaoammEmnoaomur _oom:o:magEase2EmEouomma:m<<o:__8m<§E23com”8%man mzmacmama<<_EEmO:_nnm<<m_u:c=oUonxmoo_.:3§mm. m.0.2maxuma=mo.ma8EamnmxmmO_.0<<:_mmmmm:m:cm3m3<<_EEm_<=:_m=<3 zmES_mmmocammE23mzgmmmxEmoosmma2oEm_.muu_,o<m_mmmzamm. m.._.:m»Ezq?nP:Em92¢uoao:2E5u§.mRcmSqmzma8EmN3»o%_a_ mcqmm.%_ama,a8. A.?anQ53.oozqco?mqm<.m<<2ozézmmnumiamo:_u83m:mm»moEm,m:< Boaaomzonmam:amSoo_?oE.HmaE8Em9.3.9.man_3u_m3m:.maSiamEm u8_.mo,ooswqcozozuzmmm. mxmnc:<mmc_s_s>z< ._.:mOzuumém_u:_u=nmom»UooxOo33§mmam:o:-u8..:905.2naumsm.39385 EmQm<m_o_u3m32m3:.:m_ucgo..._oo_1mo__:<.3m_.amq8.3u8<mouuo_.E::<3.26:0 monmmm8Em<<m__m:a222.._.:mEduomma_oom:o.1o3:maoox.mo:Em:o_.Emam2Em <<m__m:umzmnm_o:m_u8:.9%..mamomi8Em<<m6:E._m:95%.damuaovomma m:.m:mm3m3EmmEmozuumém_u§_aUoox0o33§mmno33.:mq8E:aB.m_:m8.Em 8%noao:2Emn8_.mon._._._m,.mo=:<<<_=m_woqmncwmEdam.umzasc.mamsax=28. m3m6m:o<mnnmmmmagm3m::<mumom8amoozmzco?mam_o:mEmm:o~m_Eonommq8cm 3333Em3:an€m_:<. .25com.3EmEouommaaméOanumémcom"aoox_m8cmmc=2Em<<mnm3.o3man 22amHoczm?<<_Emaa:_.o:m_ovnoncazmm8moommmEmccwimmmmm2ozuumém.5 252.8.Emm8%29.:u3<Emm3m6m:o<mmqsnmma:§E3:2moommm.8Em<<m__m:a _..a<m.. m>oxmzoczo .3~2900:30:qmomzmnmmmzmm2qmuonmonEmEouomma.m_oom=o:2Em3:39 o:€vm<<mm_>-muo:mo~mQuomaonx.ooc:o=.m32.2.saw8SE3Em.«o_.3mq8%8:m. o:n.:m_.0320:$05:mamSEm<<m__m:a2,63manEm»m05.ooaa?mmcm83.38 mw?mgmzm.968::Em:*9n:c=oaooxmm_o:mEm<<m=m:a222.=msocacm:o.maEm"Page 60 of 377 .538.8:.».z2<.3:.B Emmo:Emamcommgoo:Emm_:m:m__mQo:_<_m<8....~03E88:Em3.3mmonm3 _<_c:§nm_<<oEmma:m:aEm:_,m...n:.m~m:42:maze:AEo:_num<<m. m_:omOo::o__.m39.892m.m:.:m<_:ccmm:<<oE_:m<<.Emmqoco.392:mmEmO:§om<<m _uc:=oUooxmOoaa?mm.ma:am<m_oumamoo:om§Em:Em:m.Em~moEmoaooommn:92com:non:o:Em:o::mamSEm<<m__m:a:22.m_o:n18:.w=mm~mgmoma8Em <<m_c:E:m:mzdmm.a:_m_oom._o:3mm.mEm:mmomoqEmu_.o_.mo»USu8<_&:ugoo:cmmqw <<.Emoommm6Emo:€om<<mucmimmmmm.m__o<s:o<m:.o:_m=mnommmEam3m_.um:o<mm2_nmw m:om.<mmm:o_ono..E:=<8:mmS:.<m:a8:2Baummx_m,_:c922zmmnmqmmg:.23. ._.:mEduommooo:omEEm:%<m_%3§EEmOzoomémhugeUooxmOo33§mm Eo?qmmEm8=o<s:um_m3m::m“m:m<<.am:Eo:-=om::9moo:<sEm:muo3x_::m~m _m:mE38333.momE.:omqmm.mEm<<m_xm.m_oox-m:_mnmammim:em»m<<m<8Em goo?.:«o::m:o:w_m:mmm._E:::mm:uRoan.m:_mw._nE.Em:.:o_.m.EmEouomm:oozomo. Em::mmcmm::m<m.o_omo<<_Emonmmm_..Q_:33:ms:<< .cmno3v__m:Z<.EEmmm:2 >oommmE__=<Umma:msamameupomv.Emc:E_:moooE:m:~8.:923::.o.nm_..mo§_mm. O:_<_m<PNEE.0.?am:8:585:Emm.mxm:o_am.cum::o:mm3mm::u:86::<Em o:§.m<<m.uc_o__oUooxmoo33§mm8..mom.<moo3:..m:.o:EmEouomm::m<<o:§om<<mmom.Uoox.a:m::mm._:oEmmm:m:am::<muEox::m.m_<3=3.Ecmam:o_:o_cqma O:_num<<m_.mmEm3m.::m8:m:~mm::«mEmmm::m:<mm20:520_uo<<m.mm:mS:o:. m::m6m:o<mm2_ommm:aEmzmmmmamE530o::::.mm_o:.._.:mno:=.:m:~m_.mom.<mu:63 Em5.63039oum::o:mm3mm::mEmqmm:o:c_<m:o:o_.:<m9.Emuaouomma:m<< 0:682»com:con:Ammmm:mo:m&. >z>_.<m_mi>:oz>_.m :5oczoommQ.Emoaoomma:m<<O:§om<<mcom»goo:<5:83.2Em<<m.m18:..ma: o_.o<am8::m"m<<_Em:o_:o:m_oooonczamw6moommmEmccmimmmmm2o:__oum<<m._: mmo:.E_maoox<<o:_Qu8<Emm3m6m:o<mminmmans?cmnmamoommm8Em<<m=m:: :22. :.:moaouommam:.m:mm3m:.aEm"Emo:€nm<<m_uc:=oUooxm0o::E.:mm§__E:n=m.mm 8..Em::m:o_:mSEm_o:<m_om_aoox.a:m3::_o_om_:<Eoca:m.mmuo:mE_mBaEmEu _m:Q..E028em;Emus!a5:9,._mmn=:n8Em8%.4:mnon:<<o:_Q:mm_:::_o_cm_ mmmm?«Sam:0.2o<<:m.m:_:.<<:_o:<<ocE:m_u«mo. .mnm:mmam:oo:mm::.403Em<m:ocm.uomm=o_mmnu_6<m_m:Eo_.=.mme<=:.m:<o:22.3.mmmoc8mm_O:8:o_uoEm.®m:m..m:o:. Oomm:mm:om_m:m:mm3ms.:.:m:::::o_um_:<Sosamacommxumo?mq8W95qmomi?*2 EmE::S_m_:o.:.:m:<mm2EmO:_uum<<m:3508.6oo33§mm.32%.0.2km: SosaQmmzmEmamm?:<<oEm:a_mm:mmu:8u:m»m"mama8mmmEmu8_.m983m8 ..EEo:. 92«S2:3oqmnmamamooznmonEm:EaEmoonxm:omc:.o::o.:m_m::w.mp._o:: >E_oc_m:ommaEm36m§_8zo...._.._..mcan:<1:cmoo:m:=m:EEm3::m_amm?: Em::.cmnmmm8m:mEmEmmoo:ms:32%mmon:?mo«O:m:._m6m:o<wm2.ommam. _:ma&:o:_m_.m<_m<<9.o:-m:mm._um.._::uo:_u8:_m=mm~:<.:.m:mvo:m:o:mmiomm_w .moo33m::mamoEm.m:<Boo?ommozwom:ummzno?onmnmaE8Emamma:m:a =:o_m3m:»ma:c::mEmu3_.mo?no:mE._o:o:u:mmm.Page 61 of 377 2_m<8.no:..u..<_2.§:-8 m_z>zo_>:..mm_>_.__s2._m>.:ozm :.:mEovommn:m2o:?um2mcom”goo:..u.no.oc:m:=<Ezamq35mMo:Omn=m_ma?a. :a__m~ma22:5Emmo:mmuzm.9.89mnamsacs...._.:mu_.o_.mo~2.:cma_ma38.2.:m 8::oo3_._.53-<mm_.omu:m_Em:2::~:mvomm_c__5;:m.:2o:_acmmvu_.o<mQ5MS».._.:m m3§_$.8mom»23mu3_.mo»::o_:a_:mmx83m_ooaiuczosmv_mmm:3m8u2E8.89 m:E.mo»8Emucc__on3o_.__.m3m_:uqonmmm. ._.:mO:8um2m_u:u=oUooxmOo33§mm:mmm?m?mamno33=3m3823533..3Em :m2sagaooxuoao:2Emu§.m£.4:m<m_cm9.Emmo33=3m38Eaqim_m mzzo??ma8cmmcu3x_3m.m_<mmo.ooo.2::.:mmzm22.6¢:m0.2uoaoamm:3m.mQ2 $989 383.:Emam<m_ou3m33»:muqouommq:m2o:_uvm2mcom.8%.m082:_mmmm mzmzmmami_mamnaqma2::.:m_<__:_m:.<222:6.mmmocqomm.2:8:2.:n3<amEm 3:ao€m_:<2::.:m5:.8ooo:u<Em<<m__m:n.2<m..8..82Emoc?ommomnozmqcozzu mcom”3%.._.:mmm:.m:mm3m:.2:.smmqm::cm_«m:m2m_m2::msmmmooimammm.<98 cmum.m.3.:mQ. _:moaaoz.:2___m_moumzmmmmmma.8qmom_<m3%.».mnu3<m.:63._..m:mco:omzmam. Oommzmm_u_m:m:mm_uB:o:_:32Sm2mS.©mEmsxmnmwm.U8_ma:.o:>2.._.:m_.m:52cm 2:3nmzzzmo_.m_2u8<m_mqmniqmn81:mEo_.mo.. >mSm8o==<22am3::_m.um__<-o2:ma.m?mn2.:amEmocmwimmnu3§_m83mmm:_.mm8 33.mm.mEmzwxm2::5.5m:_.m: n:<.mm:~>..mm_ooo_sz=:smz:. _u83o.mm2m=m:mmmman.ovuoncsamm82mo:<m__<Sm3u8<§:umonmmmim..m2mm:o:m_ Bo.__:mmmagmqmm:mvmom8a2_mam..mmm=m_.mmam3m >o:<m_<ocazmmoo:o3_oam<m_ou3m3ouuoncazmwman:mmmczgmzzomoomagImamnm ._.oc:m3ouuoncaam. Cm...om>j.>o_.__smz4m >zmn:3m:n3Pouommazm2o:€cm2mmom"Doorroomzoz_<_mu >:mm:3m:~umvqouommazm2o:€um2mmom»Don:OozomunEm: >:mo:3m3.3oo33m3m=63SmPiaOnm:Iocmm ?\V\ WomoIo_3m:.«mn8~om_<_::.o._um_<<o_,xw _umoo33m:qmn_...<”# wmnoiamzamn3:cm:01am.2mm E13?»mmmumo:.:=<2...3E2._ xm._.o...E.O:_m?>a3_am:m:<m030$: O>\O=0I Page 62 of 377 I-<nan» _<_<<Iwo._‘IMO>._.._.>OI_<_mZ._.E Page 63 of 377 iaaais.LNOH:I V Z#.LNE|WHO\7'J.J_V OZ"|.|.OZ"MW Page 64 of 377 a( o:_Eu><<>mcE-_ouooxmoo_<=<__jmm .25Q50:333.2.8ass.8»:3u:.<w8899.nnmnonm?a??35....a u=c:o\u:<§auwnaoaiu£3.EnO5.o».Z_.umwEmm__mEa<w1o=uO99.mmoaoam8 c_.o<Eomoaioo252%”mwo_.::.8m_o=mEaswarmo».:5¢<o=§mW_.<2ES033322» 9.85E0.5.35»._.=._§BE.:588.3Enwon:omE258%aa:u_Ea :=Eo<oBQ:m93s:.=9:92223%waoomm3Enwage.§o_=&=mE::25:23.2 32.3303.Sm?zm60933.aanamonov._un_.mo==o_.mmraasoaea55:8wooommE=_.Q m=&<E:w_m. ,:._m8Bawzzacon2«<863.9.22ea§&<E:w_m¢<:_cowin8P355aa:5 O5.8caam5%»ma»._.wo=Enm8_.ow:Qeainnaoo?wmnmo:8am:ccmm8.. 3.22.2.E5‘2552amBoaaam.E3825%V55.8:888"Emooasnawrongon mun»:8canon9:.$E8Q._S:<82:33.5E03303. >._._:......Max.\c.oEJ¢.mu. was: <4829.33::m_.om8n_5wmmwmam=8OEEES»E23UoaaOo::=58E\ OOSZEZH .r.s.... ‘.L\...._\.¢ Kat‘.........1..Page 65 of 377 n,_.:_Eu>E>?r_w_-_ocoaxmnQ<=<__.3mm. .25Q50Sam33.88o<n_.mom:5u1<»83228muo=m§=c.om§.:=.=w n:E_.o€:<m8uw:=aB_._.u«<3.so05cm255ma;easiocm2:2$25.28 u_.o<Ea32:53_§§=mmiaaEozmBocuaacm:5sazaaE<$E80582» 0235_.=0:_.E.m<§._u1=o€m__<.EmmaE8:5won:owucc__.onewea5.83 ~.Bc8<aSo:aEB§.=»=o€s.m8a_.%woonmmwonanu:E_.o.§o_:&=m9:=2=B:8.9 m§33n..m.<_.m_.=.am_§_....a.oamammsnw_§.mo=:n_.ma?naoaea:B:&w88m_.c_.:.Q _.:&<_.a=w_m. $.20mana2:32a.£83ccaaommomea§&<E=n_m5:._unmg”8mmm_.£5BE:5 O58gnumamaman»:@a=.§8$25eainoaoo?wmaV5:8m_.m:cumm8. :..2a.&3.5.eamannasEnamzm.23%same:<05.cease.83:8339:$52on mums»8ona?.OE.§.a§§§a.93.2_.=».o_._.:w:.o:.__T..r>. Zn-soA./C\\/C./<,\?‘ >253mg”LX/\._,army._n. (tau TNHAin/ 5.2.2..\Dmi!N9‘.UK:WM£0. Han:5../C.../<_.<n.1‘..:(JAu.v-AIC:) _>.<n22.:3..=8_.ou8mE33.5:5OauuwéwEzaUoowm003358B OOEEHZA. .\./J._.\.«,.uLeCtr/JTa.vT_w.+*nn.(12.2V \ 2?[w:..</.»l.rvr/C$wJ.</F\?+r...%_;..kr.r.}rx?\ |r\»J(<....r\\n|<).rMWm.h.4Fv?c_r£:‘.\Page 66 of 377 o::%>S_.>mcmzoaonxmoo_<__<=jmm .259502%33.2.832.manEn_u:.<m8808..8muo=m_.c_.:.mmm«<55.m v:¢:o\_u:<w8cE.8n_.mEu2::SaO3.325%.3%ea?iocm2:3mmauaom8 _u3<Eawagon2__§§=mmuo=..:.amEoam:535.23.9»c<o=w:mW33ES0.125%» 9.85505352».v:=o:uw=<.EmmaE8:8won:omega3%2...avian =:u8<mBo=$Em:§.=mzoiémaaaowooomm3=596:?Eo_=&=mcc»:2__.a=&8.. m§.::=mB.smE=mcoma?oaaqmna?uaaosamr3.53%ea__.:_:8mo8mm_.E_:< §&<E:»_.... .288manuacac?.9.2»:ccasmmmnmEaE&<E:»_mSEan3?.83%.EeaEm QQ8gum:58man"».§_a$823:?2.5inn_._8=SmaV5:8am:.68n: EaamaaEAQea23%mBowman.E8838%V65,noise.8eaooanaa£592 munsw828cm9:3E8nB§<8«S335Emonammon. >.:_.2a.E.Z.£.n...n<r.....I»m.EvKmwf. EmeM5 5.26armbms-Wu.m?WuV?» min: 5<oSosacomanqn?oa3wmmansm:5n_%E§3.20UooxmOoBB:8oD OOZZEZH My.+\...n«M.(om_W\rf-Vrlr.~vr-V\mL,. (we.flunkU|rL.v.Jr.¥n...)».(..,...a:.|.o.s,Page 67 of 377 «,_;\I_“..J.Tb,<,,.>.\.,,§.,,.§.._amgxm.oo§_§._4mm .26Q50.233:33898..manSo_u:.<n8$22a§a=.=aa3.3:n v=c:o\u:.<Bouwanoaius._.=_:5Q?3.25%:E:2:.§:.o=m2:3mwoaoam8 n3<Eo82.8o==w=c_.=mmwn=_.:.omEoam:8gas3.5€a__2aW29.3805252» 9.855oznuaim.w:.=o_.uw=<.:583.8Sowon:on95:03%nan€_2a _..=v..o<oBa:a:5.SEn=9<Smaaa...Exam3..En_.§a_So_c&.=mE:.8.__.3:2_2: m§::.=oB.iwinmcoma?oaonmoaowcoaoaaor35%“:ea==.=.8muooamm_.E.__.a. _.=&<E:w_m. 188Edw5339.cm28$cE_.:n..mnmwan:.&<E§_m§.:somc_aS3%.5ea25 Q?833:88man.».wo=_.:$83w=Q2ainnzoc?mmn<9.8am:cummus _.=8=u.m8a33.ea23%u522.».28%33%<2:8=8£8:=.m8859:$592.muamx826omo?3n8ma=S:.<om3.25:2_.=mo_.3m:o=. 25.3K\0x4»m.,\®\Hkux 25::xxWO\mrcm>FEX.Rm [NTN.\l.m...\\\m. 36.M3n\:;...-m«cQ_._..2$n man:.\._»u\:x?iwk»faarmNH...WA. SamSosa3=.§$§__.:»mm_.m:.=m:60323:.»§¢_aUooxmOoaaioaU OO?=SMZ,—.Page 68 of 377 .M...,.:.w_u.n.>.,.~.,§,Ewanccoxm.oozanjmm .25Evansaw3:32.8o<o..man:5E._.<Ba829.8%onw..E__.n.8£959 v=E_.o€:.<w.nuwnanazvin.:6O5o».Z_.wm»..mE;23?iocm2:2£2538 _.:.<.%wa_.<..ononrwnaam99.32m_o=m:5cmaao3_._n€3.2335..ES.Ozunm?w 9.85503.25%».3535.9%E8:63.3on_.:_...:oas»Ea€§a :=v8<aBm:.mEu»2....m:o£E?oa?omoonmmwon:895:9Eo_=&=m9::2:::.3a8.. .€<.§BaB.Sm?am32$.naonmoaowvQ.mo==a_..233:sa:=,:.8mmoo8w_.E:Q _.:&<E:w_m. .25..»9.6m::Bwm~om«<83ccmiommow2...:a_.<E=m_m§.:.8ago82%.cmaa:5 Q?8can980mam»:m§_=_.a8_.am:J.Ba<<0nznocammnV5:8am:.6am8. _.3n_.om8auw_.QeaE95»Bnomnm‘Enmmaways:V55.2.5898E:8332:2529. $3»8S62.2:8u8mo=S:<om333253323:. 2wEoHI‘I\U\\m\PW _ KVtVa\. 25::\§mNNMMRR“(LNVnmgk &\J\.(.Qxx\l K.mmM.R 2.2.1W5“..wmun‘%%.+\\% H5»:Ins§§~mQ\E\\§\::.NAP <<<¢28:co§§,nm8aEwmamasmSn0EEuw€mEgoUoowmOoB:=.saa_w\ oozzmza x\§\33xRC:xwxév\W\n\..\.o\~H9‘mmxmxauxv H?vQRoAm ins Page 69 of 377 aIMW.m<,_.,.<..&...,UCmr _ ODCOXm00Z.2.id >3 ......_..v:\\.v\\\ .38Q50283:538o<o~mooEau1<m882.:§_8a__.=a2«<55.m n=v__.o\n:.<£wvw:=n~mEn5::=59.?omzmwmwqwE;ea<m:.o=m2.5.$2528 u8<Eomo_.<_.ooo==»=n_.:m»,mo_.:.aomaonm:53:33.5m<<o=m=ax_.<2E803.252» 0:355Oiuum?m.§._§2__«.EmmaE8:6moanon.22:non»E5:u_m=m _.3u8<o=..o=.m32SEw=o€S?oaammoommm9..9a_.._:a.Eo_:a_.=m9:=9=a=2_.9 miaana.<..m_.:.am.823.naaamaanz_§.moa=n_.«£532.ea=::.8§§§__2 :_&<E:m_m. $53manuscacnn3»E35€2,038ea=a_.<a§_w<5:3ma?8wmmanFmea:8 QQ8E...»sownmug:93.328«nus?25sonzoo?mmn<2.8am:an3E. ::o_.8.mn_wed.ea28.5a3&5.Eawmnmama:V55.8:328Eu8332:mannaonmuoww896cmE.RE.8o=§:<am2mice.Smonsuaos. ZnannhPo\ >._.._.6uu¢\\«.\%XWNVVKQ54\x\\\«w\\.\%&R. 28.;a...%§u«\:RsEn.mouw..m\\.Q 1|]man: :2...<<D=_Qan_.E2nm.2_E8..=,mc.:m:5053%3.2308.8Oo3::.znnD nozzmza k&¥.2xn.r_x.EEm.AK..¢wxxxx.am? EA\X\nNufsx\xk\\L\_\.R.\Eax\\.....nnn.k.\\x.«3.C 9%K?x\mt§m\9Y.\...:.~.X9. 3%\mAArNur.u\RACK.mS\r.o~r.\S\ .\&Sn\.W.$3 n|’.III|I||B.i‘.|..|I|||n!’I Page 70 of 377 OI*mUb,.<.,_§.YCm7.OSO0.mm3.3§ _ j.mW . .,rVP....\\ .25Q50538:538o<2man:592%$28.._.o%o=m..c_._:_.om3.3:» u:c__.o\E._.<u8nwnanaiu2::EuO5%z_.2u§3....eaSiocme59.mmosaom8 _.3s.%ma_.<_82.55.53232Eouw:5«viaowEaséeaE5:E3.0EEx:<m 9.85SOzuuwiw._.:.:o€w__v..:588.8So8::2._..._.__.a3%ea£228 _.B§.o<a=_o=.m:5.2....u=oE<§n_.mEnmoonmm81?98:9.:_o__a_.=w:5=3__.B:2_xx $<_.3=§m.Su?smcoma?oaonmoaov.vo_.mo_5n_.5.53%ea=B:nn_mo8$_.c_.=.a. _.:&<E§.m. 358Eda5:82owéuwmczmiamwnmea....a_.<E:w_m,5...an«EH8wmmmmncmBa:5 O5.8can:58man»,».wo_.=zom88m__.Qeainnaoonaumn<2.85..E.8E. ::n_.nm.3.85.2a32...m8856.E333%:<2:means8:58339::39. uunmw8can2.9:.%a§§_<a8..3.59.._.=a3§..2_. :35axwnxw..." m==.= _><a:85ca_.._..2...%.___.=$.932.5Oiuuwim3.59%Oo=:=_.:oa_U OOSEZH .x ‘V.\wX..?n._.«.n.\Dw«r\.:.n.~x,«<...‘N\K..5$5\.§.m\P>.\ :\..\:..r.Sjxuk._\\:..m_LrqTm3;:Q.I.:,wZN.x\..m<\SKm3.: K. 4E\2.n..n.i.Rio:.>n\Eku..n.x3.\\,...,mxt\?;:.&. :L:$\.@..ON,5\...:Z&\.\\.::3.w~..~K./&Vm.\$._..V. -K.32.x:..\\c32:3x\%AmmX\03\3_\%\\wm;3.8»AW §;.\_.\x\w::.S,@....\,N3%.\:ML.A.DQ.:&w~:.§\%\\F \\\.\R,§:.:a.&.\u.~Ax\®m.._\%\.\~?Qxx§...w.q.?3..»..J :._.,.,n>\.:m::\>m.;m.ii.n.....:\w\\\.§...rm.....\w.3xn. rx>m.+3:_.m_r£31\L.~.nx.%\.¢W.m.&.mv\_\:m.\A..‘.3p\.:§. 3..:,\w&$+:xW.Qxmxwx?xmx.?.$\\v\§.E.$.Page 71 of 377 OI:£u><..,.€,ncwznGOOXMW.ro_<__<:-3.mm. .26950(<332:38o<o_.won:5c:.<2nmoon...8muo:2.c_.__.c.82:3:w u=c__.o\u1<§nvwnaoaiv3.5:5O3.owz?mwam3:...ea<m:o:m3.2£2.238 Eo<Eommnsoaosrwzoimm§=.§aonm.5»358on:5€o=EEw_.<m_.ESo_._._.E§ 0:85E05.23%._u:=a_.vmE>EomaE8:8won:2...__ga8%2a%_2a _=68<m3m=8«E:§.=w=3<s.w§.mEo83%men:5_...=E_.o.Eo_:&.=m9:.8.__.a_..&.9 miaama.<_.m_.a=mao?oa.oaonmoaneuoaoazmrmmronsnaEa=B:n.._wS8m.E_=< :a_.<E:w_m. .258Ed»23.3.cm53$ccaznmmomaaE&<E=w_m§.=cowza8Pmm_.m.cm2...:5 O5.8clamEmmamam:@352.8:..m__.QwanEaazoo?mwoV5:8aw:5,mm9: 533%..3:2ea88.5m3855.E8333.<oE.8:898==.m8339:£529. 25%8cancm2:8uamm:8:<ou3.m=:_.o1=mo:=w:.o=‘ E.2.55 >.E..nuu 35:5n HE»: ts,»5:5..1_.a§§_553%:5Oinnmim3.2:08.6Oo::=_.:on OOZZHZA. 11!}...x\ .\iu..Page 72 of 377 m:guv><:ymcwrzHcooxmmxgsgzg?m .259.002533.38323.1.5u:<m8£38..3%o=&_u:_.n.om£55.a u:c:.o\v_._.<w8nmnsnaauSE:5O3.325%.3.:BE<w1o:m2:2£2.238 u8<Enm2<..oao==w=o_.:m92:23aonmEngas3.2520:2...562SE.O?wumiu 0305EO_=.uum€~.w1=o€»__<.EomoE8:5won:cmwageas»man=Ew:a .3u8<oBn=a:5.<1:mzcsEmaumammoommmme.:8u=_._a._:a_:&=m9..=2==:8a.9 m§.:.==aa.Smazmcoana.aaaamna?vnaoasnr3.030:ea:B:&woo8m.E_:< 3&<_.9.m_m. .258?nm:53»ow«<3;ccaaommnmea.=&<E§_m§.=soago8mmmi525:5 O38cnam58...9.8.».mo=Eom8Suzimansoozoo?mmoV5:8am:cummas =:aSm8._33%ea£83a383.“.Enwmomama:V55ooawa8Eu8389:manna2 muamw8cancm9:8E.8o=.§<om9.2&5.Emonummoa. >m%mum $3-.»3‘$nmbu\N maa_mm»mmmmn<mxmwn:mmwmmgum \3\§mNm:\mx©\§¢3nC\.A63. 38:»u _><nSosaca_.=§.88m_.:Bmansm=5O_:.E.m«<m95:0DoowuOo::::8om\ GOSEZH Page 73 of 377 ®\_s<<.~SP3 Zmmmmn&u==2.20:3.2:» :1... xmwoma40”_<_m<2.._m3mm_<_.0888. man._<_m3wma2Em_<_::_o_um_oocsoz:5.mno=_a2_.§.o=E 0.?2z_mmmEnm__m_Oimzooo.§_._?.3...”3.5:52»mnounmn3.0.?0053: mCw_<_:.._.m_ums_<_::_o_,um_<<oEm mcmgmo?z_<<.~S~-a 2m<<o=:uum<<m_u:E=oDoorUm<m_o_u3m:.. mmmo_s_<_mzo>:oz 4:2m8:cmm:Eo:~mu8oo3u_m~mEmmzuimmzzm25$aabos2Emzm<< Osinmémmom:UooxmagEmoosmqcozozmom?mcmoozwamwmgEEmM3»OmE8_mama qm_EmB._o:m. mxmoc:<mmc2__<_>m< >E2o<m_o2:mqmooaamzqmaozmmamzmommwmé8m:m__Nmmamimmzsoamm?z813m:92 Ozuumsmucc__ocom,goofno33m:omoozmzconozmanoumazmEm8.<.dimuS_.mo? _mmoo__mc2m:<mum_.Em_.mE6UmczmmaEmO:.Eum<<m_u_._E_oUooxOo33_zmmmagEmQ2 2z_mmmBmmzm.armOE_Eum<<m_u§__oDooroo33_zmmEmmcmm:mcoommm_.c_E 8:n:maEoEmcomammmoomzma,2_EEm3%Eocmr._.:m9282:8oo33=3m22 emmbooH:mommmmQ823.6%m__mamam_m8o__.mnc__.m3m:83.5.8amine.mméma. mam<<m_x=:_8_m3m6m:o<mmommm_m3m:=<mnmommagm:o«m__:mm8m_o:Eo?mmaos. J_.:mucaomm0*Em:m<<O_._§om<<mu:c_8com:8%_w8585.2Em<<m..m_+83man u3<Em8c_._m8<<_Emaa:_o:m_o_uno_.E:=_mm8moomwmEm_u:mEmmmmm3Ozucmsm.E on.E8uoox<<oc_au3<amm3m6m:o<mm_.<_omm~mm<:E3:2moommm8Em<<m__m:a m>oX0WOCZU O:_<_m<mo.No:0.2Oo::o__msaoamqammo:n_<_<<-m2So_u8vowmQzm<<Os?umém mom»Uoow.._.:_m_.muo:wmncmm?mqm:goGm3m_:Emcom:3%oo:omEEm:Evm_.EmG:.u <sEEmozuumém_ucc__oUooxmoo33.:mmman22380.2m8:2::a:mQ_o:8 Eoomma<<_Emmoczzu~mm_.__m82m_o§,o<m_mm_o:m<<_Emao_=_o:m_$99.50:».E3.3.0: Ea«mno:mamaEmno33=3m:$3EmO:__oum<<m_u_._c_8Uooxmoo33Emm8E_,a$_mm mmoboo8oo<m«comammmooazma2::Emoozwrcmnoz2Emu:<m_nm_3%. 0.2mam::m<m5mm:3mo.._<m_<<<o..xEm<<_E0:810noémaOmzmamzozAO_u®V8mmoc?m smommmmémm?mmamam8«mo..88Emucvzocom»8%am<m_ou3m3.Emnaao?Em mzzo?m?mEm"oEma?mgcw?mqmm«mm3m:.m\_um«3:m:03?mo:_m82mmmsgmm_:m_:nEm _<_E_m.:<o3:mm:<_.8:3m3_?mnmuonomzmamman.Emz_mmmavm:_:wc_moo:mm2m:o3 >:Eo:€2.:cmmo:_m<mam_..o_.:<. mEom_<_m<8:.Emo:_uum<<m_u§_aUooxmoo33_:mmEmmcmm:mzm8B?m83% E8cm:mumo_m_m<m:..mmzam._.q..:3Ema.>nE_:o:m_..c:Q_:oouuonczammE_.o:mEEm <<m8.m3m:v8oB3m?mm_mocmimvcqmcmq.Page 74 of 377 233:8.NS».~-_sS.~3~.$ >z>_.<m_mi>.:o2>_.m ._.:mss?ommoqEm:mSO:_uumSm22.0com»moormm8_umms§<EmSm_m1_.o_:mag 22amSszm?mS_EmqQEo:m_onuonszamm8moommmEmcsmimmmmm3OEEomSm._: m&_,_o:.EH8%Sosa32amm3m6m:o<mm_.<_omm.82S_E8:2moommm8Em<<m=m:o_ 222._u_m:m_:o=om::mEmEooommn_oom:o:wasQ86:_m<os..:m<mcmm:_:o_somQmmmzmozamam3man.um. ._....:d:©_.._Emn_m<m_oo3m22Em:mS0:_cvmSmusE_ocom.aomxmsommmomxzmaas Soza.Emmam<<=_cmooamm:mS<§m3oaum}.>mmEms:ms03.0333<<=_mamm Ea:m3_:m_E.m:mSSm~m_+_.o3umqx. <SEEm:Basin3_o_mom_Em03%?»_usc__ooooxmoo33Emmam:x_osm8ma:nonmzsnmoso_.osc__ocom»mooxoozmqsozos6mo:_m<mu_,o_.mQoo3_o_m:o:958ms33m~mos. ._.:mO=<.mmsmwm3EmE:&:m_msmmomo8no3u_m~mmzmimmzzmamma:Ao_<._man m_mnEom_voo:m:so:o:Rm..3u8<m3m3m.doBmmzrm?mamnmaEo_.mo8o3n_mzo::3m __:m92uniammo8Eomammma__.mo=<8mam.Emamw?z%§_mmam.mmsmmmam.mm... >mmEms:m?mmmamamosmmssmE35:EHammo:mm:<mun6<m_233:52Em msuimmzso25$9.E5u8_.mon_.:Em38:23a._989«Emoozmqsozozusmmmoosa oo33m:omosomEmOmn:m_<<oEm9.89:muo8<mo_ _u_Z>Z0_>_u=<=u_._o>.:ozm.. dim_o§.m9Emu_omm:amaaaEEmsaouommo3<mm~omn=m_Em:2:_<_s:_o:om_<<o:Gmas_ .:o_samoSqoossmzsm_=om~mzo:.2.83omn_8_9.82.gmmzzoim?mqmom”2Em v3_.m2a:o.so_:mmx.m3m_oo:E._os=o:mv.m8§§82?asco.msEmo~8Em93.3 uaoosnmamiEoommm. 08$mssnm» msmimmzzc«$.08ms_.a$_mEm$980 _us3:Em\mns_u3m3mmpoood.=__.s3033$908 m:mSo;Q_.m:omomu_:o$980<<m.mSm3m:03:.33.8 oo:..Emm:o<23.80.29.z.mmmEmammmwooo #03.m._3.8...33.m:.o.oom._ rmm>_.__s_u_._n>.._ozm cam:EmEovommamzmsumamaEmo:_E.mSm_usE_oUooxmoo33EmmSosaoozmzso? Emn:<msom_soo_1o05‘2z_mnmSmm__mSmoswmsmamwas8332.3Emo3um:<3..Emaoox:03EmQ23z?umqm$53:mumzoa2___<mav<mm_.m._uo_.Em:<mA3<mm. 22.89.EmEoumn<msc-__nm:mm_EmQ22zmmmmqm_um__mSosa_mmmmEmssgocom:Page 75 of 377 2.22.N4.83..,.._s<<-uS~.3 aoox:03EmO:_vum<<m.u:c__oUooxoo33§mm2:m23::o3Em_?mm.._,:_mEouommn mzmsomamaEmmcmm:am<m_o_umQ8mmzmé.2.63Ema~mn::m3m3m. ZEmma2Em=<mA8<mm~_mmmmumzo?Emozuumém_ucc__oUooxoo33_:mm§__ oo:<m<Emo<<_._mG:€2EmE23com”3%8Em0.2Q.z_mmmB.um__m. _<_m::m:m:omoumaaoam9.Em3%<2:cmua<a2_E0.2umzamm2_nmm?mm.ms: mzzo?mnmEm.Emmmoumqmzosm2.:cmmooo33oo_m"ma<<_EEmx_mE6qmmocamm. o:<.mm.:~>+mm_ooo_s2__:smz.. 30303mémqmzmmmmanouuoncazmmBamo:<m__<Ec3§.o<aEmmnommm_c_mqmo«mm:o:m_ En..mmms;Emmamvmom*92.33mm__mammamam. >o:<m_<ucqmcmmoo:o3_oqm<m_ou3mEonuoncsammman:mmm:Em3_omooman32.3% 8:33ouuonczamm Em...om>1_.>o:_<_mz.8 9zms03.252»mom”Uooxroomzoz_u_m: NZm<<o:§§§mom”UooxOman:_.m<oSEm: S Omen:o_:mm:_U:mQo_.9._<_c:_o_vm_<<oEm >_%3<2_3:{: xm:AE.03.2>a3_:_w:.n:_<mO3om_. xmnoaamsamnE: QmozIo_3m=<Dm<E>:8:mm:Page 76 of 377 _.. .2_i/:,,.;::_....:.___,. :3no: _<_<<Imo._MI._m>._.._.>O_.=<_mZ._.3 Page 77 of 377 P-??2011 NEW CH/PPAWABOAYDOCK FRGNTSTREYmammu Fn¢Pose:LAvouIPuw Mw42o12¥18}\TTACHwM{ENT#2 Page 78 of 377 12532..3...ru1m|.ml.0.. 2a._éA.8mno_33_:S .33omo:_._o_3m3..:3o.8.8; _u.8o§3_<_c3.o.um.<<o3$ 0.20.2.32»3%. 0.3333% 0.5.2333 03.3.3323.uc.u_.oUooxm0o33.:mm. _<_3Io_3m3.3m.o__osI._u3.039:3mm3mm33mcummncmia.mn:wm.o3m3nm_d_3n:5 o3._uum<<m_u§_.nDooxmoo333.:mmwo__o.§.o3.2333.033.33.3.398ommmn=6m3o.=m_.2 9.15%..o:m13m.o__os..3n.3.o3..m..o3. ._.3m3033myUooxEma33.:5.3m.99<o_:3.mw_..m_3oc_.man.333.5.83q__=mE_... amocqoom.2_o3m<saw323..=03@333.E3n..3cm3qao3m..o3m.wo3m0.=5ao3m=o3m <36.35m.23o.3._m8_..m_mSn:=.mo...=a38.8.sum.3m_um:32m3..u5.5:50.2oq2.833 _um__m. _3oo3m.am:3m=5m2cm_now.22.5.3Emn_onxm_Em3cm.?rm_3=6mxumzmam.3oc3.mn3 3mno3._3_:mo33._3o..o3.2%mm3m_.xm..3n_233.52=6oanmm3a_.m_u._=<.3mEm3om. mo_.3m2:6@336m..vc_m.on.Em.so35.$5.3Smoé3m«m3.uo.3m8%8.m3.3.33330. ..<m<33..26833.38.m3.86m3o3w..u.m8..333.533333.383338o.:5385. .3._.3ms..3~m«o.8353non:sawam3mnmaism:m35.3:3o..80253:5mcuuoasc vom?8amvcm3ma9:o..3.38.:Emu3mommmm2.883o<mEmmos»:3m:o.33m8%. $v_mom=6mc.uuo3_3n38633833.5:5ace:.3man:m2%Sm.50:53353.m._.3._m« 3333».mm<o..m_oo3m§._o».o383n.m7n.Emamo__n.»m3ww..3B.3uoom?m323$:$88.8m3n. $833.33 ._.3mno_.33.__=mm§%3oo..n_o.3nmo3oo._:6.2232:3<o.:38m_.m333w:uoo3=mo..3oSo B3o<m_m3o_.u_moo3m3.o.":6coma83o<.3o_m_0o3=mo..3oOo_.3um3<..26now.o.$_uw_...3o 3m8%SimBmozmo.m.m83.now”2$338.33 ._.3a>nEm_oowa.3<o_<mu.335.3.39.3338.3<3394$.9..9....3.33.3?9333.3o3m..o3m. 3._3n.E.m.3om3a<o_:3.8m_..338... >2803336.3.253..3a3.6_.<o3.m08¢:33.oooxm.mm3..u_3339.533.»323smm m?mzmn..38:.....m3n33%useoo3..3:m..o30..E33E.w.3némmE33m__ma.38:.__m Eo.mo... mam322.8126.33comaummmN mooransom.vmnm9 vmao. _ 3.._.Page 79 of 377 _u>o4mmxmmq oomqmM03nonew O38mxnm:a_E.dw<<_.:o:_:o_:amm3m2§_:o._:mSm:ommanmcugmwu?imaw_ Eco...E85?mmmwmm H 2_m§.m.mE85?mm?im ._.Qm_am:..Paw K:m_u>_moow._.m833no.3 rmuo?2a_<_m$.,_m.mmmmmowo» _._>m__._4<_zmcz>zomnew3new?ne:.8 oo3v_2ooom?mu$83.8 _..czu_zo...mz>z<m._uczu=>_m_zm.23.ao2>:ozm M._u&a_mmag...i?woo Uosmzosmmm88.oo .E_=:3...mi88.8 UosmzosmE::o__mo_E38::6o=<...?oowoo was9339,5:3z_mnmE_um._mIE8“owQooxamumwm...9:33.8 404.>_._uCZU_20Awcuomde8m£.oo 3%m Page 80 of 377 Qnw???g? 95:... .no.@..w._«.:%% mmocmwd mcummde8m§.oo m..___a._=o2183mpcoaxam:43.8 :mE_.2Sm?maomoz8%M3$3.8 mwnmwm3%%em.o.mmm.E .3..>:wmmo?ao macaw...“%mm3.8 o:§um<<m_u§=oDonxmoo33§w¢smmmag<<ooznscm.8u8<_am*mo==_$8:6oo3:E::<. mczqinman.aosmzozmEmaoo__mo6a31:6mmnosa25$oz_.<o:.moamxma.moam2 98¢32%<36533a:630:"9.Oooxwouwwm. immwoormmw__.oma<com...E53:58333mmSémam=5coma3:6..mvm=m.8:6 3032.Uooxm..25oo33_:m¢_\m§:wmuom_:<m3%um_m:nm22%<2:um588.‘oaom mxuwzn?cwmm.ma5m:_.w:nmmsaoc1:E_6u8_.m9m.<56:5E83:6oo33Emm o__wmo_<mmm__$3m.:_:m33%<5:cm338o<o_\89:umzsms:6Q20.z_mmmB_..m__m. .26o=__%2§22.0Uonwm003353E$58:50.?cazmmmmqm_um=m3.‘338.8 8ommm?Emcsmxumowmacom»93m_,mUm__.w3:63039.Doox529:.m9:msowmmz. 1.2%<0:3..<9...%%zm£33.03.3im3&8: mmmumo::__S Um:._.=ucw 03.3% o:_u_um<<mvac?oooxmoo33§$ 36$mmm-m?-m._mm M, 3%u.Page 81 of 377 Om_o:m_magma<<o_,xm:mm» 3..m omvmzami_<_c:um_<<o:Am._um:Am.._.:<3.8Inzvumsamom.mm?uE;vzmmmu. _uS_.mn.zm_._._m_:o_:Qmn.:3<3...< nmu=m_Em:ASE _u_,o_.mo._.D.n:92 tS_.mo»Ummn:u._o:Ozuumém_ucc_.omom.9%asmas.mama. Wmoo:m_:_o:o:9“men::53iimw323%. _u3_.mo.muma:DER <m>x<m>m<m>m<m>x<m>.~ 2.;E332.EEu?n Oumzwsmmm_m:nmLm:3 Am:wn_:m<nmmn=:..v. mxumzcicxmm m_a_._8._.a .ummm\DmmE:\mE&mm _.m:a\ma_:u=n:EE.=m\ m_..._Eaa3.25 Oc:m~:..n__u: mnmam m.o::mmém? <<m.2 m%__m.<ma?a m__m<<a:$.m:amnmu_=n Oe:=:nm:n< 0.73 _=»wSm_mxumzmm SirmxnmzozcmmmAgoo.... m:zu_zmmocmomm mumni3.88»mmmm_.<mm ouaixaéaxmmm.<m98¢ Wmmm2m3.3 5.12.33aums?u Dm<m_uu3ma.0353 om_.maEmm Gum._.mx 13<_:n_\nm%:__033$ mx_m3m.Oe=3v::u:m _:$_.mm_mmqzma 039 SirEzgzomocxomm3.08.... U_Em_3?mm_2_R.a22 ?=_u___m:.E_n__,....Page 82 of 377 1 Teresa Fabbro From:Bill Matson Sent:Wednesday, November 28, 2018 11:03 AM To:Teresa Fabbro Subject:FW: Tiny Homes Deputation Hugo Cheshire of Greater Niagara Chamber of Commerce and Lori Beech from Bethlehem Housing would like to address Council regarding the need for Affordable Housing. From: Lori Lococo [mailto:lori.lococo@bell.net] Sent: Monday, November 26, 2018 8:13 PM To: Bill Matson Subject: Tiny Homes Hi Bill The focus of the presentation has changed from Tiny Homes to Affordable Housing. Hugo Chesshire of Greater Niagara Chamber of Commerce will open the presentation and talk about the economic benefits of affordable housing and then Lori Beech from Bethlehem Housing will talk about the crisis, stats, the need for affordable housing, what is needed and some general solutions. The builders will not present. The ask will be: - to work towards and investigate a Housing Action Plan - to make affordable housing a municipal priority - to investigate tools to accomplish the goal such as zoning, development charges, partnerships, funding, etc - to investigate solutions such as tiny homes on concrete pads and on wheels, shipping containers etc. I can provide you their presentation shortly and the supporting material for council. Is this a 10 minute presentation? Do you need anything else? Thank you! Lori Lori Lococo Home: 905 357 5902 Cell: 905 931 6370 Page 83 of 377 12/06/2018 1 AFFFORDABLE HOUSING A MUNICIPAL PRIORITY IN NIAGARA FALLS SUPPORTED AND PRESENTED BY Hugo Cheshire Policy and Government Relations Manager Lori Beech Executive Director Page 84 of 377 12/06/2018 2 Community Success Sets the Stage •City of Niagara Falls Boarding House Study •Out of the Cold Program for winter of 2018-19 led by Project Share What are we Asking? •Agree to a permanent long term commitment to addressing the local housing problems •Agree and promote Affordable Housing as a Municipal Priority in the City of Niagara Falls •Establish a Housing Action Plan as a policy framework document to align with provincial/federal policy statements and sister municipalities in the Niagara Region •Review, create and amend policies and by-laws that will support Affordable Housing development Page 85 of 377 12/06/2018 3 Greater Niagara Chamber of Commerce •The Business Community Perspective •Our Vision is to see the Region at its social and economic best Community Housing Need in Niagara Falls •Rising market values / Low Vacancy Rates •High percentage of low income households •Over capacity usage of shelters and Out of the Cold Program •The Opioid crisis is linked to mental illness and directly at the centre of your most immediate and challenging housing issues •If it does not get better it is only going to get worse •Housing issues cannot be fully addressed through these types of immediate solutions Page 86 of 377 12/06/2018 4 Lower Income Households in NF Household Income for decile $1 to $21,171 $21,172 to $34,328 $34,329 to $46,836 all households earning under $46,837 decile 1st decile 2nd decile 3rd decile Total # of households in NF 3890 4590 4645 13125 # of one person households in NF 3075 2380 1735 7190 55% Of total households Couples with children 100 360 540 1000 Lone Parents 375 780 785 1940 % of Households with children 23% Lower Income Renter Households Household Income for decile $1 to $21,171 $21,172 to $34,328 $34,329 to $46,836 all households earning under $46,837 decile 1st decile 2nd decile 3rd decile Total Renter Households in NF 880 1310 1305 3495 35% of all households # of one person households in NF 700 780 1085 2565 73% of all renter households # of households with children 105 160 325 590 17% of all renter households Households in Core Housing Need* 700 1160 1115 2975 85% of all renter households *Adequacy, Suitability or Affordability: Major repairs needed, or not suitable, or 30% or more of household income is spent on shelter costs Page 87 of 377 12/06/2018 5 Rental Market in NF Niagara Falls Vacancy Rate Availability Increase (+) from previous year Avg Market Rent (AMR) Bachelor 0%82 +2 576 1 Bedroom 0%958 +9 883* 2 Bedroom 2.8%2004 +56 991* 3+ Bedroom 0%198 +1 1113 2018 CMHC Rental Market Data Vacancy Rates and Availability per Rental Type *significant change in rent (increase) over previous year Homeless Point in Time Count Data 2018 Niagara Region Point In Time Homeless Count 625 counted as homeless including 144 children (ages 0-15) and 101 youth (16-24) Increase due to demand for shelter occupancy 2016 shelter occupancy was at average 82% 2018 shelter occupancy is at average 117% 2018 Niagara Falls Point In Time Homeless Count 108 counted as homeless including 23children (ages 0-15) 17.3% of NR total homeless 78% of respondents are on social assistance (OW/ODSP) Most indicated a health issue (medical, physical, addiction, mental health) Most indicated multiple uses of community services (ER visit, hospitalization, police interaction, justice) Page 88 of 377 12/06/2018 6 Homeless Services System Data Highlights Little to no change in income levels Decline in vacancy rates Increase in rental costs Shelter average occupancy has increased Length of stays increased from 11 days in 2016 to 19 days in 2018 Benefits of a Housing Action Plan for NF Mayor and city council would be champions of your HAP and lead a collaborative approach to tackling the issue and provision of AH Provides NF city council with a tool that establishes AH priorities, options and guidelines Can influence and direct amendments to your official plan, zoning by-law, community improvement plan and overall policy direction to set the stage for innovative AH developments and solutions Process to educate council on the complex housing related issues, policies and solutions / clearly identify the roles of each tier of government Page 89 of 377 12/06/2018 7 Benefits of a Housing Action Plan for NF Educate the local community of the role municipalities play in and identifies the power levels you have to create housing solutions; such as Municipal government does not: provide community services, administer shelter services, nor are they a housing provider Municipalities can: ensure that the city has available, good planning tools policies and by-laws that are implemented for the provision of affordable housing advocate for the provision of such tools and funding for development of housing solutions Example; to access new funding programs with National Housing Strategy/CMHC, applicants must demonstrate a partnership with their municipalities contributing in the form of incentives and investments that reduce capital construction costs such as development fees and Tax grants What are we Asking? •Agree and promote Affordable Housing as a Municipal Priority in the City of Niagara Falls •Set up Affordable Housing Policy framework by establishing a Housing Action Plan for Niagara Falls that will lead to policy, by-law and zoning amendments and set the stage to review alternative affordable housing solutions (e.g. tiny homes, shipping containers, secondary suites etc.) Page 90 of 377 12/06/2018 8 Thank you for your consideration to this motion in support of an Affordable Housing priority and solutions for the City of Niagara Falls! Page 91 of 377 Page 92 of 377 Page 93 of 377 Page 94 of 377 Page 95 of 377 Page 96 of 377 Page 97 of 377 Page 98 of 377 Page 99 of 377 Page 100 of 377 Page 101 of 377 Page 102 of 377 N F Page 103 of 377 Page 104 of 377 Page 105 of 377 Page 106 of 377 Page 107 of 377 Page 108 of 377 Page 109 of 377 NIAGARA FALLS COMMUNITY HEALTH CENTRE EMPOWERING INDIVIDUALS,CREATING A STRONGER COMMUNITY THROUGH QUALITY HEALTH CARE 9 4790 Victoria Avenue,Niagara Falls,ON L2E4C2 C905.356.4222 3 905.356.5676 www.nfchc.ca 00 Page 110 of 377 Page 111 of 377 Page 112 of 377 Page 113 of 377 Page 114 of 377 Page 115 of 377 Page 116 of 377 Page 117 of 377 Page 118 of 377 Page 119 of 377 Page 120 of 377 Page 121 of 377 Page 122 of 377 Page 123 of 377 Page 124 of 377 Page 125 of 377 Page 126 of 377 Page 127 of 377 Page 128 of 377 Page 129 of 377 Page 130 of 377 Page 131 of 377 Page 132 of 377 Page 133 of 377 Page 134 of 377 Page 135 of 377 Page 136 of 377 Page 137 of 377 Page 138 of 377 Page 139 of 377 Page 140 of 377 Page 141 of 377 Page 142 of 377 Page 143 of 377 Page 144 of 377 $§?'*fsHAREZ3 Zr N|ngnrn]7a[]_.g Page 145 of 377 Corporate Report Report Page 1 of 13 Report from Planning and Building Services, Planning Services Date of Report:May 9, 2017 Date of Meeting:June 12, 2017 Report Number:PBS-134-2017 File:60.73.34 Subject:Housing Action Plan 2017 Recommendation That staff be directed to prepare necessary new policies, policy amendments, and procedures to address the highlighted priority actions discussed in the attached staff report including: Official Plan condominium conversion policy amendment; Zoning By-law amendment addressing accessory apartments; Zoning by-law amendment incorporating the possibility of inclusionary zoning; Development Application changes to streamline affordable housing approvals; Community Improvement Plan amendment to include an affordable housing program; Regional development charges review and comments; Devising an Advocacy program whereby local politicians and senior staff would advocate for the development of affordable housing projects and related funding programs; Devising a Collaboration/Education plan so that all citizens understand the need for inclusion of affordable housing in the city; and That the balance of the tools and actions outlined in this report be explored for possible inclusions during the preparation of the city’s formal Housing Action Plan. FORTHWITH Summary Council has directed staff to prepare a comprehensive report on available policy tools and options that could be incorporated into the creation a Housing Action Plan for the City of St. Catharines. This report serves as Phase I of this study.To this end, Staff have completed a review and are presenting Council with options for both immediate actions and long term policy directions that address affordable housing issues.These options include amendments to the Official Plan, Zoning By-law, and Community Improvement Plan, procedural alterations,policy directions, information gathering and sharing practices,innovative Page 146 of 377 development options,and advocacy opportunities. Staff have also listed a number of priorities that should be undertaken first: they include: Official Plan amendment to change the policies pertaining to the conversion of rental apartments to condominiums Community Improvement Plan amendment to recognize affordable housing as a factor in funding programs Exploring the addition of Inclusionary Zoning as a tool to require the construction of affordable housing as part of certain types of development projects Devising an Advocacy program whereby local politicians and senior staff would advocate for the development of affordable housing projects and related funding programs Devising a Collaboration/Education plan so that all citizens understand the need for inclusion of affordable housing in the city The following approach is recommended for the creation of the Housing Action Plan: Phase I –June 12, 2017:Report #1 below discusses the following: Background Context of affordable housing: -Definition -Government Roles -Legislative context Issues Identified -current practices Tools and Actions Next Steps including the assembly of a working group. Phase II –The Mayor’s Office and staff will assemble a working group of qualified professionals.–Summer 2017 Advise on priority items set out in this report and to identify other goals and next steps towards a complete Housing Action Plan. Phase III –Public & Stakeholder Consultation –Summer -Fall 2017 Phase IV –Implementation of chosen options –Fall 2017 Background In recognition of the rising issue of the need for affordable housing in the City, on January 30th, 2017,the Mayor brought forth a motion that was endorsed by Council as follows: “That Council direct staff to prepare a comprehensive report on the City’s policy tools and options to encourage the development of affordable housing, including a review of policies related to secondary suites and inclusionary zoning, regulations and allowances Report Page 2 of 13 Page 147 of 377 for mini houses, live work spaces, modular homes and laneway homes, as well as a review of the CIP program and development charges policy and other creative incentive options to support the creation of affordable housing in St. Catharines.” Context Rising market values and a low rental vacancy rate are exacerbating the availability of affordable housing units in the city. This is a problem that is affecting municipalities worldwide and is not one that can be fully addressed through only immediate solutions. Rather, to deal with affordability issues,the municipality must make a permanent commitment to continue addressing the problem. As markets, and federal and provincial policies shift, the tools and efforts of the municipality will have to adjust accordingly. Definition The Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe defines “affordable” as: St. Catharines Ownership -the least expensive of: purchase price results in annual accommodation costs which do not exceed 30 percent of gross annual household income for low and moderate income households $1746/month –approximately 270,000.00 *this estimate is based on interest rate, property tax and utility cost assumptions. housing for which the purchase price is at least 10 percent below the average purchase price of a resale unit in the regional market area $244,000.00 Rental –least expensive of: rent does not exceed 30 percent of gross annual household income for low and moderate income households Approximately $938 per month rent is at or below the average market rent of a unit in the regional market area. Equal to or less than $906 (St. Catharines-Niagara –CMA) The PPS defines low and moderate income as follows: a)in the case of ownership housing, households with incomes in the lowest 60 percent of the income distribution for the regional market area; or b)in the case of rental housing, households with incomes in the lowest 60 percent of the income distribution for renter households for the regional market area. Canada Mortgage and Housing Commission (CMHC) According to CMHC, “affordable” housing should cost less than 30% of before-tax household income. Report Page 3 of 13 Page 148 of 377 St. Catharines Vacancy Rate The latest data from CMHC shows that rental demand is outpacing supply, and that the fixed sample average rent for a two bedroom apartment has continued to rise faster than the province rent increase guideline. The vacancy rate for St. Catharines has decreased from 3.1% in 2015, to 2.5% in 2016. A full summary of CMHC data is shown in Appendix 1 of this report. Additionally, what provincial policy defines as affordable will not necessarily be appropriate for every real life situation for citizens of the City of St. Catharines. Social conditions, family structures, responsibilities and employment circumstances vary greatly in every individual setting. Council and staff should keep this in mind when prioritizing tools and implementation. Government Roles The roles of each tier of government in the provision of affordable housing are as follows: Federal Creation of policies/regulations National housing strategies Funding supply Provincial Creation of policies/regulations Legislative framework Funding supply Policy documents Regional Community services Housing provider Oversight and administration for local non-profits Creation of regional policy Incentive provision Municipal Policy creation Implementation of provincial and regional policy Official plan/zoning by-law Incentive provision Since St. Catharines is part of a two tier municipal structure, it does not provide community services, administer shelter services, nor establish a housing provider (such as Niagara Regional Housing). The City does not have the jurisdiction, funding or staff to facilitate these services.Rather, it is the city’s role and responsibility to ensure that all available planning tools are being implemented for the provision of affordable housing. As well, local politicians can advocate for the provision of tools and funding for their municipality and the Region at large. Though the roles are distinctive for upper and lower tier municipalities, the efforts of both should be collaborative to effectively tackle the issue. For its part, the Region of Niagara is responsible for housing and its Provincially mandated Homelessness Action Plan. “A Home for All: Niagara’s 10 year Community Housing and Homelessness Action Plan” is the Region of Niagara strategy for the provision of permanent and secure residence for the population of Niagara. The priorities of the Plan are as follows: Report Page 4 of 13 Page 149 of 377 1.Improve options to house people who do not have a home 2.Expand supports to help people find and retain their homes 3.Increase opportunities and options across the housing continuum 4.Improve the effectiveness of the housing system. Legislative Context The relevant provincial legislation that is outlined in Appendix 2 provides guidance, tools and allows for its implementation partly at the local level.Legislation is directed to a wide variety of mandates, including but not limited to land use policy particularly for residential dwelling types.As well, applicable legislation creates: i)agencies that are in the business of promoting affordable housing ie., Niagara Regional Housing ii)sets out affordable housing policy directed at supply, pricing and long term availability iii)provides controls on market forces to regulate the price for housing; Census Data for St. Catharines The 2016 Census data regarding populations that was recently released ranks St. Catharines as very high in terms of aging population and percentage of seniors who live in the City. An aging population can have a great impact on the availability and demand of affordable housing. A range of housing options must be made available to seniors to ensure that they can transitions to meet their needs while remaining in their local communities. Issues identified The first step of this review and research was to determine what issues existed with respect to affordable housing in the City. The problems identified are listed below: supply of affordable housing units cannot meet the demands; poor condition of available units; low quantity of accessible units; long waiting lists for Niagara Regional Housing; configuration of units is not always appropriate for all individuals and families; increasing market values are intensifying the issue as a result, a wide spectrum of people are requiring affordable housing and this in turn places pressure on community services such as shelters; public stigma of affordable housing developments perception that building affordable housing in a neighbourhood will lower property values; lack of coordination throughout the Region and other service providers; cost of developing affordable units; availability of funding; accessibility to funding; long term affordability is difficult to ensure; little certainty in funding, incentives and approvals process; Report Page 5 of 13 Page 150 of 377 innovative options are hindered by traditional regulations; reliance on provincial and federal government for initiatives and funding sources; and Building Code requirements for accessory apartments are too rigorous and costly Current practices The City does have certain tools and policies already in place to encourage the provision of affordable housing. Some of the options available are being used and others require more understanding, communication and advocacy. Official Plan policies: Planning tools and policies are but one of many factors that affect the state of the affordable housing market in the municipality and the country at large. In the City’s Official Plan, the Garden City Plan (GCP)policies: support appropriate intensification and the development of a variety of housing options and upholds provincial land use policies, especially in the Urban Area. allow for a variety of housing options and tenures in all areas within the Urban Area. encourage a mixture of tenure and housing types provide for flexible accommodation options and a thriving and successful community. allow for the construction of detached accessory apartments in all residential zones subject to a zoning by-law amendment. permits the passing of temporary use by-laws for the purpose of garden suite construction to a maximum of 20 years. allow for bonusing under Section 37 of the Planning Act.Affordable housing for low and moderate income groups, or special needs groups is defined as a community benefit with respect to bonusing. Zoning By-law 2013-283 regulations: require smaller minimum lot areas in many zones establishes a maximum lot area to ensure underdevelopment does not occur. -- permit interior accessory dwelling units in any detached, semi-detached or townhouse dwelling unit help to support the creation of lots and construction of dwellings in laneways subject to the availability of services and adequate access. permit Live-work options in a variety of zones. permit Home based businesses within a principal dwelling unit subject to certain zoning provisions. permit Residential units above,behind or beneath commercial units in the commercial zones. permit mixed use zones and encourages the combination of residential and commercial uses and parking exemptions in the City’s core. Report Page 6 of 13 Page 151 of 377 Report Page 7 of 13 Recent amendments to the GCP and zoning by-law have served to ensure that residential infill and intensification is appropriate and compatible with the surrounding neighbourhood while not detracting from the opportunity and ability to create affordable housing. Collaboration Currently, Staff recognize the need for a collaborative team approach to the issue of affordable housing and are making efforts to have municipal staff members join Regional teams and task forces, as well as attend local conferences, seminars and lectures to better understand the issues being experienced in the Region at large. Tools and Actions Items To encourage affordable housing Staff have reviewed a wide variety of options for the municipality to pursue. Tools and action items are summarized below. Attached as Appendix 3 is a brief description and numerical listing of all of these possible tools, outlining the corresponding role and timeline for addressing each item. Certain of these actions are highlighted as priorities and should be addressed first. Possible Official Plan Amendments Implement the revised Places to Grow policy which will be in effect on July 1, 2017, and will sustain intensification efforts including: - Encourage higher density projects in appropriate locations - Advocate for increased public transit Page 152 of 377 -Ensure greater neighbourhood connectivity Consider the prohibition of redevelopment sites from downsizing. For example, if the current density of the project is 30 unit/ha, the project cannot be redeveloped below that density even if the zone provides for an allowance of 20-32 units/ha. This initiative would also require an official plan amendment. PRIORITY:Review Condominium conversion policies, considering more prohibitive wording and studying vacancy rates. The strengthening of condominium polices in the GCP can assist in ensuring that the rental vacancy rate is stabilized. The wording of the current policy should be amended from “discouraging” conversions under the threshold percent to “prohibiting” conversions. The minimum vacancy rate should be reviewed and a provision added requiring the vacancy rate to be at or above that percentage for multiple preceding years. Vacancy rate requirements should be specific for both the city in general and the neighbourhood zone in which the proposed condominium conversion is located. Only with strengthened policies can staff be equipped to appropriately evaluate applications and make recommendations. Consider parkland dedication exemptions Add demolition control areas to restrict the demolition of existing apartment buildings to ensure supply does not diminish. Zoning By-law Amendments Amendments to the City’s zoning by-law also can help encourage the provision of affordable housing in the City including exploring: PRIORITY: Accessory Apartments. Explore the -possibility of permitting detached accessory apartments without a zoning amendment. -provide more flexibility for interior accessory apartments -expand the maximum size of the units -provide parking requirements for the accessory unit Parking requirements affect the feasibility of projects.The downtown core is exempt from parking requirements. There is merit in examining additional locations, such as high-density residential and mixed use corridors that could be appropriate for parking exemptions. To achieve the same goal of increasing the feasibility of affordable housing projects, increased height allowances for affordable housing projects could be incorporated into zoning regulations. Report Page 8 of 13 Page 153 of 377 PRIORITY: Inclusionary Zoning: This zoning tool requires a certain percentage of units in new developments to be affordable housing units. For example, 10% of 200 units in a new residential development would be required to be affordable. On December 8th, 2016,the Promoting Affordable Housing Act that amended four acts in an effort to encourage the construction of affordable housing and update social housing in the province,was given Royal Assent. One of the amendments made was to give municipalities the right to implement inclusionary zoning.Upcoming Planning Act regulations will dictate the approach and development of policies and by-laws. Public consultation for inclusionary zoning regulations in the Planning Act is scheduled for 2017. There are both positive and negative examples of inclusionary zoning in the United States and western Canada. The appeal is that the cost of the provision of affordable housing units is shifted to the private sector. Inclusionary zoning also ensures that affordable units are mixed with market value units. This eliminates segregation that can be created by construction of residential developments containing only affordable housing units.There is concern that the cost of constructing the affordable units can only be incorporated into the balance of the development when the number of units is very high. In St. Catharines,most of the current development consists roughly from 10 to 25 units. Additionally, it is very difficult to ensure that the constructed units remain affordable for an extended period of time. Staff recommend that the merits of inclusionary zoning for the City of St. Catharines be examined in detail once the appropriate Provincial regulations have been imposed. PRIORITY: Application Process Changes The level of certainty and timelines for the approval process can be a significant factor in a project’s success for funding.To address this reality,more certainty should be provided at pre-consultation meetings:a formalized separate approval process should be created with an approval schedule along with a formal staff commitment from various departments/agencies for an expedited approvals process.This option is not limited to planning approvals but can extend to building permits, scheduling of inspections and external agency approvals. Council could also approve the automatic forgiveness of fees for affordable housing projects. This information can be relayed to the applicant at pre-consultation meeting so that project success can be determined early on in the process. The addition of a planning staff member that specializes in affordable housing would be an effective staffing tool. This individual would understand current programs, grants, and facilitate affordable housing collaborations and solicit funding options. Collaboration To ensure that the above implemented changes are resulting in positive changes, continued dialogue with the development community should occur. Periodic discussions with the development community should be hosted by PBS staff. Should Council chose to implement any of the listed tools and action items, a monitoring system should also be implemented to measure the effectiveness and success of the implemented options. Report Page 9 of 13 Page 154 of 377 This will ensure that staff and budgetary resources are being implemented as efficiently as possible. PRIORITY: Advocacy For any of the action and tools presented in this report to succeed Council must make a political and financial commitment to continuously support affordable housing initiatives. This commitment can come in the form of motions to petition different levels of government for funding. Council can take an advocacy role, and ensure that the issue and need for a solution is consistently raised with the public and amongst local politicians from all levels of government. Council can endeavor to create a municipal policy that all surplus municipal lands be considered for affordable housing prior to being put to any other use. Additionally, once the information is gathered and organized there should be a formalization of information sharing between both the Region of Niagara and all of the municipalities within it. This can provide the municipality with necessary information that the Region may possess to improve the availability of affordable housing units. Working with Niagara Regional Housing and Regional Community Services, an overview of the supply and condition of affordable housing units in the City should be conducted. There may be issues that can be addressed by the City’s Fire department or by-law division. Additionally, professional associations can be utilized for affordable housing information sharing. Ex: OPPI, CIP, LMCBO, AMO. Incentives PRIORITY: Community Improvement Plan Amendments Community Improvement Plans (CIP’s) are one of the most effective tools available to the municipality to directly fund affordable housing projects. The 2015 CIP could be amended to add “affordable housing” as a value added ranking criteria for Tax Increment Financing grants. A separate grant solely dedicated to affordable housing should be established. Council could then evaluate which types of developments and grants to allocate funding to each year. An effective provision of affordable units in the city is to utilize the existing housing stock. In addition, possibly a sunset clause could be added to CIP approvals stipulating that construction would have to be completed within a specified time period.Otherwise,the funding approval would lapse and then corresponding monies could be made available for projects that were committed to immediate construction. Grant/loan Information Improving the access to funding is as vital as provision of funding. A comprehensive list of a variety of grants, loans, and incentives for all different type of development should be complied. There should be a dedicated staff member in PBS or economic development that applicants can consult with for grants,to ensure proper provision of information. Report Page 10 of 13 Page 155 of 377 PRIORITY: Regional Development Charges review and comment The Region of Niagara is in the midst of reviewing the development charge by-law. There are several implications for affordable housing developments that can result from the new by-law. Both Council and staff should take an active role in commenting on the implications of these changes. Currently the by-law proposes development charges for detached accessory apartments which greatly impedes their development potential. There is also some concern with the rate at which live-work units would be charged. Tax Rates Other financial incentives for considerations are alterations to tax rates. Many condominium conversion applications are made solely for tax purposes. If the taxes levied on a condominium and rental apartment were equal it would eliminate these conversions. There also exists the potential of imposing a vacant home tax and undeveloped land tax to ensure that properties do not sit empty for long periods of time. If development is encouraged, and more housing stock is provided,it can in turn provide some market relief. PRIORITY: Education and Outreach Some of the options that do exist within current policies and regulations are either not being used or know by the public and development industry. An important element in successfully integrating affordable housing within the community is informing the public about the current and future local housing needs, the social and economic benefits of meeting these needs and the importance of achieving community acceptance of various forms of housing.Expanded and improved public consultation can lead to a more positive relationship between the developer, and the neighbouring community. Public education can also provide further information about other factors that affect affordability. Improving affordability can also be achieved by decreasing other costs of living. For example, reducing energy costs, taking advantage of incentives can reduce monthly living costs through new technologies in insulation, appliances, and smart thermostats. Knowledge of the options that are available can also be spread through a public engagement process. For instance, many people in the city are not aware that interior accessory apartments are permitted in all detached, semi and townhouse dwellings. As an extension of public engagement, staff should consult with all stakeholders involved in the provision of affordable housing including: Municipal staff Regional staff NRH non-profit housing providers community service providers provincial politicians federal politicians financial institutions Report Page 11 of 13 Page 156 of 377 local developers Meeting with stakeholders can lead to rewarding discussion of what each stakeholder requires to achieve more success in the provision of affordable housing. An overview of the options that the municipality is considering should be presented to stakeholders to gauge which options would be most effective. In the research and preparation of this report the Mayor’s Office and staff have proactively begun to conduct stakeholder consultation. Meetings have been held with service providers, members of the real estate community, local builders, developers and landlords to better understand the issues, priorities and needs of the community. The Mayor’s Office, staff, and local stakeholders also recently met with the Federal Parliamentary Secretary to the Minster of Families, Children and Social Development to discuss the Federal government’s upcoming National Housing Strategy. Property Profile creation Availability of information can be incredibly useful for the development community as well. Staff should create property profiles for sites that are available for potential development/redevelopment. The profiles could include detailed zoning, official plan, and property constraint information, along with available incentives and tax grants. More complete and extensive information of all vacant residential and commercial units in the downtown can assist both planning and economic development staff in encouraging and facilitating development and conversion of vacant units. Innovation New technologies and ideas are consistently emerging in the world of development, many of which can be used in the provision of affordable housing. Council’s motion requested staff to explore new and emerging trends related to innovative construction and devilment methods that have been used to increase the availability of affordable housing elsewhere. Options explored include the following: mini homes, container homes, flex housing, 3D printing, alternative development models, and student co-ops. Innovative options are described in detail in Appendix 4 of this report. Next Steps In order to review and prioritize all of the presented options the Mayor’s Office and staff will assemble a working group of qualified professionals to review the options presented in this report.The working group would serve as a concentrated stakeholder engagement opportunity.Once formed,they would advise, firstly on highlighted priorities, and also on the balance of the potential tools and actions. Financial Implications There are several financial impacts associated with the implementation of a variety of the tools and actions listed in this report. Each financial impact will be assessed in future reports at the implementation stage. Report Page 12 of 13 Page 157 of 377 Relationship to Strategic Plan Provision of appropriate housing for the entire population of the City is one of the foundations for becoming a dynamic, innovative, sustainable and livable city. The recommendation and tools and action items have significant connection to the Strategic Plan, including: Attracting public and private investment, support local businesses and provide excellent customer service to demonstrate we are open for business Attempting to be an affordable city for young people, families and retired older adults Developing partnerships to enhance the economic vitality of the community Striving for the highest quality of life for all citizens Providing excellent customer service and communication with citizens Connecting people, places and neighbourhoods Conclusion There must be a collaborative approach to tackling the issue of the provision of affordable housing in St. Catharines. Economic development, social service provision, public perception,and public funding at various levels of governments are all contributing factors. Staff have completed a comprehensive review of policy tools and actions that are available to the municipality to help encourage the provision of affordable housing. These options include amendments to the Official Plan, Zoning By-law, and Community Improvement Plan, procedural alterations, policy directions, information gathering and sharing practices, innovative development options, and advocacy opportunities. Utilizing only one or two of these tools will not be enough. A collaboration of several of the tools will lead to success and ensure community inclusion. Notification There is no legislative notification requirement. Prepared by: Margaret Josipovic, Planner I Submitted by: Judy Pihach, MCIP, RPP Manager of Planning Services Approved by: James N. Riddell, M.PL., MCIP, RPP Director,Planning &Building Services Report Page 13 of 13 Page 158 of 377 CMHC Data Page 159 of 377 Page 160 of 377 Legislative Context Municipal Act:sets out the rights, responsibilities and powers of municipalities in Ontario. Planning Act:the foundation for the creation of policy and planning process in Ontario. It provides municipalities with tools to address affordable housing issues such as: density bonusing, protection of affordable rental housing, Community Improvement Plans. Provincial Policy Statement:base planning and landuse policy that gives direction for Ontario. Places to Grow: Growth Plan for the Greater Golden Horseshoe: provides direction for how development will occur in southern Ontario, promoting intensification, and secondary units. Promoting Affordable Housing Act: aims to increase the supply of affordable housing units, and update the social housing system. Ontario Fair Housing Plan: recently released set of 16 measures the province is introducing to encourage affordable housing, stabilize the real estate market, and protect homeowners and tenants. Ontario Long Term Affordable Housing Strategy:foundation for improvement of affordable housing provision in Ontario. Requires service providers to develop a housing and homelessness action plan. Strong Communities Through Affordable Housing Act: – identifies affordable housing as a provincial interest, enhances garden suite provisions, and secondary unit provisions. Ontario Housing Policy Statement:gives directions for local housing and homelessness plans. Page 161 of 377 *Priority tools/action items are highlighted in red. Page 162 of 377 Page 163 of 377 Page 164 of 377 Page 165 of 377 Innovative Options Mini homes can be built on existing lots of record to utilize undersized lots and minimize construction costs. Consideration should also be given to smaller sized units in apartment buildings in an attempt to maximize density. Container housing and modular housing is gaining popularity as well, they are methods of construction that can save time, and lower construction costs. Flex housing calls for the adaptability of units for various arrangements. These are units that are predesigned to be able to be easily changed from a studio or one-bedroom apartment to a 3-4 bedroom apartment. This could help meet the needs to housing providers without the limitations of a certain size of unit. 3D printing is gaining popularity in the development world. Companies are advertising that a small home can be printed in 24 hours for $10,000.00. The cost of the printer being $1 million. Developers in China have recently 3D printed a 5- storey apartment building. While 3D printing may be out of the scope of municipal tools, it is important to be aware of new technologies. Different methods of development are also emerging. “Baugreuppen” is European option where a housing complex is co-designed, created, and owned by a number of residents. It is method of removing the developer from the process, thereby achieving costs savings. Co-operative housing is becoming a popular choice across the world in cities with high numbers of students. Students do impact the housing rental market and therefore the availability of units. Community land trusts make it possible for houses to be purchased separate from the actual lot, reducing costs. It operates on a long term lease agreement. Public land use for affordable housing: innovation is not limited to technologies and methodologies. New policy directions can include the use of publically owned lands for the provision of affordable housing. Staff should create a listing and map of all municipally, regionally, provincially, and federally owned lands, along with those owned by the school boards. It is a method of government participation in the provision of affordable housing without having to provide direct funding. Options that could be utilized would include the reuse of empty buildings, additions to existing uses, and develop vacant lands. City affordable housing project: an innovative direction for the city to take would be to partake directly in the development process. This could include acquiring lands, cleaning contaminated sites and partnering with housing providers and developers to construct affordable housing units. This option is a long term political and financial commitment. Staff recommend that the construction of units Page 166 of 377 remain at the Regional level, however it is an option that some municipalities have taken. To encourage new ideas and foster partnerships with the community and beyond, staff should contact Ontario universities to examine the potential of partnering with urban design classes in affiliated planning programs to host affordable housing competitions. Page 167 of 377 Page 168 of 377 Page 169 of 377 Page 170 of 377 Page 171 of 377 Page 172 of 377 Page 173 of 377 Background: Niagara Poverty Reduction Network (NPRN) is a group of residents, businesses and organizations who work together to improve the quality of life in Niagara. NPRN envisions a community where all Niagara residents live above the poverty line. NPRN speaks with a community voice that incorporate the multiple voices of Niagara and prioritizes the voice of those currently experiencing poverty. www.wipeoutpoverty.ca RE: Affordable Housing Statement The Niagara Poverty Reduction Network (NPRN),Shared Prosperity: The Role of Municipal and Regional Government to Reduce Poverty in Niagara, recommended that municipal and regional government officials promote responsible growth and ensure affordable housing remains a priority. In addition, NPRN recognizes the role municipalities have in recognizing the unique need for affordable housing in their community. The municipal responsibility should be leveraged with regional, provincial and federal government strategies and plans to ensure affordable housing options are created across the housing continuum. To approach affordable housing from a local lens, a coordinated municipal housing strategy or plan for the City of Niagara Falls should: engaging key stakeholders including, but not limited to:developers,planners, community services, financers, provincial and federal government officials, Canadian Mortgage and Housing Corporation (CMHC); explore the scope of municipal responsibilities and areas of influence including: bylaws, incentives, secondary plans, communication and education; have a measurable goals and targets; be evidence-based; identify the issue, who is impacted and what solutions are needed, all in the context of the City of Niagara Falls acknowledge that housing is a human right and that municipal government has a role to play in the gradual realization of this right for all members of its community align with regional plans, including: the 10 year Housing and Homelessness Action Plan (HHAP), Regional Official Plan (2021-2041), Growth Plan for the Greater Golden Horseshoe, the developing Housing Supply Action Plan, the upcoming Regional Affordable Housing Strategy The Niagara Poverty Reduction Network is supportive of and encourages The City of Niagara Falls to take steps toward investigating and addressing affordable housing. Sincerely, Glen Walker Chair Niagara Poverty Reduction Network (attached: NPRN List of Member Agencies) Page 174 of 377 1 Teresa Fabbro From:Bill Matson Sent:Wednesday, November 28, 2018 10:58 AM To:Teresa Fabbro Subject:FW: City Council Request Deputation: Deb Nanson would like to address Council on the issues of Homelessness and Affordable Housing, namely the “1-2-3- Exit” project. From: DEB NANSON [mailto:deb_thegate@yahoo.com] Sent: Monday, November 26, 2018 4:23 PM To: Bill Matson Cc: Mark Royall Subject: City Council Request Mr. Matson I would like to thank you for taking the time to speak me on behalf of a project that shall address the housing issue in Niagara Falls we believe.There are so many band-aid solutions at our disposal, we as community members feel a quick solution is the answer.Housing in our city has so many factors including we are the seventh wonder of the world thus having an overwhelming desire to look the other way. I believe that if we stagger not ghettoize our solution Niagara Falls can embrace all it's residents with a new look on life. The project I have is called 1-2-3- Exit. Thank you Deb Nanson Page 175 of 377 PBD-2018-73 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-73 AM-2018-022, City Initiated Zoning Amendment General Amendments to Zoning By-law No. 79-200 Additional Regulations With Respect to Regarding Second Units in Accessory Buildings and Housekeeping Amendments With Respect to the Term Family RECOMMENDATION 1. That Council approve the City initiated amendment to undertake housekeeping amendments to Zoning By-law No. 79-200 with respect to the term “family” and to add regulations with respect to second units in accessory buildings, as outlined in this report; and 2. That Council pass the related amending by-laws included on tonight’s agenda. EXECUTIVE SUMMARY On April 24, 2018, Council passed amendments to Zoning By-law No. 79-200 (By-law Nos. 2018-42 and 2018-43) to delete the term “family” and to permit second units in dwelling units and accessory buildings thereto. These changes were necessary to bring the zoning by- law into compliance with the requirements of the Planning Act. The proposed by-laws amend By-law Nos. 2018-42 and 79-200 to correct language related to the term family and to revise regulations with respect to wall heights and permitted encroachments for accessory buildings containing second units. These regulations correct minor errors in the by-law and allow regulations for such accessory buildings to work better. BACKGROUND Proposal On April 24, 2018 Council passed two by-laws to address the term “family” and second dwelling units (By-law Nos. 2018-42 and 2018-43). As the City is not permitted to zone based on familial relationship, By-law No. 2018-42 deleted the term “family” and most references thereto from By-law No. 79-200. By-law No. 2018-43 added regulations that permit a second dwelling unit in an owner occupied detached, semi-detached or townhouse dwelling, or in an accessory building to these types of dwellings, on residentially zoned (R1A, R1B, R1C, R1D, R1E, R1F, R2 and R3) lands. It recently came to staff’s attention that a number of other housekeeping changes were Page 176 of 377 2 PBD-2018-73 December 11, 2018 necessary to By-law No. 79-200 to remove obsolete language related to the term “family” and that several new regulations with respect to accessory buildings and second units in accessory buildings were necessary. The areas of the City affected by By-law No. 79-200 and the proposed amendments are shown on Schedule 1. The following is a general description of the amendments proposed:  Undertake housekeeping changes to the by-law which delete obsolete references to “one family” dwellings and using the current reference of “detached dwelling” when referring to dwellings with one residential unit;  Add regulations to increase the walls of an accessory building used as a second unit from 3 metres to 5.5 metres, and to establish regulations for canopies, eaves, gutters and porches and decks associated with a second dwelling un it within an accessory building;  Exempt gables and dormers from the maximum height limit for the wall of an accessorry dwelling unit; and  Undertake other housekeepng changes with respect to home occupations. Neighbourhood Open House A neighbourhood open house was held on November 12, 2018 to explain the amendments and to answer questions. Three members of the public attended and sought clarification on the proposed changes. Specific concerns were raised that proposed text changes involving home occupation may permit non-occupants of a dwelling to operate a business, such as a bed and breakfast. Staff clarified that the proposed changes would specify a home occupation could be operated only by an occupant of the dwelling. The attendees did not raise any other concerns with the proposed by-law changes. ANALYSIS/RATIONALE 1. Planning Act The Planning Act has prohibited the use of zoning to regulate based on familial relationship for over 25 years. As a result, the term ‘family’ (used in By-law No. 79- 200 since it was adopted in 1979) has been obsolete. The passage of By-law No. 2018-42 rectified this situation by removing the term “family” from By-law No. 79-200. The further housekeeping changes proposed clean up the by -law by removing remaining terminology related to the term “family” as discussed in detail later in this report. Since 2012, the Planning Act has required municipalities to permit second units, within a detached, semi-detached and townhouse dwelling, and within an accessory building thereto. The passage of By-law No. 2018-43 accomplished this; however several regulations were found to be lacking as they pertain to the construction of second units within accessory buildings. Page 177 of 377 3 PBD-2018-73 December 11, 2018 In summary, the proposed zoning changes will assist the City in complying with the requirements of the Planning Act. 2. Official Plan In keeping with the requirements of the Planning Act, the Official Plan permits a second unit within a main dwelling or an accessory building. Curr ent and proposed by-laws comply with the Official Plan. 3. Zoning By-law Amendment The housekeeping changes proposed are detailed below: a. As noted above, the term ‘family’ was removed throughout By-law No. 79-200 by By-law No. 2018-42. However there are instances where related wording, such as the words ‘one’, ‘two’ and ‘single’ which were used in combination with the term ‘family’ (e.g. as in one-family dwelling), should be deleted to clean up the text of the by-law and avoid any confusion. The proposed by-law accomplishes this. b. Regulations in the by-law permit a home occupation by a resident of the dwelling. Typical original wording of theses clauses were: “the occupation is carried on entirely within the dwelling or dwelling unit only by members of the one family residing in such dwelling or dwelling unit” To ensure the wording limits home occupation to dwelling occupants once the term family is removed, with the housekeeping changes this clause will read: “the occupation is carried on entirely within the dwelling or dwelling unit only by the occupants residing in such dwelling or dwelling unit” The changes with respect to second units in accessory buildings are detailed below: a. By-law No. 2018-43 introduced regulations that increased the height of an accessory building housing a second unit from 4.6 metres to 7 metres to allow for a second storey. However current regulations limit the height of a wall of an accessory building to 3 metres which would prevent a second storey from being constructed. It is recommended the maximum wall height be increased to 5.5 metres. This would allow for a second floor with standard height while allowing for a peaked roof within the 7 metre limit. b. The proposed amendment would allow gables and dormers to exceed the maximum wall height limits there by allowing architectural features, provided they are within the maximum building height. c. Add language, permitting canopies, eaves and gutters to project 0.45 metres into a required yard. These permissions are standard for main dwellings. Page 178 of 377 4 PBD-2018-73 December 11, 2018 d. Add a regulation that would require a roofed over porch or deck associated with a second unit in an accessory building to be located 1.2 metres f rom a rear lot line. This would be the same setback as the main dwelling and would provide a setback to mitigate impacts on abutting properties. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial implications associated with the proposed amendment. CITY’S STRATEGIC COMMITMENT The additional amendments affecting second units within accessory buildings will better accommodate these units and therefore contributes to Council’s commitments to a well- planned city and economic prosperity. LIST OF ATTACHMENTS  Schedule 1 – Location Map Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2018\PBD-2018-73, Zoning By-law Amendment, General Amendments to By-law No. 79-200.docx Page 179 of 377 5 PBD-2018-73 December 11, 2018 SCHEDULE 1 Page 180 of 377 PBD-2018-74 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-74 AM-2018-021, Zoning By-law Amendment Application 3970 Welland Street Applicant: City of Niagara Falls Proposal: To rezone lands to a site specific Open Space (OS) zone and add Day Nursery to the List of Permitted Uses RECOMMENDATIONS 1. Council approve the City initiated Zoning By-law amendment application to rezone the lands a site specific Open Space (OS) zone to recognize its use as a park add a day nursery to the list of permitted uses and recognize the reduced front yard setbacks for the two existing accessory buildings; and 2. Council pass the amending by-law appearing in Council’s agenda to implement the amendment. EXECUTIVE SUMMARY Staff are initiating a Zoning By-law amendment for the Chippawa Lions Park which is a 5.36 hectares (13.2 acres) and municipally known 3970 Welland Street (Schedule 1). The subject lands are located on the south side of Welland Street between Oliver Street and Banting Avenue. The lands are zoned Residential and Two (R2), in accordance with Zoning By-law No. 79-200. Staff are initiating a zoning amendment to change the zoning of the lands to a site specific Open Space (OS) zone to recognize the current use of the land, add a day nursery to the list of permitted uses and recognize the reduced front yard depth of 3 metres and 7 metres for Buildings C and D, respectively (Schedule 2). The request is recommended, for the following reasons:  The proposal is consistent with the Provincial Policy Statement (PPS) as the lands are located within the Built-up Area under the Provincial Policy Statement (PPS). The PPS promotes healthy and active communities by providing facilities like parks, open space area and trails;  The proposal conforms with the Regional Official Plan (ROP) as the lands are within the Urban Area in the Regional Official Plan;  The proposal conforms with the City’s Official Plan as the subject lands are designated Open Space in the City’s Official Plan. The proposed zoning by-law amendment will bring the zoning in conformity with the Official Plan; Page 181 of 377 2 PBD-2018-74 December 11, 2018  Rezoning the lands Open Space (OS) will recognize the existing use of the lands as a park (Chippawa Lions Park);  The park complies with most of the regulations of the Open Space (OS) zone with an exception of the front yard setback for the existing buildings. The proposed amendment will recognize the reduced front yard setback for the existing shed and pool buildings located along Welland Street; and  Currently, there is purported to be a scarcity of licenced day nursery facilities in the City. The proposed amendment will allow the residents to have access to a licenced day nursery facility. BACKGROUND Proposal Staff are initiating a Zoning By-law amendment for the Chippawa Lions Park which is a 5.36 hectares (13.2 acres) and municipally known 3970 Welland Street (Schedule 1). The subject lands are located on the south side of Welland Street between Oliver Street and Banting Avenue. The lands are zoned Residential and Two (R2), in accordance with Zoning By-law No. 79- 200. Staff are initiating a zoning amendment to change the zoning of the lands to a site specific Open Space (OS) zone to recognize the current use of the land, add a day nursery to the list of permitted uses and recognize the reduced front yard depth of 3 metres and 7 metres for Buildings C and D, respectively (Schedule 2). Site Conditions and Surrounding Land Uses The subject lands are owned by the City, but leased to the Chippawa Lions Club for park purposes. Single detached dwellings are located to the north, west and south of the subject lands. Sacred Heart Catholic Elementary School is located to the west. Neighbourhood Open House A neighbourhood open house was held on November 9, 2018 to obtain feedback from area residents. Three area residents and Faten Nahjeery (day nursery operator) attended the open house. The residents mentioned that during the summer months Lions Club organizes car shows, which generates lot of traffic. Further, the park is also used by baseball leagues during the summer months. Residents were concerned that these events would create traffic conflict with the operation of the day nursery especially at the time when parents are picking their kids. One resident was opposed to the operation of day nursery in Building A. She mentioned that Building A must exclusively be used by Lions Club and for the community events organized by the club. She also expressed concern that if the children in the day nursery facility will use the park, it will create additional burden on the park infrastructure. She further mentioned that the park should only be used by the residents. Page 182 of 377 3 PBD-2018-74 December 11, 2018 At the meeting Faten mentioned that she has discussed the parking arrangements with the representatives of the Lions Club and they have confirmed that some parking spaces will be assigned for the day nursery. Greg Simms (Lions Club) contacted staff the following day to confirm that on the days of special events, a representative from the Lions Club will be present on-site to direct parents to the day nursery parking area. Further, five parking spaces would also be assigned for the exclusive use of the day nursery. Staff has also received numerous letters of support from area residents for the proposed day nursery facility. Circulation Comments Information regarding the proposed Zoning By-law amendment was circulated to City Divisions, the Regional Municipality of Niagara, agencies and the public for comments. The following are the comments received to date:  Regional Municipality of Niagara  The land is located within a Settlement Area under the Provincial Policy Statement (PPS) and Designated Greenfield under the Places to Grow Plan for the Greater Golden Horseshoe (Growth Plan).  The land is within the Urban Area in the Regional Official Plan (ROP).  Transportation Services, Municipal Works, Building Services, By-law Services, Fire Services and Legal Services  No objection or concerns with this application. ANALYSIS 1. Provincial and Regional Policies The subject lands are located within a Settlement Area under the Provincial Policy Statement (PPS). Both the PPS and the Growth Plan promote healthy and active communities. The PPS promotes location of public service facilities in community hub, where appropriate, to promote cost-effectiveness and facilitate service integration, access to transit and active transportation. As the proposed day nursery facility will be operated in a building which is located within a park, this will provide children an opportunity to access the play area in the park. The proposal will make efficient use of urban serviced land and existing infrastructure. As such, the proposed amendment is consistent with the Provincial and Regional polic ies. 2. Official Plan The lands are designated Open Space in the City’s Official Plan. Land uses permitted within the Open Space designation include public parks and private clubs. Page 183 of 377 4 PBD-2018-74 December 11, 2018 The use of the lands as a park conforms with the Official Plan. The Plan allows ancillary uses to recreational and open spaces provided such uses will not harm or interfere with the open space nature of the land. The proposed day nursery will be located in a portion of the existing building and will not have any adverse impact on the existing park infrastructure. Further, currently there is a scarcity of day nursery facilities in the city. The proposal will provide the area residents a day nursery facility in the neighbourhood. 3. Zoning The subject lands are zoned Residential Two (R2) zone, in accordance with Zoning By-law No. 79-200. Staff is initiating a zoning by-law amendment to rezone the subject lands to a site specific Open Space (OS) which will recognise its use as a park. The site specific zoning is proposed to add a day nursery as a permitted use and recognize the reduced front yard setbacks for Buildings C and D. The Lions Club intends to sublease a portion of Building A for a day nursery. There is purported to be a scarcity of licenced day nursery facilities in the City. The proposed facility will provide a licensed day nursery facility for the area residents. Staff has received many letters of support for the proposed day nursery facility. The proposed day nursery will be for pre-school (18 months- 5 years) children and will be operated between 7am-6pm on weekdays. The park use complies with the zoning regulations for minimum lot frontage, minimum lot area. The OS zone requires a front yard setback of 10 metres. Currently there are four building (Buildings A to D) on the subject lands. Buildings C (shed) and D (pool building) provide front yard setbacks of 3 metres and 7 metres, respectively. The intent of the front yard setback is to provide a buffer between the proposed development and the street. Buildings C and D have existed on the subject lands for many years and have achieved compatibility with the surrounding land uses. The proposed zoning by-law amendment will recognize the existing front yard setbacks of Building C and D. The amending by-law, to implement the amendment discussed in this report, is included in Council’s agenda. FINANCIAL/IMPLICATIONS The proposed development will have no financial implications for the City. CITY’S STRATEGIC COMMITMENT The proposed amendment supports the City’s Strategic Priorities of developing lands for business investment and building a vibrant, sustainable city. Page 184 of 377 5 PBD-2018-74 December 11, 2018 LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria: Attach. S:\PDR\2018\PBD-2018-74, AM-2018-021, Zoning By-law Amendment, 3970 Welland Street.docx Page 185 of 377 6 PBD-2018-74 December 11, 2018 SCHEDULE 1 Page 186 of 377 7 PBD-2018-74 December 11, 2018 SCHEDULE 2 Page 187 of 377 Dean Glenderming 6023 Frontenac St.,Niagara Falls,Ont.L2G 3B3 A \ November 12,2018 11¢Planning ‘~-"I .,\ N i r V 7 7 Alex He1'lovitch,MCIP,RPP H lkj pLANNl'g\lr§13ENT Director of Planning,Building &Development |&DEVELO __J City Hall 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Dear Sir, Regarding 3970 Welland Street (Assessment Roll No.(2725—120—005—11400),Zoning By-Law Amendment Application —City File:AM-2018-021 as proposed by the City of Niagara Falls, as a member of the Chippawa Lions Club,I support the zoning amendment. Sincerely, ,£M«?%W% Dean Glendellning Page 188 of 377 is 'M 9 3 December 10,2018 Ke:_CIty Hle AIvi—zu125-U21 As a resident of Chippewa,I received letters with information re:a proposal affecting the Lion Club Park. I attended the open House in November and aisopolied my neighbors that live on Welland Ave.I was able to talk to residents at 9 of the 16 houses on Welland directly across from the park. 1)Allare in AGREEMENTwith the zoning amendment to recognize the lands as a park with no further residential housing 2)Ailare in AGREEMENTto recognize the existing frontyard depths of 2 of the existing buildings. 3)Myself,along with the residents who have signed their opposition (80 %of those i talked to), are OPPOSED to adding a day care nursery to the use of the Lion Club for these reasons: a.Additional car traffic on Welland Avenue 5 days a week (we understand the day care would operate 7am to 6pm) pun/-v\It\\:/\r\e n..vw-ad:-.n¢~‘)2; IJCJIBIIGLCU pal i'\llIB )|JdLUb IUI U CIIIPIUYCCD GI nu 5uaI UIGIID Ul LJT Lllllul Cll Use of a city owned facility for the profit of a business on a street not zoned as such (we understand the Lions rent the building from the City and this proposal would have the Lionssubletting to the day care operator) Safety of the children when the park is used for Car cruises,baseball games,Slo Pitch and any other planned activities that would commence during day care hours. There are no sidewalks on the side of Welland St where the park is f.Expense to keep the parking area plowed in winter earlier and throughout the day. Although there may be a need for a day care in Chippawa and the Lions may need to entertain additional ways to fund their community service,we do not agree with the idea of a day care. Thank you. Karen Macdonald 4 3806 Gunning Drive DEC1 0 2018 PLANNING . Page 189 of 377 .-2 ~ public meeting or make written submissions to the City of Niagara Falls before the by—iaw7is passed,the person or public body is not entitled to appeal the decision of the Niagara Falls City Council to the Local Planning Appeal Tribunal. if a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Niagara Fails before the by—lawis passed,the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless,in the opinion of the Tribunal,there are reasonable grounds to do so. If you rent your property to seven (7)or more tenants,please post a copy of this notice in a location on your property which is visible to all of the residents. MORE INFORMATION For more information,please Contact Anamika Dilwaria,Planner 2,at (905)356-7521,extension nap 4-L-up-.{WI (‘Hui |‘1I\lIr'C| ‘-I-4.‘-I-U Ul Vibll LHL‘;Flalllllllg,Dullulllg (X LJc:Vc.‘IU}Jl!It:IlL,DC.-‘uullu IIUUI,wily Hall,IJULVVUUII LIIG Iluuxo Ul 8:30 am.and 4:30 p.m. A copy of the Planning,Building &Developmenfs Recommendation Report on the application wili be available after 4:00 p.m.on December 6,2018. (‘.i+\/fhig |\}n\/ember nun:\IlkJ v:I1l\o\a\.au\A 1 s4I:I\.I uuw n-—.-.-1 sun]‘J!.u .v Azwllamkz Alex Herlovitch.MCIP,RPP Director of Pianning,Buiiding &Development Attach. U:\Land Manager\P!anning\ZoningOP\Public Notice\Pub|icN0t§ce-AM2018021 .doc é7Vg£‘~<:%2»14»D‘‘%:\O.,£MIL.«'44»M CW»?r A/'.4’J<»«0, ' ;_.=i=—i»;u ’¢wm-4-~/Enrlarr:r‘-7'z{U:"vv~“(/ 7%f,/M~77:/.;;¢Méw #¢:z',—z,f/?-/é*”1/K/‘3¢{7’.4 1Z’;r:t:7fi?L.,{;'\J;/‘\./’:i?‘)’f‘°/ =1 10 xQ713 CLLL/Q-<7iccm,.c2’5).’; 36;2M mi/a,L«Lc»b1:3«{$3-f'_ «;;;<?)5-5'6,“Lt.,{‘_«’1..<T.,/f4W;.*~»69:"? [?»"fA,.':.?:(,7’«/z,I§9z,v«o¢«,cu/Vtc’<»~«7,6l1:eW/(;;{§-$4‘;" 55::-"'(Ta.?4Qw§¥?~9V‘ £2/IV‘ H /I H*-Wévy397‘7 gag; 4/z;o ThfA)‘i:7."‘/K.)i .1:‘.I’;¢’a(I.t2 '(/u.»€./éiécwwé’.«/vi/tr aheaa?wfv?t 4H 4)/,i\/l3 V S T“ Page 190 of 377 % NOTICE OF APPLICATION Ni§;jg—ai;;!F?;;5 &PUBLIC MEETING ranama z.gn’i_;‘1gBy-lawAmendmentApplicationcity Fi_le:AM-2018:4021 .»,‘.;\;‘I3{p’liJ.r=airI.tT:G-.i’tyof Niagar?kFalls‘ PUBLIC MEETING Date:Tuesday,December 11,2018 Place:Council Chambers,City Hall PROPOSED CHANGE The City is initiating a zoning amendment to recognize the use of the iand as a park (Chippawa Lions Park)and to allow a day nursery to be estabiished within Building A on the land. Refer to Schedules 1 and 2 for further detail‘. The land is currently zoned Residential Two (R2),in accordance with Zoning By~law No.79-200.The City is proposing to rezone the land to a site specific Open Space (08)zone,which will recognize its use as a park.The site specific regulations are proposed to add a day nursery as a permitted use and to recognize the existing front yard depths D..:l,~.l:.»..~.n Ul Dullulllgb LI auu L1,.LJUIII3 u nII.“;uuo cnau 1 Ialunluu, res pectively. [iii '.z‘__~-*' ‘ - ’ UR ‘T[T3 ‘_n1T1_n;::’v1‘r'1tI! I'. 25:6]—(iii‘!1I:‘€{|;% >l.Fei)35‘ Input on any proposed Zoning By—lawAmendment is welcome and encouraged.You can provide input by:speaking at the public meeting or by making a written submission. PLANS &DOCUMENTS Full size plans and any documents submitted in conjunctionwiththe applications may be viewed in the Planning &Development Department Monday to Friday between 8:30 am.to 4:30 p.m. WRITTEN SUBMISSION To provide input in writing,or requestnotice if the proposed Zoning By—lawamendment is approved,please submit a letter to the Director of Planning,Building &Development,City Hall, 4310 Queen Street,Niagara Falls,Ontario,L2E 8X5 on or before December 11,2018. LEGAL NOTICE Section 34 of the Planning Act If you disagree with Council's decision on the application,you can appeal it to the Local Planning Appeal Tribunal (LPAT).However,if a person or public body does not make oral submissions at a Page 191 of 377 _4 _ SCHEDULE 50.1.in(592:o...:.:..|oFun?tgmm2o...<..><25.28.. .|J'.I|A“l..nIIFEKIILI 14.1!.3)!us.rel): Illueit24.1!t._}:.+sh: 5.11I21...zi.5E».?.?iII;.. I #3 ‘l.-—Tn-‘.‘$.’v‘'/7 if{ 4:.-..,,a....g-.........41‘ l..sI1a..I...bV.-...rG.1.39 <.IEcvEn6u. 1‘,4,:\ Page 192 of 377 Richard &Marilyn Judge and Maureen Clarke 8691 Banting Avenue Niagara Falls,ON L2G 6Z7 November 8,2018 Director of Planning Building &Development City Hall _ ;gVED 4310 Queen Street V Niagara ";.,3 Dear Sir:A PLANN}§‘§,,.EN-r —1 (/tv‘’,\ ./re:Zoning By—|awApplication AM-2018-021 Chippawa Lions Park We reside at 8691 Banting Avenue directly across from the Chippawa Lions Park, for almost fifty years,and are in support of their application to allow a day nursery at the Lions Hall and the rezoning of the land to Open Space. The Chippawa Lions provide many valuable and enjoyable services to the residents of Chippawa and the greater City of Niagara Falls.The proposed zoning amendment will serve to support those efforts by the Chippawa Lions Club and we sincerely believe there will be no adverse effects to our property,nor the area surrounding the Lions Park. Please do not hesitate to contact us,if you require additional information. Yours si cerely,47,/J Richard JudgynJudg?LS,/ Z7C64/I/cu Maureen Clarke Phone:905-295-6616 E-Mail:mjudge@cogeco.ca Page 193 of 377 Page 194 of 377 PBD-2018-76 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-76 Review of Provincial Cannabis Licensing Act, 2018 and Ontario Regulation 468.18 RECOMMENDATION 1) That Council determine whether to stay in or opt out of the Provincial Retail Cannabis Store program; 2) That if Council does not opt out, Council adopt the attached Municipal Policy Statement on Cannabis for the purpose of reviewing and commenting on licence applications. EXECUTIVE SUMMARY The Provincial government recently introduced new legislation and regulations to regulate the sale and use of recreational cannabis. The legislation provides t hat recreational cannabis may be made available in privately operated Retail Cannabis Stores. Municipalities have until January 22, 2019 to pass a resolution to opt out of the retail sales. Municipalities which opt out can opt in at a later date, but it cannot opt out after the January deadline. The City cannot use zoning or licencing to prohibit retail sales and cannot set distance separations. The Province has set a 150 m (492 ft.) separation distance between school properties and a Retail Cannabis Store. Retail Cannabis Stores must be licenced by the Province. Notice of application for retail cannabis sales must be posted at the retail store and City Council will be given a period of 15 days in which to comment. AMO suggests that Councils adopt policies to guide the review of applications for retail store licences; staff have developed policies attached to this report. The Province will make the final determination on the issuance of licences. BACKGROUND In April 2017, the federal government introduced legislation to legalize and regulate recreational cannabis in Canada by July 2018. The federal Cannabis Act Bill C-45 provides for legal access to cannabis and controls and regulates its production, distribution and sale. Federal legislation became effective on October 17, 2018. The Act aims to accomplish three goals:  keep cannabis out of the hands of youth  keep profits out of the pockets of criminals  protect public health and safety by allowing adults access to legal cannabis Page 195 of 377 2 PBD-2018-76 December 11, 2018 Provincially, Ontario passed legislation in December 2017 in order to regulate the lawful use, sale, and distribution of recreational cannabis to implement the federal legalization of recreational cannabis. A single government-run retail cannabis store was identified for Niagara Falls. However, after the Provincial election in June the rules changed. The Ontario government introduced new legislation on September 27, 2018, to correspond with the federal legalization. There were significant changes to the legislation, but most noteworthy were: 1. The storefront sale of cannabis will now occur through privately operated retail outlets licensed by the Province. 2. Municipalities are given the opportunity to opt out of cannabis sales in their community in accordance with the following rules. - Municipalities have until January 22, 2019 to opt out. - If municipalities opt out at this time, they can opt in at a later. - Municipalities cannot opt out at a later date. 3. Cannabis stores will need to observe a minimum distance from schools in place of local planning controls. 4. Cannabis use will be harmonized with the current rules for places of use for tobacco under the Smoke Free Ontario Act, 2006 The provincial government has committed to allowing private recreational cannabis retail stores throughout Ontario starting April 1, 2019. The province will begin to accept applications for retail licenses in mid-December. Under the Cannabis Licensing Act, 2018, the provincial government established a regulatory framework (Ontario Regulation 468.18). The regulations provide further clarity on how these private businesses will be licensed and regulated by the Alcohol and Gaming Commission of Ontario (AGCO). These regulations deal with various elements of the retail regime including matters in which municipal governments may have an interest. The regulations speak to how a license will be issued to open a cannabis store. The full details of the AGCO process have not yet been released, however the AGCO will issue guidance as the regime is finalized. The AGCO process will begin by reviewing and completing due diligence on applications from corporations and individuals seeking to sell recreational cannabis. The licensing regime will have three parts: operator approval; retail site location approval; and store management licensing. OVERVIEW Can the City issue licences for Retail Cannabis Stores? No, the legislation specifically prohibits the City from passing its own licensing program. The Cannabis Licence Act, 2018 sets out a licensing and regulatory regime for private cannabis retail stores administered by the AGCO. This new statute establishes eligibility criteria for the issuance of licences and authorizations. Page 196 of 377 3 PBD-2018-76 December 11, 2018 Those interested are able to apply for two types of licences - a retail operator licence (ROL) and a cannabis retail manager licence, and a retail store authorization (RSA) for specific cannabis retail store locations. A person would require an ROL before they could be issued an RSA, though they would be permitted to apply for both an ROL and an RSA at the same time. Licenses can be revoked, suspended or not renewed for failure to comply with the Cannabis Licence Act, 2018. Is there an opportunity for comment on proposals for Cannabis Retail Store Locations? Yes, the Registrar will give notice of an application for a retail store authorization by requiring that a notice be displayed at the location of the proposed Cannabis Retail Store specified in the application, by posting a notice on the Commission’s website; and in any other manner the Registrar considers appropriate. The AGCO will provide a 15-day window for the public and municipal government to submit comments for each store site proposed by an approved operator. The legislation provides that municipal comments should focus on whether a proposed storefront location is in the public interest, as defined in the regulation. In the regulation, public interest is defined as public health or safety, protecting youth and eliminating the illegal market. At this point, the municipal government will not be provided pre-notification of the application. In discussions between the Association of Municipalities Ontario (AMO) and the Province, it has been proposed that a municipal government may consider creating a policy statement identifying specific and significant locally sensitive considerations or uses which best represent the expectations of the community in allowing cannabis retail. This statement would provide direction to Council in providing input to the AGCO within its 15-day review period. Since it is unlikely the Council will meet within the 15 day period, it is recommended that a key senior staff lead be appointed as the point of contact for proposed cannabis store notices from AGCO and that position will coordinate municipal input in a one-window approach within the commenting period. This process would be much like the current process used to comment on liquor license applications, where the AGCO requires that a notice be posted on site for comments from area residents and businesses before a site authorization is given. Can the City establish distance separations from sensitive land uses? No, the Provincial legislation establishes separation distances. The provincial regulatory framework (O. Reg. 468.18) in order to protect youth, restricts a cannabis Retail Store from being located within a distance of 150 meters of a property containing a public school or most private schools. Appendix 1 is a map showing the protected areas adjacent to school properties and the commercial designations where retail stores may locate. The municipality cannot adopt a greater distance. The distance buffer would not apply to private schools that only hold on-line classes. No buffers from any other use have been specified by the regulations and there is no indication that a Retail Cannabis Store must be separated from any other Retail Cannabis Store. However, following the recommendation of AMO, staff recommends the adoption of a policy statement to guide the preparation of comments to be submitted to AGO on applications for retail stores. Page 197 of 377 4 PBD-2018-76 December 11, 2018 Can the City use zoning to regulate Retail Cannabis Stores? The Provincial legislation expressly prohibits municipalities from distinguishing the use of land, a building or structure that includes cannabis sales from any other retail store. Because recreational cannabis is a legal, controlled and regulated product, cannabis will be considered like any other type of retail product, and as such, no zoning changes are needed. The provincial licensing process does not remove the requirement to comply with the zoning by-law and other municipal planning documents. The definitions within the municipality’s Official Plan and Zoning By-law are applicable to all retail, including cannabis retail stores. Retail sale of cannabis from a provincially licensed store is legal and is a permitted use in the retail zones. Some of the City’s zones, such as the Tourist Comm ercial zone, prescribe a maximum floor area for retail stores. This regulation would apply to universally to any retail store and should not be considered contrary to the legislation. Can Cannabis be sold in stores alongside other retail goods? According to Ontario Regulation 468/18, under the Cannabis License Act, 2018, all private recreational Cannabis retail storefronts must be stand-alone stores. A retail store authorization would not be issued to a proposed cannabis retail store if, the retail space where cannabis would be sold, is not be enclosed by walls separating it from any other commercial establishment or activity and from any outdoor area. Nor can the space be entered from or accessed through any other commercial establishment or activity, other than a common area of an enclosed shopping mall. Also a license would not be issued, if the cannabis to be sold, is received or stored where it is accessible to any other commercial establishment or activity or to the public. Retailers will not be permitted to allow anyone under the age of 19 to enter their stores. Any individual who works in the retail cannabis market must complete approved training in the responsible sale of cannabis. The legislation limits the holder of a retail store authorization to sell only cannabis purchased from the Ontario Cannabis Retail Corporation. Other items permitted to be sold at Cannabis Retail Stores include cannabis accessories and shopping bags. Must Retail Cannabis Stores adhere to Municipal Building Inspections? While the licensing of the store operation is the responsibility of the AGCO, the Building Code applies to cannabis retail store locations. Therefore, where a building permit is required, the building inspector will undertake duties as usual. Fire Code compliance is also mandatory. Who is responsible for enforcement? The Cannabis Licence Act, 2018 will be enforced by the AGCO through regulatory measures such as licence sanctions (e.g. suspensions and revocations, and monetary penalties enabled under the Alcohol and Gaming Regulation and Public Protection Act, 1996). The act establishes general offences respecting the licensing scheme, including prohibitions against hindering inspectors or investigators and against retaliating against a person because of any disclosure to the Registrar or to an inspector or investigator. Page 198 of 377 5 PBD-2018-76 December 11, 2018 How many stores will be permitted in Niagara Falls? Store concentration and number will ultimately be determined by the market demand. A Provincial limit of 75 stores per operator has been set to prevent a high degree of market consolidation, promote opportunities for small businesses, and promote investment in the cannabis retail sector. What would the Cannabis Retail Store operating hours be? Private recreational cannabis retail stores will be permitted to be open between 9:00 a.m. and 11:00 p.m. on any day, consistent with new hours announced for retail stores for alcohol. What are the timelines for opting out of allowing Cannabis Stores in our Community? Municipal governments have the one-time opportunity to opt out of allowing retail cannabis stores in their communities. The decision to opt out must be made by a resolution of Council by January 22, 2019. Unless a municipal government opts out as per Ontario Regulation 468/18 s. 22, they are considered to have opted in to retail sales of recreational cannabis by default. Should the municipality decide to opt out, it must provide written notice of a resolution passed no later than three business days after the resolution is passed. What funding is available to Municipalities that opt in? The province has just released the funding approach to help municipal governments offset implementation costs. While opting out can be reversed after January 22, the municipal government will not gain any additional funding from the Ontario Cannabis Legalization Implementation Fund (OCLIF) than it had as of January 22 when it opted out - beyond the minimum second payment of $5,000. The Ontario Cannabis Legalization Implementation Fund (OCLIF) will be distributed as follows:  The City has been notified that it will receive its share of $15 million in mid-January in the amount of $48,254. This will enable all municipalities to proceed with their planned legalization activities.  A second payment of at least $5,000 from the $15 million will be distributed following the January 22, 2019 deadline for municipalities to opt-out under the Cannabis License Act.  Those municipalities that have opted-out will only receive a second payment of $5,000.  The Province is setting aside $10 million of the municipal funding to address costs from unforeseen circumstances related to the legalization of recreational cannabis, and priority will be given to municipalities that have not opted-out. Further details will be provided at a later date.  Finally, if the Ontario’s portion of the federal excise duty on recreational cannabis over the first two years of legalization exceeds $100 million, the Province will provide 50 % of the surplus only to municipalities that have not opted-out. Lower-tier and upper-tier municipalities will receive a 50/50 split of the allocation. The household numbers will be split between the upper- and lower-tier, and the allocation Page 199 of 377 6 PBD-2018-76 December 11, 2018 calculated accordingly. Decisions to adjust the split in allocation and transfer funding can be made at the local level as needed. Upper-tier municipalities will receive funding in relation to opt-out decisions made by the lower-tier municipality. Municipalities must use this funding to address the implementation costs tha t directly relate to the legalization of recreational cannabis. Examples of permitted costs include:  Increased enforcement (e.g., police, public health and by-law enforcement, court administration, litigation);  Increased response to public inquiries (e.g., 311 calls, correspondence);  Increased paramedic services; increased fire services; and  By-law / policy development (e.g., police, public health, workplace safety policy). Complementary to this municipal funding, the Province will continue to do the following:  Increase the capacity of law enforcement to help detect drug impaired driving through training. The Province has also created a specialized legal team to support drug impaired driving prosecutions, increased capacity at the Province’s Centre of Forensic Sciences, and has created a Cannabis Intelligence Coordination Centre.  Support local boards of health (public health units) by providing a suite of tools and resources for enforcement of the Smoke-Free Ontario Act, 2017, which includes rules for smoking and vaping of cannabis.  Conduct an integrated public awareness campaign to communicate the rules and regulations for recreational cannabis and educate Ontarians about the health and safety measures in place to protect them. What is the effect of the City’s anti-smoking by-law? The Province’s Smoke-Free Ontario Act, 2017 will allow smoking of cannabis in any location where tobacco products may be enjoyed. The maximum fine for using cannabis in a prohibited place would be $1,000 for a first offence, and $5,000 for a subsequent offence, the same fines that apply to smoking tobacco or using an electronic cigarette in a prohibited place. In Niagara, a regional by-law is in place for Smoke-Free Outdoor Spaces to which the prohibited use of cannabis would also apply and be enforced. The City’s by-law is written such that it prohibits smoking of any product in certain places, whether it be tobacco or any other substance. ANALYSIS/RATIONALE The City cannot prohibit or otherwise regulate the retail sales of cannabis. The City cannot opt out for one part of the city – either the municipality is out or it is in. The City has until January 22, 2019 to pass a resolution to opt out. The municipality (as well as the public) will have a 15 day period to submit comments to the AGCO on any property where a retail cannabis store is proposed. The AGCO will not issue licenses to any retail store which is located within 150 metres of a school property. It is recommended that the City adopt a policy statement to guide the preparation of municipal comments on proposed retail cannabis stores. In keeping with the legislation, the comments should reflect the intent that youth be Page 200 of 377 7 PBD-2018-76 December 11, 2018 protected, public health and safety is protected and illegal activities are curtailed. Accordingly, staff recommends that the municipality not support applications for stores within 150 metres of nursery schools, daycare centres and municipal libraries, parks, trailheads, and recreational facilities including community centres and arenas. A draft policy statement (500.22) is attached. The City’s anti-smoking by-law applies to any product which can be smoked, whether tobacco or another substance. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City has been notified that it will receive a first payment of $48,254 in mid-January and a second payment of $5,000. The City may experience additional staffing costs associated with enforcement and inspections. Where building renovations/construction necessitates a building or sign permit, the City can expect to receive additional revenue fees. LIST OF ATTACHMENTS  Appendix 1 – Potential Location of Cannabis Retail Store with 150 m buffer from school properties.  Appendix 2 – Draft Municipal Policy Statement on Cannabis Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer D.Morton:A.Herlovitch:gd Attach. S:\PDR\2018\PBD-2018-76, Cannabis Regs.docx Page 201 of 377 8 PBD-2018-76 December 11, 2018 APPENDIX 1 Page 202 of 377 9 PBD-2018-76 December 11, 2018 APPENDIX 2 CORPORATE POLICY PLANNING, BUILDING & DEVELOPMENT DATE EFFECTED December 11, 2018 DATE OF REVISION PROCEDURE 500.22 Municipal Policy Statement on Cannabis Report: PBD-2018-76 1.0 Purpose & Vision a) The purpose of this policy statement is to provide a format for the City of Niagara Falls to provide input to the Alcohol and Gaming Commission of Ontario (AGCO), as well as help prospective recreational cannabis retailers in their consideration of location of cannabis retail stores in Niagara Falls. b) It is recognized the AGCO is the provincial authority responsible for licensing cannabis retail operators, authorizing cannabis retail locations and licensing senior store staff. Municipal governments have no licensing authority. The AGCO regulates and reviews all aspects of the retail operation including municipal and public input, that the proposed store location is consistent with the public interest as defined in the regulations. c) The City of Niagara Falls has chosen to allow retail sales of recreational cannabis within commercial zones. 2.0 Principles for Cannabis Retail Store Locations a) For the purposes of this policy statement, a cannabis retail store shall mean a store licensed or under application to be licensed by the AGCO. b) Land Use Planning: The provincial licensing process does not remove the requirement to comply with the zoning by-law and other municipal planning documents. The definitions within the municipality’s Official Plan and Zoning By-law are applicable to all retail, including cannabis retail stores. Retail sale of cannabis from a provincially licensed store is legal and is a permitted use in the retail zones. c) Municipal Building Inspections: The Ontario Building Cod e applies to cannabis retail store locations. Therefore, where a building or sign permit is required, applications together with appropriate fees shall be submitted to the Niagara Falls Building Division. The building inspector will undertake duties as usual. Fire Code compliance is mandatory. 3.0 Cannabis Retail Stores and Sensitive Activities Page 203 of 377 10 PBD-2018-76 December 11, 2018 a) The goal is to help ensure public health and safety, protect of youth and reduce illegal sales, retail cannabis stores are discouraged where nearby properties are designed to serve youth, or the potential for illegal sales or health risk exist. It is recommended that a 150m distance be maintained from: i) Schools as outlined in O. Reg 468.18; ii) Facilities such as nursery schools, day care centres and municipal libraries, parks, trailheads and recreational facilities including community centres and arenas; and iii) Facilities that serve persons with mental health or addiction challenges. b) Attached is a map showing the retail/commercial zones of the municipality and the activities identified in i), ii) and iii) above. 4.0 Comment Preparation & Submission a) Planning Staff when preparing comments to be submitted to the AGCO, shall have regard for: i) ensuring zoning allows a retail use as a permitted use and whether the zone provisions and regulations of the zone can be satisfied; ii) the separation distances listed for uses in 3.0 i), ii) and iii) of this Policy are met; and iii) the goal of 3.0 is met. b) Where time limits do not allow a report to be brought before City Council, the Director of Planning, Building & Development is delegated the responsibility to submit comments to the AGCO on behalf of the Corporation. Page 204 of 377 A CAO—2018—08 DeCeiTIbeI'11, REPORT TO:Mayor James M.Diodati and Members of Municipal Council SUBMITTED BY:Chief Administrative Officer A'[)“[;0;‘l'tl-'I‘;e;I;of integrity Commissioner RECOMMENDATION Janet Leiper be re-appointed to act as the Integrity Commissioner for the City of Niagara Falls until December 31,2019. BACKGROUND Pursuant to Section 223 of the Municipal Act,the Councii of the City of Niagara Falls shall appoint an Integrity Commissioner who is responsible for performing the following duties: .The application of the code of conduct for members of council and the code of conduct of members of local boards. .The application of any procedures,rules and policies of the municipality and local boards governing the ethical behavior of members of council and of local boards. .The application of sections 5,and_5.2of the Municipal Conflict of Interest Act to members of council and of local boards. .Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member. .Requests from members of council and of local boards for advice respecting their obligations under a procedure,rule or policy of the municipality or of the local board, -__.I.I_!__IL_I___.!_..___.___..I.__._......_E.__.as Lllb‘C6158 may D8,QOVGFHIHQ[He BUIICHI DGFIEIVIOF OT members. 6.Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act. 7.The provision of educational information to members of council,members of local boards,the municipality and the public about the municipality's codes of conduct for (VF Inna}|\IInn¥o-sinnl ("An-vFHn4~ nnuluuulo UI vuullull anu IIIGIIILIUIO UI Iu\.-cu IJUGIUO allu GIJUUI.LIIGIVluII1L;I|JaIkIU|IIIlLa|.Ul Interest Act.2017,c.10,Sched.1,3.19 (1). Page 205 of 377 CAO-2018-08 December 11,2018 In May,2018 Council appointed Janet Leiper to serve as Integrity Commissioner for the City of Niagara Fails untii December 31,2018.As such,a re—appointment is now necessary.Staff are recommending that a re—appointment be made until December 31, 2019,the same terms and conditions as the previous appointment. FINANCJAL/STAFFING/LEGAL IMPLICATIONS Adequate provisions for Integrity Commissioner Investigations have been provided for in the Legai Services Departmelntgudget.Q KenTodd,Chief Administrative Officer Respectfully submitted:3 Page 206 of 377 CD-2018-06 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2018-06 2019 Council Schedule RECOMMENDATION That Council approve the proposed 2019 meeting schedule. EXECUTIVE SUMMARY A proposed 2019 Council Meeting schedule is submitted for Council’s consideration. Staff is proposing a few additional meetings in 2019 as compaired to the 2018 schedule to fill in a few gaps left during the year, namely the ‘elections hiatus’ that was taken in September and October. A similar schedule to the 2017 calendar has been prepared, in which Council includes some bi-weekly meetings early in the year, to ensure timing for all budgets to be approved. Public meetings under the Planning Act will continue to be scheduled for 6:00 p.m. when necessary. BACKGROUND Rule 2 of the Standing Rules of Council (By-law 89-155) states that “ … meetings of the Council shall be held in accordance with a Schedule that forms part of the by-law.” As a result, on an annual basis, a new schedule is put forward for Council’s consideration for the upcoming calendar year. Subject to Council’s input, the by-law approving the schedule will be brought forward at a future meeting. ANALYSIS/RATIONALE Staff is proposing a schedule of bi-weekly meetings early in the calendar year, to ensure timely approval of municipal budgets, followed mostly by a schedule of meetings held every 3 to 4 weeks for the remainder of 2019. Council is also reminded that special meetings can always be called, if need be. This current year saw one special meeting called. Page 207 of 377 2 CD-2018-06 December 11, 2018 Some highlights of the calendar include: 2018 saw 13 scheduled meetings with a break in the months of September and October due to the municipal elections. 2019 has 17 meetings proposed. 2018 had gaps between some meetings of 5 or 6 weeks which lead to some administrative challenges in getting some approvals before Council. 2019 sees the longest gap between meetings at a more manageable 4 week interval 2018 saw more meetings weighted near the start of the year to give Council more opportunity to deal with the Budget 2019 also has the start of the year weighted with more meetings. Should Council feel that having 16 meetings in 2019 would be more desirable one meeting in June could be withdrawn and by moving the May meeting later in the month we could still achieve a manageable timeline. CITY’S STRATEGIC COMMITMENT Organizational Effectiveness and Efficiency: Ensure that governance structures are appropriate and effective. LIST OF ATTACHMENTS  Proposed 2019 Council Meeting Schedule Recommended by: Bill Matson, Acting City Clerk Respectfully submitted: Ken Todd, Chief Administrative Officer Page 208 of 377 2019 JANUARY FEBRUARY MARCH MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 2 3 4 1 1 7 8 9 10 11 4 5 6 7 8 4 5 6 7 8 14 15 16 17 18 11 12 13 14 15 11 12 13 14 15 21 22 23 24 25 18 19 20 21 22 18 19 20 21 22 28 29 30 31 25 26 27 28 25 26 27 28 29 APRIL MAY JUNE MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 2 3 4 5 1 2 3 8 9 10 11 12 6 7 8 9 10 3 4 5 6 7 15 16 17 18 19 13 14 15 16 17 10 11 12 13 14 22 23 24 25 26 20 21 22 23 24 17 18 19 20 21 29 30 27 28 29 30 31 24 25 26 27 28 JULY AUGUST SEPTEMBER MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 2 3 4 5 1 2 2 3 4 5 6 8 9 10 11 12 5 6 7 8 9 9 10 11 12 13 15 16 17 18 19 12 13 14 15 16 16 17 18 19 20 22 23 24 25 26 19 20 21 22 23 23 24 25 26 27 29 30 31 26 27 28 29 30 30 OCTOBER NOVEMBER DECEMBER MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 2 3 4 1 2 3 4 5 6 7 8 9 10 11 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 19 20 21 22 23 24 25 26 27 28 29 30 31 25 26 27 28 29 30 31 New Years Day Family Day Good Friday Easter Monday Victoria Day Canada Day Observed Civic Holiday Labour Day Thanksgiving Christmas Day Boxing Day March BreakCouncil Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Council Meeting Holiday Election Inaugural Council Meeting Education Session AMO 2018 Page 209 of 377 CD-2018-07 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2018-07 City Representation to the NPCA Board RECOMMENDATION For the Information of Council. EXECUTIVE SUMMARY The appointment process for the next term of the Niagara Peninsula Conservation Authority (NPCA) Board has been in question for the past several weeks. Staff have been preparing for all possible scenarios should the need arise for City Council to make a recommendation for the appointment of a representative to the NPCA Board. BACKGROUND For the previous 2014 to 2018 term, Mayor Diodati was the City’s representative on t he NPCA Board. Regional Council previously offered each appointment to the Regional Councillor’s or the Mayor of each local municipality. On November 23, 2018, the City received correspondence from the NPCA Chair regarding a legal opinion on Order in Council (OIC) 2706/94 (dated October 12, 1994), which identifies the process to appoint Board Members to the NPCA Board. This correspondence is attached to the report as Appendix 1. As stated above, this direction for appointing NPCA Board Members differed from past practice, which is outlined in Appendix 2 (excerpt from the NPCA’s website). As a result of the potential Order in Council directive, it was entirely possible for there to be a need, or desire, to have citizen appointments to the NPCA Board. As a result, the City advertised for interested citizens to put their names forward to be considered to sit on the Board. This application process was advertised to close on December 7, 2018. At the Regional Council meeting of December 6, 2018 a motion was passed that an interim board of 12 Regional Councillors, 1 from each municipality, be appointed to replace the Niagara Peninsula Conservation Authority Board for a period of 3 m onths, until it is determined how to proceed with the Boards composition effective immediately. Page 210 of 377 2 CD-2018-07 December 11, 2018 As a result of the actions taken at Regional Council, the 12 Niagara representatives to the NPCA Board will serve for 3 months, giving local municipalities time to determine how the communities will be represented at the NPCA for the current term. At the close of the advertised citizen application process to the NPCA Board, Staff ha ve collected the following 23 individuals, in no particular order, who have exp ressed an interest to serve on the NPCA Board: Chris Hogendoorn Lianna Carlyle Selina Volpati John Beam Tony Caruso Dianne Munro Rich Brady Karen Fraser Nathan Sauer Mark Cressman Angela Peebles Paul Colling Clarke Bitter Ronaly Meier Antonio Baldinelli Edward Klassen Jennifer Vida James Susin Christopher Reid Tawnya Hartford John Kotsch Helga Campbell Dinah-Lilia Mansour This list of applicants will stay on file and can be shared with Council, if needed, once the application process with respect to the NPCA Board is established for the 2019 - 2022 term. ANALYSIS/RATIONALE With the current application process on hold, as per the recent actions taken by the Niagara Regional Council, there is no action required from City Council at this time. Staff had gathered a list of citizen applications, should Council have been in a position to consider citizen appointments to the Board. Until further certainty is reached with regards to the appointment process, staff will keep the current citizen applications on file. CITY’S STRATEGIC COMMITMENT Organizational Effectiveness and Efficiency: Ensure that governance structures are appropriate and effective. LIST OF ATTACHMENTS  Correspondence from the NPCA Chair  Selection of Members to the NPCS Board of Directors Recommended by: Bill Matson, Acting City Clerk Respectfully submitted: Ken Todd, Chief Administrative Officer Page 211 of 377 z_>m>n>umz.zm:_.> nozmmn<>._._oz02.82:5A I>:.:0m_.<z_.n>mama.n_.m_.. N8.._..08_:mom:Emu...ma200:.>.m__m::02anw.>D .m_%:o_.1m8Zmm-m.mmxNmo _ mmnm_3:mGem..330. mm33.53:::~.m.%..mPm«m«mm.o:.nm _ <<EE.:mnm.nm z0<m30m:B.B3 >..m:._0:.mmo.0:m__<_::_0_0m:.<0..z.mnm:mO:_m.>03::m.:m._<mO..:0m. mm©_0:m__<_::_0_0m:.<0..Z.mmm:mmmm_0:m_Q0} >:mm_<_::_0__0m_Immam0..00:30: >:mm_<_::_0:0m_O.._m.>03=:m..m._<m04:00.0\O..<_<_m..m©m:m >«mm_<_::_0.0m_O_m1Am 000030339 ._.EmZ_mmm:m_um..3m:_mO0..mm..<m._0..>:E01.<AZ_uO>v.m._.m3mm.3mEma<<m0:mm.0m<. Z0<m30m:N..No.m.:m0m_<mn_3.n0:3m._0:.403Xmmmsm:mm.:_.m<<<m:m:m©m..03m0301..00:30: .05.M40905.Em.m0O0.00m_..m_393<<.._0:_0m:..:mmEm0.00mmm.0m0003.w0m_.0_<_m30m..m .0EmZ.mmm:m_um:Em:_mO0:mm..<m._0:>:E0:.<I_u:__>:E01.<w0m&. Emmmm:30m..m0..m0.m0m.m:m0003.0:_m..m:.403_<_:._u._um_<_m_00.XmomsmEmm...__.m<<<m«m.0: <053.0:3m._0:ms:.m<_m<<“Em..0__0<<3@m..m00..0_:m_0:mms:_.m0033m:0m._0:m. Oo:0_:m.o:mms:_~m0o33m:n_m._o:m ®_<m:E_m:m<_m<<ms:0::00:0_:m.0:m<<m<<0:_0mcmmmm.Em.EmZ_uO>m0<_mm_.m 0m30_0m.Em3::.0:0m:..mmEm.Em000:0m:0m<<_EO5.8...Em.m0003.3m:.m.0 Emwoma.403_.m0m30.0m.:.©3::_0:0m:._mmm_.m.0mm3m0mEm000am:0m<<_E Em3m3.m_.Em.<<mEm<m0:.::m0ms:Em.mmm..:Em::m0033m:0m._0:E0:00. .0m..m:.m0030:m:0m<<_EEm>0.ms:O_ONo.3.mmEm:mm@0000.m0..mmE Z_mnm:m.Em.E0&0:.0m:m::mEm.Emm000E.3m:.m.0:z_m©m:mmam :m0:mmm:.m._<mm0.Em_»mm._0:0.Z.m©m_.mEm.Eommm0.00_:.3m_..m0<Em_00m_ 3::_0:0m:._mmmE0:_00m.02<m_dm0.0_»mm_0..m_00:30:ms:m0<m:0m0mm m000_:.3m:.m.0cm3m0m0:0m:m_..0..z.mm_m:m.0Emwoma. m..0:_0<0:..m<mm..<0:mm._0:m<<_E:m©m&m.0E5003.0:0..m:0:_0<0:0m003m m<<m:m0..m:<mm:mm3m:._:mm:_m._0:0_.Oam:E00:30:Em.<<0:_030mm.0:: 00.3.0:Em<<0:_00m_0_mmmm0.0mummx.0<0:.:Em.:mmmR::mmm3m. O3m_.E00:30:302%Imx0m6.. K..._u0.Em3::_0_0m:._mm<<:_0::m<m0mm:mwocumq.0omEm.mm03m3::.0__0m:.<. EmEmmqm0..00:30:0.m__3::_0_0m:._mm<<_..._:Em90::0:Em:0m_mmm.mm m:m__3mm.m.Em0m__ms::30:Em0:m_.3m:m.:00.EmO..m_:3m:0.Em Z_mmm:m_um:Em:_mO0:mm..<m._0:>:E01.<.0m000_:.3m30m:m.0Em>:E01.< Emoooamsom<<_EEmO0:mm2m._0:>:E01._mm>0._m0:023m.m:0:m 3mm._:o00:60:m-:m_..0.Em3::_0:0m_:m0.mmm:.m._<mmms:m3m_.0.._.<<0.m0. Em.m0:mmm:.m._<mm0.mmm:.00:6_.m0::m0.0m000:..m3m30m..0Em >:E0:.<.Page 212 of 377 <oc<<___:o._mEmaEmao__o<<Emnmmnosmnosmmsnoao<_mnoa.maoamooo_:Enma;mmam.8cmBmnmn m.EEmmm@_o:m__<_::_o_om_:<9“Znmmmam. Amvarm0.?9.Znmmmam.um__mmanEm+92:2mo:ma_m<<:.o:__m<<_E3Emn.ca_mnno:o: 9“Em>:Eoa:<mamnmm?smnmnmmoa_m3::_o.om_:<manmamn_o_3_<.8moooniaoca A3Smasomamn A3:50.?9.no:OoEoa:m_Em9.2oa<<m__m:n_Emao<<a.m:_o2<<m_a:._mmrEm .ao<<:om.UmEma:.Emon?on.a:oao_nmsnEm.ao<<:m:.o2<<mm.__.Eoo_a.<<:.o:=m <<_EEEm_.:a.mn.o.no:9.Em>:Eoa:<mamnmm_m:m..mnmmosm3::.onom_:<manmam _.o_a:_<nomooona:3.:A3azmasomamuman A8._.:m9.29.m...OmEmaEmm.Em._.o<<a.om.E:oo_:.Em._.o<<:9.m13mSmsnEm._.o<<: om.Z_m©mam-o:-Em-_.mxmSE0:=m<<_E_:Em_.E.mn§o:2Em>:Eoa:<mam nmm_@:m._mnmmosma:c:_onom_:<msnmamn.o3:<8mooo_a:aocaA3Bmasomam. coo:Emoo:o_cmno:9.<o:aammomo.n<m_<_:a:o8m_Emm_o:o=omn<manm_:©Eao:m_:._mnomsnnnmnmm. o_mmmmooimonmanoo:a_a3<o:am<m=mE_:<..8asmm?<<_EEmZ_uO>womanO:m_a_.8Emm _<_o_<_m:cm_QmaxnoEm>cEoa:<m.._aa_o3maEm©:oom.om. :5Z_uO>OEm_a<<___m:nmm<oca.8moooa:a:onm..mmm_mo.no:azmmnamommmm3c.Em__<mmammncoo: nm?m.ZEm”:39Em_<_m<oaoa=5:Immnon"0950:nmmnnsmnm<<=_USaoa<<manocmzmmn om:n_nm.Hmm8m..ma.naoaZ_uO>womanmoooE.na:m3.mmo:_<_:a._o_om_m<mm.ama:Enmn.8canonaoaéman so_mmmEm:AmansoazoamEm:Aocmzmmnom:n_nmHmmmmomaEmoaoommmo:.nEmnEOanmaE Oo::o__AO_OVmama?€28Ooaoomaem.Ema2:8:_nma_.n:mmEmoaoommm.8mooo_2woman _<_maaEmam8EmZ_mmmamUm:Emc_mOoa.mma<m.no:>:.Eoa:<. _u_mmmmmom.:3::m§3m:n_0.?on.Im3__.8:munZ_m@mammmmno:m_Ooc:o::m<mamnnmn mooonanmmmosomma.Eaocmrm.m_mo.noa.Emmnsmm.Emocaama:amoammm:..m.n<mm<<=_ooaascm8mma<m E:5:ammomon<momomo:<. ._.:mZ_uO>aEmmmmn.8mmmnm?>amm_<_:a._o.om_Immnm9“Oo::o__Aoanm_mmm..mmvE_nma::<_:mEm momo?ooanmanmoamammm2mxomanmmzmmnmn.mmomaEmZ_uO>_<_m:nm..m.sEm:oosmnnmanaéEmma mamm_mmm_mo.no:anZ_uO>woman_<_ma:oma>ooo.a;a:ma;m.>oo3o_m.Hmnmmoa?nozom.Emao_m_ ammoo:mE=Emmm:nEsmooasaszasmanWmm<m=mo_mEaocm:Emm_<_o_<_maEm.O_max.8Em>cEoa:<. coo:amocmm?. mmmomoqc__<_ mm:n<>3:C3N_m:m womanO:m_a.z_mnmamUm:_:mc_mOoa_mma<m.no:>:Eoa:< “.3 Page 213 of 377 FPCE3.UESMHO H?mmmm?oomx?mum Gimmemmx”?m.m§.%.ommWEE...mmBm_o®wm=hm _.>.2<mxm m?m” Zo<m3Umwmm.Ba _<_m1Aw1o_$__ O:_m_\.>Q3E_m.:m:<m03mm:mmo«m.B_.<-._.wmmmc_.m« Z_mmm$_um:_:mc_mOo:mm_.<m:o:>:.Eo1.2 N8._.:o5_amomq<<mm.H-ma_u_oo« <<m__m:a.OZ _.wOw<<m Umm?_<_rw1oxm___ _u:1Em«.8oc_._m:m_.9“Zo<m3Um<33man.8Em980:0:«mom_<mQU<EmZ_uO>womano.“ U__.mo.5wmA.._wom&..v<<m:m<mo::EmQocwobE_o:magwmoo33m:am:o:mm8E92Em oo3vomEo:9.Emsmx?womamEo:EUm.Em__NmQm_<m:Emooimim9.ocw_m:m«qm?mq Zo<m3Um«S3. >m<0:<3:_.mom__OE._m:m«9“Zo<m3cm«3.3.am3_.._8Em.“oa?EOocsozM035;A..O_O N33Emmmm”Emoo3vom:_o:o.“Emwomam:3mm:233m3vm?moo3U:mmq0.”EE<Ecm_m mUvoE.HmQEEmUm:_o_umE53c:_o_Um_:_mm.mvmo5om__<_Emwomwa_moo:mESmamm..o__o<<m” ._~_<_m3Um_.mmEuo=:maU<Emz_mmm_.m_~mm_o: N_<_m3Um_.mm_uUo_:.nmn__u<EmO=<0*Im3_:o: .__<_m3Um_.muco_:HmQU<_._mE_3m:nDocs? >m<<mmqsmmq.Q0833mm:9EmmawmmoEQmQowm3m:qmqmagEm:m<moo3n_3_mqmm3m <<_EEmt3<Eo_m_>3:_<mo3omm.®_<m:Em:Q083:mm:9Emma«mmoEQma2m3m:amq. msq©_<m:Em:Q0.83qomm:9oo3mEmsmxE$:o:o_mcmm:mmocwoUE_o:Em..Emwomwa Bcm?cmoo:mE_:mammmm?9:EEmO39.mUmo:n_om__<H am><mBSmNoam.Honob?o.053.10.93%53»N: H.?a.mam.mSo _ H...?a.mmw.mmom _ Wm?mrom Page 214 of 377 . 262ammwmwowmwswmcms?nommmwwosm0%armOO3mmH<W?MOB wnm?owwdwmmmam;w.m.o.ammo.Q.a.m4.wowd?mw?wmommom mwwowwwwdnsmawm?mdvmmowwoswmaQmmwmdmdwoummamwHo<wm%owmmow mmwowsdamuwmmammoUmswam"E w.HmS5wm?oumm.::E.-o.:u.a£J.ommmD.m?.§_m.Um..ZoH.moHW. AwvHbmH0250%U¢m:<wwH?mumwwmH02:ommmwmmammmz?wow Hwmsmwwwud?mm:wmmmwowwou.omw?mmmnwonwawWHW mmmwmbmdmmmmcumémbwmwwmwwdwmammamuowudwwdo mwwowbdowmARV§¢§UmR. m.H:?wmWm?wodwwSabwowwmwwdwommm§HH?QSL2m5d€OHd5~ AmyarmQw¢%owmdodmwnnmmw.dwmaosuonwdammdmH.w:m?rm Hoabmwwmowmwmmcnoowz?wowHwmzmwmmumumuzwwmmwowwouom?rmmswwonmnwmummmmwmdwwmmwmcuméc?wow?wwwdwmum m?mmowudwwdomvwowbd#20“mmEw§UwHm. m..HSdamwmmwoumwEmdMnwwmHwdMomzwwmmww. “myarmnw?wowZwwomwmmmwwmmbmw?mHoaromwoHdm?wm s?wm?Hwmswab»:nu»msammmmommouom?rmWnn?oxwdwmum mmmwa?wdmmWmcumsbdwnwwwwwwmmummHm.uow5¢w%mo. mvwawu?mesaAmyBmawmam? AUVarmQwdwomwowdoowvoudm.d?moHd%.omEmwwmbm.??m aosdmwwwomzmwmwwmmd.?rmHeadonwmwwma.«mmnwdwom awonommm?m??maossmwwdomzmmdbwuaowd£5903Hwmswarmsmummuwmmmwowmon0%armw¢wwoHHd%mammmmwabmwmm mmcumaaumomwmm»n<.msmm?mwommwwmdommmowuwma?anmv émsvmummmum anyarmQwdmommm.omd?mhwdmm.«umH025omHhdmowd.??m .6025cmmmwamvwmum?wmH02:omzwmmm?mlowldwmnvmwm 25905Hwmamwuwsm?mmcmwmmwnwmoaom?rmV¢d#oHwd%m?m mmmwmnmdmmwmosmEsnwowwmwwdwmummwmmomuaww#0 mvwowddmoc?Amyamavm?m. >mEmEm<m:o..mqEmmoo3uomEo:mmmm.HmU=m:mq3Q083.mq?mqmiEm:Emooanomaoz <,E_o:<<oc_a9%.,E52Em0o:mm~.<m:.o:>:Eo:.=.mm>9.A..>o3.OE._m:m«9.Zo<m3cm«S3 oE_EmmEmoum?mzmmmozosm0.“Em>0.“Em.“<<o:Eman?2:9..o_nEmQ0.83msq<<oc_a.wm?mw <0:.8mm3m+2Eomm$5.5. >m?owEmoo3Uom.ao:o?Emwomwq.001Em:coo3Em$3..o_<m:Em«mn::m3m3E90N3<<m «moo33m:aEm?Emnmao?mzsm3c2o€m_:_mmcmmqsmmaEm”3m<mcuomi3m3cm«mE moooamsom<sEEm..o__o<<E©” ImE_3m:aoo_.::<-03mA:.5332 <SEammvmo?8Im_&3m:q00:3?<<mno?mEm.“O_Omo.\.m\§mumo_.._om=<Bmxmmam?mamzom Im_n=3m:q-zo_+o_xma.8Em492:9“Uc::<=_mmagEm4.05:o.“Im_a_3m:a.UoEo.“ 2:8:<<mwmm3m_©m3m?mqE83E8Ima_3m:n_00:22.Ucwmcmi.8mama:.53Em >9Em<mwmamm3mn_6:m<m02328mmImasdmsq09522.5Emm3m_©m3m:o:mam wmmmm Page 215 of 377 W W WW mmmoo:<<mammnmmozoa.n9,.O5Noam?mmamocisoEmmooo_3a:m2oaozmA3 asmasoma:03Im_n_a:m:nOocsci 2%2_._m3.:o:.._.<<oANV_<_ma:cmam <<_Eammomo?3EmQ?2Im3_:o:<<mno.8Em:O_ONoam?momo3om=<Emxmm amamamoom8Emmmono:m__<_c:_onom_:<3Ima:__..o:.<<m2<<oaE.manmmom:9.EmQ?oa m.8:m<Oammx.Em._.o<<:oa>:ommnmamanEm._.o<<a_m:_o9.QmzoaooxsE_o:<<mamm__ m3m_om3m.nmnE.833.8Em9.2oaIm3=.8:.nucamcma:8mmonozno9.Em>2Em<mam nmm3mn.8:m<moo::aEmnmmEm0.29.Im3_:o:mamaEmm3m_om3m.no:manmm25:<<m ammnmmonosN9.O5Noam?mmamocisoEmmoooE.::ma:9.2,5ANVEmasomamaao3 Im_n.3m:nOo:a:<. mmomo:9.z_momam-._.<<m_<m2No_<_m3_omam CnzxmEmO59.Im3_:o:oaIm_n_3m:nOocaéa.Znmomammmo_o:n_n:o..mxomanmsomma. m3m_om3m:o:oam:mam:o:9.oocznmanmmmmmaO_OBEEmanmmmco::ooznzcmmmm Emom_.:o_omE6aa.:a:o6m_:<.m_Eo:o:EmmoooE.H3m3mm:oc_nomBmnmmmo:=Emn acaEmaEE_m_m:ma. <<m§%a§5_Em._Emocaamanwoman6ooasoommn9.asmasomamEEmscasomamamaaanm_oo<m manEm.“Emoooanmnom<sEmmono:33.89.Em>9EmmoooEE._ma:om.Eomm3m3omam<<=_ ooznscm:2:.33m%m$_<omaoamEmmam»asmmnsooaEmmcEoa:<mmmaEmoaEmaamo_mom3ma:_m mooonimn.<<mno?mEm”mmonooEAPNVoaosnmmEm.”moooE.na:ma:mm:m__E12m5::2co.8 3.:<mmammm3m<omnm.?ma3EmnovaEmOoca.o=<<Eo:EmxmmEmmo_oo_3a:ma;.®_<m:Em.”Em moooE.,3m:.nm8Emocaama:womanmammm.”.8mxonam2anasoozmanEmaEmoma.no_om:a.o 3c:_o_om_Emmommnsmmn9“Emmooo=:a:ma:m8omEmnmmsnEmEmssmaE<<Eo:Eomm moooE.H3ma:mmam.8mmEmnmEoanma.8mnmcamooa=.oa3:<<sEO_ONoam3..Em:mx._woman. >o_a:3ma:m.403mm.0:9.2:.mam <<Eammomo?8Em_wmo_o:9.znmomamA..znmomam__vmm<<m:m<mso?mnO_ONoamoammonomm:o<< Em.2<m_<m383m3omammam.5ommoooanosmnm3o:om.nEm_oom_aaEa..o_om_amm.womo_:om__<. Em_oom_3c2o_om__:mmmamoaocomn.8omEmaE8Eammmmomam?moaoconoom:03sE_o:32A3 Emasomammmo:mam8ommoooimn.mmonoom9.Em>9omaaszmEa.8ooocamsnmm5358 E90NoamE_moaocomso3..Z_momamAmm<<m:mmaoaEmaoaasmaIm_n_3m:n-Zoaao_xmsn Im3Eo:.<<m:.2<o:3moommam.8:m<momm:amocmm?mno<EmwomanmmEm?23mom.ommmmom2 O5Noam.>m:am_m.Hmm.5Znmomam_O_ONoamamoaammEm”mooo_a:3m3momasmnmo:Em ..o__o<<_a.oommnmn Q22z_momam_um__m.ao<<:oamo:mamnoE:<aocaEvBmasomam.8ommooonanmn 9.29.no:Oo=ooaa.m_9.29.<<m__m:n_ .ao<<:mEooa<<mEa_mm_rao<<:oa_umEma:. O:<oa.a:oao_n_aoésmzo2<<mma_:Eoo_:no.2?aocaEvasmasomam.8ommoooimn nmmozoz8oaEm>9“ <<:mamm:m<<3ca__o_om_:<_mmamo?mnoa.2<ooaEoam3_._3o_om__:mmmamm3m_om3m.Hmnoam:<mammamssmxmn.8m a:c:.o_om_:<munm:<omn9.Emammcanso3ca._o_om_:<mmSEEEmmammo<ma<E_o:ma.mcEoa:<Emmn.:nmn_o.no:.moo: ammcazo3c1o:om_:<m:m__omnmmasmn.8:m<momm:nmmnosm?mnmomano?mnzo3c2o8m_:<o<Em_._mSm:m3 ®o<ma:oaEOoczoz.moo.88.o.O.Na_m.mm. wmmmm Page 216 of 377 O_”<o”m”.OmEm1:mm.4.05:o”_._:oo_:. 492:9.®13m”m<. 40,2:9.z”mom«m-o:-Em-”.mxm,_oE”_<3:”EV3m3cm”m”ocmmvnoE”ma <<m:o”mEm”O_ONo.3mcmoEom__<«m”m«m:ommEm”m_§..”.oES\”ombbo”.:”..mmoucommq”o”m::m Em”<<oc_mmcommm”Em”Emmmmwoccmsm<<ocE”moo33m:aEm_<Ecm_m”ommmEmoE”mm9”Em Oo::o=3”zmmmmwm.<<Zo:<<o:_mmcmmmm”Em”EommmbuoE”3m:”mmm”oUmBmqm3Eomm nwocgsno”3c:_o_vm__”.mm.3”mo”.Q083Emmoao:5”mmmom”_om__<_am:”_mmm:92E6_m”o ooocwmamu3<_mmmmm..o__o<<m” wonnumsszwowvmwwwwmmssmoswm<mcmm:nuocwmmnoomnumumm cumscnwowumwwnw.numummmmomnocsowwonmy”acswnwvmwwnwmm away”:armmacawonnummnamwmamdmmmummyEmmamm«mmomww mumzummwarmowwwnamamuwuommumnumwnamnoncamzwwnmwm wmswumcwmooummH<md»oamunuonmamnomucowsdsmavmwmno«so wnduonwnwmumoooummuomswanmumooummH<md»o:msnuoumammm van.mnsonzsmmmcoumsmmnwsmvmwsuonmcumwmomdam scbwowwmwHmnHmmm:nmnw<mmmummsmgonwnwdonmom«um Hmm.Hmmm:nm”......»<mmuwmmmddUmwso.Hmncwnmm.nomuuowunmamsvmn nomamwanuowwdw. >mEo””mmqE©o”E_mmmo”_o:<<o:_n_3mm:Em”EmEmmamo”Emoo::o__mem._<_m<o”mo_.Em... mmm.m_:m”mmvo”Em3c2o_um_EmmEm”:m<mUmm:mwocvma”onmEm_.<5:3mm”m”m””3mmm”3”Em 03m:9.Emz_uo>”omnuo_:”Em3m:Em«m”oEmwom_d.403Em”©”.O”._U3©_sE.o:mmEmqmmmm” ”oUmaosmEmoooamsom<<_EEmn3<_m_o:mo”Em>0”.CsmmwEm>o”_mvuoE”3m:”mm_.m ”mnc._.mm”oUmBmqm9”Em”mmumo””<mOocsozmm<<:_O:<<o:E:o3.m__<En=om”mEm”0959.”o_. Z.mnm«m<<ocEm_mnoE”S3m3Um”m.mmmo”.o:N”o”05Mom:o<<m<m«mmm3m”oU_.o<Em.6”m Uo”m:”_m=<Q?mams”3mEoqo_om<mEom.”v8<EmmEm”Em3mm”Emo”Em_<_m<o”mmsmEm03m: <<:_mm”m”3EmEmm”mcoE”3m:”m3”<<m<o”m3m_.o1”<<o”m.<<momzso”am”m”3Em<<:mEm”9.so” E_mvwoommcam<<mm...o__o<<mQ9”Emz_uO>ma3”EmEwmmum_.”_o6m”Em3c:_o_nm_Emm._:o_:a_:m Im_&3m:m-Zo1o_xmamIm3=”o:-<<m:”<<o_.E.m””m”Emvmmmmmmo”9083mag9.6..”oEm m3m_©m3m”_o:mENo”:m_Eoc©:<<m::am”m”m:aEm”_”3so”:92EmmvcoE”3m:”m”oEmwoma Nmmozoz39nEm>o”U 3iv_<_m3Um_.mo”m:m:Eo:”<m:m=cmmnno3”mq3Em”mmumo”w<moocsozmo”EmumEo6m”3©3c:_o_cm=”_mmEEm ::3Um_.mmm”oc”EmcvmmozosmEv”o1EmmucoE”3m:”9.«mu”mmm:”m”w<mm.moi.o.mm.mo:8__Pm.Am”3. m>m<<m:m<m:o”mQ9<m:Emm3m_©m3m””o:mEm”oomcamaE83.EmOoczozm”o«Im_n=3m:amamEmO_”<o” Im3=”o:<<o:_am”m:aEEmEmomo”Em”o”3m«3:2o€m__”_mmmam<<oc_o_3m_$EmmunoE”3m:”mEm3mm_<mm. wmmmA Page 217 of 377 30<m000300000..0:0030000m0m30.<.030.30000.00.0000.000.000000E0003000.0.030..E0 0<<m.<0:0.30300000003z.0m.000. 0.00000300m<.0<<0..0.0800.0.00000m003303000.03E00E00000030030.000<.00Em E09030..Z.0m000E000000.303m300<<._.000000.<m0.3Em30330000000.000000<m030E000 3000.30,2...0000..0000000.00000000.0.0E3000Em.<.0<00000030.000.0000005...000030030 0E0..N0Em0000.30303000303000Em.0030.0.000300.300000<<0<00030..00.0<<00000000 m000.03A000.0800.<<:..m0.0N000200.00000000E00.0.03003000000000000Em 0000.30303000003z.0m000000030000<Em00030..002.000000.0000.<.E000.03003.30.3Em >00000.0No.00E00<<00.0000<m30Em.000.303.0.00_.0.m000033000.30<<.EEm000.000Em z00>030<00E0000000.303030000000000.000.3Em3030000000..300030E00000000 003000.30E000.30.<.000.0<<3000<000030000.30000030300000000000320000<00030.. 0002.00000000000.30303000000000000000<Emz00>..3E.0<<0<E000200.000 0030..0300<<.E0.0No.0003000Em00300.30<<00.00.000300000030003.0<<<.EEm0000000 03000Em>000000000.30303000003Em0000.0.000.3m.303.0.00_.0.m0.<<3..0E00000300000.:0.. Em0000.2000000000<23.03Z.0m.00030x000000.303m30000<00.0000000000300050Em 30300003003E000000000.00.000.000000303000Em.000.303.0.00_.0.m0.03030<03000003 00000000000.3<000.m0000030.EE.000000.0B00.0030....0000,2E000000.00000000.0 00.000000EmZ.u0>w000003000000003303000.03.0E00030..00030.3000E000.003 000003030E00200.00.000E.00000.00000000003E00Em000.03020.032000<0000..300. .30.00.3m.Em0m003303000.03E000000.30303000m003200000030E030003.00000<00030.. 000Em0000.03.<<00.00m00000030<<0<000000000000300000030..0300. >0.30303000.003I0.0.030:00000.00300.0001030.00: >0<<000<030000.000I0.0.303000030<030Em0.00000I03..003Em0000000003000003 0.0000000.<._.00m00Em0000E00Em000<.000.0<<00-0.00303.0.00_.0.m0:0<m00030306030000E moo.030000000E0<<00.0000033030E000000.30303000m0000.<000.0m00.<0003Em 00030..000Em<00.000303.0.00_.0.m000..0..0<<0“ I0.0.303000030<0300..303000 0.000..I03..0030,20083030000 0o30.00.o30030.~00o3303000.o30 0.<03E.000<.0<<0300000030.00.030<<0<<00.00000000E00EmZ.u0>00<.0m.000000.0.000.3m 303.0.00_.0.m0E00.300000003005.030.0.0000E000000.303030000Emw00000003.00 00_.0.0.000.3m.303.0.00_.0.m0000000m3000.30000000300<<.EEm303300E00<<030<0000..300 030E00000000030000003303000.03.300000000300000030..0300<<.EEm>000300.0No.00. 00$0..00000000000.00.3Z.0m000.E00.30000000030000E00E00000.3030300000Z.0m000 0000000m003000.<0000E0E09030..2.00000E00E0000000.30303000<E0.000.303.0.00_.0.m0 0300.00000320000000E09030.00030..03000<03000000000.303030000003000030030... 0..2.0000000E0.w0000. Hummm0 Page 218 of 377 m:o:_n_<0::m<mm:<ncmmaosm<<:_..«mnmam.8Ham02:8:3m:o:E<0:Umoo3mmémwmo?m:< mm$m3m3.$mc_.n:_o:owOamw3Ooc:o=Em:<<oc_Q.3839:.oU_:_o:Em<<oc_o_cmEmmmma.8 mummx8<0:E133Emmaimmm3m. m3om$_<. x>m>zm:>md~_Eu UmE__<_Um_<_m_o wnmnm Page 219 of 377 mm_mm””o:0””_<_m:”_um_.m”o”:mz_uommom...”0””U=.mo”o_.m Amxom8”:03Z”uO><<mUm_”moU”mEmqZo<mEUm:M9M38 armoE.mo”.<mmo”m:mcEo1”<m_.m”omm”mU:m.:msqc:qm..”mxm.EEmm:mmo<m:<,E_o:”” Emm.E1mq_o”_o:.mU_d©_.m:.:Qmm?sma”o”nc_.Em:Emoo:mm2m”_o:.:mm”o:m”_o:_ Qm<m_on3m:”msa3m:mmmEm:”o::m”::m_:mmo::ommoEm:Em:mmm:o=.oom_msa EEm:m_m..33mm”EmmEm:qm”m_Emzmmom:m”um:Emc_mOo:mm_.<m”_o:>:Eo1”<”Z”uO>v _m@o<m_EmQ3”.._<_mEUm_.m9.>:Eo:”<._Ao”.”m::m”.m::mQ”ommEmwoma9.U:mo”o:mvmm mm:mmo””o:E9.EmOo:mm:<m””o:>:Eo:”_mm>o”. mo:Emz_uo>.Emwoma9.U:mo”o:moo:mwm”mo:Em”o__o<<En:m”m:mmm:”m””o::03Em E:mmavcm:””oEm”EmEc:_oEm__”_mm”S_<_mEdm:m:03EmEmma:9.Z_mmm_.m.M _<_m3_mm:m:03EmO_”<9“Im3=”o:.msqA_<_m3Um::03Im_q”3m:aOoc:”<. ._.:mOocsozmo”nmmo:o”Em_.mmcmm”.<mnm_.””oEm”EmEc:”oEm__”mmmEmmEm_.mmco:mE=_”< ”omEmoE”Em:_<_mEUm:m.>”Em25o:Em:mmumo”_<mmvnoE”ma”m:3m.Emz_uO> ”.o:Em__<:mn:mm.”mmmo:nm”.”EEm”En3c:.oEm=”<”omuvoE”Em:Em3_mm:m. mo:Z”m©m:mEmma?Em:mmuo:mE=_”<o”muUoE”EmEm3cm:m_um_o:mm”oEm::m©_o:m_ oocsoz.jamumm”u:mo”_omo”Em_.mm_o:m_ooczozEmmUmm:”o942mmEm_mmEmoE”3m:” :03mmo:0””Em:”<<m_<m_oom_Ec:_mEm__”_mm.EEm..o__o<<EmQdm: 4.ArmmUuoE”3m:”_momm:mn_”oEmmm@”o:m_Ooc:o___o_.o_.Em_<_m<o_.9.Em_oom_ 3::_o_Um=”<” m.mo:m”.0mEm_.Emm.Emomm:”mEmqm”oEmmmmm_o:m_Oo::o___o:mmsqEm _<_m<o_..EEmm<m:”Em_.maEo_.mEm:osmm_mo”ma_.m_u:mmm:”m””<mEm” mmmxmEmmUUoE”3m:”.Em:m@_o:m_oocsoz<<=_<o”monEm:mv:mmm:”m”_<m Em”<5:cmmUUoE”m9 U._uo_.Z_m©m:mT.m__m.Emo”._.m_._mEmqm”oEmmmm©_o:m_Oo::o”__o:mmzaEm _<_m<o_..EEmm<m:”Em_.m_m3o:mEm:osmm_mo”mq_.m”m_.mmm:”m”_<mEm” mmmxmEmm_muoE”Em:”.Em:mm:o:m_00:30:<<=_<o”mo:Em:mc:mmm:”m”_<m Em”<3:mmmUuoE”mR 0.mo:<<m__m:q.Em942.m.Emqm”oEmNmmm_o:m_Ooc:o=_o:mmsgEm _<_m<o_nEEmm<m:”Em_.m_mEo:mEm:ozmm_mo”mQ:mv:mmm:”m””<mEm” mmmxmEmmvnoE”Em:”.Em:mm”o:m_oo::o__<5:<o”mo:Em:mv:mmm:”m”_<m Em”<5:cmmvuoE”m9 a.mo:_uo:mam.®:::mU<.rEooE.Zmm@m:m-o:-Em-_umxm._umEm3._uo:” OoEo_Em.msq”.:o:o_m_Emomm:aEmqm”oEmmmm_o:m_Oo::o___o:msa Em_<_m<o_.:mmUmo””<m_<.EEmm<m:”Em:m_m39.0Em:osmm_mo”mn_ :mu:mmm:”m”_<mEm”mmmxmEmm_omoE”Em:”.Em:m©”o:m_ooc:o__§__<o”m onEm:m”m:mmm:”m””<mEm”<<=_cmmv_ooE”mq:03mmo:9”Em:mm_mmo””<m _oom_Ec:_oEm=”_mmu m.mo:<<mE”_mm”msq<<mm”_.EooE.Em942_m:mmUmo”_<m_<Emam”ommo: _<_m<o_..Page 220 of 377 N.::m_Em_,mmm©mo:m_Ooc:m=_o::o_.Em_<_m<o:mmmxmEmm6noE::m:..:03m :mmUmo:<m_oom_3c:mo_um_:<.Em:mm:o:m_oo::o=ooimo?mEm_oom_3c:.o8m_:< E:m:mmo33m:Qm:o:.EEmummrcum:Um:6soamqo.“m_.moo33m:qm:o:E Em_.m©_o:m_3c:_o_vm_:<_Em_omm_3::_o:um_:<Emmmm_mo.nmamsm_mo._ma3m3cm: :03Em:oo::o=.Asm_oom_ooc:o=_o:_mEm::moo33m:ama.8Em:mQo:m_ 8:30:.6:muU:o<m_.msqEmm6uo:;3m3aEmam. m.:som_mo..ma3m3cm:9.Em_omm_ooc:o=mmmxm.Emmuvo::3m:rEmmoc:o__ mm_mo.Hmmoamms_.mmE:_mEEm:_omm_3c2o6m_:<.._.:moENm:_mEm: :mmo33m:o_ma6Em:mmmo:m_mocsoz..o_.m2.:o<m_.mzqEmm6co:.::m3_m3%. mo:Em9.29.Im3=..o:_:Emmcmm:Emvmm?Uwmozmmo:Em:o:<mo::o=.8ma<mEmm z_uO>mnnoE::m:._m.o:Emo:<.mEmvmzmmag.08:385.OENm:mmum?8:Em mUno::3m2<_mmsmvnzmmzos3:3.:3o:mEm:.2<ooammsmmun?Emoo::o__.m mm_mo.:o:oo33:..mm=:m:<_m<<mEmomsaam?mmmagEmxmm:moo33m:n_mao:m6Q? 0950:.cum::mom_<E@Em_.moo33m:amao:m.9.200:30:mEu:o<mmEm _.moo33m:n_m:o:mmagEmmUuo::3m2aBmam. mo:ImE::m:a00:32.:EmmUmm:Emnmm?QmozomQ.Em:ooc:.28:20:8mm_mo.nms m_mo._ma:mU:mmm2m:<m.8cmmUUo_:..mq. O<m_.m__.EmE_.mmUmao?mgsm3c2o.nm_EmmEmxmEmmcvo::3m3.8EmZ_uO>womzd o.“U:mo.8:m6..mA-<mm..Hm_.3.._.:m5::m__m:m<<.EEm3::.o6m_m_momo:m. EEmm<m3Em:m<mom:o<ooocao:EmZ_uO>mom:9.U:mo.8:m.EmZUO><<o:_Q ::3mq_m.nm_<:o.3.<Em_.mmUmo:<mUmao?mzsm3::_m6m_:<.:53c:_o_Um_:<<<ocEEm: mUvo::m:oEm:nm:mo:.8mm_.<mEm:m3mEqm:o.“EmmT<mm:.8245.Page 221 of 377 F-2018-37 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-37 Monthly Tax Receivables Report – October 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 October 31, 2018 were $27.6 million compared to $26.6 million in 2017. During October, tax receivables as a percentage of taxes billed stayed the same as 2017 at 15.2% for both years. The City’s finance staff has had continued success in resolving properties that are subject to registration for 2018. At this stage 93.2% 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. Table 1 shows that taxes outstanding at October 31, 2018 are $27.6 million. This represents an increase from $26.6 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 and residential property class has decreased 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 ten months of activity. This table shows 93.2% of the tax accounts or 232 properties have been paid in full or the owners have made suitable payment arrangements. During October, four accounts were paid in full. In addition, the number of accounts with suitable Page 222 of 377 2 F-2018-37 December 11, 2018 payment arrangements including full payments increased from 92.7% (September) to 93.2% (October). 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 October one property was registered. The outstanding taxes for registered properties represents 0.5% 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 October 31, 2018 is 15.2% which is the same as 2017's value. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at October 31, 2018 Table 2 Taxes Receivable by Property Class at October 31, 2018 Table 3 Number of Properties Subject to Registration Table 4 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 223 of 377 TABLE 1 Taxes Receivable at October 31, 2018 2018 2017 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$ Penalty charged in October 215,568$ 207,123$ Taxes Collected during October 21,562,547$ 20,124,320$ Outstanding Taxes @ October 31, 2018 27,561,265$ 26,557,793$ Supplemental Due November 30, 2018 2,019,777$ 1,428,081$ Supplemental Due December 28, 2018 -$ 508,166$ Total Taxes to be Collected 29,581,041$ 28,494,040$ TABLE 2 Taxes Receivable by Property Class at October 31, 2018 2018 % of Class 2017 % of Class Taxes Owing Taxes Owing Residential 17,342,741$ 58.63%16,788,690$ 58.92% Multi-Residential 827,783$ 2.80%663,211$ 2.33% Commercial 10,419,663$ 35.22%10,198,902$ 35.79% Industrial 963,147$ 3.26%782,969$ 2.75% Farmlands 27,707$ 0.09%60,268$ 0.21% Total Receivables 29,581,041$ 100.00%28,494,040$ 100.00% Page 224 of 377 TABLE 3 Number of Properties Number of Properties Subject to Subject to % Registration Registration as at September 30, 2018 as at October 31, 2018 Initial Amount (January 1, 2018)249 249 Paid in Full 86 90 36.1% Payment Arrangements 145 142 57.0% Ongoing Collection 16 15 6.0% Action Registered 2 2 0.8% 249 249 100.0% TABLE 4 November 2018 1 2,866$ May 2019 4 66,132$ November 2019 2 55,152$ May 2020 1 17,886$ Totals 8 142,036$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 225 of 377 F-2018-38 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-38 Approval of Interim 2019 Spending Limits RECOMMENDATION That, in the absence of an adopted 2019 General Purposes Budget and Municipal Utility budget, City Council approves that City departments be allowed to incur costs to a level of 50% of the departments’ expenditure budget of the prior year. EXECUTIVE SUMMARY Spending authority is delegated to the staff by Council through the approval of the annual budgets. Interim spending authority provides staff with similar authority within approved limits during the year up to the date of passage of said budgets. BACKGROUND Staff’s authority to make payments to staff and suppliers is derived from an approved Annual Operations budget. Preparation of the 2019 General Purposes Budget, 2019 Parking Budget, 2019 Utility Budgets, and 2019 Capital Budget are underway. As a result, staff requests that Council approve interim spending limits for 2019 until these are approved. The Municipal Act, 2001 (Section 317) provides Council with the opportunity to authorize staff to operate and remit payments for expenditures incurred prior to the approval of a 2019 budget. This authority is required for the City to maintain its operations until the final budgets are approved. Consideration of the 2019 budget has started but will not be approved until the new year. All departments should be able to operate with an interim spending approval of approximately 50% of the 2018 budget. If Council approval of the budget is not achieved by the end of May, 2019, a further report with an amended interim spending authority will be submitted. Recommended by: Tiffany Clark, (Acting) Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 226 of 377 F-2018-42 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-42 Council IT Provisions and Reimbursement Policy RECOMMENDATION That Council adopt the attached proposed policy with respect to Council IT Provisions and Reimbursement. EXECUTIVE SUMMARY Staff wishes to formalize the Council IT Provisions and Reimbursements for Council in the form of a policy adopted by Council. Council IT provisions and reimbursements have not been formally approved as a policy in the past however the recommendations contained within the policy are consistent with current practice. BACKGROUND Currently the City of Niagara Falls offers Councillors a smartphone, tablet and the option of home internet reimbursement to enable Councillors to access Council agendas, emails and related information online. The purpose of the Council IT Provisions and Reimbursements Policy is to formalize a Council adopted Policy surrounding reimbursements of the various IT provisions offered to Councillors. FINANCIAL AND LEGAL IMPLICATIONS This proposed policy is consistent with current practice and budget figures relating to same are included in the budget. The 2019 proposed budget includes:  $110,000 for Telus/Rogers service provider charges  $25,000 for cell phones, smartphones and accessories Page 227 of 377 2 F-2018-42 December 11, 2018  $10,000 for internet services for City Councillors. o If all Councillors requested home internet reimbursement up to the maximum of $130 per month the budget would need to increase to $14,040.  $15,000 in revenue reimbursements for the personal use of City phones ($10/month). CITY’S STRATEGIC COMMITMENT The recommendations in this report are consistent with Council’s strategic priority for organizational efficiency and effectiveness. LIST OF ATTACHMENTS 1. Council IT Provisions and Reimbursements Policy Recommended by: Tiffany Clark, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 228 of 377 Department Finance Division Information Systems Subject Council IT Provisions and Reimbursements Policy # Issue Date December 2018 Revision Date ☒ Policy ☐ Procedure Page Page 1 of 2 Submitted by Director Tiffany Clark Date December 11, 2018 Recommended by CAO Ken Todd Date December 11, 2018 ☐ Approved by Council Report# F-2018-42 Bylaw# Date 1. POLICY The Corporation provides Councillors with a smartphone, tablet, and reimbursement for home Internet expenses. 2. PURPOSE Access to Internet-related systems enables Councillors to gather information relevant to the Corporation’s business from external sources; and to provide information to residents, potential residents, businesses and business prospects. Policy 400.23 – Acceptable Use for Internet Access & Computer Systems, establishes the guidelines for all users of Corporate systems including Councillors. 3. SCOPE This policy applies to the Corporation’s elected officials. Councillors have access to these devices consistent with the requirements of their job, and are encouraged to use these systems. 4. PROVISIONS AND REIMBURSEMENTS 4.1 Smartphones Corporately purchased smartphones are provided to all Councillors who want them for the duration of their term and are supported and maintained by the Corporation. A mandatory monthly fee is charged to cover reasonable personal use of the device. If a Councillor chooses to use their own smartphone, they are responsible for the support and maintenance of their own device and will be reimbursed the applicable current monthly rate under the Corporate contract at the time of receiving the device. When planning to travel outside of Canada it is the responsibility of each elected official to contact the Telecommunications Administrator in Information Systems to arrange for the best possible service provider plan(s), at the Corporation’s expense, to mitigate overage charges. If arrangements for out of country use have not been previously arranged through the Telecommunications Administrator overages will be the responsibility of the Councillor. Page 229 of 377 Department Finance Division Information Systems Subject Council IT Provisions and Reimbursements Policy # Issue Date December 2018 Revision Date ☒ Policy ☐ Procedure Page Page 2 of 2 Submitted by Director Tiffany Clark Date December 11, 2018 Recommended by CAO Ken Todd Date December 11, 2018 ☐ Approved by Council Report# F-2018-42 Bylaw# Date 4.2 Tablets Corporately purchased tablets with wifi and cellular Internet access are provided to all Councillors for the duration of their term and are supported and maintained by the Corporation. The main purpose of the tablets is for Councillors to access Council agendas, emails and related information online. 4.3 Home Internet Reimbursement A Councillor may seek reimbursement from the Corporation for home Internet service up to a maximum of $130 per month during their term. Each Councillor can contact the Director of Information Systems directly to make arrangements to receive these reimbursements. The main purpose of home internet reimbursement is for Councillors to access Council agendas, emails and related information online. 5. POLICY AUTHORITY Any changes that are made to this Policy are to be approved by Council. Page 230 of 377 IS-2018-02 December 11, 2018 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. The applications of Dan O’Connor and Don Ede were reconsidered for street naming and still deemed inappropriate with the following concerns: Dan O’Connor  Ineligible due to use of full name and the apostrophe (‘) in O’Connor  Street names should not consist of more than one word (such as first and last name), or include punctuation or special characters. Don Ede  Ineligible due to difficulty with pronunciation for 911 protocols and use of full name.  Street names should not consist of more than one word (such as first and last name) BACKGROUND At the March 27th Council Meeting, report R&C-2018-07 Naming and Renaming of Parks – Dan O’Connor and Don Ede Applications, was included with a recommendation that Council approve the Recreation Committee recommendation to not support to the application requests for park naming in honour of Dan O’Connor and Don Ede. The report further indicated that the committee concluded that the two individuals in question had been suitably recognized by the City of Niagara Falls for their outstanding contributions and that no further recognition is required. Page 231 of 377 2 IS-2018-02 December 11, 2018 Council made the following motion, carried unanimously: ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Campbell that the applications of Dan O’Connor and Don Ede be submitted for consideration of street naming; and if still deemed inappropriate for naming, that Council then be provided with an explanation. ANALYSIS/RATIONALE 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 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. Page 232 of 377 3 IS-2018-02 December 11, 2018 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 in 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. 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. 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. Page 233 of 377 4 IS-2018-02 December 11, 2018 Strategic Priority, A Healthy and Safe Community, Key Action: continue to follow the guidelines laid out in the above-described policies to ensure the needs and requirements of emergency services are met. ATTACHMENTS 1. Naming and Renaming of Parks Policy 2. Civic Addressing Policy Recommended by: Steve Norris, Director of Information Systems Approved by: Tiffany Clark, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 234 of 377 DEPARTMENT: COMMUNITY SERVICES PARKS, RECREATION & CULTURE DATE EFFECTED: APRIL 13, 1982 DATE REVISED: August 28, 1995 September 10, 2007 November 26, 2007 POLICY: Naming and Renaming of Parks R-2007-14 R-2007-35 SECTION:1000.32 Page 1 of 7 POLICY Purpose: The purpose of this policy is to outline a procedure for the commemorative naming or renaming of parks/open spaces, and component features as part of the acquisition and/or management of these spaces by the City of Niagara Falls. Commemorative Naming refers to the naming of a property in honour of outstanding achievement, distinctive service, or significant community contribution, generally without financial consideration. Objective: 1. To provide a consistent process for the City of Niagara Falls to recognize significant local events, people and geographic features through the naming of parks/open spaces, and features; 2. To provide the guidelines by which names will be chosen for new City parks/open spaces, and features, and by which these features will be renamed, if necessary; 3. To include community involvement in the naming/renaming, and dedication of parks/open spaces, and features through a clearly defined process. Definition of Terms The following terms are provided for greater clarity. Component Feature - means all substantial structures or recreational aspects of a park which includes, but is not limited to, such things as sport fields, ball diamonds, hard surface courts, tennis courts, lawn bowling greens, bocce courts, gardens, playgrounds, washrooms and skateboard park facilities, etc. Commemorative Naming - naming rights granted to honour outstanding achievement, distinctive service, or significant community contribution. Commemorative naming will not be tied to a financial contribution. Individual and Community Organization Commemorative Naming - naming rights granted to an individual, group of individuals, family foundation, or a non-profit community organization in recognition of significant philanthropy. Page 235 of 377 Page 2 of 7 Open Space - includes, but is not limited to, trails, pathway systems, utility features such as storm- water management ponds, and other like structure under the jurisdiction of the City of Niagara Falls. Parkland- means all parkland designations including, but not limited to, dedicated parkland, city- wide parks, community parks, neighbourhood parks, parkettes, open space, etc. owned by and/or under the jurisdiction of the City of Niagara Falls. Significant Financial Gifts - means a monetary donation reflective of the total capital cost or appraised value of the amenity being considered for naming. Criteria: 1.0 Commemorative Name Designation Associated with Functional Use, Geographic Location or Historical Significance. 1.1 Staff may assign a name based on the adjacent street, functional use, geographic feature, community name or historic significance. Examples include: Alpine Park - adjacent to Alpine Dr. Lundy’s Lane Battlefield - Historical Significance 1.2. Chosen names within this designation shall be assigned by Staff and may remain unchanged until a formal request for a name change has been approved by Council. 1.3 The chosen name shall not conflict with similar names, in whole or in part. For example, if a park is named Oakes Park, no other similar name shall be used, such as Red Oak Park. 1.4 Generally, chosen names shall reflect the adjacent street name. For example, Ontario Park - majority of street frontage on Ontario Avenue. This is to ensure continuity and minimize conflicts for emergency services. 2.0 Commemorative Name Designation Associated in Honour of Individuals or Groups. 2.1 This section applies to any request to: a) naming b) renaming a park/open space, or component feature in honour of individuals or groups. 2.2 Council shall approve all names in honour of individuals or groups. All requests for naming, designating or renaming in honour of individuals or groups shall be submitted in writing, with supporting explanation and/or justification to the Chair of the Recreation Committee, c/o the Director of Parks, Recreation & Culture. Staff will forward a report with the Committee’s recommendations to Council for consideration. 2.3. Names for consideration shall be those of distinguished persons, organizations, Page 236 of 377 Page 3 of 7 corporations, foundations or families: a) where there has been significant contribution to the quality of life, well being of the City of Niagara Falls; or b) where the person/group is perceived as a role model and open to close scrutiny relative to their character, integrity and values; or c) demonstrated excellence, courage or exceptional service to the citizens of the City of Niagara Falls; or d) to memorialize or otherwise recognize substantial gifts and significant donors, individuals designated by donors, or individuals who have made exemplary or meritorious contributions to the City of Niagara Falls; or, e) where there is a strong historical or cultural connection to the City and has a major contribution to the historical or cultural preservation of the City; or, f) where there is a strong contribution toward environmental preservation, conservation or enhancement of the City; or, g) where there is a major contribution made to the acquisition, development or conveyance of land or building in question and/or its subsequent development; or f) where there is a direct relationship or association that exists between the place or former place of residence of the person or group and the facility/park to be named. 2.4 Naming in honour of elected or appointed public officials, City officials, or Staff shall normally occur only after the public service or City employment has concluded. 2.5 Notwithstanding the above, Council, by resolution, may approve a name or name change in honour of individuals or groups when circumstances justify such an action. Council may also remove the original name designation when circumstances justify such action. 3.0 Commemorative Names of Provincial, National or International Significance 3.1 Council may approve a name or name change in honour of individuals or groups who have made an outstanding contribution provincially, nationally, or internationally. 3.2 In such instances, and prior to approving the use of any name of individuals or group, Staff shall investigate any protocol and/or requirements of any provincial, national or international agency or organization. 4.0 Names Derived from Significant Financial Contributions 4.1 In selected instances where a naming request has been proposed as a result of receiving a unique and extraordinary financial, or other significant contribution, towards the acquisition, creation or redevelopment of a property or park consideration will be given to the sponsorship contribution being provided. The merits and value of each such naming will be evaluated on a case-by-case basis. It should not be assumed that a financial contribution guarantees that a park is named after the service club/business/individual/organization. Page 237 of 377 Page 4 of 7 5.0 Renaming Existing Parks 5.1 Renaming of parks and open spaces carries with it a much greater burden of process compared to initial naming. Tradition and continuity of name and community identification are important community values. Each application must meet the criteria in this policy, but meeting all criteria does not automatically ensure renaming. 5.2 Critical examination will be conducted to ensure that renaming the park will not diminish the original justification for the name or the prior contributors. Renaming will follow the same procedures as naming a park/open space, or component feature: a) Only parks and facilities named for geographic location, outstanding feature or subdivision should be considered for renaming. Parks that have been named by deed restriction shall not be considered for renaming; b) Parks and facilities named after individuals shall not be changed unless it is found that because of the individual’s character the continued use of their name would not be in the best interest of the community. 5.3 Existing names will not be changed without the consideration of: a) the historical significance of the existing name; b) the impact on the individual or organization associated with the existing name; c) the cost and impact of changing existing signage, rebuilding community recognition and updating records (data bases, maps, promotional materials, etc.). 5.4 Only nominations having a direct relevance to the park/open space, or a component feature within the space in question will be considered for renaming. 5.5 Renaming of a park/open space, or component feature may occur if: a) the policy criteria are met; and b) a valid justification for renaming the facility is provided; and c) changing the name will not cause undue confusion within the community; and d) an appropriate level of community support exists. 6.0 Inventory of Names 6.1 The Parks, Recreation & Culture Department shall be responsible for maintaining an inventory of names for parks/open spaces, and component features. 6.2 Proposals for names that will not be given consideration or counted as part of the inventory include: a) names that cause confusion for the public or emergency services due to duplication with an existing name; b) names that duplicate a school or facility name that is not directly adjacent to the area to be named; c) names that are meaningful only to a few members of the community; Page 238 of 377 Page 5 of 7 d) the proposal suggests a name after a specific builder or developer; e) the proposed name advertises a product or private company. 7.0 Signage 7.1 The City will be responsible for coordinating the public presentation of signage to acknowledge the naming/renaming designation. Costs associated with naming/renaming of a park/open space, or component feature as outlined in this policy will be assumed by the City of Niagara Falls. 7.2 The City will have final approval for the selection and location of any signage, including signage text and design. 7.3 The addition of flowers, plant material, other signage and/or ornaments/memorials near the sign, by the public, is prohibited. 7.4 The City will bear the responsibility of ongoing maintenance for the signage. Procedures: 1. Any individual or group wishing to submit a request for naming/renaming any park/open space, or component feature must provide a written proposal to the Recreation Committee, c/o the Director of Parks, Recreation & Culture Department, and should include at least the following minimum information: i) name of the applicant; and ii) identification of the parks/open spaces or park features to be named/renamed; and iii) proposed name; and iv) background information describing the accomplishments and/or legitimacy of the name designation; and Proposals are encouraged to include letters of endorsement supporting the application. 2. When there is a local neighbourhood association or community group associated with the area in which the park/open space, or component feature in question is to be named, the Parks, Recreation & Culture Department will circulate the proposal to those parties. 3. When possible, if a request to name/rename is directly associated with, or is on land that has been donated to the City, the original donor or family will be advised. 4.When a naming/renaming request is submitted, Staff shall conduct a historical review of the current name prior to recommending approval. 5. When a naming/renaming request is submitted, staff will ensure that the nominee being honoured is in agreement with the naming proposal (if they are living), or by their legal representative should they be deceased. Page 239 of 377 Page 6 of 7 6.Naming/renaming requests will also appear on the City’s website allowing for (30) thirty calendar days for written comments from the public to the Recreation Committee. 7. The Parks, Recreation & Culture Department will convene a meeting of the Recreation Committee, as appropriate, to review the request. Staff will consult and request comments from all other divisions that have jurisdiction relative to the amenity in question. Staff will forward the recommendation(s) of the Recreation Committee via a report to Council. 8. When a request proposes the naming/renaming of a park/open space, or component feature after an individual or group, the report shall be dealt with in-camera, similar to a personnel matter. This will ensure the integrity of the process and avoid any potential embarrassment. 9. The Parks, Recreation & Culture Department will notify the applicant of Council’s decision. S:\Policies\Policy & Procedures Manual\1000.32 Naming and Renaming of Parks.wpd Page 240 of 377 SUBJECT Civic Addressing Policy # CORPORATE POLICY ISSUE DATE May, 2011 Revision Date: Oct 2018 Overview: This document intends to outline and clarify issues around municipal addressing in the City of Niagara Falls, Ontario, Canada. It documents street naming and civic numbering conventions and any modification and notification processes involved. Purpose and Scope: Addressing is a comprehensive system that assists the community in locating a property, a person or a structure. It is used by municipalities, emergency services, utilities, educational institutions, service providers and more. Addressing is also a way to link property related files together. The primary mandate of municipal addressing for Niagara Falls is to support emergency response services and provide a means to link files for record keeping purposes. To fulfill this mandate, data must be complete, standardized, accurate and up-to-date. The data must also be available and usable by others. The municipal addressing system in Niagara Falls is continually being maintained in order to provide the most current and complete information, while attempting to conform to the numerous “Input Standards” available. The City has centralized its addressing information into a geographic database in order to standardize the format and availability of its data. It supports both point and range based addressing and includes precise mapping capabilities and application integration. The initial steps required to build the system have involved design, policy, civic numbering, street naming, data collection and computerization, signage, notification, integration and documentation. The City feels that significant accomplishment has been made to date, but these initiatives will be ongoing. Page 241 of 377 Niagara Falls Civic Addressing Responsibilities: Municipality – The municipality is the authority and first point of contact for all municipal addressing. It administers the assignment of civic numbers and approves local road names. The municipality also provides notification of address assignments and any changes as a result of renaming or renumbering. Street sign posting is also the responsibility of the municipality for all those streets under its jurisdiction. In Niagara Falls, updates to Fire Services and their corresponding dispatch team is integrated between internal systems and procedures. Upper Tier Agencies – In consultation with the City, the Niagara Region, Niagara Parks Commission and Ministry of Transportation are responsible for the naming and posting of street names under their jurisdiction. They are responsible for keeping their records synchronized with the municipality. Emergency Responders – Police, and medical responders use the municipal address data and the posted road signs to respond effectively to calls for emergency services. Information updates are made through deliveries from the municipality to the Niagara Region but can also be processed by direct data exchange with the municipality. Property Owner – Property owners utilize the municipal addressing process either directly or through a developer. This generally occurs through a building permit or subdivision application when it is submitted to the municipality for approval. Individual property owners are responsible for posting and maintaining their assigned civic number once it is provided by the municipality. Page 242 of 377 Niagara Falls Civic Addressing Address Administration: The Municipal Act (2001) gives municipalities the authority to pass by-laws requiring the numbering of buildings and lots for record keeping purposes. The allocation of the civic numbering system was the responsibility of the Municipal Works Department of the City of Niagara Falls until late 2005 when a corporate re- organization transferred this duty to the Geographical Information Systems (GIS) section of the Information Systems Department. The GIS section is currently responsible for: - Confirmation of municipal addressing - Assignment of new addresses - Modification of existing addresses - Notification of new or modified addresses to standard agencies - Maintenance of the Street Name Index - Distribution of addressing information - Maintenance of addressing information used in municipal systems Addressing is an integral part of the GIS and its associated dispatch system and file based software applications. It generally consists of a number and a street name and is used to uniquely identify and locate properties within the municipality. Postal Codes are not assigned by the municipality and must be found by contacting Canada Post. Legal descriptions can be confirmed at your local Land Registry Office. Addressing information is made available to the public and can be found directly on the City’s Interactive Mapping Site www.fallsviewer.ca or by linking to the “About Niagara Falls” or “Open Data” sections on the City’s website located at www.niagarafalls.ca Page 243 of 377 Niagara Falls Civic Addressing Address Definitions: “Address Grid” – a numbering system based on equally divided squares on a map where one side of the road is based on even numbers while the other side is based on odd numbers. These numbers run from East (low) to West (high) and from North (low) to South (high). “City” – the area incorporated and known as the City of Niagara Falls, Ontario Canada “Civic Street Number” – the official number, from the street grid, that is assigned by the City to a property, building or structure for location and filing purposes. “Cul-de-Sac” – is a dead end street with the end enlarged into a circle to allow for traffic to turn. “Discontinuous Streets” – are streets that exist as separate physical sections. Each section is actually a separate street and should ideally have different names. However the situation may arise as a result of a re-alignment at an intersection, an addition of a road over another section of existing road or a physical separation between sections of road. “Lower” – the first number in a range address. It is the lowest civic number found on that property. “Mid” - the mid range civic numbers in a range address. They are not listed in the range address but are found in a secondary location that depicts all acceptable numbers assigned to a particular property “Municipal Address” – consists of the combination of the Civic Street Number + Street Prefix + Street Name + Street Type + Street Suffix “Municipality” – the area incorporated and known as the City of Niagara Falls, Ontario Canada “Owner” – is recorded as the owner of record. This could be an individual, a developer or a builder depending on when the address assignment was requested. The MPAC Owner1 currently on record will be the default when owner information is not properly supplied. “Private Street” – is defined as having the following criteria: ownership is private, a street name has been assigned in accordance with these guidelines, the segment is passable and it has a defined area that can be driven on. Maintenance on private streets is not the responsibility of the City. “Range Address” – a range address is found where more than one number has been assigned to one property location. It is depicted by a number + a dash + a second number + street name information. The first number in the range is the lowest civic number found on that property while the second number in the range is the highest civic number found on that property. Example: 4397-4401 Queen St Page 244 of 377 “Street” – a defined area not under private ownership that can be driven on and is considered passable sometime during the year. “Street Name” – the official name of the street recognized by the City “Street Prefix” – an official linguistic element that is attached to the Beginning of a street name to modify or clarify its meaning. A common example being a direction. “Street Suffix” - an official linguistic element that is attached to the End of a street name to modify or clarify its meaning. A common example being a direction or location eg Main St Chippawa “Street Type” – a classification of street based generally on its configuration eg Boulevard “Upper” – the second number in a range address. It is the highest civic number found on that property. Page 245 of 377 Niagara Falls Civic Addressing Address Rules and Assumptions: I. Addresses are assigned by municipal staff using a council approved grid system and street naming convention. II. Property Addresses within a municipality should not be duplicated. III. Addresses are assigned on an ownership basis; one address per parcel whenever possible. IV. Multiple structures on one property with a common access are given one address number for the property. Further description will be by building and/or unit numbers that do not conflict with the address. To date these secondary numbers are not always assigned by the City. V. Addresses for new subdivision developments are only assigned once the appropriate plan is registered and the lots are considered legal. VI. Addresses are assigned to newly created lots through severance once they are registered and in the building permit process and a proper plan has been submitted, as the address is typically oriented to the primary road access and the siting (frontage) of the structure. VII. When a parcel is within the municipal boundary and has a Niagara Falls roll number the address will be assigned by Niagara Falls, even if the road access is outside the municipality. * (modified Sep 2012) VIII. Addresses can sometimes be assigned to various structures that are in need of a utility (i.e., weather vanes, parking lots, pumping stations, etc.). IX. Addresses are not normally assigned to existing lots such as hydro corridors, railway allowances, and existing vacant lots. X. Addresses are assigned based on the location of the proper road access and main entrance to the property, to ensure the quickest emergency response. Addresses are not assigned to driveways or unofficial roadways. XI. For new development, the “most likely” address will be assigned, as determined at the time of building permit application or site plan sign off, when the building orientation and access is known. If an originally assigned address is no longer valid an Address Modification will be carried out and the original address assigned will be retired and a new one implemented. * (modified Aug 2012) XII. Where an address change is requested for personal reasons, the party making the request shall pay a standard processing fee for the cost of re-assigning the address, notifying agencies and linking municipal files. This modification must still conform to standard addressing rules and must not put the address grid out of sync or adversely affect abutting property owners. Modifications to street numbering signs will remain the responsibility of the property owner. XIII. Signage depicting “City recognized” address numbers is required by by-law and is the responsibility of the property owner * (modified May 2016) XIV. When addresses are no longer valid they are retired not deleted from the system and should not be reused. XV. The municipality reserves the right to modify an existing address without compensation when errors or non-conformities in the addressing process are identified or personal safety is at risk. XVI. No person shall use or post a municipal address other than that assigned and recorded by the City. It is the responsibility of the owner to keep this address up- to-date. Page 246 of 377 XVII. The municipality will provide public access to both a valid street name index (which depicts all the street names currently found within the municipal boundary) and a graphical display of all address points currently assigned. Addressing Standards – Civic Numbering: I. Civic address numbers have a 4 digit minimum and 5 digit maximum following the established street grid. They should not contain alpha characters or leading zeros. II. Civic address numbers increase consecutively from east to west (starting at 1000) and from north to south (starting at 1500). III. Even numbers are assigned to the east and south side of the road while odd numbers are assigned to the west and north side of the road. IV. The address grid is set up for an increase of one number for every five feet (1.52 meters) of frontage to allow for infill possibilities V. Cul-de-sac numbering is treated like a straight street with the midpoint of the circle acting as the top of the street. One side remains even numbers while the other side has odd numbers. The odd and even numbers come together at the top of the cul-de-sac VI. Looped streets which start and end on the same street are addressed by deciding if the street is designed in more of a horizontal form or a vertical one. If vertical then start numbering from the north end of the loop if the street is more horizontal start numbering from the west. Follow the standard procedures making sure that the lots increment according to frontage measurement and that the north and west side have odd numbers while the south and east side have even numbers. Continuous numbering should be used for the whole of the street. VII. For multiples such as Semi and Townhouse Complexes civic addresses are dependent on how the ownership is assigned. When there is a parcel where the Condo Corporation retains the ownership of the property and the additional owners (residents) only own part of the structure then only one address is assigned to the parcel and unit numbers are assigned to the ownership Rolls of the structure. When ownership is attached to the land and the structure combined, it acts as a formal separation and an address is assigned to each owner. The parcel is given a range address to reflect all addresses on site. VIII. For developments with multiple internal private street patterns within a complex, the streets should be given names in accordance with these guidelines. The internal private streets should be named and the civic numbers assigned accordingly. These street names will be entered into the master Street Name Index and will be depicted as private streets in both text and graphical form. Page 247 of 377 Niagara Falls Civic Addressing Addressing Standards – Street Names: I. Street names must be officially recognized by the passing of a municipal By-Law or registration process in order to be valid II. Street names shall be unique (not duplicated) and appropriate for the length of the street segment and corresponding signage. III. Street names should be clear and easy to understand IV. Street names should change name when there is an obvious change in direction which causes a shift in the street addressing grid to be used. * (modified Sep 2012) V. New street names should not be similar to existing street names to avoid confusion. The use of an existing street name with a different street type is not considered as effecting a distinction in the basic name VI. Street names with unconventional spellings should be avoided to facilitate easy recognition, and pronunciation. This includes names that can be spelled in a number of different ways and names having first and last name or punctuation such as dashes and hyphens. * (modified Sep 2012) VII. Street names should not be similar sounding to an existing name to avoid confusion during emergency dispatch. VIII. Street names should not be discriminatory, derogatory or offensive IX. Historical names are encouraged but they should be historically correct, relevant to the area and appropriate for the size of the street. X. Streets named after businesses, industries or living individuals is considered inappropriate and is discouraged. XI. Names of existing streets shall be used on new streets which are continuations of or in alignment with existing streets until the natural flow is broken by an obvious directional change (change in street grid pattern), an intersection of another through street, a hydro corridor, a railway allowance or a water feature. Discontinuous street names should be avoided when possible * (modified Sep 2012) XII. Duplication of street names with neighbouring municipalities should be avoided unless providing continuity of a common street. XIII. Street names in new developments should be “themed” to help build and identify communities. XIV. Street name modifications shall be discouraged and must be in the best interest of the general public. Three main principles for street naming are “Avoid Duplication”, “Avoid Confusion” and “Establish Continuity” Page 248 of 377 Niagara Falls Civic Addressing Addressing Standards – Street Name Types: Street name types and subsequent abbreviations must be chosen from the accepted listing depicted below in order to assist with 911 addressing conformity. STREET NAME TYPE: TYPE ABBREVIATION: AVENUE AV BOULEVARD BV CIRCLE CL CRESCENT CR COURT CT DRIVE DR ESTATES ET GARDENS GS GATE GT GATEWAY GY GLEN GN GROVE GV * (modified May 2017) HILL HL HEIGHTS HT HIGHWAY HY LANE LN LINE LI MEWS MW PARK PK PARKWAY PY PLACE PL PLAZA PZ POINT PT RIDGE RG RUN RN ROAD RD SQUARE SQ STREET ST TERRACE TR * (modified May 2017) TRAIL TL VISTA VS WAY WY additions to this listing must be pre-approved by the GIS section as they form part of an Addressing Standard Street Types suggest a defined street configuration and should be chosen appropriately Page 249 of 377 Niagara Falls Civic Addressing Addressing Standards – Prefixes and Suffixes: The City does not currently use Street Prefixes on any of its street names but makes allowances for this data as part of the 911 standard for addressing. Street Suffixes are used infrequently to help distinguish historical names that are similar in nature. Example: Main St and Main St Chippawa. The City discourages the use of Prefixes and Suffixes and would rather use naming conventions that are not similar in nature. Addressing Standards – Ramp Names & Hwy Markers: To avoid duplication and to uniquely identify each highway ramp the general approach is to use a naming convention where the use of the ramp is listed initially (ON vs OFF ramp) followed by the connecting street names and the direction of travel for the lane. Example: OFF QEW FORT ERIE TO MOUNTAIN RD E To avoid numbering confusion, Highway Marker numbers are being used as address like identifiers along the highways. This allows locational referencing for emergency services on sections of the highway where true civic addresses based on the grid are unassigned. Addressing Standards – Street Alias Name: The Street Alias Name is used when identifying a common name associated with a public road name such as a Highway where both names are valid. For example Highway 420 is also known as Niagara Veterans Memorial Highway. The other common use of the Street Alias Name is for when a street name is commonly miss- spelled. The miss-spelled version may be placed into the alias field in order to assist with searching capabilities of associated applications. These names will not be used as valid representations of the street name. Example: Fourth Av has an alias of 4 th Av and Bellevue St has an alias of Bellview St. Alias names will not be displayed in street name lists. Page 250 of 377 Niagara Falls Civic Addressing Street Name Index: In order to avoid street name duplication or confusion, the GIS section maintains an official “Street Name Index” which is separated into four categories: Existing Street Names, Draft Street Names, Proposed Street Names and Retired Street Names. Existing Street Names – names that are approved, registered and in use. They have addressing or a centreline. Registered Street Names – names that are approved, and registered but the streets are not constructed. Approved Street Names – names that have been approved by Planning through a subdivision or street name process but the street has not been registered. Draft Street Names- street names that meet the City’s criteria and have been suggested but not yet processed Retired Street Name - street names that have been discontinued and are no longer in use. A street name can be retired through a street re-naming or street closing process. The index includes the names of public and private street name segments used for addressing purposes. It does not include private driveways, laneways or entrances. This listing highlights the ‘Street Name’, its associated ‘Street Back’ and ‘Street Ahead’ as well as its present ‘Status’ and ‘Ownership’. For staff use a “Remarks” data field is included in the index in order to help clarify the street name information. This field may list the Registered Plan for the street, a Previous Name if it has been renamed, it may list comments regarding the maintenance of the street or any other noteworthy information relating to the street that may assist staff. A companion document called the “Master Street Address Guide” depicts the address ranges currently assigned to each street name. The “Street Name Index” is maintained on a regular basis and is accessible by linking to the City’s website at www.niagarafalls.ca . Staff access is via the City’s internal network on the universal drive under the u:\ directory, or in Laser Fiche under the Addressing folder or it is found on the bulletin board system under employee links. Page 251 of 377 Niagara Falls Civic Addressing Niagara Falls Address Database (NFAD): NFAD is the centralized geographic database for the City of Niagara Falls. It consists of an internal application for data maintenance and standardization, a SQL Server database for data storage and GIS graphical and internet components for visualization and distribution. Niagara Falls Address Database Internet Mapping Service Page 252 of 377 Niagara Falls Civic Addressing Niagara Falls Computer Aided Dispatch (CAD): Symposium is the current CAD system used for Fire Services dispatch. Addressing forms a critical base layer of this system. Standard procedure in Niagara Falls is to integrate systems together by performing timely updates from the Address Database system to the CAD system so both applications are using the same information. When a change or errors are identified by/to Fire Services staff, the information is passed to GIS staff who will perform the edit in the NFAD system and then reload it to the Symposium system. Edits should not be made directly into Symposium as they will be over written/lost each time an update is made from NFAD Computer Aided Dispatch Symposium Page 253 of 377 Niagara Falls Civic Addressing Notification Process: Addressing updates occur on a regular basis as new addresses and modifications are assigned. The notification process includes regular updates of changes to Emergency Service Personnel, Regional Government and the Municipal Property Assessment Corporation. As a courtesy, the property owner of record will be notified 6 days in advance of the standard notification letter date. The official modification letter will be delivered by regular mail service. * (modified Sep 2012) As part of the standard addressing process, the City circulates by e-mail all address assignments or modifications internally as applicable and as a courtesy to external agencies such as Canada Post, utilities and school boards. It is the owner’s responsibility to ensure these external agencies make the change to their records. The address becomes effective and official either from the date stated in the notice or from the date of the notification letter, whichever is later. * (modified Sep 2012) Page 254 of 377 Niagara Falls Civic Addressing Signage: Without correct signage, the civic addressing system cannot function. Street Name signs and Civic Number signs are the physical assets that allow navigation to a particular location. Street Name Signage: In new developments, the developer is responsible for the installation of all street name signs in accordance to current City Standards. Upon final assumption the signs will be maintained by the City Civic Number Signage: Each owner shall be responsible for maintaining the civic number on his or her property in accordance with the requirements of City By-Laws, and at their own cost. * (modified May 2016) Contravention of the addressing by-law is considered an offense. Upon conviction a fine of not more than $500.00, exclusive of costs, for each offense will be enforced. Specifications: In the urban area of the City, the civic numbers must be visible from the street, on the front of the structure, no higher than the first storey. The numbers should be plain, legible and at least 2” in length Where a building is not readily visible from the street or where the building is more than twenty five (25) metres from the centreline of the street, then the number shall be displayed on a sign, in accordance to City standards, and installed approximately 4.5 metres from the left side of the road access and not more than (25) metres from the centreline of the street or as instructed by the Niagara Falls Fire Department. Rural address signs shall be in accordance with current City standards. They are to be 5” x 14” by .06” thick or thicker aluminum, with green reflective applied to both sides and with 4” white reflective numbers also on both sides. All rural address sign posts are to be galvanized 1” square telespar or U channel posts (MTO standards) minimum seven feet in length and with four feet exposed above ground. * For all new development, the Building department will take a fee at the building permit stage to cover the cost of creating and installing the new rural address signs. For 911 modifications, owners can contact the Building department to order a replacement sign. It will be the responsibility of the owner to pick up and install the sign. The cost of the mount or pole is the responsibility of the owner * (modified May 2016) The City reserves the right to modify these specifications in accordance with changes in municipal standards and safety guidelines. Maintenance: The owner of a property must maintain the assigned civic number for the property in a timely fashion, and in good order. Page 255 of 377 Reimbursement for Address Signs: * (modified Oct 2018) The general rule as depicted in the addressing by-law/policy is that compensation will not be given to property owners for sign modifications. Each owner of an existing property shall be responsible for maintaining the civic number on his or her property in accordance with the requirements of City By-Laws, and at their own cost. If the property is vacant, the owner must pay for the address sign. 911 rural sign fees will be taken as part of the building permit application and the Building Division will order it to the correct specifications and give it to the owner for installation. When an address assignment error is made by the City and necessitates a new sign, reimbursement requests are to be directed to the Building department and reviewed on a case by case basis by the Director of Planning, Building & Development. When an address assignment error is made by parties outside the City (ie lawyers, developers etc) the City will not provide compensation and it is the Owners responsibility to seek compensation elsewhere. If the owner submits an owner requested address modification, the cost of the address sign is his to bear If the sign is stolen or damaged. The City does not replace the sign because, the sign is the home owner’s property and responsibility. Page 256 of 377 Niagara Falls Civic Addressing New Address: New street names are assigned through the development application process, with regard to these guidelines, and must be reviewed by the GIS section of Information Systems and approved by the Planning Building and Development department. New civic numbers are assigned through the development application process, with regard to these guidelines, and must be reviewed and approved by the GIS section of Information Systems. Street Name Modifications: The general policy is that names of streets should not be changed. The City initiated renaming of streets should only be considered when the renaming would generally improve the City’s administration and would be in the public’s best interest. An Owner initiated street name change may be considered on an individual basis but the new name must proceed through an approval process and meet the guidelines for acceptable street names. Applicants are required to provide to the City a detailed request setting out the reasons for a street name change. The request then goes through the Clerk’s office to Council, who would request that staff begin the process of a street name change. The Planning, Building and Development department would then circulate various external agencies as well as City departments for comments from a technical, operational, historical and emergency response perspective. Planning would also ensure a resident notification to all (100%) property owners fronting the street. Although 100% approval from affected residents at a public meeting is desirable, it will be Council who determines the final decision based on all comments received. When Council issues final approval, Planning will notify GIS staff, so changes can be made to the applicable corporate mapping, databases and reports and addressing modifications can be processed. Applicants and subsequent residents are responsible for all the various costs (signage, postal ID change, and address change, business cards etc.) incurred as a result of the street name change. The City is not obligated to provide compensation. Page 257 of 377 Niagara Falls Civic Addressing Addressing Modifications: It is the City’s policy to allow modifications to the municipal addressing when: 1- An addressing error or non-conformity is reported and confirmed by staff 2- A reasonable request (as determined by City officials) is made by the property Owner of record at that time. When an address is confirmed as non-conforming with these rules and guidelines, the City may change the municipal address without providing compensation to the owner or occupant. An address modification notice must be sent to the owner outlining the change. When an addressing error is reported to, or noticed by, a City staff member they should fill out an Address Modification Request form, indicating the error, and forward the request to the GIS section. The GIS section will then investigate the error and determine what kind of impact the change would have on the owner and surrounding residents. Once a change has been confirmed, the GIS section will modify the corporate address database and subsequent systems and reports and then issue an address modification notification as per the normal addressing process. Any discrepancies between the City’s addressing and the Bell 911 PERS system should be reported to the GIS section for processing. These edits will be given high priority for processing. In order to process an Owner Initiated address modification, GIS staff must receive a completed address modification form and the standard processing fee. (This fee is used to offset the cost of re-linking municipal files to the new address and to re-notify the agencies listed in the standard notification process.) An owner initiated address modification will only be considered when the requested address meets the general rules of addressing as outlined in this document. Circumvention of the addressing rules will not be considered simply for promotional reasons, personal benefit or beliefs. An Owner may request an address modification by filling out an Address Modification Request form. This form can be filled out in person or by e-mail, and forwarded to the GIS section. At the time of this request the owner will be asked to supply ownership information in order to confirm that he/she is initiating a valid request. When the owner information does not match what is on record, it is the owners’ obligation to supply the City with valid written documentation of current ownership. Address Modification Forms are located at the Building department service counter or can be found online at www.niagarafalls.ca Page 258 of 377 Niagara Falls Civic Addressing Address Modification Request Form: Page 259 of 377 Niagara Falls Civic Addressing Street Name Modification Request Form: Page 260 of 377 Initial Review Committee: IS - Manager of GIS Services – Janet Vittie IS - GIS Administrator – Piper McKinnon (replaced Karen Canali) MW - Project Manager – Sherri-Marie Millar (replaced Rick Volpini) Fire - Captain of Communications – Dave Evans Planning – Assistant Planner – Peggy Boyle Building – Office Coordinator – Lynn Karner Secondary Review: IS – Director of Information Systems – Steve Norris Planning, Building & Development – Alex Herlovitch Legal – City Solicitor – Ken Beamen Clerks – City Clerk – Bill Matson (replaced Dean Iorfida) Finance – Todd Harrison MW – Geoff Holman Fire – Jim Boutilier (replaced Lee Smith) * Approved – 2011 May Modification – 2012 Aug - Rules& Assumptions – with agreement by committee Modification – 2012 Sep – Street Names – IV and XI, Notifications – agreement by committee Modification – 2016 May – Civic Number Signage – approved by Director - agreement by committee Modification – 2017 May – Street Type Abbreviations – conformity to 911 PERS Modification – 2018 Oct – addition of street signage reimbursement clarification Oct, 2018 K:\Documentation\Addressing\ByLaw_Policy\CivicAddressingPolicy Page 261 of 377 L-2018-08 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2018-08 Scotiabank Convention Centre Licence Renewal Agreement – (Recreational) The Minister of Government and Consumer Services Our File No. 2006-259 RECOMMENDATION 1. That the City enter into a Licence Renewal Agreement – (Recreational) with Her Majesty The Queen in Right of Ontario, as represented by The Minister of Government and Consumer Services, for a term ending April 30, 2024, for the purpose of the continued maintenance of the hydro corridor located adjacent to the Scotiabank Convention Centre lands. 2. That the Mayor and Acting City Clerk be authorized to execute the aforementioned Licence Renewal Agreement on behalf of the City. EXECUTIVE SUMMARY The Licence Renewal Agreement is required for the continued use of the Scotiabank Convention Centre hydro corridor. The Agreement permits the City to enter the hyd ro corridor for maintenance purposes. BACKGROUND The Scotiabank Convention Centre fronts on Stanley Avenue and the parking lot is situated to the west. There is a hydro corridor between the Scotiabank Convention Centre and the parking lot lands. In 2010, the City entered into a Licence of Land Agreement with Ontario Realty Corporation, acting as agent on behalf of Her Majesty The Queen in Right of Ontario, as represented by The Minister of Public Infrastructure Renewal, wherein the City was permitted to aesthetically maintain the lands. This Licence Renewal Agreement will allow the City to continue uninterrupted use of the hydro corridor for such aesthetic maintenance. ANALYSIS/RATIONALE The proposed Licence Renewal Agreement will ensure the continued public use of the lands. Page 262 of 377 2 L-2018-08 December 11, 2018 FINANCIAL IMPLICATIONS The Licence Renewal Agreement is for nominal consideration. CITY’S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council’s commitment to customer service excellence, organizational efficiency and effectiveness, and the creation of a well- planned City. Recommended by: Monica Ciriello, Solicitor, Aird & Berlis LLP Respectfully submitted: Ken Todd, Chief Administrative Officer Page 263 of 377 L-2018-09 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2018-09 Committee of Adjustment Consent Application B-2018-005 6660 Hawkins Street, Niagara Falls Deeming By-law Our File No. 2018-157 RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY The Local Planning Appeal Tribunal (the “LPAT”) dismissed the Appeal of the representative of the Appellant and upheld the decision of the Committee of Adjustment for Lot 135. Following the LPAT’s decision, the City passed a Deeming By-law to merge one lot with other lands to form a single parcel, to allow Habitat for Humanity to fulfill its conditions of Consent and proceed with the conveyance. The preparation and passing of the Deeming By-law is in compliance with the Planning Act as no Notice of Hearing is required prior to the passing of such a by-law. BACKGROUND In March 2018, the Committee of Adjustment (the “Committee”) approved a Consent Application to sever Part 2 from Part 1, as shown on the Plan attached hereto. The intent of the Application was to ultimately assemble Parts 2, 3 and 4, for future development. The Committee imposed a number of condition s including, the merging in title of Parts 2, 3 and 4, and Council passing a by-law to deem Lot 135, Plan 226 (Part 4) not to be within a registered plan of subdivision. The Consent was appealed. The LPAT upheld the Committee decision, dismissed the appeal and gave provisional consent, subject to the same conditions of approval as required by the Committee. Staff followed up with bringing a Deeming By-law forward so that Habitat for Humanity could fulfill the conditions of Consent and the conveyance could be completed. The representative of the Appellant believes that he should have received notice that the Deeming By-law was slated for Council approval and notice of its actual approval. Page 264 of 377 2 L-2018-09 December 11, 2018 ANALYSIS/RATIONALE Is a Public Notice necessary to advise the public that Council intends to consider/pass a Deeming By-law? No. Subsection 50(4) of the Planning Act grants a municipality authority to pass a Deeming By-law to remove lands from a registered plan of subdivision, providing the plan of subdivision has been registered for more than eight years. Subsection 50(29) of the Planning Act states that no notice of hearing is required prior to the passing of a by - law under subsection 50(4). Is it necessary for the City to issue a Notice of Passing for a Deeming By-law? Yes, but only to the persons that own the land to which the by-law applies. Council shall give notice of the passing of any such by-law within 30 days of the passing therefore to each person appearing on the last revised assessment roll to the owner of land to which the by-law applies, which notice shall be sent to the last known address of each person. Is there an opportunity for anyone to Appeal a Deeming By-law? Yes, subsection 50(30) states that Council shall hear in person or by an agent any person to whom a notice was sent under subsection 50(29), who within 20 days of the mailing of the Notice gives notice to the Clerk of the municipality that the person desires to make representations respecting the amendment or repeal of the by-law. Should the Representative of the Appellant received Notice? The representative of the Appellant is not an owner of land to which the Deeming By- law applies and, as such, is not required to receive notice after the by-law has been passed by Council. As a result, the representative of the Appellant is not the individual that the Planning Act intended to provide with status to make representations respecting an amendment or repeal of the Deeming By-law. ATTACHMENT Plan Recommended by: Monica Ciriello, Solicitor, Aird & Berlis LLP Respectfully submitted: Ken Todd, Chief Administrative Officer MC Attachment Page 265 of 377 SKETCH TO SHOW LOTS 132 AND 135, REGISTERED PLAN226 AND PART OF LOTS 8,9,10AND11, REGISTERED PLAN 119 AND PART OF TOWNSHIP LOT 172 CITY OF NIAGARAFALLS REGIONAL MUNICIPALITYOF NIAGARA “SCALE0 1 :500 1 2a «2 mm.I KIRKUP MASCOE URE SURVEYING LTD. ONTARIO LANDsunvsvons 5n¥nvJ)nu:AV I___I__aI ucL:on *1 ‘ ».,a..«.mm=..aI.,m..I.Ia.I.Invh@m.m.4”“.!m;‘?’_...a.;...I...:an»uAseosIeE‘“sx-m.m J NOTE usrmvs sunwuon THIS Pm:AREINNsmzsmocmasoomazrmIamayKYDMDINGavo.:I.a4a my vmv upon new sukvzv ms sxarcn IS INTENDEDFOR us:or meooumrm:or IIDJUSI'IlH*I\'unw MEASAJRDJEIIYS 49 zurcuzswaxAVENUE,sr.cmuuuur-.s,on-mun man HAWKINS STREET EdgeMI°““ (PUBUCmAvEI.I.mROAD -2o.I2m wide) 18.29 I Aw-«; n I:s I I:2 N V '"”WW I {£17 I:‘E-=I9u'Sm "\mgegw. N In-—~Q ‘pang B ,\.MI 5 j 3 3 "‘«1 LZZLI Q S A .4 —‘I_‘*__I)‘.<2‘.; )(11 1 I0""ox _‘ ‘S‘-‘”LI S PART 1 D’A ‘I 4-AREA:7z4.sm= .‘r73‘G‘.:‘,’>‘7".':_.'?.’_‘”z’2 > 4 E $8.29' .———-"‘T‘I ——#"'"T 6.90 , —“I”*M5 0,BELL WEI:# I A‘ wmzcr Io usamr IH rmua .sI.;'?q’I>’I'i:ng /0 7 5 :\‘-.‘3')> U m ‘M -E T 1,VI J-‘W AR 2 A K "'~0 T A§EA=983.6m‘1:ME‘No.7|81 '-1 rsgIswamm— G _.__ 3, VI .3 an 2 g;z <5.3 5Em:2- m ‘i -1U 13:’.sL‘?"JI$'-in»-’—9 7 c:_, — I > V “W E <I’ 3a g N '7 9/‘I ‘IZ R 54.05 1 C mag ... l‘A ’\E "‘3 is.410 .'n E S /."*L L(_,\r">"—l :5, '()1-2.3" W <c 3 KIRKU'PaMASCOEeURE DAYE Z:1£§)AR<0<|.AN“DPSKR\fYoR SURVEYING LTD. METRIC mnaom (91151625-$93!,nx (ms)s4I.«24emu.I..rI.@.I.,mnn=ymmm wwwxlngaruulvzynncwm File:2o17—oI79 LmvcFILE:17—o179—1u7s Page 266 of 377 Teresa Fabbro From:BillMatson Sent:Thursday,December 06,2018 1:11 PM To:Feresa Fabbro Subject:FW:L—2018~O9Your File #2018-057 Teresa, pmqil R7,........._...n.‘H......n....................\.........~.-H.um ....~.....D........-.......~.........‘.....—v_.,.... It will then be the ‘Willof Council’if they wish to pass a motion to have Mr.De Luca speak to the report. Bill From:Frank De Luca [mailtoztheproblemso1ver@live.ca] Sent:Wednesday,December 05,2018 8:40 PM To:Counci|Members;Alex Herloyitch;Ken Todd;BiliMatson Subject:L—2018—09Your File #2018-057 Unfortunately the questions of council and myself were not answered in this report I am asking to speak to this report. I had presented to council through email the questions that were to be answered by your contracted legal counsel. My hope is that your contracted Iegai counsel is aiso present. Thank you. Frank De Luca theproblemsolver@|ive.ca Page 267 of 377 MW-2018-29 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2018-29 Lease Agreement Renewal with Portage Road Holdings Stamford Medical Clinic (4256 Portage Road) RECOMMENDATION That Council authorize the renewal of a lease agreement with Portage Road Holdings Limited (Stamford Medical Clinic) to accommodate parking on City-owned lands. EXECUTIVE SUMMARY During the development of the Stamford Medical Clinic building at 4256 Portage Road it was determined that additional parking was needed on City-owned lands (N.S. & T Trail). Council authorized the execution of a lease agreement to facilitate the physician recruitment and retention effort. The purpose of this report is to authorize renewal of this lease for an additional 10 year period. BACKGROUND In August of 2007, City Council authorized the execution a Lease Agreement with Canamed (Stamford) Limited that allowed for the expansion of a proposed parking lot onto the former N.S. & T corridor adjacent to the property located at 4256 Portage Road. The Lease Agreement included payments for the use of the land ($1,600/year) as well as an additional payment of $3,000/year that would be directed to the City’s Physician recruitment initiatives. Finally the Agreement required a one -time payment of $13,000 which was to be allocated toward the eventual upgrading of a future trail on the N.S. & T corridor (see attachment #1). In August 2016, Council approved the assignment of the lease to Portage Road Holdings Limited until it expired in 2018. Page 268 of 377 December 11, 2018 - 2 - MW-2018-29 ANALYSIS/RATIONALE The portion of the former N.S. & T Railway encumbered by the parking will not impact any future plans to construct a trail at this location. The Lessee has complied with the requirements of the original Lease Agreement including annual payments for basic rent and the additional contribution towards the City’s physician recruitment efforts. The one-time contribution towards future trail development has also been received. Renewal of the Lease Agreement for a period of 10 years is appropriate in this case. FINANCIAL AND LEGAL IMPLICATIONS The renewal of the Lease Agreement includes annual payments based on market value for basic rent and an additional payment of $3,000/year plus HST for physician recruitment. The agreement continues provisions for termination by either party upon 30 days written notice. CITY’S STRATEGIC COMMITMENT The recommendation is consistent with Council’s Strategic Priorities of financial sustainability and the creation of a well-planned City. LIST OF ATTACHMENTS 1. Report BDD-2007-03, August 13, 2007 2. Report L-2016-16, August 23, 2016 3. Location Map Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Geoff Holman Page 269 of 377 >.a..._m.3.83mco.83.8 Z§_mmE<u:=m 0>2>U> _zn>_<_mm> Ia<<oa:_U_<_m<oq4%ma. mag_<_m3cmao2:m_<_::.o€m_09:5: 922zammzmmm__m.0:620 _<_¢3coa” wanmuu.~o3.8 wS::o3__<_on=om_0:38rmmmo>m_3m32:2::260:2.uo:.:2.z.m.m.._.. _.§%. _u=<m_o.m:_um:A__..m xmoo_<__<_mzu>:oz” 3._.:mn=59?2:258m595>m$m3m2<<=:maaaa_<_mg_om_0:36qmmumonzmSmo.2-2§33:522.33.53%_oom»mo_m_o:mnozmmmmom?Ba:6vc?owm2Eéw.E:82%?3mauve:9.:605%Eémims_.ooE_3§:mag$83.0:amen. 8iim_uEo<m_o«55«macaw,$8:_:o=amEm335mioozaaozmmo,9.:32%Econ, w>o_8mocz9 1603:mmcmm:munxomosmg3:6o<<:2.9,3mmaaaa_<_mg_om_oanism695%8_mmmmmvoao:2268:322.33.52%8moooaaoamaamine*2c:<m.o_m:m$32.6mvmom5Emo__:_n. ma:3%goes»_:<o_<mq3mmmazsm:62,393Emgamma:2308aminomm:6cmzasn23mo__:_ormmumooamms_mm_._¢2u_..<m§m:$3320:magamoézama.33<u3§o.m:mo::m::<63:835mmE38_.Q_<_mQ_om_0__:_.o.._m<owxvammmqEm:amgmmw?mma:5:2so§<3883.6nmzazmmumomm..o1:m3mm_<mm_=6:m?ma9.am:nmamim.994aseize5::=6os328SS3:6oczmiE33Qoo?oammEm_oom:o:.man8E0308:668:0:8:92$3.?ugmmommsm..26scams»twine233.0:3%cmooammEogms3co?wmmnmaa. armE232.3952%cm.mm:amaaa?og8.83,3:n_m<m_ou3m:.3.um:$_mmowmmgosman0587QQ:q_mo:mm_o:w2::$.13.mmo?mmmo:msE3..Rm3.TIxsu\!!- _..=\.E.E:m.~.awS<§.8.§.:_9:.QS=S=E.Qm=m_=3mum<¢_o_§o=.Page 270 of 377 >:u§.3.83.N..muu.no3.8 .5m..wmm:o_mnm3.EmQEm»Em2.95.35%mm:moooaaoqm?mcoEEm5:msg om...AEmEaE._<m§m:m.mm$25ozEmmamasEms.d5c8cm:<5Nozma®m:mB_. o:._3m8.m_magmamine_o._mmumzs?mgcmm:32EmNoisem<-_ms>M :5ossmq2Emmaaaa_<_m&om_O:5285cm?mmno:mE_mE1:mqm<m_oo3m2o.“ EmEouommgaminomagm:<..m_m5acoma.E3&0;EmEmamuqmma8cm=_5:o5__< qmmuo_5E_m31$am<m.oc3maonEm53%Em»mar:Emo_E_o..35285Eoram EmmmnsmzEm__.Q_.mQ_:©.Emacs?mmmazmman8&3..3mmom.mmzamnmq33%. 285520:mam05338cm29000.8._ .251moo33m.5mq..mm8_mmmmEm53%3.3Em05sagacm§.m8.8U9.mszca EcmGm;4:5Emcqm5cmmmqon5mmcan3Em03$3%._»mo«mm:o:man.H ages0.6:ax2max.2::mscusmam&:m»3m28§._m2Em,Em82.5cmcm:2m?m<m:_._mmmzmaanocmzasm_oHE150539.9.Emmaaaa_<_m9m_0o. Emans;Emv_.oco_53Sosa203%msmnEEo:m__om<3m325.898uma95:3 3530.2n:<m§m:$oE:3m:»E..m=<mm. .25_mmmmSosaE:3:12323<55.8cmcum:E1..m:m<<m_mamaEm3<mma Emumxaqma.man.20:3223$..o«,m_.3Em:o:9.Em_mmmm3m.Em..um3\cue:Em nine3E_:<am<mzonom..25rmmmmm<<o:_amaccm«magma8903%mag3m_:§: u:u__o__mc__:<mag§o_om2<am3m@mEm?msomEEm3:05:9.152:50:Uo__ma @m.o8_ooo.o8. d5ancmm»émmo_8c_m5a805&<_m_o:m<<_E?mmuma.8@223E8mrmmmm >n_.mm3m:n._<E:_o6m_<<o:asoca_.mn::mEmn.m223<<m5«_<_m=mmm3m:.Eco:cmEmnm?mm89:23.25EmE,_umoa3 nm<Eomozom<mom3nmam.25.5..25_2%o:maSosacm«magma.83%31 Emammo?.Emmx_m::m£03.mmémqmag$362325:53EEm2m3.o...<<m<am20333 93.6mozmqcosos.manam3m_.:moommwimE13653mE5:m:om..Em_<E:_oEm_<<2_$u_<Eo:_m_:<o_<maEEmEm:Emvmqmmo:Eoommm2::Em m_o_o3u1m5mcEo<m_m$3022333Emmngomi. vm?2332...3oE_m«EQ_<E:m~m8_mmmmEmmm53%:m<mcmm...S5coommmE_..25 aim?mzom2::Em2:525392a.5.332on2:5.5:qmnE:3m325wmnmsmoz. 95Em029.3Emmaaaa_<5a__om_0:35o<<:mx82:5EmQm<m_ou3m.:2E5 25.2.9.Em:5... :H9:«moo33m:am:o:E2:505mamqE8Em>Qmm3mR<<_Emsaaa_/3&8. omsamSam:Emmuo<m$35eaoozaaosm. mmooaamsgma3:E N. . _ 0.2mo__o_§ mmooaamzmmg95,.Kg ...\mmam3&3.0.8922wcgzmmmUm<m_ou3m3 _»mmumo::=<m:_u3§m9\ Xv8::_<_mooo:m_a_0:3>a3E_m.§_<mOaomq >:mo:3m:. M W Page 271 of 377 783.3 >:m:m.3.No.82m,mmmu.&u==u ..2.:Z xmvoma«on_<_m<o...m3mm_<_.U_oam: man§m3vm«m9..<_:_.._o€m_9.32. mcwaimcw<“_.mcm_mmiomm ,2.»_m8:_:_m.=_m:o:E 8:35...:Em8.5:$2» 32.3..3.Q5.no::n= mcmgmo?_.-~o3-3 W nmsmsamnAmSa§.&_...3:mn_ >mmE:3¢:»2rmmmmno vozmmm22:.Io_&:mm_._3:& _um_.E:mre">&mom_.;33%won»?285 _ OS.35Zn.N838 xmoo_<__<_mzo>:oz 9._.:m:0820:mE.8<m:6mmm?sams.23m_mmmm9.Smumzazm_oHm&mom28 Sam_uo:mnmmama.33m922z_mmmS3%.8cmcSo:mmm_.9”?mm35¢ mama. m,.25;Em_<.m<o:05%man92mo_§§cm%8§_83.6<<:m.m<m?mogozmman was<<:mHm<m.qoocamammam?mnczmq8ooaam?mEmmmm_o:3m2. m?oxozoczu _ _:82.Ooczozmnu_.o<mam_mmm.m3mnoao:2cmo_n_zmmAmm=<<m<53%.3.cmm. mmmnmizm_o,_u<Em3mo__om_omimaEom?mam,£8_uo_.Scm203.,_,:mosima3 3%vonmmmmama_m:92mm__3mEm:Eoum:<magmmmwmEmmn_o8<m_300:30:2ms mmw6:3m:..9.3m»_mmmm65mucwormmmr._.:mm::cm_6:6.o:Em_mmmm_w3.898. jam_mmmm_u8<ammanm32:2cm<3m28:m0.298.08.8m::cw__<<3:Em 2058Em.Em3o:m<ummcv=mn_.8moor:$oE:3m:w._.:m$3;29m_mmmmmac 5228mosmédmnm<3m383m0.23?wooooo8cm2.2.88"B: am<m_ou3m2. :5ncqosmwm?om$8monmmmmama<2:cmmsmmzm?m208mmOman.man08%. Eonmamm.2,5ooaumamm2:6:cmgzmmz3m392:magBmsmomo<maPoooboo2.»2 V oo33m8_m_:wm_mmazm.._:o_cn=:o53mn=om_oaomcE_n=:mm§3cn:oS0:820. 3m.mmmmmxgmm383man.om:um.§£o§85::Em:9283.3m»:5:23m.Page 272 of 377 53m.:....>:m:m.MyNo.3 >z>_.<m_m\m>:oz>_.m :5magmaovmaaoz3?mmUonmmmmama38:3»:5cmmo?EmEsq§8.55 manno322052nc?omm<<o:_Qam$233Qmozzin8mcam8msmmmazama2 3m_mmmm. o_a<.mm:»>:mm_oooa_<_:_smza :5Eonomma>mm6:3m:_3rmmmma5_6m_u_:o2::ooc:n=.moo33:3m283530.». 2aa_:%=<.ocm33m«mmzammxom=m:om.oama~mmo:m_m3o.m:o<mago2mnz<m:mmm_ man.Emoqmmzos9“mEm:EmzzmaQ2. :3on>?>o_.__smz$ >:mo:3m.3A1>m1m._u:o8oSu: w8o=_=.2a2_E:K.ES? Km:wmm3m:_Q?mo_§§ Kg}: xm:3%.0:9.>a33.m._.m:<m0309mmmUmn3..=<w:c§_$m§ X6 Page 273 of 377 >.3.>O_._2_mz z§=sss.a_as$52.25:W=S&_m8wom:.3mf.m&.cEmmoEQSEE 43%: :4 Page 274 of 377 MW-2018-30 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2018-30 Firemen’s Park Improvements Budget Request RECOMMENDATION That the report be received and that the funding request be referred to the 2019 Capital Budget review process. EXECUTIVE SUMMARY Firemen’s Park has been an integral part of the community, playing a significant role in the provision of recreational opportunities and events. The City has been a key partner on both the Firemen’s Park Youth Activity Complex and the Leash -Free Dog Park as well as improvements to the parking area surrounding the Clubhouse and Lecture Hall. The purpose of this report is to identify a three year funding program for future site works and improvements to existing amenities as well as provide new amenities fo r the public use. The work generally involves reconstruction of parking areas, improvements to the existing playground, pavilions and amphitheatre as well as rehabilitating the existing pond, washroom facilities and maintenance areas. These site works not only service existing use and events at the park but will also provide the park the ability to hold larger and more frequent community events. The purpose of this report is to seek Council’s direction to advance Capital improvements on the Firemen’s Park property through a 3-year phase program. BACKGROUND Firemen’s Park is approximately 43.7ha. (108 acres) in size and is situated on the north side of Mountain Road between Dorchester Road and the Mountain Road Landfill site. The lands are located within the Niagara Escarpment and are subject to the land use regulations permitted by the Niagara Escarpment Commission. Residents of the City of Niagara Falls have enjoyed the recreational use of Firemen’s Park for many years. These lands were previously privately-owned by the Stamford Centre Volunteer Firemen’s Association (SCVFA) until such time as the City through a new Commitment Agreement dated February 25th, 2014 purchased the property and leased it back to the Page 275 of 377 2 MW-2018-30 December 11, 2018 SCVFA for a term of ninety nine years. This Agreement allowed the continued public use of Firemen’s Park as well as allows for the SCVFA to host many community events such as the annual Easter Egg Hunt, Twightlight Tuesdays, Blues in the Park and the Annual Fall Fair. In 2015 the City of Niagara Falls completed improvements to the parking area surrounding the Clubhouse and Lecture Hall which serve as the base of operations for the SCVFA. These site works not only service the Clubhouse and Lecture Hall but also service the remaining parkland, Youth Activity Complex and the Leash Free Dog Park. A request has been made by the SCVFA for additional improvements to the Firemen’s Park for such things as parking lot, lighting and public features. These impr ovements will also ensure growth for existing and new events to be held at the park. ANALYSIS/RATIONALE Staff has estimated costs associated with the requests of the SCVFA and have phased the implementation into a three (3) year plan (2019-2021). The Phase 1 works generally involves improvements to the upper parking area including concrete curb and reconstruction of parking areas including the supply and placement of hot mix asphalt as well as a Master Landscape Plan for the entire Firemen’s Park. Phas e 2 & 3 works general consist to improvements to the lower parking area as well as rehabilitating the existing pond, washroom facilities and playground area. These site works and improved amenities will not only service the Clubhouse and Lecture Hall but a lso service the Youth Activity complex and the Leash Free Dog Park as well as provide the ability to hold larger and more frequent community events. The estimated costs are as follows: Phase 1 Works (2019) $992,000 Phase 2 Works (2020) $735,000 Phase 3 Works (2021) $790,000 $2,517,000 Subject to funding approval, staff will administer the design and construction of these works in accordance with the City’s Standards, Specifications and Procurement Policies FINANCIAL/STAFFING/LEGAL IMPLICATIONS The proposed three year budget has been included as part of the 2019 Capital Budget request. The status of each phase should be reported to Council prior to any funding commitments to subsequent phases. Page 276 of 377 3 MW-2018-30 December 11, 2018 CITY’S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council’s Strategic Priorities by providing opportunities for active living and promoting a healthy and safe community. LIST OF ATTACHMENTS None. Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Page 277 of 377 MW-2018-31 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2018-31 License Renewal Amendment Agreement with the District School Board of Niagara – Princess Margaret School (6624 Culp Street) RECOMMENDATION That Council authorize the renewal of a lease agreement with the District School Board of Niagara (DSBN) for the use of the parking lot at A.G. Bridge Park for the purposes of a drop-off/pick-up point for students attending Princess Margaret School EXECUTIVE SUMMARY The parking lot at A.G. Bridge Park next to Princess Margaret School (6624 Culp Street) has provided an opportunity for the safe drop-off/pick-up of students. City Council entered into an Agreement with DSBN in July 2003 that has been subsequently renewed in 2013 until its recent expiry in August of 2018. Recent improvements (paving, grading) have been completed requiring minor changes to the wording of the Agreement as well as the renewal for an additional 5 year term. The purpose of this report is to authorize the amendments and renewal of the agreement with DSBN to continue the shared use of the parking lot at A.G. Bridge Park. BACKGROUND Since 2003 the City has been working with DSBN to permit the use of the parking lot at A.G. Bridge Park for the purposes of a pick-up/drop-off point. The original Agreement in 2003 was renewed in 2013 and has since expired in August of this year. Page 278 of 377 December 11, 2018 - 2 - MW-2018-31 ANALYSIS/RATIONALE The Amendment Agreement proposes another 5 year term and includes only minor wording changes to the Lessee responsibilities regarding the snow plowing of the newly paved parking area. FINANCIAL AND LEGAL IMPLICATIONS Financial terms in the Amendment Agreement are for nominal consideration. CITY’S STRATEGIC COMMITMENT The recommendation is consistent with Council’s Strategic Priorities of financial sustainability and the creation of a well-planned City. LIST OF ATTACHMENTS 1. Location Map Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Geoff Holman Page 279 of 377 MW-2018-31 – Attachment 1 Location Map Page 280 of 377 PBD-2018-72 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-72 Program Extension for the Downtown, Historic Drummondville and City-Wide Community Improvement Plans RECOMMENDATION That Council support a one year extension to the Downtown, Historic Drummondville and City-Wide Brownfields Community Improvement Plans to December 31, 2019 as outlined in this report and that a copy of this report be forwarded to the Niagara Region. EXECUTIVE SUMMARY In April of 2017, City Council granted an extension to the Downtown, Historic Drummondville and City-Wide Brownfields Community Improvement Plans (CIP). This extension expires in December of 2018. A further extension of one year is recommended based on the following:  the original extension made by City Council in 2017 was based on consideration of an upcoming Regional review of their CIPs and funding contributions towards local incentive programs;  Regional review of their Smart Niagara Incentive Programs (SNIP) continues into 2019 and Regional Council has directed Regional Staff to continue delivery of all existing Regional incentive programs presently under review through 2019 as currently administered; and  an extension will allow the continuation of the existing CIPs until a full comprehensive review corresponding with changes to the Region’s programs can be considered by the City. BACKGROUND In 2017 City Council considered the extension of three City Community Improvement Plans that had been in place for 10 years through Planning Report PBD-2017-09. The report recommended that an extension to these CIPs be approved allowing a comprehensive review of the CIPs to be conducted in coordination with the Region’s review of their Plans and funding towards local CIPs. Council decided to extend the Downtown, Historic Drummondville and City-Wide Brownfields CIPs to the end of 2018. The City’s funding of individual incentive programs under these CIPs are matched by the Niagara Region under their Smarter Niagara Incentive Program (SNIP) funding. A summary of the incentive programs and the SNIP contribution is provided on Appendix A. Page 281 of 377 2 PBD-2018-72 December 11, 2018 ANALYSIS/RATIONALE Regional Council continues to review their Incentive Programs in light of their costs, their success at the local and regional level, and policy direction within the Region’s Official Plan and Provincial Policy direction. As such, Regional Council has directed that funding of the incentives under their SNIP program be continued through 2019 to 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’. A comprehensive review of the City’s Downtown, Historic Drummondville and City-Wide Brownfields should be co-ordinated with the Region’s review to align programs and, consequently, funding. The City’s incentives are matched by the Region under their SNIP program and capitalizing on these funds is financially advantageous to both the City and the applicants. It is noted that during the Regional review of the SNIP program, newly approved or revised Community Improvement Plans would not be receiving matching Regional funds. This affects the Lundy’s Lane CIP which was approved by City Council on March 27, 2018. The City has not received any applications for this CIP and future decisions on applications will need to be made in terms of City funding only. FINANCIAL/STAFFING/LEGAL IMPLICATIONS A balance of approximately $162,588 remains in the Downtown CIP Special Purposes Reserve for CIP programs. The funding for the Historic Drummondville program is subject to a Special Purpose Reserve of $344,310. The balance of the City Wide (Brownfield) reserve is $527,038. The tax increment based grants are based on the supplemental assessment increase due to reinvestments made under the program. The grant is calculated as a percentage of the increase in taxes due to supplemental assessment and is therefore not part of the dedicated funding under the grant programs. CITY’S STRATEGIC COMMITMENT The City’s Community Improvement Plans contribute to the Economic Growth and Prosperity Priority of the City by providing incentives for private sector reinvestment into the City. Page 282 of 377 3 PBD-2018-72 December 11, 2018 LIST OF ATTACHMENTS  Appendix A- summary of CIP Programs. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer F.Berardi:mb Attach. S:\PDR\2018\PBD-2018-72, Program Extension for Downtown,Historic Drummondville,City Wide Brownfield CIPs.docx Page 283 of 377 4 PBD-2018-72 December 11, 2018 APPENDIX A SUMMARY OF CIP APPLICATIONS DOWNTOWN CIP COMMERCIAL BUILDING AND FAÇADE IMPROVEMENT Downtown Downtown Year 2007 0 2008 23 440,215$ 2009 17 171,943$ 2010 6 45,044$ 2011 10 122,069$ 2012 7 91,796$ 2013 15 89,375$ 2014 5 37,135$ 2015 2 4,842$ 2016 2 42,100.00$ 2017 4 21,860.00$ 2018 0 -$ REVITALIZATION GRANTS (TIF) Year Number estimate 2006 1 11,500.00$ extended to June 2017 2016 1 ? 2017 1 53,026.00$ RESIDENTIAL LOANS Year Number of Applications Number of livable units Created Loan 2008 1 23 104,880.00$ completed 2010 1 20 127,200.00$ completed 2013 3 8 107,660.00$ * 2014 1 4 45,530.00$ 55 385,270.00$ Number of Applications Grant Total *The City can consider these as expired -no building permit within 6 month of agreement and no extension requested Page 284 of 377 5 PBD-2018-72 December 11, 2018 HISTORIC DRUMMONDVILLE CIP COMMERCIAL BUILDING AND FAÇADE IMPROVEMENT Drummondville Drummondville Year 2007 8 $71,951 2008 6 $34,090 2009 10 $83,994 2010 5 $48,487 2011 6 $60,273 2012 1 $0 2013 0 $0 2014 4 $63,422 2015 0 $0 2016 0 -$ 2017 0 -$ 2018 0 -$ REVITALIZATION GRANTS (TIF) Year Number estimate 2007 1 8,496.87$ extended 2009 1 51,000.00$ extended 2014 1 44,070.00$ 2018 1 pending approval RESIDENTIAL LOANS Year Number of Applications Number of livable units Created Loan 2009 1 102 500,000.00$ extended to 2018 2009 1 4 45,530.00$ incomplete 2015 1 113 500,000.00$ Number of Applications Grant Total Page 285 of 377 6 PBD-2018-72 December 11, 2018 BROWNFIELDS CIP TAX ASSISTANCE & REHABILITATION GRANT Year 2008 1 * expired 2011 1 $628,792 2015 1 pending (former Cytec) ENVIRONMENTAL STUDY GRANT Year Number Grant Amount (City + Regional) 2006 1 10,000.00$ 2007 1 12,500.00$ 2015 1 11,793.00$ 2016 1 not eligible 2016 1 20,000.00$ 2017 2 18,408.00$ *same property 2017 1 5,828.00$ 2018 1 7,610.00$ 2018 1 11,691.00$ 10 97,830.00$ Number of Applications Page 286 of 377 PBD-2018-75 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-75 26CD-11-2018-006, Draft Plan of Vacant Land Condominium Modification to Draft Plan Approval 8273 Tulip Tree Drive Applicant: Imagine Townhomes GP Inc. Agent: Upper Canada Consulting (Jennifer Vida) RECOMMENDATION 1. That subject to subsection 51(47) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight’s agenda to deem the changes requested by Imagine Townhomes GP Inc. to the subject Draft Plan of Vacant Land Condominium to be minor; and to determine that no further notice is required; 2. That the modified Plan of Vacant Land Subdivision be draft approved subject to the modified conditions in Appendix A; and 3. That the Mayor or designate be authorized to sign the modified 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. EXECUTIVE SUMMARY Imagine Townhomes GP Inc. is requesting Council to consider passing a resolution to allow minor modifications to the approved draft plan of vacant land condominium and allow revisions to the conditions of draft plan approval. The modifications to the plan are requested to reduce the proposed number of townhouse units on the land from 37 to 36. Planning staff recommends the request for the following reasons:  The minor change does not impact any Provincial and Regional policies;  The proposal continues to conform to the Official Plan and the Garner South Secondary Plan regarding the development of the land with medium density residential uses;  The proposal continues to conform with the site specific zoning of the parcel; and  City and Regional interests will continue to be addressed through the fulfillment of conditions in Appendix A. Page 287 of 377 2 PBD-2018-75 December 11, 2018 BACKGROUND Proposal On July 10, 2018 (PBD-2018-43), Council approved applications for a Zoning By-law Amendment (AM-2018-00) and Draft Plans of Vacant Land Condominium (26CD-11-2018-004, 005 and 006) for three parcels of land located on the west side of Kalar Road, including the subject 0.96 hectare parcel of land (See Schedule 1). Council approved the requested zoning by-law amendment to change the zoning of the subject land to a Residential Low Density, Grouped Multiple Dwellings (R4-1071) zone, with site specific regulations to allow the development of 37 townhouse dwelling units. The draft plans were also approved with a lapsing date of three years. The existing draft plan approval lapses on August 3, 2021. The applicant now wishes to make minor modifications to the approved draft plan. The modifications are requested to reduce the number of units from 37 to 36. The specific changes affect two blocks of townhouses on the north part of the site, shown as unit numbers 17 to 26 on Schedule 3. One unit is proposed to be deleted from one of the blocks and the units relotted as shown on Schedule 3. Typically changes to a draft plan would require written notice under the Planning Act, however subsection 51(47) of the Planning Act, 1990 R.S.O allows a municipality to forgo the requirement of circulation of a written notice if Council deems the changes to be minor. To deem the changes minor, a Council resolution is required. If Council approves the modification to the draft plan of vacant land condominium it would still be subject to all the normal Planning Act requirements for appeal rights. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to comply with Provincial policies. Greenfield areas, such as the secondary plan area the subject land is located in, are to be developed to a minimum density of 53 jobs and persons per hectare. With the modification the subject development would still have a density of 98 jobs and persons per hectare, which will assist the City in meeting minimum Greenfield area targets as a whole. As such the proposed development continues to comply with applicable Provincial policies. 2. Official Plan The subject lands are designated Medium Density Residential in the Garner South Secondary Plan (GSSP). Lands designated Medium Density Residential are intended to be developed for townhouses, apartment buildings and other multiple unit forms of housing, at densities between 50 and 75 units per hectare. Lower densities are permitted provided greenfield density targets noted above are met. The revised proposal have a density of 37.5 units per hectare. While this density is below the minimum density of 50 units per hectare stipulated for Medium Density Residential, this block will contribute to meeting targets for greenfield areas. With this development and other approved or built developments; the GSSP area will be achieving a density of about 55 jobs and persons per hectare, above the minimum Page 288 of 377 3 PBD-2018-75 December 11, 2018 greenfield target of 53 jobs and persons per hectare. The revised proposal will continue to comply with the GSSP. 3. Zoning By-law Amendment The modified draft plan complies with the site specific Residential Low Density Grouped Multiple Dwelling (R4-1071) zoning of the land which was passed by Council on August 14, 2018. 4. Subdivision Design and Conditions of Approval The revised plan of vacant land condominium will have 36 vacant land units for future townhouse dwelling units. This minor change does not affect the internal driveway pattern or access to Tulip Tree Drive. The revised conditions are included in Appendix A. The revisions are shown in bold and affect conditions 1 and 30 (for housekeeping). FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY’S STRATEGIC COMMITMENT The proposed development supports the Vibrant and Well Planned City Strategic Priority. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Approved Draft Plan  Schedule 3 – Modified Draft Plan  Appendix A – Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2018\PBD-2018-75, Redline Revisions to Draft Plan Approval (Warren Woods Condo Block 229).docx Page 289 of 377 4 PBD-2018-75 December 11, 2018 SCHEDULE 1 Page 290 of 377 5 PBD-2018-75 December 11, 2018 SCHEDULE 2 Page 291 of 377 6 PBD-2018-75 December 11, 2018 SCHEDULE 3 Page 292 of 377 7 PBD-2018-75 December 11, 2018 APPENDIX A REVISED Conditions for Draft Plan Approval 26CD-11-2018-006 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, dated November 21, 2018, showing 36 units of vacant land for townhouse dwelling units as well as a common private road, visito r parking and amenity areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer submit elevation and perspective drawings to Planning, Building and Development that illustrate a front elevation orientation of units 1 to 8 facing Brown Road and units 9 to 16 facing Kalar Road. 4. 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. 5. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 6. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 7. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations and garbage enclosures/collection areas. Connectivity to adjacent green space, walking trails, and sidewalks should be illustrated. Fencing between the units and Kalar and Brown Roads to be wrought iron or similar fencing, not exceeding 1.2 metres in height. 8. The roadways, services, lot grading and underground services shall all be designed and constructed in accordance with City standards. The developer ensure that the existing municipal infrastructure will adequately service the development as demonstrated in a site servicing brief prepared by a Professional Engineer licensed in Ontario. Note: No looping connections of the existing watermain will be permitted at any point within the development (i.e. single connection to municipal distribution network only). Page 293 of 377 8 PBD-2018-75 December 11, 2018 9. The developer submit a lighting plan prepared by a professional engineer. The design is to be independently powered and metered. Photometric plans are to be submitted demonstrating zero impact on neighbouring properties. 10. The developer provide the City with the proposed site servicing and grading scheme for the subject property to Municipal Works for review and comment prior to start of construction. 11. The developer pay the applicable development charges in place at the execution of the Vacant Land Condominium Agreement and prior to Building Permit issuance in accordance with By-law No. 2014-87, as amended. 12. The developer pay the City the applicable required fees for administration. 13. That the following condition be placed in the Vacant Land Condominium Agreement: “Owners shall be required to have their Engineering Consultant provide written acceptance that the works completed conform with the City’s accepted drawings and in accordance with NPSCD and City construction specifications.” 14. The developer submit a request to the Fire Department to designate, through municipal by-law, a fire access route on the property; provide a drawing illustrating the fire route’s compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code; and post the necessary ‘No Parking’ signs. NOTE: parking shall be prohibited on both sides of the access roads. 15. The developer provide the necessary servicing drawings to Fire Services, to confirm compliance of the development with Section 3.2.5.7 of the Ontario Bui lding Code, including the location of the fire hydrants. Fire hydrants to be identified will be private hydrants and as such need to be tested and maintained in accordance with the requirements of the Ontario Fire Code. 16. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and subsequent completion of landscaping, grading and paving, and service and meter installation details. 17. That a Centralized Mail Box (CMB) be located on the site in a location to be determined in cooperation with Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 18. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer will be responsible for officially Page 294 of 377 9 PBD-2018-75 December 11, 2018 notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 19. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, construction of a concrete pad, installation, notification of the start of construction and providing mail service information to property owners. 20. The condominium agreement between the developer and the City contain the following clause: “The developer agrees to ensure no clearing of vegetation takes place on the site between May 1 and July 31 of each year, to protect nesting birds under the Migratory Bird Convention Act. Any proposed clearing of vegetation including trees, shrubs and grasses within these dates will require that an ecologist undertake detailed nest searches immediately prior to site alteration to ensure no active nests are present.” 21. The developer submit a written undertaking to Niagara Region indicating that draft approval of this condominium does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of registration and any pre-servicing will be at the sole risk and responsibility of the owner. 22. The developer submit a written undertaking to Niagara Region indicating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that a servicing allocation for this condominium will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement between the owner and the City. 23. The following clause be included in the condominium agreement: “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 Ontario Ministry of Tourism, Culture and Sport (416-212-8886) and a licensed archaeologist (owner’s archaeology consultant) is required to carry out an archaeological assessment in accordance with the Ontario heritage Act and the Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services 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 that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” Page 295 of 377 10 PBD-2018-75 December 11, 2018 24. Prior to final approval for registration of this plan of subdivision, the owner shall submit the design drawings (with calculations) for any proposed municipal sanitary and storm drainage systems require to service this development and obtain Ministry of the Environment Compliance Approval under the Transfer of Review Program. 25. Verification of available wet weather sanitary 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 City. 26. The development provide a written acknowledgement (stamped and signed) from a qualified professional engineer that the existing stormwater management facility will accommodate the proposed development. 27. Prior to approval of the final plan or any on-site grading, the owner shall submit an updated stormwater management plan and report for the condominium and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to Niagara Region: a) Detailed lot grading and drainage, storm servicing, and stormwater management plans, noting both existing and proposed grading and the means whereby overland flows will be accommodated across the site; and b) Detailed construction erosion plans. 28. The condominium agreement contain provisions whereby the owner agrees to implement the approved plan(s) required by the condition no. 27. 29. The developer ensure the development provides an access that complies with Niagara Region’s Corporate Policy for Waste Collection and by-laws relating to the curbside collection of waste, throughout all phases of development (if applicable). If the proposal will be constructed in phases, where a through street is not maintained, the developer shall provide a revised draft plan to reflect a proposed temporary turnaround area/cul-de-sac to Regional standards. 30. In order to accommodate Regional Waste Collection service, waste collection pads are required to be provided by the applicant for units 21 -28 inclusive and 9 and 10. The waste collection pads shall be designed/constructed in accordance to the details outlined in Niagara Regions’ Corporate Policy for Waste Collection. 31. The developer enters into an Indemnity Agreement with Niagara Region prior to commencement of Regional waste collection services to this site. If the owner has not entered into the agreement at the time clearance of condition s is requested, a similar clause shall be included in the condominium agreement. Notes: Page 296 of 377 11 PBD-2018-75 December 11, 2018 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 clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall 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. 32. The following notice clause shall be included in the Condominium Agreement and in any Site Plan Agreement and in all Agreements of Purchase and Sale for the condominium units, 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 verified under the Responsible Care Codes of Practice. This notice clause includes any successors and/or assigns in title to Cytec.” Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1 to 4 (inclusive) - Legal Services for Conditions 5 and 6 - Parks Design for Condition 7 - Municipal Works Department for Conditions 8 to 13 (inclusive) - Fire Services for Conditions 14 and 15 Page 297 of 377 12 PBD-2018-75 December 11, 2018 - Enbridge Gas for Condition 16 - Canada Post for Conditions 17 to 19 (inclusive) - Regional Niagara Public Works Department for Conditions 20 to 31 (inclusive) - Cytec Canada Inc. (Solvay) for Condition 32 Page 298 of 377 R&C-2018-17 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2018-17 Seniors Advisory Committee RECOMMENDATION That Council approve the Terms of Reference for the Seniors Advisory Committee (SAC). EXECUTIVE SUMMARY At the November 13, 2018 City Council meeting, Council approved a motion to create an Age Friendly/Seniors Advisory Committee. The City of Niagara Falls has various Committees made of appointed citizens, Council members and City staff. The Recreation & Culture Department is currently responsible for the following committees of Council: Recreation Committee, Arts, Culture & Museum Committee, Park in the City Committee and Mayors Youth Advisory Committee (MYAC). To better represent all citizens of Niagara Falls a Seniors Advisory Committee (SAC) will be developed to address seniors’ issues and opportunities. BACKGROUND The Coronation Centre Fifty Plus Recreation Centre staff work closely with a twelve member volunteer Advisory Committee. The Advisory Committee and the Centre members have provided ideas to staff to improve the quality of life for seniors in Niagara Falls. The mandate of the Coronation Centre Advisory Committee is to advise on the Coronation Centre programs and services. Staff recommends one of the Coronation Centre Advisory Committee members represent the Centre on the new Seniors Advisory Committee. Staff also recommends one member of the Niagara Falls Accessibility Committee sit on the committee. Page 299 of 377 2 R&C-2018-17 December 11, 2018 ANALYSIS/RATIONALE The implementation of the new Seniors Advisory Committee will assist in addressing the needs of seniors in Niagara Falls. The committee terms of reference will also address the Age-Friendly Framework. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Manager of Coronation Centre & Aquatics will be responsible for the Senior Centre Committee (SAC). No additional staff positions are recommended at this time. CITY’S STRATEGIC COMMITMENT The implementation of a new Seniors Advisory Committee will address the needs of Niagara Falls seniors to meet the Strategic Priority of Organizational Efficiency and Effectiveness. LIST OF ATTACHMENTS Terms of Reference for the Seniors Advisory Committee (SAC) Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 300 of 377 City of Niagara Falls Seniors Advisory Committee (“SAC”) Terms of Reference 1. Purpose To serve in an advisory capacity to City Council and staff on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls. 2. Objectives 2.1 The Seniors Advisory Committee (SAC) will act as a liaison to enrich and enhance the lives of seniors within Niagara Falls, identify barriers, form partnerships with the community and act as a public forum for issues affecting seniors. 2.2 To solicit input and act as a public forum for issues that affect seniors in the community. 2.3 To provide recommendations based on input received to improve the programs, policies and services provided to seniors. 2.4 To identify barriers to access by seniors to City programs and services. 2.5 To form partnerships in the community to educate, inform and improve quality of life for seniors. 2.6 Develop an action-orientated strategy to create an Age-Friendly Niagara Falls. Goals will be based upon the World Health Organization (WHO) princip les as identified in the Age-friendly Framework and Toolkit. The principles will include:  Respect and support of all citizens  Access and inclusion for all citizens  Community engagement in decision making  Livability  Accountability  Promoting independence and wellness for seniors The Advisory Committee will work with decision makers to achieve an Age - friendly community. 2.7 To prepare and submit an annual report and recommendations to Council for consideration. 3. Membership 3.1 The advisory Committee shall consist of voting members:  Eight (8) City of Niagara Falls residents aged 60 years plus. Page 301 of 377 2  One (1) representative from the Coronation Centre Advisory Committee  One (1) representative from the Accessibility Committee  One (1) City Councillor 3.2 Any advisory support required by the Committee will be determined on an ad -hoc basis dependent on need and availability of resources. Sub-committees comprised of members-at-large may be initiated to achieve the objectives of the Advisory Committee. In addition, the Committee will engage non-voting resources that will serve in an advisory capacity: I. A staff liaison from the Recreation and Culture department II. Staff support from various City departments as required. III. Representatives from various community organizations and agencies as required. 3.3 Committee members shall be appointed by City Council for a four year term. 3.4 The Committee shall elect a Chair and Vice-Chair. 3.5 Any resignation from the Committee shall be tendered in writing to the Chair who will advise Council through City Staff. Council shall approve a replacement member for the balance of the term. 3.6 Members will be appointed for a period to coincide with the term of the appointing City Council. 4. Reporting The Committee will report to Council through the Recreation and Culture department. 5. Meetings 5.1 A quorum shall consist of a simple majority of the members holding office at the time of the meeting. 5.2 The chair will establish a regular Committee meeting schedule (8 to 10 per year) with no scheduled meetings in July and August. Meetings will occur on the second Thursday of the month from 2:30 p.m. to 4:00 p.m. 5.3 A meeting agenda will be prepared and distributed at least one week prior to the meeting. Minutes will be recorded and submitted for approval at a following meeting. 5.4 In order to maintain a high level of commitment, members may be asked to resign if they have been absent for three (3) consecutive meetings without good cause. Page 302 of 377 3 6. Member Responsibilities 6.1 Committee members shall become familiar with the Parks, Recreation and Culture Strategic Plan (2007), City Policies and Procedures and other relevant documents. 6.2 Each Committee member will serve as an independent community vol unteer and will not represent the concerns of any particular community organization. Committee members shall work together as a team for the purpose of achieving positive outcomes that will benefit the entire community. 6.3 Committee members are selected based upon their experience and knowledge and are expected to actively participate in committee meetings. 6.4 Committee members shall declare any situation that is, or has the potential to be a conflict of interest. 7. Code of Conduct The Committee shall, at all times follow the policies and procedures set out in the City of Niagara Falls Council/Committee Code of Conduct. Page 303 of 377 TS-2018-27 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Transportation Services SUBJECT: TS-2018-27 Regulatory Sign Installations in New Subdivisions RECOMMENDATION That the regulatory signs outlined in this report be approved for the Miller Road South Estates subdivision and the second phase (fourth stage) of the Chippawa West subdivision. EXECUTIVE SUMMARY Parking and Traffic Bylaw 89-2000 needs to be amended to reflect the additional traffic and parking controls in the Miller Road South Estates subdivision and the second phase (fourth stage) of the Chippawa West subdivision. BACKGROUND Approval has been granted for both the Miller Road South Estates subdivision and the second phase (fourth stage) of the Chippawa West subdivision. The street system has been constructed and building permits have been issued for new homes to be built. Conditions have been imposed through the subdivision agreement for the installation of stop signs and parking prohibited signs. ANALYSIS/RATIONALE A breakdown of the regulatory signs is as follows: Stop Signs That a stop sign be installed facing traffic: 1. Northbound on Bailey Avenue at Miller Road; 2. Northbound on Baxter Avenue at Miller Road; and, 3. Eastbound on Tallgrass Avenue at Emerald Avenue. Page 304 of 377 2 TS-2018-27 December 11, 2018 Parking Prohibited Signs That a “no parking” restriction is installed on: 1. Both sides of Bailey Avenue between Miller Road and Baxter Avenue; and, 2. Both sides of Baxter Avenue between Miller Road and Bailey Avenue. Bailey Avenue and Baxter Avenue have been constructed to a rural standard with a 6.0 metre pavement width. The parking prohibition on both sides of the roads is to satisfy a condition of Fire Services. FINANCIAL/STAFFING/LEGAL IMPLICATIONS All costs associated with the sign purchase and labour costs have been incorporated into the subdivision agreements and have been paid in full by the developer. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 305 of 377 TS-2018-28 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-28 Front Street – Parking Review RECOMMENDATION That the parking prohibition, in effect from Monday to Friday, on the northwest side of Front Street from a point 37 metres southwest of Portage Road and a point 77 metres southwest of Portage Road be removed. EXECUTIVE SUMMARY The recommended removal of the parking prohibition will allow drivers to park on Front Street next to the Tim Horton’s. The construction of a parking bay is included in the 2019 Capital Budget deliberations. BACKGROUND Front Street is a local City road that extends southwesterly from Portage Road to a dead end southwest of Reilly Street. A Tim Horton’s is present at the corner of Portage Road and Front Street and the remainder of Front Street is residential. The Welland River flanks the southeast side of Front Street. Parking is prohibited from Monday to Friday, throughout the day, on both sides of Front Street between Portage Road and Norton Street. This restriction was established in 2012 due to local residents concerns with drivers parking throughout the road segment and boulevards being deteriorated. There are six parking spaces that are perpendicular to the road located across the street from the Tim Horton’s at the Front Street Public Dock that allows persons to park for up to 2 hours at a time. Staff received a petition signed by several Chippawa residents to permit parking on Front Street next to the Tim Horton’s to allow residents to be able to enjoy the waterfront area. Page 306 of 377 2 TS-2018-28 December 11, 2018 ANALYSIS/RATIONALE Even though the road next to Tim Horton’s is signed as a “No Parking” zone, it is continually be used for parking or stopping while customers go into the restaurant. The boulevard had been considerably damaged by the repeated presence of vehicles. The boulevard has been restored to a higher standard to prevent tire rutting and drainage issues. Front Street between Portage Road and Norton Street is one-way only. Although there is enough asphalt width for parking to be allowed on one side without vehicles interfering with through traffic, parked vehicles next to the Tim Horton’s may obstruct drivers trying to exit the boat dock parking stalls. The construction of a parking bay would provide sufficient manoeuvre space for drivers to safely enter and exit the existing parking stalls. Staff is recommending that the parking prohibition on the northwest side of Front Street from a point 37 metres southwest of Portage Road and a point 77 metres southwest of Portage Road be removed. Drivers may now park on the restored boulevard. The construction of a parking bay within the boulevard and abutting the existing sidewalk, complete with an asphalt surface, catch basins and barrier curbing is recommended to establish a safe parking area and eliminate the continual maintenance needed. The construction of a parking bay is being included in the 2019 Capital Budget deliberations as a priority project. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The removal of the signs is to be carried out by Transportation Services Staff. The labour and material costs are accounted for in the approved 2018 General Purposes Budget. It is estimated that the cost to remove the signs is approximately $200. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENT Study Area drawing Page 307 of 377 3 TS-2018-28 December 11, 2018 Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 308 of 377 TS-2018-28 Front Street Parking Review Tim Hortons Front Street Public Dock Parking Area Existing “No Parking, Monday to Friday” Zone One Way One Way Recommended Parking Zone and Parking Bay ConstructionPage 309 of 377 TS-2018-29 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-29 Kalar Road between McLeod Road & Buckeye Crescent Parking and Traffic By-laws RECOMMENDATIONS 1. That “no parking” restrictions are posted on both sides of Kalar Road between McLeod Road and Buckeye Crescent; 2. That “no standing” restrictions are posted at all transit stop located on Kalar Road between McLeod Road and Buckeye Crescent; and, 3. That the bicycle lanes on both sides of Kalar Road between McLeod Road and Buckeye Crescent be designated by municipal by-law. EXECUTIVE SUMMARY To ensure unimpeded traffic mobility on Kalar Road once the road improvement project is completed and keep the bike lanes free of parked vehicles, it is recommended that a “no parking” restriction is posted on both sides of Kalar Road, except for “no standing” restrictions at transit stops, and that the bike lanes are signed and marked according to regulations. These parking and traffic control measures are consistent with other reconstructed arterial roads in this part of the City. BACKGROUND Kalar Road between McLeod Road and Buckeye Crescent is currently being reconstructed. Designated cycling lanes will be provided in both directions within the limits of the construction project in accordance with the City’s Sustainable Transportation Master Plan on-road active transportation network. This project is a continuation of work that was completed south of Buckeye Crescent. An urban cross- section consisting of a curb, gutter, boulevard and a sidewalk on each side will be provided. These improvements are being carried out to accommodate traffic future Page 310 of 377 2 TS-2018-29 December 11, 2018 growth in the Warren Woods secondary plan area and upgrade the road to current urban standards. ANALYSIS/RATIONALE Currently, there are no signed parking or standing restrictions present on Kalar Road within the limits of the construction project. To ensure unimpeded traffic mobility and keep the bike lanes free of parked vehicles, it is recommended that the study area consist of a “no parking” restriction on both sides of Kalar Road with a “no standing” restriction at Niagara Falls Transit stops. The bike lanes are recommended to be signed and marked according to established provincial regulations. The reconstruction project is expected to be substantially completed by the end of the year. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2018 General Purposes Budget. The estimated cost to install the signs is approximately $2,500. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENT Study area drawing Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 311 of 377 TS-2018-29 Kalar Road between McLeod Road and Buckeye Crescent Parking & Traffic By-laws Limits of Road Improvements Proposed Bike Lanes, No Standing and No Parking Restrictions Warren Woods Phase 3 Warren Woods Phase 4 Page 312 of 377 TS-2018-30 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-30 Disabled Warning Signs – Pilot Project RECOMMENDATION That the Disabled Warning Sign pilot project become a permanent program. EXECUTIVE SUMMARY Traffic speeds at the majority of pilot study locations have decreased, by up to 6 km/h, where the new disabled signs have been installed. No incidents, concerns or collisions were noted during the study period. Therefore, Staff is recommending that the pilot project become a permanent program. Staff will be updating the remaining signs, which mostly are on local roads, to the new standard to be consistent throughout the municipality. BACKGROUND At its August 22nd, 2017 meeting, City Council endorsed a pilot project for a new disabled traffic warning sign with a tab for a trial basis, and to re-evaluate it after a one year period. Please refer to Appendix A for the report. There are no signs designated in the Canadian and Ontario Traffic Manuals for warning signs dealing with disabilities. The City has a number of worded sign locations that identify hearing, sight and disabled child. Staff developed a sign utilizing a combination of a standardized disability symbol along with a tab identifying the specific disability. As well, a procedure and approval process was developed to ensure that requests are legitimate and there is the ability to follow-up to determine if the sign is still required. The application form is provided in Appendix B. The intention of the signs is to draw awareness to drivers that a child may not react in an expected manner due to a physical or mental impairment. Page 313 of 377 2 TS-2018-30 December 11, 2018 ANALYSIS/RATIONALE Upon approval of the pilot project, Staff developed an information poster to introduce the pilot project and provide information on how residents can apply for a sign. The poster is provided in Appendix C. In addition, traffic data was collected at 10 locations before the new disabled sign and tab was installed in place of an existing sign, to establish baseline data. Data was collected on a mix of arterial (2 locations), collector (3 locations) and local (5 locations) roads to see if any patterns emerge with the classification of road. Traffic data was once collected at these same locations one year later to determine if the presence of the sign had any effect on driver behaviour, namely with their speed. The greatest benefit is seen on local roads, which would be used by drivers that live in the immediate area. The data notes that speeds generally decreased on all local roads, with a 6 km/h drop in speed observed in two locations. Collector roads are intended to carry traffic across a neighbourhood, and the majority of drivers using a collector road may not live on that street. McGarry Drive saw a 6 km/h increase in one direction, though it should be noted that McGarry Drive may have been used by drivers to avoid the parallel detour route when a part of Kalar Road was closed for reconstruction as noted by a significant increase in traffic volumes. The operating speed was 7 km/h higher in one direction on Riall Street, however, it decreased by 6 km/h for one direction on Beaverdams Road. Data for arterial roads noted variances in speed of +/- 3 km/h. Both Dorchester Road and Drummond Road carry well over 10,000 vehicles daily. The heavy traffic volumes tend to creates platoons of vehicles causing drivers to travel at consistent speeds. A summary of the data is provided in Appendix D. The comparison of before and after speeds is not scientific to conclude that any change is related only to the presence of the sign. There are a number of plausible factors that may or may not be contributing to a change in operating speeds. There have been some inquiries from residents and organizations about the new sign, with one resident formally submitting an application. In conclusion, given that the majority of sign installations occur on local residential streets and traffic speeds have seen a decrease on local roadways, Staff is recommending that the pilot project become a permanent program. Staff will change the remaining signs, which mostly are on local roads, to the new standard to be consistent throughout the municipality. Page 314 of 377 3 TS-2018-30 December 11, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The sign replacements are to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2019 General Purposes Budget. It is estimated that the cost to replace the 30 signs is approximately $4,000. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENT Report TS-2017-31 – August 22, 2017 Disabled Warning Sign and Tabs Illustration Disabled Warning Sign Poster Traffic Data Summary Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 315 of 377 TS-2017-31 August 22, 2017 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2017-31 Disabled Warning Signs RECOMMENDATION 1. That the new Disabled Traffic Warning Sign with Tab be adopted on a trial basis, and evaluated after a one year period.a 2. That an application process and procedure be developed by staff, to ensure consistency and legitimacy. EXECUTIVE SUMMARY There are no signs designated in the Canadian and Ontario Traffic Manuals for traffic warning signs dealing with disabilities. Currently, the City has a number of worded sign locations that identify hearing, sight and disabled child. Staff have developed a sign that will standardize these situations utilizing a combination of a standardized disability symbol along with a tab identifying the specific disability. As well, a procedure and approval process will be developed to ensure that requests are legitimate and there is the ability to follow-up to determine if the sign is still required (i.e. requester has moved). BACKGROUND Council deferred the report TS-2017-15 at its June 13th 2017 to a future meeting. Staff revisited the original report (attached) and has reviewed the information through various guidelines and organizations that provide direction in transportation areas such as the Ontario Traffic Manuals (OTM) and the Ontario Traffic Committee (OTC) which identified no standardized approach to this type of signing condition. By applying the general practices for signage in the OTM, it is suggested that the development of a standardized sign using the disability symbol, that is universally recognized, along with sign tabs that identify the more specific condition of the individual in the area. This will provide information to the driver as to how to anticipate pedestrians’ reaction to traffic. Page 316 of 377 2 TS-2017-31 August 22, 2017 Signs that are symbolic as a primary message are easier for motorists to identify with while operating the vehicle and can process the information much quicker than reading a sign with a lot of text. It is anticipated that the motorist notices the sign and they can implement a greater level of caution through the identification of the tab that display specific information about the disability. This structure also allows the city to note multiple persons with a disability in the area without increasing the number of signs required. Examples of existing signs used in the City as well as the proposed sign design that is being recommended to Council are illustrated on the attachment.. ANALYSIS/RATIONALE Due to the absence of disability traffic warning styled signs in the Canadian and Ontario Traffic Manuals, staff have taken a made in “Niagara Falls Approach” recommending a trial adoption of a new symbolic traffic sign to warn motorists of various disabilities within certain residential neighbourhoods. The new sign style will be monitored over a one year period with a follow-up report to be presented to Council. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no staffing or legal implications with Staff’s recommendations and a financial implication of $100 per sign location. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Deferred Report TS-2017-15 – June 13, 2017 Proposed Disabled Warning Sign and tabs Illustration Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 317 of 377 DISABLED SIGN APPLICATION Applicant: Address: Telephone: ( ) Personal E-mail: The person(s) the sign is intended for is a Child Adult (18 years of age or older) Sign is intended for: Applicant Child(ren) under the Other primary care of the applicant Does the person(s) the sign is intended for reside at the above address Yes No If not, please identify their permanent address: Disabled signs are intended to warn drivers they are approaching a private residence in Niagara Falls where a person(s) with a permanent disability resides. Please note: 1) The location of sign(s) will be determined through a site review. Generally, one sign will be installed per direction, about 100 metres in advance of the address. 2) You are required to contact the Transportation Services Department if there are any changes that would require the signs to be changed or removed, such as a change in address, etc. 3) City Staff will contact you either by phone or e-mail on an annual basis to verify that the sign is still required for the person(s) residing at the above-noted address. If we do not receive a response from you after three attempts, we will mail or hand deliver a letter to the applicant’s address as a final notice. The sign(s) will be removed if an acknowledgment is not received within 30 days of the date of the letter. 4) Please be advised that the sign has no legal status under the Ontario Highway Traffic Act. By signing and submitting this application, you acknowledge that the sign is informational only and is not to be construed as a device to protect persons from vehicular traffic. 5) Upon a complete application, please allow 6 weeks for the signs to be installed. Applicant’s Signature: Date: Transportation Services 8208 Heartland Forest Road Niagara Falls ON L2H 0L7 Tel: 905-356-7521 ext. 5200 Fax: 905-356-5576 E-mail: tpservices@niagarafalls.ca TO BE COMPLETED BY A HEALTH CARE PROFESSIONAL: City Council approved the installation of signs to warn drivers they are approaching a residence where a person with autism, and/or who have a hearing or visual impairment resides, and who may not be able to recognize approaching traffic. Does your patient have one or more of the following disabilities: Deafness/hearing impairment YES NO Comments: Blindness/visual impairment YES NO Autism YES NO Name: Signature: Date: AUTISTIC PERSON AREA BLIND PERSON AREA DEAF PERSON AREA Page 318 of 377 DISABLED WARNING SIGN PILOT STUDY CITY OF NIAGARA FALLS: TRANSPORTATION SERVICES Disabled Warning Sign Example WHAT IS THE DISABLED WARNING SIGN PILOT STUDY? The City of Niagara Falls is taking a “Made in Niagara Falls” approach to address concerns for individuals with physical, developmental or behavioural issues. The approach includes the installation of a Disabled Warning Sign, a new symbolic traffic sign to warn motorists of various disabilities within residential neighbourhoods. WHAT WILL THE SIGN LOOK LIKE? The Disabled Warning Sign will include the universally recognized Disability Symbol at the top, with tabs identifying the more specific condition(s) of the individual(s) in the area below. WHAT DOES THE STUDY AIM TO ACHIEVE? It is anticipated that the motorist acknowledges the Disabled Warning Sign and will implement a greater level of caution. The Disabled Warning Sign structure also allows the City to note multiple persons with a disability in the area without increasing the number of signs required. The pilot study will be monitored over a one year period. WHO CAN APPLY FOR A DISABLED WARNING SIGN ? The Disabled Warning Sign is available to individuals (child, children and/or an adult) with autism, or who have a visual and/or hearing impairment. There are no costs associated with the sign. Please contact Transportation Services at 905-356-7521 extension 5200 for more information and to request an application form. For more information, please call Transportation Services at 905-356-7521 extension 5200 or visit niagarafalls.ca AUTISTIC PERSON AREA BLIND PERSON AREA DEAF PERSON AREA Page 319 of 377 Road Segment Road Class Before Speeds After Speeds Change Dorchester Road between Isaac Street & Thorold Stone Road Arterial NB – 63 km/h SB – 64 km/h NB – 61 km/h SB – 66 km/h NB – -2 km/h SB – +2 km/h Drummond Road between Skinner Street & Churchill Street Arterial NB – 60 km/h SB – 59 km/h NB – 57 km/h SB – 62 km/h NB – -3 km/h SB – +3 km/h Beaverdams Road between Booth Street & Magnolia Drive Collector EB – 55 km/h WB – 54 km/h EB – 49 km/h WB – 55 km/h EB – -6 km/h WB – +1 km/h McGarry Drive between Greenfield Crescent & Julie Drive Collector EB – 56 km/h WB – 62 km/h EB – 62 km/h* WB – 62 km/h* EB – +6 km/h WB – no change Riall Street between St. Andrew Avenue & St. George Avenue Collector EB – 61 km/h WB – 55 km/h EB – 61 km/h WB – 62 km/h EB – no change WB – +7 km/h Fourth Avenue between Bridge Street & Hamilton Street Local NB – 50 km/h SB – 46 km/h NB – 49 km/h SB – 43 km/h NB – -1 km/h SB – -3 km/h Garden Avenue between Dorchester Road & Brookfield Avenue Local EB – 54 km/h WB – 55 km/h EB – 48 km/h WB – 52 km/h EB – -6 km/h WB – -3 km/h Harper Drive between Valley Way & Marcel Crescent Local EB – 48 km/h WB – 49 km/h EB – 47 km/h WB – 47 km/h EB – -1 km/h WB – -2 km/h Huron Street between St. Lawrence Avenue & Buckley Avenue Local EB – 63 km/h EB – 57 km/h EB – -6 km/h Welland Avenue between Kaumeyer Street & Dock Street Local NB – 55 km/h SB – 56 km/h NB – 57 km/h SB – 55 km/h NB – +2 km/h SB – -1 km/h *Kalar Road south of McLeod Road was closed for reconstruction and McLeod Road was a signed detour route. Drivers may have used McGarry Drive as evidenced by a 43% increase in traffic volumes. Page 320 of 377 TS-2018-31 December 11, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-31 Bus Terminal Lease Agreement RECOMMENDATIONS 1. That the lease with Trentway Wagar Inc. for the sale of bus tickets within the Bus Terminal be approved for two (2) years, with an option to extend the agreement for an additional year. 2. The Mayor and Clerk be authorized to execute the required agreements. EXECUTIVE SUMMARY The sale of bus tickets within the City owned Bus Terminal is performed by Trentway Wagar staff on behalf of Coach Canada, Greyhound Canada, GO Transit/Metrolinx, WEGO, Niagara Region and Niagara Falls transit services. Trentway Wagar has been providing these services within the Bus Terminal since January 1, 2012 and has expressed an interest in continuing with this arrangement for another term. A sub-lease agreement between Tentway Wagar and Greyhound Canada is required to ensure the best interests of the City are maintained amongst these two competitive inter-municipal bus providers. In order for this lease to be valid, Trentway Wagar Inc. must provide the City a fully executed copy of the sub-lease outlining the same conditions as the previous contract. BACKGROUND The sale of bus tickets within the Bus Terminal is performed by Tentway Wagar staff on behalf of the out of town carriers, as well as GO, WEGO, Niagara Region and Niagara Falls transit services. It is certainly a gateway to our community and, as such, needs to provide professional, knowledgeable and courteous service to the thousands of residents and visitors who utilize this Terminal annually. The Downtown Community Improvement Plan and our Transit Revitalization Plan recognize this centre as an important transportation hub. Staff have been working with Trentway Wagar, Greyhound Canada, and GO Transit/Metrolinx staff to keep all the out of town service providers in the Bus Terminal for the benefit of our residents and visitors. Page 321 of 377 2 TS-2018-31 December 11, 2018 Trentway Wagar is the agent representing the interests of multiple transportation providers, which is not unique and is commonplace within other municipalities. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The lease agreement with Trentway Wagar Inc. provides a financial remuneration of approximately $32,000 per year, which represents a 5% per year adjustment over the previous agreement. There are no staffing implications associated with these agreements. The legal implications are captured within the agreements should a party be in breach of the language. CITY’S STRATEGIC COMMITMENT The Transit Service Improvements and Public Consultation process support the City’s 2015 - 2018 Strategic Priorities to make Transit Services an environmentally and convenient choice that connects people to destinations, locally, regionally and provincially. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 322 of 377 1 Teresa Fabbro From:Bill Matson Sent:Wednesday, November 28, 2018 9:34 AM To:Teresa Fabbro Subject:FW: Holiday New Year's Eve Blood Donor Clinic Communications Proclamation Request – Canadian Blood Services. Please contact Tammy Maroudas about supplying us with the wording for the Proclaimation From: Carey Campbell Sent: Thursday, October 25, 2018 1:03 PM To: 'Tammy Maroudas'; Jim Diodati; Emily Cox; Jason MacLean; Bill Matson Cc: Teresa Fabbro; Kristine Elia; Dale Morton; Trent Dark Subject: RE: Holiday New Year's Eve Blood Donor Clinic Hello Tammy: Thank you for your email to Mayor Jim. He would be most happy to help out. In order to carry out your request for a proclamation, I am including City Clerk Bill Matson. We have two City Council Meetings before the clinic so I trust that your request can be brought before Council at one of those two meetings. We can certainly promote the next donor clinic on social media as well as through the City’s Communications Department. I am keying in Emily Cox, here, who is our Communications Officer. If you send us a poster/ flyer, the mayor would be pleased to promote it on his social media as well. In response to your 2 other requests (organizing a City Hall group donation and a “what’s your type” booth info table) I am keying in Jason MacLean in our HR Department. Jason is responsible for City Hall wellness initiatives and would be the best person to speak with regarding this initiative. Thank you so much for reaching out. I trust that you and various staff members will connect on all of the above! Best, carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Tammy Maroudas <Tammy.Maroudas@blood.ca> Sent: Thursday, October 25, 2018 10:44 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Holiday New Year's Eve Blood Donor Clinic Page 323 of 377 2 Hello, congratulations on getting re-elected as Mayor of Niagara Falls. I am reaching out to see if we can have you support our upcoming New Year’s Eve mobile centre. The clinic is running at the Optimist Club on Monday December 31st 10:30 am – 2:30 p.m. Please let me know if you could do any of the following – anything would be appreciated: - Promote the clinic via a proclamation; social media and internal messaging to city staff - Organize a small “City” driven group donation - Hold a City Hall – What’s Your Type booth – free blood typing or information table Looking forward to hearing from you! Tammy Maroudas Territory Manager Donor Relations C 289-929-5596 Tammy.Maroudas@blood.ca blood.ca Together, we are Canada’s lifeline. This e-mail, including any attachments, may contain confidential and privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail, delete this e-mail and destroy any copies. Any dissemination or use of this information by a person other than the intended recipient is unauthorized. Page 324 of 377 1 Teresa Fabbro From:Bill Matson Sent:Wednesday, November 28, 2018 10:06 AM To:Teresa Fabbro Subject:FW: Request for a flag raising and parade for Franco-Ontario day on September 25th, 2019 Communications The French Catholic School Board (Conseil scolaire catholique MonAvenir) is requesting a Flag Raising event for September 25, 2019 to celebrate Franco-Ontarians Day. Recommendation: For Councils Approval From: Sarah Conidi Sent: Friday, November 23, 2018 1:14 PM To: 'Leukam Weledji, Franklin' Cc: Cathy Crabbe; Bill Matson Subject: RE: Request for a flag raising and parade for Franco-Ontario day on September 25th, 2019 Merci, Franklin! I have copied Bill Matson our Acting Clerk and Cathy of our office as well. I trust Bill will provide you with further direction on getting your 2019 flag raising approved by Council. With thanks, Sarah Conidi | Executive Secretary | Offices of the Mayor & CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | sconidi@niagarafalls.ca From: Leukam Weledji, Franklin <fleukam@cscmonavenir.ca> Sent: Friday, November 23, 2018 11:40 AM To: Sarah Conidi <sconidi@niagarafalls.ca> Subject: Request for a flag raising and parade for Franco-Ontario day on September 25th, 2019 Good morning Sarah, I am the Community Liaison Officer for Conseil scolaire catholique MonAvenir (the French Catholic School Board) We are organizing an event for September 25th, 2019 to celebrate a Franco-Ontarians Day. We would like to be in your facilities as previous years from 10am to 12:30pm (The flag raising will be at 11:00 am). The event will bring together students from our schools and the community member, a total of 300 people. Can you please advise me as to how to proceed. Does the city has a special form I should fill? Regards, Franklin Page 325 of 377 2 Franklin Leukam Agent de liaison communautaire 52, rue Pearl Sud Hamilton (ON) L8P 3W8 905.524.2503 poste 71222 / 1.877.646.9091 poste 71222 Cell : 905-870-6582 fleukam@cscmonavenir.ca AVIS IMPORTANT: Les renseignements contenus ou joints à ce courriel sont pour l'usage exclusif du destinataire ou de l'institution à qui ce courriel s'adresse et peuvent contenir des renseignements privilégiés, confidentiels et exempts de divulgation conformément à la Loi sur l'accès à l'information municipale et la protection de la vie privée. Dans l'éventualité que le récepteur du présent courriel n'est pas le destinataire concerné ou la personne autorisée à acheminer le message au destinataire concerné, vous êtes, par la présente, avisé(e), que toute divulgation, diffusion, distribution ou reproduction de la présente communication est strictement interdite. Si vous recevez ce message par erreur, veuillez immédiatement en informer l'expéditeur ou l'expéditrice par courriel et détruire celui-ci ainsi que toutes les pièces jointes qu'il comporte. Merci de votre collaboration. Page 326 of 377 1 Teresa Fabbro From:Bill Matson Sent:Wednesday, November 28, 2018 10:41 AM To:Teresa Fabbro Subject:FW: Council Resolution re Voters' List for Municipal Elections Communications Municipal Voters’ List - The Town of Kearney had concerns over the quality of the recent Municipal Voter’s List and has recently shown their support for a solution to the way that the Voters’ List is created and managed. The Town is requesting similar support from all Ontario municipalities for the re-establishment of the multi-stakeholder working group between the Ministry of Municipal Affairs, Ministry of Finance, AMCTO, MPAC and Elections Ontario. Recommendation: For Council’s consideration and support. From: Cindy Filmore [mailto:cindy.filmore@townofkearney.ca] Sent: Friday, November 23, 2018 1:55 PM To: Conmee; 'Peggy Greco'; admin@township.mckellar.on.ca; tmckenzie@lennox-addinton.on.ca; 'Vicky Goertzen-Cooke'; agilchrist@admastonbromley.com; 'Janet Denkers'; banfione@hbmtwp.ca; rreymer@lucanbiddulph.on.ca; rmordue@blanfordblenheim.ca; townclerk@thebluemountains.ca; clerk@municipalityofbluewater.ca; 'bryan martin'; cdoiron@brighton.ca; fhamilton@brockton.ca; lmartin@town.southbruce.on.ca; egunnell@callander.ca; clerk@papineaucameron.ca; clerk@carlowmayo.ca; clerk@centralhuron.com; 'Chatham-Kent'; psinnamon@chatsworth.ca; cityclerks@barrie.ca; mtmacdonald@city.belleville.on.ca; 'Brampton'; ctouzel@brantford.ca; smacdonald@brockville.com; 'Burlington'; clerks@cambridge.ca; mlevesque@cornwall.ca; 'Debra Kincaid'; 'Lesley Sprague - Elliot Lake'; eric.labelle@greatsudbury.ca; 'Stephen O'Brien'; Janet.Pilon@hamilton.ca; critchie@kawarthalakes.ca; 'Heather Kasprick'; jbolognone@cityofkingston.ca; christine.tarling@kitchener.ca; csaunder@london.ca; 'Markham'; diana.rusnov@mississauga.ca; Bill Matson; karen.mcisaac@cityofnorthbay.ca; gjackson@orillia.ca; abrouwer@oshawa.ca; 'Ottawa'; 'Bloomfield, Briana'; tlapierre@pembroke.ca; jkennedy@peterborough.ca; 'Shields, Debbie'; cityclerk@portcolborne.ca; 'Kevin Heath'; dianne.gould-brown@sarnia.ca; 'Malcolm White'; 'Bonnie Nistico-Dunk'; mkonefal@stthomas.ca; jthomson@stratford.ca; dtreen@temiskamingshores.ca; 'Thorold'; 'Thunder Bay'; steph.palmateer@timmins.ca; ulli.watkiss@toronto.ca; barbara.mcewan@vaughan.ca; olga.smith@waterloo.ca; 'Welland'; vcritchley@cityofwindsor.ca; ahumphries@cityofwoodstock.ca; 'Clarence-Rockland'; agreentree@clarington.net; 'Heather Boyd'; dvanwyck@brucecounty.on.ca; clerk@dufferincounty.ca; 'Julie Gonyou'; mbirch@countyofessex.on.ca; jamini@frontenaccounty.ca; kathie.nunno@grey.ca; mrutter@county.haliurton.on.ca; 'Hastings'; scronin@huroncounty.ca; stephane.thiffeault@county-lambton.on.ca; ldrynan@lanarkcounty.ca; 'Middlesex'; csenior@oxfordcounty.ca; lwolfe@perthcounty.ca; 'Jim Hutton'; john.daly@simcoe.ca; 'Wellington'; 'Township Clerk'; 'Cindy Halcrow'; scasey@dubreilville.ca; asage@northdumfries.ca; bbrunt@southdundas.com; 'Dutton-Dunwich'; ralph.walton@durham.ca; 'Dysart et al'; dmckinstry@twpec.ca; 'Peggy Rouse'; gscharback@westelgin.net; 'Donna Clermont'; monica.hawkins@eatferris.ca; 'Cathy MacMunn'; dplumley@frontenacislands.ca; 'Jessica Gunby'; whunter@georgianbluffs.on.ca; cao@northglengarry.ca; kelli@southglengarry.com; mturner@westgrey.com; mreid@get.on.ca; flamanna@eastgwillimbury.ca; ssheridan@khrtownship.ca; eeichenbaum@haldimandcounty.on.ca; RegionClerk@halton.ca; clerksoffice@centralhastings.com; mgower@algonquinhighlands.ca; rrogers@highlandseast.ca; dnewhook@mindenhills.ca; 'Gail Jaremy Township of Hornepayne'; richard.al@live.ca; 'Huron East'; 'Deborah Tonelli'; 'Township of Cockburn Island'; dmacdougall@kincardine.net; edance@huronkinloss.com; ptodd@notl.org; 'Lake of Bays'; stroyer-boyd@lambtonshores.ca; bpercy@leamington.ca; Lesley.todd@uclg.on.ca; clangley@westlincoln.ca; dachapman@loyalist.ca; cao@greatermadawaska.com; cao@madawaskavalley.ca; 'Central Manitoulin'; 'Pam Cress'; mclarke@mapleton.ca; 'Tonia Bennett'; 'Mattawan'; lwest@mcdougall.ca; 'Cheryl Marshall'; llee@mcnabbraeside.com; msmith@meaford.ca; kway@oro-medonte.ca; dholmes@melancthontownship.ca; jturk@adelaidemetcalfe.on.ca; 'North Middlesex'; smibert@middlesexcentre.on.ca; sstone@mississippimills.ca; earthurs@cavanmonaghan.net; pshipway@bayham.on.ca; 'Lynda Kovacs'; 'Central Elgin'; 'Charlton and Dack'; 'Melanie Bouffard'; 'Carrie Lewis, CMO'; clerk@greyhighlands.ca; cao@hastingshighlands.ca; 'Candy Beauvais'; 'Machin'; 'Roger Labelle'; 'Denis Turcot'; 'Morris- Turnberry'; clerk@neebing.org; 'Wayne Hanchard'; 'Brian Gilmer'; 'Maureen Lang'; christine.goulet@redlake.ca; rhunley@shuniah.org; 'Brian MacKinnon'; jbellchamberglazier@southwestmiddlesex.ca; 'Jérôme Courchesne'; Page 327 of 377 2 bettyg@twp.tweed.on.ca; guillaume.richy@valharty.ca; 'Chris Wray'; gabrielle.lecuyer@greenstone.ca; 'Muskoka Lakes'; sbeckel@greaternapanee.com; 'Cindy Maher'; ann-marie.norio@niagararegion.ca; mducharme@westnipissing.ca; 'Andy G'; jmccaslin@northdundas.com; clerkplanning@northfrontenac.ca; cpominville@northgrencille.on.ca; 'Connie Parent'; clerk@northernbruce.ca; moorej@northumberlandcounty.ca; kathryn.lockyer@peelrgion.ca; 'Stacey Cooper'; cpreston@wetperth.com; 'Lizet Scott'; 'Sally Saunders'; mdaigneault@alfred-plantagenet.com; clerks@pecounty.on.ca; 'Stirling-Rawdon'; 'Kris Fletcher'; 'Mary Ellen Truelove'; linda.white@saugeenshores.ca; 'Mary Lynn'; worr@southfrontenac.net; hscott@osmtownship.ca; loriann@southstormont.ca; mcheiner@afmo.on.ca; gillian.angus- traill@townofws.ca; ftranquilli@strathrou-caradoc.ca; 'McKellar'; 'Glenn Martin'; wjacques@ezt.ca; 'Tay Valley'; 'Margaret Alexander'; jbrizard@nationmun.ca; nicole.cooper@ajax.ca; pparker@amherstburg.ca; mspratt@arnprior.ca; sue.bates@atikokan.ca; mderond@aurora.ca; cao@blackriver-matheson.com; 'Blind River'; 'Bracebridge'; 'Bradford West Gwillimbury'; 'Donna Brunke'; 'Carey deGorter'; 'Duncan Rogers'; dtaylor@cobalt.ca; blarmer@cobourg.ca; alice.mercier@cochraneontario.com; salmas@collingwood.ca; rmcgee@deepriver.ca; lacarte@ntl.sympatico.ca; 'Enniskillen'; 'Paula Roque'; rauger@essex.ca; cschofield@forterie.on.ca; lslomke@fortfrances.ca; jespinosa@georgina.ca; jhallahan@goderich.ca; 'Gore Bay'; 'Grand Valley'; Kayla.Thibeault@gravenhurst.ca; 'Hazel Soady-Easton'; 'Halton Hills'; btocheri@hanover.ca; 'Hawkesbury'; jlecours@hearst.ca; tanya.calleja@huntsville.ca; 'Michael Graves'; lparkin@innisfil.ca; mcleanl@iroquoisfalls.com; Chantal.Guillemette@kapuskasing.ca; 'Jennifer Astrologo'; 'Kirkland Lake'; maryhmasse@gmail.com; aarmstrong@lasalle.ca; 'Latchford'; cao@laurentianhills.ca; cao@marathon.ca; 'Francine Desormeau'; 'Midland'; 'Milton'; 'Minto'; 'Mark Early'; spetten@moosonee.ca; clerks@newmarket.ca; vicki.tytaneck@oakville.ca; 'Susan Greatrix'; 'Jackie Boggs'; 'Pelham'; clerk@perth.ca; dscissons@petawawa.ca; mpearson@petrolia.ca; kcasselman@prescott.ca; jtiboni@tbaytel.net; kbulmer@renfrew.ca; stephen.huycke@richmondhill.ca; jwilloughby@shelburne.ca; kcostello@smithfalls.ca; 'Bruce Penninsula'; 'Pam Lortie'; bkittmer@town.stmarys.on.ca; swhite@tecumseh.ca; 'Robert MacLean'; 'Tillsonburg'; clerk@wasagabeach.com; harrisc@whitby.ca; clerk@gananoque.ca; 'Addington Highlands'; 'Alberton'; rvdm@ahtwp.ca; 'Amaranth'; 'Wendy Whitwell'; amyvickerymenard@armstrong.ca; 'Ashfield-Colborne-Wawanosh'; 'Candice White'; jrody@eastlink.ca; 'Darlene Noonan'; 'Augusta'; 'Karin Bates'; 'Cassandra McGregor'; 'Katherine McDonald'; cao.clerk@bonfieldtownship.org; 'Brethour'; 'Brock'; bbaileyburpeemills@gmail.com; kmcllwain@carling.ca; 'Casey'; 'Calvin Rodgers'; alison.collard@champlain.ca; cswearengen@chapleau.ca; 'Chapple'; 'Linda Ringler'; 'Clearview'; 'Coleman'; 'Julie Oram'; crystal@dourodummer.on.ca; kballance@ear-falls.com; 'Susan Stone'; llalonde@easrhawkesbury.ca; tcampbell@eastperth.ca; bfoster@emo.ca; llehr@essatownship.on.ca; clerk@evanturel.com; d.switzer@faraday.ca; bobc@fauquierstrickland.com; 'Dianne Quinn'; 'Gillies'; ksurerus@hamiltontownship.ca; 'Anita Herd'; 'Hilliard'; 'Hilton'; 'Carol Watson'; 'Chantelle Gascon'; 'James'; 'Janet Boucher'; ruth@johnsontownship.ca; 'Administrator'; kmoyle@king.ca; 'La Vallee'; 'Laird'; vanessa@townshipleeds.on.ca; 'Limerick'; 'Brenda Paul'; mcasavecchia@malahide.ca; 'Margaret Hartling'; bschellenberger@mapleton.ca; deputy@ntl.sympatico.ca; gcoulombe@matticevalcote.ca; 'Sylvie Côté'; 'Jasmin Ralph'; 'Carole Gendron'; 'Teresa Desserre'; kvroom@mulmur.ca; lesliecampbell@nairncentre.ca; lindsaymannila@nipigon.net; 'Beth Morton'; kkruger@norwich.ca; 'O'Connor'; 'Opasatika'; wayne.miller@pelee.ca; 'Karen Landry'; jconnor@ramara.ca; 'Joanne Camiré Laflamme'; clerk@ryersontownship.ca; 'Kim Sloss'; 'Don McArthur'; jnewman@scugog.ca; achittick@nexicom.net; sgoerke@townshipofsevern.com; wkabel@snnf.ca; 'Sue Klatt'; jhyde@southgate.ca; cao@southwold.ca; renee.chaperon@springwater.ca; jbaranek@stclairtownship.ca; atjoeadmin@bellnet.ca; bbrooks@stonemills.com; clerk@strongtownship.ca; agray@tay.ca; cao@terracebay.ca; 'Sue Walton'; clerk@tyendinagatownship.com; 'Uxbridge'; wkolasa@wainfleet.ca; 'A Gubbels'; 'Grace Kosch'; 'Tina Forsyth'; rtremblay@whitewaterregion.ca; 'Wilmot'; 'Wollaston'; vhummel@woolwich.ca; clerk@zorra.on.ca; mweaver@thearchipelago.on.ca; 'Melinda Reith'; 'Lynne Duguay'; vdion@townsrf.ca; yrobert@ektwp.ca; doug.irwin@trenthills.ca; kstevenson@trentlakes.ca; ngladun@shawbiz.ca; MCadieux@prescott-russell.on.ca; hthomson@sdgcounties.ca; dsauriol@lvtownship.ca; 'Burk's Falls'; sdion@casselman.ca; 'Peggy Cramp'; 'Betty Gordon'; 'Oil Springs'; 'Jim Burns'; 'Susan Arnold'; clerk@sundridge.ca; 'Thornloe'; psnider@villageofwestport.ca; across@wainfleet.ca; 'Centre Wellington'; 'Karren Wallace'; 'Clerk'; 'Michelle Hendry'; clerk@nalgonawil.com; ekwarciak@plympton-wyoming.ca; jault@frontofyonge.com; christopher.raynor@york.ca; mmanitfel@blrtownship.ca; gilesp@tbaytel.net; mavis@doriontownship.ca; clerk@tudorandcashel.com Cc: Brenda Fraser Subject: Council Resolution re Voters' List for Municipal Elections Good afternoon, In light of the recent municipal election, the Council of the Corporation of the Town of Kearney passed the following resolution in regard to the creation, maintenance and general quality of the Municipal Voters’ List: Page 328 of 377 3 Resolution # 10.(d)(iii)/21/11/2018 WHEREAS concern over the quality of the Municipal Voters’ List is not a new phenomenon; AND WHEREAS in 2012, the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) published a “Voters’ List Position Paper” and since that time has been advocating for transformational changes to the way that Ontario creates and maintains the Voters’ List for municipal elections; AND WHEREAS the Preliminary List of Electors which forms the Voters’ List in Ontario is supplied by data from the Municipal Property Assessment Corporation (MPAC); AND WHEREAS despite the incremental changes made by MPAC, MPAC has a limited ability to fix the currency and accuracy issues that impairs the current process and the Voters’ List continues to be flawed with data inaccuracies and outdated information; AND WHEREAS a transformational solution to the way that the Voters’ List is created and managed is required; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Kearney supports the re-establishment of the multi-stakeholder working group between the Ministry of Municipal Affairs, Ministry of Finance, AMCTO, MPAC and Elections Ontario in exploring and identifying ways to create and maintain the Voters’ List for Municipal Elections; AND FURTHER Council requests an update be provided from this ‘Voters’ List Working Group’ on the transformational solutions being discussed; AND FURTHER that this resolution be circulated to all Ontario Municipalities for their consideration and support. CARRIED We hope that this resolution will be of interest to your Municipality, and that you will support this endeavour moving forward. Sincerely, Cindy Filmore Senior Office Assistant Town of Kearney Ph# (705) 636-7752 Fax (705) 636-0527 Page 329 of 377 1 Teresa Fabbro From:Bill Matson Sent:Wednesday, November 28, 2018 9:54 AM To:Teresa Fabbro Subject:FW: ATTN: Mayor Diodati....re: Niagara Falls and Indigenous Transit Ad campaign Attachments:AAR-Niagara Falls.pdf; GRAHAM2.jpg; VancouverBillboard2017.jpg Communications: Artists Against Racism is requesting funding for their National Indigenous Billboard and Bus Shelter advertising campaign and Public Service Announcements. Recommendation: Refer to Staff From: Carla Stout Sent: Friday, November 23, 2018 9:24 AM To: 'aarcharity@gmail.com' Cc: Kathy Forlin; Karl Dren; Bill Matson Subject: FW: ATTN: Mayor Diodati....re: Niagara Falls and Indigenous Transit Ad campaign Good morning Lisa, Thank you for discussing your request with me and clarifying Transit’s role. I understand Pattison Outdoor Advertising has entered into an agreement with you, separate from the City of Niagara Falls, to place your posters in and around Niagara Falls. In reviewing the content, of which we do have some say under our agreement, I see no issue. Further our transit shelter revenues would be unaffected. Ultimately it would be our City Council that would approve any funding to generate your posters for this campaign, as such I am providing this response to our Clerks office. Any budget request would be coordinated by Mr. Matson and his team. I wish your organization every success with your campaign. Regards, Carla Stout Carla Stout, DPA | Manager of Transit Operations | Transportation Services | City of Niagara Falls 8208 Heartland Forest Road | Niagara Falls, ON L2H 0L7 | (905) 356-7521 ext 4531 | Fax 905-356-5576 | cstout@niagarafalls.ca From: Carey Campbell Sent: Wednesday, November 21, 2018 10:10 AM To: 'artistsagainstracism'; Bill Matson Cc: Kathy Moldenhauer; Karl Dren Subject: RE: ATTN: Mayor Diodati....re: Niagara Falls and Indigenous Transit Ad campaign Hi Lisa: Bill Matson can put your request before Council, but it won’t come before Council without some context.. therefore, best to speak with Kathy M. and Karl Dren beforehand to give them some context and get their support. Page 330 of 377 2 Carey From: artistsagainstracism <aarcharity@gmail.com> Sent: Tuesday, November 20, 2018 4:58 PM To: Carey Campbell <ccampbell@niagarafalls.ca> Subject: Re: ATTN: Mayor Diodati....re: Niagara Falls and Indigenous Transit Ad campaign Hi Carey, Thanks so much for your quick reply! Since we don't need anything donated other than funding for the bus shelter space for our PSAs that we described in the letter and in our two choices of budgets, please tell us how to proceed so that we don't email the wrong people and confuse them!! Attached is one of our Indigenous artworks that will be used for the bus shelter posters. Thanks again, All the best, Lisa From: Carey Campbell Sent: Monday, November 19, 2018 12:41 PM To: 'artistsagainstracism'; Karl Dren; Kathy Moldenhauer; Clark Bernat Cc: Bill Matson Subject: RE: ATTN: Mayor Diodati....re: Niagara Falls and Indigenous Transit Ad campaign Dear Lisa: Many thanks for your detailed email to Mayor Diodati and your clear passion for this project. The mayor asked that I connect you to some key folks at the City who might be able to help with the preliminary steps and point you in the right direction. Ultimately, if you are looking for donated space/ items in the City, that request will need to come before City Council. The Acting City Clerk, Bill Matson is included here in order to help facilitate that request. However, prior to that, you may want to connect with some City Staff who can share information about partnering and opportunities. Director of Recreation and Culture, Kathy Moldenhauer is included here, as well as Clark Bernat in her area, who is the Manager of Museums. As well, Karl Dren, Director of Transportation is copied. I trust that they may have some information for you or might want to talk further with you before you proceed. Thank you again for bringing this important project to our attention and including our community in the opportunity. Best, carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: artistsagainstracism <aarcharity@gmail.com> Sent: Friday, November 16, 2018 4:37 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: ATTN: Mayor Diodati....re: Niagara Falls and Indigenous Transit Ad campaign Dear Mayor Diodati: Page 331 of 377 3 “This is all I want to do, nothing else really matters to me,” said Gord Downie, regarding his dedication to the Indigenous cause in his final year of life. Late last year, as we were wondering how we could help keep Gord Downie’s dream alive, our charity had an epiphany: Why not do a massive billboard campaign across the country where Indigenous people address major issues such as Truth and Reconciliation through their own art. In Gord’s honour, and in honour of the Indigenous Peoples he tirelessly strived to help, we will be launching EAGLES RISING—a National Indigenous Billboard and Bus Shelter Campaign with artwork created by Buffy Sainte-Marie, Maxine Noel, Roy Henry Vickers, Norval Morrisseau and dozens more top Indigenous artists, next spring. Pattison Outdoor is donating digital billboard space nationwide, Astral Media is generously donating bus shelter ad space across Ontario and Quebec, and thousands of dollars in artwork licensing have been donated by the artists, but there is one thing left that we need to make this campaign a reality… The funds to print dozens of posters for billboards and bus shelters across NIAGARA FALLS are what are needed. While we have a couple spots in NIAGARA FALLS we could use dozens more. If you are interested in helping your city be a large part of this historic campaign, and making it a reality, we can send you a budget to show you how you can help the dozens of Indigenous artists take their powerful messages in bus shelters right across your city. THE CITY OF NIAGARA FALLS logo will go on the bottom of these posters in thanks, and the city will also be in all of our press releases and media interviews. We look forward to hearing from you in the next few days or at your earliest convenience and have attached images of a billboard spot from last year, and one of the ones for this year's bus shelters (by Roy Henry Vickers). Plus our basic budget for NIAGARA FALLS with two budget choices, though we can work with you to choose another. All the very best, Lisa Cherniak Exec. Director Page 332 of 377 4 Artists Against Racism www.artistsagainstracism.org 416-787-LOVE (Office) 647-782-5483 (Cell) Artists Against Racism is a world-renowned charity which reaches out to youth worldwide, and is a proud winner of The Global Tolerance Award. Now in its 22nd year, AAR has a diverse member roster which includes Matchbox 20, Buffy Sainte-Marie, Hootie and the Blowfish, Graham Greene, Tantoo Cardinal, RUSH, Bush, Serena Ryder, Aerosmith, Natalie Merchant, Sarah McLachlan, Margaret Atwood, Lenny Kravitz, Andrea Martin, Keifer Sutherland, Norman Jewison, Phil Collins, Mike Myers, Atom Egoyan, Sarah Polley, Blue Rodeo, Tatiana Maslany, Chantal Kreviazuk, Dan Aykroyd, Randy Bachman, Great Big Sea, Prozzak, Mike Turner, Mathew Sweet, Paula Cole, Brent Carver, Jann Arden, Drew Hayden Taylor,The Tragically Hip and many more. Twitter and Instagram: @aarcharity Facebook: @aarcharityintl Page 333 of 377 oumooia Aovsmswz; Page 334 of 377 Page 335 of 377 Page 336 of 377 Page 337 of 377 Page 338 of 377 Page 339 of 377 Page 340 of 377 Page 341 of 377 1 Bill Matson From:Bill Matson Sent:Wednesday, November 28, 2018 9:39 AM To:Teresa Fabbro Subject:FW: Meals on Wheels Communication – Meals on Wheels is requesting a funding request of $1000 to be used for their 50th Anniversary celebration dinner for volunteers. Recommendation: Refer to Staff From: Dennis Milani [mailto:dmilani1@cogeco.ca] Sent: Tuesday, November 13, 2018 9:05 AM To: Bill Matson Subject: Re: Meals on Wheels Hi Bill further to your e- mail. This isn’t a fund raising dinner. We put on one of these dinners every year as a thank you to our many volunteers. This year being out 50 th anniversary we just wanted to make it a little nicer as a celebration. The money comes out of our budget. Being a non profit we always run very close to the budget line- normally. We just thought that if there were any funds available- even $1000.00 we could do a little extra for the volunteers that night without dipping into our reserves. Thanks again Dennis Sent from my iPhone On Nov 12, 2018, at 3:42 PM, Bill Matson <billmatson@niagarafalls.ca> wrote: Dennis, Thank you for reaching out to me regarding the Meals on Wheels service. I’m not aware of any grants that would help you specifically. I might suggest though that when it comes time to promote your dinner/banquet that you let me know and I could list that on our Council agenda if you would be looking to try and promote the event or even sell tickets. Council may also at that time consider purchasing tickets or making a donation in lieu of. Bill Matson | Acting City Clerk / Manager of Clerks Services | Clerks | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: D MILANI [mailto:dmilani1@cogeco.ca] Sent: Friday, November 09, 2018 9:56 AM To: Bill Matson Cc: Mike Strange Hotmail Subject: Meals on Wheels Hi Bill I was given your contact info by Mike Strange. I work with Mike and had asked if he could point me in the right direction re some funding. I am on the Board of Directors of Meals on Wheels-- I also volunteer my time as a delivery person. I am sure you are some what familiar with MOW. We are a non profit entity providing delivery of meals to mostly senior citizens. Our clients are also younger people that may be unable to provide their own meals either because of some traumatic accident or some debilitating disease. Our organization goes beyond just meal Page 342 of 377 2 delivery, we also preform wellness checks when we are delivering meals. This coming year - 2019 will be the 50th Anniversary of MOW. Every year we have dinner/banquet to thank our volunteers for their commitment to our cause- all our meals are delivered by volunteers. We would like to do a little something special this year as a thank you and also to celebrate our 50th Anniversary. Being a non profit we run a very tight ship budget wise. The question I had for Mike was if there would be any type of funding through the city to aid us in this endeavour. Any help in this matter would be greatly appreciated. Thanks Dennis -- Dennis Milani Sales Representative Masterson Realty Ltd.-Brokerage Cell:905-371-4372 Fax:905-358-4635 dmilani1@cogeco.ca Page 343 of 377 November 28, 2018 Jennifer Stevens, MPP-St. Catharines Jeff Burch, MPP-Niagara Centre Wayne Gates, MPP-Niagara Falls Sam Oosterhoff, MPP-Niagara West Ann-Marie Norio, Regional Clerk, Niagara Region Niagara Local Area Municipalities Re: Appointment of Supervisors for Conservation Authorities Our File No. 35.11.2 At its meeting held on November 26, 2018,St. Catharines City Council approved the following motion: That we urge the Province to create the ability for the Ministry to appoint a Supervisor for Conservation authorities; and That Regional Council appoint an interim Board of Directors until all citizen appointments have been made for the NPCA at the first meeting of the new term of Regional Council; and That the new board look at the NPCA Foundation as per the comment of the Auditor General; and Further, that all Niagara municipalities and MPPs, the Ministry of Natural Resources, the Auditor General and the Premier be informed. FORTHWITH 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: Premier Doug Ford Ministry of Natural Resources and Forestry Office of the Auditor General of Ontario Niagara Peninsula Conservation Authority Page 344 of 377 Teresa Fabbro From:BillMatson Sent: To: Cc‘ Subject: Teresa, Monday,December 03,2018 11:44 AM Teresa Fabbro Alex Herlovitch FW:Thundering Waters Wetlands Please list this email as a Communication item on the December 11”‘agenda. Recommendation:For the Information of Council. Bill From:Carey Campbetl Sent:Monday,December 03,2018 10:51 AM To:Bil!Matson Cc:Atex Herlovitch Subject:FW:Thundering Waters Wetlands Bill: mri|’c a-nu vtvtau .;\..-u.-.v uuuy-.n uuu :vu.uu.n.u.a wt vvvuuuun ‘a\-|K\-allrb xv yum Iv:\.\.n.uu.u .u \..uu.nus.u-.u.:u: Thankyou. carey From:Michaei Foiemsbee <gguymike@hotmaiI.com> Sent:Monday,December 3,2018 9:25 AM To:Jim Diodati <idiodati@niagarafaiEs.ca>;Caroiynn Ioannoni <ioannoni@niagarafaHs.ca>;CounciEMembers <munniImemhers(d)ni.=marafa||s.ca> ...._.,_.....n_..... Subject:Thundering Waters Wetlands Dear Mayor,City Council i am disheartened and sad to learn of the damage done to Thundering Waters Wetlands.I am asking that t'\I u‘.-..,..u.}I.-.kb-.J-p.I,A.n (‘I73 -..—...-\n;\,.Il...~‘|r\;\ UVUIy dvdlldulc IIICGDUIU UU ldr\UIl LU §lUp \Jl'\kudli IEUIII pluuccumg dl LIIU I llulludllllg VVdlUl6 l'UIU'c5l.WUu‘c1ltU complex. I am requesting a suspension of any and all permits and approvals for the Riverfront Community and Thundering Waters Forest project.i understand that this project is under appeal but even if it is found that its approval is not in contravention of the official plan of the City of Niagara Falls,it is only supposed to proceed under the strictest protections.These protections have been blatantly ignored as is evidenced by the extensive and irreparable damage that has been illegally done to sensitive and protected wetlands at this site. The Mayor and Council have always maintained that they reflect the values of and are the voice of all citizens of Niagara Falls not just those that align with their own business and political views.in doing so they have a responsibility to protect the history,heritage And natural beauty of Niagara Falls for everyone. 1 Page 345 of 377 Additionally Council has repeatedly assured our community that until all the requirements set out in the plan and under Provincial law are met,no activity of any kind may begin.This has not happened and a portion of these wetlands have already been damaged. (‘.i‘r\/Miqnnrq Fnllq {hie qnrinnelu m........l.-..-v.....u ....nun]v.yum Ialwvusntl uuuu uuv vs»,wvwuuvuu vu nvuuuuum n uuuu L\.Al\\J uuu IIIuI|.1\.Ik vvllvuulj uuuunonourtheirwordsthroughactionandundertakeeverymeasuretoguaranteetheprotectionofthese provincially significant wetlands without further delay and before further damage is done. Please acknowledge receipt of this correspondence and indicate when I could expect a reply. Respectfully, Fnlnmqhpo n n l\.ar.J\J\J Niagara Falis,Ontario Get Outlook for Android Page 346 of 377 Teresa Fabbro From:Clerk Sent:Thursday,December 06,2018 10:44 AM To‘Teresa Fabbro Subject:FW:Thundering Waters Forest Complex Teresa, Thundering Waters, Bill From:AlexHerlovitch Sent:Monday,December 03,2018 9:51 AM To:Caroiynn Ioannoni iPhone Account;Karl Dockstader Cc:Jim Diodati;CouncilMembers;Clerk;planning@niagarfaiIs.ca;Carolynn Ioannoni;chris@chrisdabrowski.com; lori@lorilococo.com;Wayne Campbell;Victor Pietrangelo;Mike Strange;Wayne Thomson FallviewAccount;Vince Kerrio; karl@1dish1mic.com karl@1dish1mic.com;cbarnett@os!er.com;John Barnsley;Alex Herlovitch;Ken Todd Subject:RE:Thundering Waters Forest Complex Hello Carolynn As you know the NPCA has issued notice of violation under the Ontario Regulations of f\_.___._.._J.2-.-A._.f.I__._!L!__A_L _I_ U16 KJORSGFVGIIOH I-\UU10l'|1I|eS MCI.I ne CIGVGIOPGFH88 peen Of'C1e|'eG HOT IO C10 any further work on the site.The deveioper is to work with the Conservation Authority to remediate. What do you mean “reconsider the conditions”?Council adopted the Riverfront Community Plan (OPA 128 under appeal)which provides policy to direct how -nay-up-1\\nn§n rJt\\AA‘\lI\v\1\Ir-;r\ G|J[JIIL:CILI\JI IO VVIII HI uuccu,IIU UCVUIUPI I ICI IL GVPIUVGID VVCI C HIVCI I.INC UCVCILJIJUI ID currently working on applications to be submitted for subdivision/condominium/zoning in the near future. Alex Aiex Herlovitch |Director of Planning,Building &Development |City of Niagara Falis 4310 Queen Street ;Niagara Fans,ON L2E 6x5 |(90’5}356—7521'ext4231’1 Fax905-1:56-2354|aher|ovitch@niagarafal|s.ca Ffdm:CérolynhIoa?noni[mailto:caroIynnioannoni@me.com] Sent:Monday,December 3,2018 9:10 AM To:KariDockstader Cc:Jim Diodati;Council!‘/lembers;Clerk;Alex Herlovitch;planning@niagarfalls.ca;Carolynn Ioannoni; chris@chrisdabrowski.com;lori@iorilococo.com;Wayne Campbell;Victor Pietrangelo;Mike Strange;Wayne Thomson FallviewAccount;Vince Kerrio;karl@1dish1mic.com kar|@1dish1mic.com Subject:Re:Thundering Waters Forest Complex Page 347 of 377 Karl Thank you for your email.I totaliy agree with you.With this severe breach the developer has shown us just exactly how much they care about savlng the wetlands.1 hey have not complied to the rules right out OI the gate,which does not bode well for the rest of the project should the appeal lose. Alex,I will be raising this issue at council on the 11th,is it possible for the city to reconsider as the conditions were broken? Thanks Carolynn On Dec 3,2018,at 12:20 AM,Karl Dockstader‘>Wrote: Karl Dockstader Niagara Falls,ON’,L2E 2A4 December 4*,2018 Mayor Jim Diodati & City Council City of Niagara Falls 4310 Queen Street,PO Box 1023 Niagara Falis,Ontario,L2E 6X5 Re:Thundering Waters Forest Dear City Councii, .-u..-..-..-...»-;\4-{-an Thrun?nrinn uuailan? r:.vv::Iy Illlzidbulc Iiccua LU UC tancn LU ctup \.'JI\val!IIUIII plubccuilig aL ulc IIIuIIuc;4ni\_.5 vvcucia I Luca;vvcucanu complex. I am requesting a suspension of any and ail permits and approvals for the Riverfront Community and Thundering Waters Forest project.This project is under appeal but even if it is found that its approval is not in contravention of the official plan of the City of Niagara Fails,it is supposed to proceed only under the strictest protections.These protections have not been observed as is evidenced by the extensive and irreparable damage that has been illegally done to sensitive and protected wetlands. The Mayor and Council have always maintained that they reflect the values of Niagarans and seek to maintain the rich natural heritage of the City. Additionally Council has repeatedly assured our community that until all the requirements set out in the plan and under Provincial law are met,no activity of any kind may begin. (‘H-u (‘Aunt-nil !dlil Icqucaulig LIICIL IVI¢:lyUI ullll LJIUUGLI Gnu LIIG uuy \I\JLAIl\.aII UI avlcudcllu I also iluuvui uiuu vvviuo uuuugn uvuvu and undertake every measure to guarantee the protection of these rich lands. Please acknowledge receipt of this correspondence and indicate when I could expect an official reply. 2 Page 348 of 377 Respectfuliy, Karl L)0CKSIaCleI' |\Iian2ra Falls Page 349 of 377 1 Bill Matson From:Derek Jones <derekj@vaxxine.com> Sent:Friday, December 07, 2018 3:10 PM To:Clerk Subject:Request to add letter to Dec 11 agenda Hello Mr. Matson, please add the following letter to the Dec 11 Council agenda, under 9.6. Thundering Waters - Email correspondence, For the Information of Council I had originally addressed this letter to Council and related City Depts. a few days ago, but forgot to formally request that it be added to the agenda. Please add it and distribute copies to Council. Thank you, Derek Jones ------------------- Re: Violation - Indiscriminate Massive Tree Damage and Protected habitat loss at Thundering Waters Forest Sorry, this is absolutely NOT what was approved at Council. This is an absolute betrayal to our community and to Niagara's Natural heritage. Where is the City's official response on this Developer's egregious violation? Last week it was revealed that this Developer used thinly veiled threats and challenged Niagara Falls City politicians to clear all obstacles out of the way for this development. This, while the project is still under appeal. In a response letter, the Developer completely failed to address this serious violation, and appear to be asking local politicians for support and to look the other way. They are asking our community to ignore substantial damage done to our Environment, and rather than humbly apologizing for what is an outrageous violation, they are instead electing to push back in the face of being caught illegally violating our laws. They are asking all of us to ignore their blatant pressure tactics, "some potential investors pulling out their investments when they see the current situation" and "please create a friendly investment environment for all investors". Exactly what "current situation" is the Developer referring to in that statement? Their errant bulldozers destroying protected habitat? Because that is the "current situation", and it's very hard to ignore. The Developer seems to overlook the fact that I, and many others like me have been investors in this community long before foreign investors came to this land to damage and irreversibly alter our Environment for the worse. More than just investors, we care about our community AND our natural heritage. What is the message we are sending out to our children here? Think about this for a moment. The Developer's suggestion that "some potential investors pulling out their investments" does not even make logical sense. Exactly how can a "potential" investor pull out investments they haven't even made? How much baloney can you fit on a sandwich? How much more wool are we going to allow to be pulled over our eyes? We were asked to trust the process, trust the Developer, and that trust has now been taken advantage of, violated, and dissolved. For all those wondering why there has been so much public scrutiny and opposition over this deeply flawed project, now you should understand why. The Developer has made a staggering error in judgement by proceeding without permission to commit massive site alteration on protected habitat. Catastrophic indiscriminate damage and a clear indisputable Page 350 of 377 2 violation. I know the area very well. The damage looks disgusting, and is frankly horrific. Is this the same Developer that on multiple occasions promised to respect OUR lands? Who promised not to touch any wetlands? Look at all of the disgraceful damage done already, and it hasn't officially even started. What is to come? How many more egregious errors in judgement and violations will City politicians be asked to turn a blind eye to? Fortunately, the public is not blind. It's important to note that this serious violation coincidentally comes at a time while the NPCA is in major transition, and likely not able to properly monitor, or effectively use their authority to enforce our laws to their fullest capacity. The outgoing NPCA board is currently in a lame duck session, so I believe it is absolutely necessary and prudent to hold off for the next chosen board to make any formal decisions about this violation. A decision on this violation should not be rushed or downplayed, so as to properly determine the extent and significant scope of the damage. This is NOT minor damage. Ask any independent expert. The NPCA should take the appropriate time to properly evaluate the damage directly caused by the Developer, and only then determine appropriate penalties. Any rush to judgement should not come from the current lame duck board especially with certain board members potentially seeking to act in conflict. The NPCA's Board of Directors held an unscheduled emergency meeting this past Monday, December 3rd. Was this violation discussed behind closed doors? This all leads to an important point. Jim Diodati needs to declare a conflict of interest and resign from his role at the NPCA effective immediately. He should have no say in matters of penalties imposed by the NPCA (or lack thereof) on the Developer relating to protected (according to provincial laws) habitat loss incidents at Thundering Waters Forest. None whatsoever. Formal recusal should have happened long ago. Serving a dual role as Mayor and long-time proponent for the Developer, and a simultaneously conflicting board position on the Conservation authority, one whose primary mandate is to conserve and enforce Environmental violations, is a major conflict of interests. I'm hardly the first to recognize or say this. The result is that we currently we see a conflicted Mayor "Conserving" rights for the developer, against the public's wishes, against the community's best interests, and against the NPCA's own core mandate. This failure has resulted in significant and indiscriminate destruction all along the South Forest canopy - and no, they weren't all previously damaged ash trees, so that excuse is off the table. This major violation should be fully enforced. No pathetic slaps on the wrist that do nothing to curb future abuse and damage to an important threatened ecosystem. There should be serious relevant fines and penalties that are meant to DETER this careless heinous offense. Deliberate and decisive action is required and expected. A deterrent designed to protect and respect our Environment. As promised! Otherwise, what does the "Authority" in "NPCA" stand for? Significant fines should be laid based on scope of damage, incl. the number of trees damaged or outright terminated. Realistically, thousands of trees in various stages of growth have all been bulldozed to smithereens. Why is the City of Niagara Falls completely silent on this? This is outrageous. We still have not heard the exact reason for this damage. Why did this happen? It's a violation. Does the City want to know? The public does. What are the results of the full investigation of this violation? When will that report be released to the public? It is absolutely expected that results of this investigation will be made public. What is the methodology being employed to determine penalties for this offensive violation? Page 351 of 377 3 The lack of any official response makes our City look entirely weak in the face of this egregious offense, and sends the wrong message to both the community and to other Developers. The Environmental concerns here trump any potential economic gain. Serious rules have been broken, and cannot be ignored or tolerated. The only appropriate comment I have heard from any City official on this violation has come from a good source, City of Niagara Falls Director of Planning, Alex Herlovitch, who recently stated... "The Statement on Site Clearing issued by GR Can (the Developer) does not provide sufficient defence nor does it excuse the company from action being taken by the NPCA. It is my personal opinion that the words and actions of GR Can have likely harmed the company in ways I cannot even begin to measure." I agree totally. Also remember that the City of Niagara Falls has a policy often uttered by Mayor Diodati that says for every tree removed, they will replace with two or three, in order to preserve the City's tree canopy. That is a good policy. Now count the significant number of trees already destroyed as a result of this violation and do the math. Where exactly will all these replacement trees be planted? And when? And exactly who pays the costs for all of this? Is it really wise to cut down thousands of trees, then pay a premium to replace them in some undisclosed location? The City's tree replacement policy is in full effect here for every tree removed at Thundering Waters Forest - I hope you understand this represents millions of trees. Again, do the math, and start planning how, where and when all of those replacement trees will be relocated. How will the City's policy be implemented with regards to Thundering Waters? There can be no exceptions to the policy for any canopy loss throughout the City, including the entire Niagara Falls Slough Forest (Thundering Waters Forest Complex). It is my hope that our political leaders have the best interests of the community as their first priority, and not the interests of a foreign entity that has been caught violating our land and our laws. There is an upcoming Council meeting on Dec. 11th, I call upon the City to require the Developer to appear at this Council meeting in order to deliver a formal public apology before Council to the residents of this City, and to formally pledge an absolute and comprehensive commitment that they will abide by the rules, remediate and accept fair penalties for all damage done, after the incoming NPCA board convenes and initiates a thorough and independent investigation, without any conflicting direction from the current lame duck board. If the Developer is unable or unwilling to issue an appropriate public apology and make a firm commitment to abide by the laws of our land before Council, the project should be completely halted and the Developer should be sent packing. I am far from alone in stating that this type of egregious violation of Niagara's natural heritage is completely unacceptable. No Developer should ever be allowed to get away with neglectfully damaging protected habitats, and demonstrating such low standards, especially at the outset of an already unwelcome and deeply flawed project. Not in this country, not in this century. Again, this is NOT what was approved at Council. I firmly believe it's in our City's best interests to hold this Developer accountable. This is not a simple "mistake". It is a serious betrayal to our community and to everyone who stands to protect what's left of Niagara's threatened natural heritage. Sincerely, Derek Jones Resident, Niagara Falls, ON Page 352 of 377 To: City Council via City Clerk For: Inclusion in Agenda ... City Council Meeting of December 11, 2018 Item 9.6: Thundering Waters correspondence FROM: Linda Manson DATE: December 10, 2018 RE: GR (CAN) violation under ON REG 155/06 (destruction of PSWs) per NPCA enforcement The late, great, poet, singer and civil rights activist Maya Angelou, warned us: “When someone shows you who they are, believe them the first time.” GR (CAN)’s response to its first violation under ON REG 155/06 (destruction of PSWs) clearly shows us who they are: A developer who sees themselves as a victim — who will defiantly deny wrong-doing in the face of reality when confronted with factual proof, seek political intervention to solve problems they create, and offer outdated /altered maps not approved under OPA 128 as evidence. GR (CAN)’s Statement on the Site Clearing for Bore Holes f or the Purpose of Geotechnical Survey tells us: “The project was provided with an approval schedule by government authority in September 2016, but so far it has not been officially approved as now, and it can not be really started.... We are still stuck with this project, even though there are some potential investors pulling out their investments when they see the current situation.... We cordially request the government and members of council to help us solve the problems, to respect the law, to protect our investors from being further harmed, to give us confidence to continue this development.” Attached to that Statement (as evidence they did nothing wrong) were maps with [names] and content that tell us much. [4 OPA 81 Original map]: Dated April 2008 (a decade ago, 7 years before GR CAN even purchased the property) substantiates FACT that they bulldozed EPA (PSWs) along Chippawa Parkway even by this outdated map — prior to additional PSWs verified in the 2010 and 2016 MNRF wetland evaluations. (Page 1 of 3) ... Page 353 of 377 [5 OPA 81 W etlands Relocation m ap (simulation)]: Shows consideration of relocating wetlands by Council based on recommendations and PSW assessments of the day (2008). However, the original map has obviously been altered. “DOUGAN ASSOCIATE, MNRF, NPCA CONFIRMED EXISTING WETLAND BOUNDARY 2016/05/06” (in the upper right corner) substantiates a resurfacing of that decade-old plan (now known as biodiversity offsetting) at least a year after GR (CAN) purchased the property. Missing from this map? Further PSWs identified in the fall of 2016 by MNRF and protected as Environmental Protection Area within Riverfront Community Plan (OPA 128) adopted by Council and currently before LPAT. Why are outdated PSW maps being used by GR (CAN) to justify their bulldozing paths? Why/when was this map altered? Why does GR (CAN) still deny there were ever any biodiversity offsetting plans? [6 Road Planned throug h wetlands in previous planning map]: Although dated Aug 10, 2018 12:37pm in lower left corner, this is not the road pattern approved by Council in the Riverfront Community Plan. Upper right dates it as October 6, 2015. Planning ventures to say the red dashed lines (identified as ‘Future Road’) seem to reflect unopened road allowances from an original concession mapping for Stamford Township — decades ago. Why was this map submitted by GR (CAN) in response to NPCA’s serving of a violation notice under ON REG 155/06 (destruction of PSWs)? Also attached to that Statement (as evidence they did nothing wrong) were the following: [1 Drafted Bore Hole Location m ap] and [2 revised and approved final map by NPCA and Savanta] (both dated Aug 22, 2018) showing 2 phases of approved bore hole drilling sites. [3 NPCA’s confirmation of clearing]: Gives NPCA approval of locations for planned bore holes without any identification of access road grid that would be used; mentions woodlands only, not PSWs, EPA lands or endangered species habitat locations; includes these warnings: “While the areas selected are technically not subject to the Tree and Forest Conservation By-law because they do not meet the definition of woodland container therein, we highly recommend that your client keep tree removal to an absolute minimum. — David Deluce, Manager, Plan Review & Regulations, NPCA “I would request the operators of the drilling equipment attempt to minimize the access trails to get to each borehole site.” — Dan Drennan, Forester, NPCA (Page 2 of 3) ... Page 354 of 377 Conservation Authorities have sole jurisdiction and responsibility under the Conservation Authorities Act (CAA) to enforce regulations pertaining to interference with wetlands in Ontario. The NPCA had to approve the locations of the boreholes and provided authorization for this work to occur. Authorization was granted on the basis that minimal cutting would be needed. The NPCA issued its Notice of Violation on the basis that the cutting extended beyond the approvals — into PSW areas. Bore hole location map(s) clearly show vast distance between bore sites along Chippawa Pkwy. So why were they not accessed individually from the road to obey NPCA instructions? How could the PSW damage be a case of ‘veering off course’ when no course was set? Why was there absolutely no on-site supervision (NPCA / City) or at least periodic inspection? PSWs are protected under the Environmental Bill of Rights. One can only imagine the interior damage that has been done — given what is visible. Interior damage can’t be seen — without trespassing. Aerial video by drone (illegal without permission) is the only way to assess the ‘bulldozed roadway grid’ damage in context. What is council willing to do? What next? Council’s approval of the Riverfront Community Plan (private OPA 128) is currently under LPAT Appeal — yet Alex Herlovitch has stated: “The developer is currently working on applications to be submitted for subdivision/condominium/zoning in the near future.” Near future? How could anything be progressing? John Bacher’s preliminary LPAT Case Management Conference is scheduled for March 6, 2019. Subsequent hearing(s) and decisions may take months beyond that ... Clearly, no applications should be accepted as complete by planning ... until a decision is made. Will council order this? OPA 128 incorporates an extensive list of studies, reports, permits ... constituting ‘conditions’ which must be met at various stages— if/as the project proceeds. GR Can has already committed a serious breach — at the testing stage. What next? Those of us opposed to this development have repeatedly expressed concern that ongoing vigilance would be necessary — based on plans and promotional materials we have seen. GR (CAN) has now “shown us who they are” in their response to this ‘first time’ violation ... I ask you to heed Maya Angelou’s warning. Linda Manson (Page 3 of 3 ... //) Page 355 of 377 .:a.... Page 356 of 377 Page 357 of 377 The City of Niagara Falls, Ontario Resolution Moved by: Seconded by WHEREAS subsection 51(45) of the Planning Act, 1990 R.S.O requires a written notice of a change made to the conditions of approval of a plan of condominium by an approval authority; and WHEREAS notwithstanding the requirement for the written notice for a change to the conditions of approval of a plan of condominium, subsection 51(47) of the Planning Act , 1990 R.S.O allows a municipality to deem such requested changes minor by passing a resolution; and WHEREAS Imagine Townhomes GP Inc. requested Council consider passing a resolution that would deem the change to the conditions of approval of the Plan of Vacant Land Condominium for 8273 Tulip Tree Drive (26CD-11-2018-006), hereinafter known as “plan of condominium”, minor and not require circulation of a written notice; and WHEREAS Council determined that the proposed change to the conditions of approval of the plan of condominium would permit Imagine Townhomes GP Inc. to reduce the number of condominium units from 37 to 36. 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 plan of condominium minor and exempts the requirement for circulating a written notice. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI ACTING CITY CLERK MAYOR Page 358 of 377 The City of Niagara Falls, Ontario Resolution December 11, 2018 Moved by: Seconded by: WHEREAS By-law 2000-097 of the City of Niagara Falls states that the Council authorizes Niagara Falls Hydro Holding Corporation be incorporated under the Business Corporations Act; and WHEREAS the Corporation shall be managed by the Board which shall consist of nine (9) directors to be selected by the Shareholder; and WHEREAS “Shareholder” means the Corporation of the City of Niagara Falls; and WHEREAS the Shareholder shall, by special resolution, designate the number of Directors to hold office from time to time; and WHEREAS the Board shall consist of those persons elected as Councillors of the Shareholder, together with the Mayor of the Shareholder; and WHEREAS each of the directors will serve as a member of the Board as long as such person remains in office during the term of each City Council. Board members shall be reappointed during their term in office to continue as a director if necessary to comply with t he Business Corporations Act of Ontario.; and THEREFORE BE IT RESOLVED that the nine (9) directors to be selected by the Shareholder for the current term of Council be as follows: Mayor Diodati, Councillor Wayne Campbell, Councillor Chris Dabrowski, Councillor Carolynn Ioannoni, Councillor Vince A. Kerrio, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Mike Strange and Councillor Wayne Thomson. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI ACTING CITY CLERK MAYOR Page 359 of 377 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 79-200 to recognize the use of the Lands as a park and add a day nursery to the list of permitted uses on the Lands (AM-2018-021). 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 an OS zone (b) Day nursery 5. The regulations governing the permitted uses shall be: (a) Accessory buildings and accessory structures permitted under clause k of section 14.1 of By-law No. 79-200 in accordance with subclause (ii), (iv), (v) and (vii) of clause b of section 14.2 of By-law No. 79-200, save and except for an accessory structure with a maximum floor area of 6 square metres which may have a minimum front yard depth of 3 metres and an accessory structure with a maximum floor area of 144 square metres which may have a minimum front yard depth of 7 metres (b) The balance of regulations specified for an OS use Page 360 of 377 2 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheets E6 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R2 to OS and numbered 1080. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1080 Refer to By-law No. 2018-. Passed this eleventh day of December, 2018. ........................................................................... ……………………….………………. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 11, 2018 Second Reading: December 11, 2018 Third Reading: December 11, 2018 S:\ZONING\AMS\2018\By-laws\Byam021.docx Page 361 of 377 CITY OF NIAGARA FALLS By-law No. 2018 - ___ A by-law to amend By-law No. 2018-42, to eliminate a change made by that by-law, and to amend By-law No. 79-200, to add and remove language (AM-2018-022). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Subsection 1(a) of By-law No. 2018-42 is amended by deleting the words “and the sections that follow be renumbered accordingly”. 2. Subsection 3.1(b) of By-law No. 79-200 is amended by deleting the word “and” after the word “Residential” and before the word “Two”. 3. Subsection 5.5(a) of By-law No. 79-200 is amended by deleting the words “by members of the” after the word “only” and before the word “residing” and adding the words “by the occupants” after the word “only” and before the word “residing”. 4. Subsections 5.5(b) and (c) of By-law No. 79-200 are amended by deleting the words “a member of the family” after the word “than” and before the word “is” and adding the words “the occupants” after the word “than” and before the word “is”. 5. Section 7.7 of By-law No. 79-200 is amended by deleting the word “AND” after the word “RESIDENTIAL” and before the word “TWO”. 6. Sections 19.1.2, 19.1.6, 19.1.10, 19.1.36, 19.1.60, 19.1.110, 19.1.129, 19.1.178, 19.1.421, 19.1.424, 19.1.441, 19.1.454, 19.1.528, 19.1.530, 19.1.601, 19.1 606, 19.1.607, 19.1.618, 19.1.620, 19.1.621, 19.1.636, 19.1.639, 19.1.646 , 19.1.648, 19.1.649, 19.1.659, 19.1.688, 19.1.695, 19.1.727, 19.1.729, 19.1.734, 19.1.735, 19.1.747, 19.1.748, 19.1.755, 19.1.756, 19.1.757, 19.1.784, 19.1.787, 19.1.818, 19.1.827, 19.1.837 of By-law No. 79-200 are amended by deleting the word “one”. 7. Section 19.1.16 of By-law No. 79-200 is amended by deleting the word “single” after the word “a” and before the word “dwelling” and adding the word “detached” after the word “a” and before the word “dwelling”. 8. Section 19.1.153 of By-law No. 79-200 is amended by deleting the word “one-” after the word “one” and before the word “detached”. 9. Section 19.1.164 of By-law No. 79-200 is amended by deleting the words “and his or her” after the word “owner” and before the word “subject”. 10. Section 19.1.202 of By-law No. 79-200 is amended by deleting the word “one” after the word “one” and before the word “detached” and deleting the word “one” after the word “a” and before the word “detached”. Page 362 of 377 2 11. Section 19.1.260 of By-law No. 79-200 is amended by deleting the word “single” after the word “a” and before the word “dwelling” and replacing it with the word “detached”. 12. Section 19.1.264 of By-law No. 79-200 is amended by adding the word “unit” after the word “two-” and before the word “dwelling”. 13. Section 19.1.267 of By-law No. 79-200 is amended by deleting the word “single” after the word “a” and before the word “dwelling” and replacing it with the word “detached”. 14. Sections 19.1.353 and 19.1.354 of By-law No. 79-200 are amended by deleting the words “residential single building lot” after the word “a” and before the word “subject” and replacing them with the words “detached dwelling”. 15. Section 19.1.383 of By-law No. 79-200 is amended by deleting the words “residential single 1A density zone building lot” after the word “a” and before the word “subject” and replacing them with the words “detached dwelling”. 16. Section 19.1.384 of By-law No. 79-200 is amended by deleting the words “residential single 1C density zone building lot” after the word “a” and before the word “subject” and replacing them with the words “detached dwelling”. 17. Section 19.1.564 of By-law No. 79-200 is amended by deleting the word “one-” after the word “one” and before the word “detached”. Passed this eleventh day of December, 2018. ........................................................................ ................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 11, 2018 Second Reading: December 11, 2018 Third Reading: December 11, 2018 S:\ZONING\AMS\2018\By-laws\Byam022A.docx Page 363 of 377 CITY OF NIAGARA FALLS By-law No. 2018 - ___ A by-law to amend By-law No. 79-200, to add language to address accessory buildings (AM-2018-022). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Subsection 4.13(f) of By-law No. 79-200 is amended by adding the words “, excluding any gable or dormer” after the word “posts”. 2. Subsection 5.13(d) of By-law No. 79-200 is amended by adding the words “, but in no event shall any part of the walls or supporting posts, excluding any gable or dormer, exceed 5.5 metres in height” after the word “metres” and before the word “and”. 3. Subsection 5.13(e) of By-law No. 79-200 is amended by adding the words “, save and except for unsupported canopies, eaves or gutters which may project a distance of not more than 0.45 metre into this setback” after the word “lines”. 4. Section 5.13 of By-law No. 79-200 is amended by adding the following: “(f) No roofed-over porch or deck shall be closer than 1.2 metres from the rear lot line.” Passed this eleventh day of December, 2018. ........................................................................ ................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 11, 2018 Second Reading: December 11, 2018 Third Reading: December 11, 2018 S:\ZONING\AMS\2018\By-laws\Byam022B.docx Page 364 of 377 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule AA” and that Schedule “A” attached hereto shall be inserted in lieu thereof. Passed this 11th day of December, 2018. ............................................................... ........................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 11, 2018. Second Reading: December 11, 2018. Third Reading: December 11, 2018. Page 365 of 377 SCHEDULE “A” 1. Chief Building Official: Salvatore Valeo 2. Inspectors: Tammy Agnoletto Louie Baldinelli Rick Bayey Jim Boutilier Luciano Chieca Tom Detenbeck Frank Devereaux Effat Effat Tyler Esau Kellie Kubik Christel Meyer Roger Pigeon Bryan Plata Cesar Ramires Phil Ross Ellen Roupas Fred Sacco Ben Trendle Brian Sparks Jo Zambito 3. Municipal Enforcement Officers: Robert Davis Sandro Elia Doug Evans Nick Pietrangelo Brian Sparks Gerald F. Spencer Heather Stones Page 366 of 377 CITY OF NIAGARA FALLS By-law No. 2018 - 135 A by-law to appoint an auditor. WHEREAS subsection 296(1) of the Municipal Act, 2001 provides that every municipality shall appoint an auditor licensed under the Public Accountancy Act; AND WHEREAS subsection 296(3) of the Municipal Act, 2001 provides that an auditor of the municipality shall not be appointed for a term exceeding five years; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Crawford, Smith and Swallow, Chartered Accountants, LLP, is hereby appointed auditor for the Corporation of the City Of Niagara Falls for the period up to and including December 31, 2020. Passed this 11th day of December, 2018. ........................................................ ..................................................................... WILLIAM MATSON, (ACTING) CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 11, 2018 Second Reading: December 11, 2018 Third Reading: December 11, 2018 Page 367 of 377 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2018 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Front St. Northwest Portage Rd. and Norton St. Mon. to Fri. (b) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Front Street Northwest Portage Road and Monday to Friday a point 37 metres southwest of Portage Road Front Street Northwest A point 77 metres southwest of Portage Road and Monday to Friday Norton Street Page 368 of 377 This By-law shall come into force when the appropriate signs are removed. Passed this eleventh day of December, 2018. ............................................................... ........................................................... BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 11, 2018 Second Reading: December 11, 2018 Third Reading: December 11, 2018 Page 369 of 377 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2018 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Standing Prohibited) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended a) by removing from the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Kalar Road Both Brown Road and a point 100 metres north At All Times b) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Page 370 of 377 COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Kalar Road Both McLeod Road and a point 60 metres south of McLoed Road At All Times c) by removing from the specified columns of Schedule C thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Kalar Road Kalar Road Both Both A point 54 metres south of McLeod Road and a point 211 metres south of McLeod Road A point 100 metres north of Brown Road and a point 400 metres north of Brown Road At All Times At All Times d) by removing from the specified columns of Schedule U thereto the following items: COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN3 DESIGNATED LANE COLUMN 4 TIMES/DAYS COLUMN 5 DIRECTION Kalar Road Kalar Road Lundy’d Lane and McLeod Road Brown Road and a point 400 metres north of Brown Road 1.5 metre curb lane for cyclists only 1.5 metre curb lane for cyclists only At All Times At All Times Northbound and Southbound Northbound and Southbound Page 371 of 377 This By-law shall come into force when the appropriate signs are installed. Passed this eleventh day of December, 2018. .......................................................................... ..................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 11, 2018 Second Reading: December 11, 2018 Third Reading: December 11, 2018 Page 372 of 377 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2018 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Bailey Avenue Both Baxter Avenue and Miller Road At All Times Bailey Avenue Both Bailey Avenue and Miller Road At All Times (b) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Bailey Avenue & Miller Road Northbound on Bailey Avenue Baxter Avenue & Miller Road Northbound on Baxter Avenue Emerald Avenue & Tallgrass Avenue Eastbound on Tallgrass Avenue Page 373 of 377 This By-law shall come into force when the appropriate signs are installed. Passed this eleventh day of December, 2018. ............................................................... ........................................................... BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 11, 2018 Second Reading: December 11, 2018 Third Reading: December 11, 2018 Page 374 of 377 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2018 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Summer Street Summer Street North South A point 16 metres east of Main Street and a point 30 metres west of Temperance Avenue A point 16 metres east of Main Street and Temperance Avenue At All Times, Except By Permit At All Times, Except By Permit Page 375 of 377 This By-law shall come into force when the appropriate signs are installed. Passed this eleventh day of December, 2018. .......................................................................... ..................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 11, 2018 Second Reading: December 11, 2018 Third Reading: December 11, 2018 Page 376 of 377 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 11th day of December, 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 11th day of December, 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 eleventh day of December, 2018. .............................................................. ............................................................. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: December 11, 2018 Second Reading: December 11, 2018 Third Reading: December 11, 2018 Page 377 of 377