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04/09/2019 City of Niagara Falls Agenda City Council Meeting Tuesday, April 9, 2019 @ 5:00 PM Council Chambers Page 1. IN CAMERA SESSION OF COUNCIL - 3:30PM 1.1. update April 9th Resolution to go In-Camera 15 - 16 2. CALL TO ORDER O Canada - Performed by: Giancarlo Feltrin In honour of National Poetry Month, Amanda Schilz will be reciting a poem. 3. ADOPTION OF MINUTES 3.1. Council Minutes of March 19, 2019 City Council - 19 Mar 2019 - Minutes - Pdf 17 - 35 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. APPOINTMENTS / PRESENTATIONS 6.1. Citizen Recognition - Jim Boutilier, Fire Chief & Mayor Diodati will recognize 3 citizens, Brian Clark, Steve Heinrich and Marie Fleming with a Fire Chief Challenge Coin for their rescue efforts at a recent apartment fire. Page 1 of 737 6.2. Mayor's Youth Advisory Committee - Representatives from the committee would like to speak in support of staff report R&C-2019-05, Elimination of Plastic Straws and Stir Sticks in City Facilities. R&C-2019-05-Elimination of Plastic Straws and Stir Sticks in City Facilities 36 - 39 6.3. Niagara Falls Cultural Hub & Farmers Market - Architectural, Operating & Business Plan Megan Torza of dtah Consulting, will present on the detailed design of the project. Kathy Moldenhaur and Clark Bernat will then present on the Business and Operating Plans. R&C-2019-07-Cultural Hub Architectural Operating Business Plan R&C-2019-07-Attachment #1 360 Collective Operating and Business Plan R&C-2019-07-Attachment #2 A.W. Hooker Cost estimate R&C-2019-07-dtah Council Presentation R&C-2019-07-Staff Cultural Hub presentation 40 - 178 7. PLANNING MATTERS 7.1. Public Meeting PBD-2019-16 AM-2018-009, Zoning By-law Amendment Application 8100 McLeod Road Applicant: Lally Homes Ltd (John Lally) Proposal: 6 Storey 55 Unit Apartment Building PBD-2019-16, AM-2018-009, Zoning By-law Amendment, 8100 McLeod Rd 179 - 185 7.2. Public Meeting PBD-2019-17 AM-2018-027, Zoning By-law Amendment Application 8488 and 8550 Oakwood Drive Proposal: Proposed Site Specific Prestige Industrial Zone Applicant: Robert Montgomery and T.T. & H Montgomery Construction (Niagara) Limited Agent: Chris Cristelli 186 - 193 Page 2 of 737 PBD-2019-17, AM-2018-027, 8488 and 8550 Oakwood Drive, Zoning By-law Amendment 7.3. Public Meeting PBD-2019-18 AM-2019-001, Zoning By-law Amendment Application 2800 Thorold Townline Road and 3081 Taylor Road Proposal: Renewable Natural Gas Facility Applicant: Walker Environmental Group Inc. PBD-2019-18, AM-2019-001, 2800 Thorold Townline Road, Zoning By- law Amendment 194 - 199 7.4. Public Meeting PBD-2019-19 (report added) AM-2017-020 & 26T-11-2017-004 Beaver Valley Corridor Draft Plan of Subdivision and Zoning By-law Amendment Application Former Highway 420 Extension Corridor and 5140 Kalar Road Applicant: Centennial Developments (Niagara) and Centennial Construction and Contracting (Niagara) Inc. (Domenic DiLalla) Agent: Upper Canada Consulting (William Heikoop) PBD-2019-19, AM-2017-020 & 26T-11-2017-004, Beaver Valley Extension AM-2017-020 Comments from Richard Rochon AM-2017-020 & 26T-11-2017-004 Linda Guglielmi Comments AM-2017-020 (2) Objection Letter from resident Beaver Valley Extension AM-2017-020 Citation Rd resident comments AM-2017-020 Comments from Bill Bartolini AM-2017-020 Comments from Colleen Bartolini AM-2017-020 Comments from Loudgero Durante Beaver Valley AM-2017-020 Comments from Mark Visentin 200 - 258 Page 3 of 737 AM-2017-020 Comments from Mike Fiore AM-2017-020 email from resident Geoffrey Murdock Beaver Valley AM-2017-020 email from resident Lou Durante AM-2017-020 Erika Hamilton Email Beaver Valley AM-2017-020 mail from resident Olga Grevic AM-2017-020 Mark Visentin Email Beaver Valley AM-2017-020 Maruca AM-2017-020 Sarah and Geoff Murdock Comments AM-2017-005 Bill Bortolini Email Beaver Valley 26T-11-2017-004 Letter from Mike Fiore Beaver Valley Extension 26T-11-2017-004 Objection letter from Don Davidson Beaver Valley Extension 26T-11-2017-004 Objection Letter from Rick Rochon Beaver Valley Extension AM 2017-020 Objection Letter from resident Beaver Valley Extension Beaver Valley Corridor PM presentation 7.5. Public Meeting PBD-2019-14 AM-2018-016, 26CD-11-2018-008 Zoning By-law Amendment and a Draft Plan of Vacant Land Condominium Vacant Parcel between 2294 and 2472 Thompson Road Applicant: Hunain Siddiqui PBD-2019-14, 26CD-11-2018-008 & AM-2018-016, Vacant Parcel East of 2294 Thompson Road AM-2018-016 & 26CD-11-2018-008 Devine Objection Ltr 259 - 303 Page 4 of 737 AM-2018-016 & 26CD-11-2018-008 Zimmerman Objection Ltr AM-2018-016 & 26CD-11-2018-008 Papineau Objection Ltr AM-2018-016 & 26CD-11-2018-008 Bertone Objection Ltr AM-2018-016 & 26CD-11-2018-008 Confiant Objection Ltr AM-2018-016 & 26CD-11-2018-008 Delaney Objection Ltr AM-2018-016 & 26CD-11-2018-008 Richardson Objection Ltr AM-2018-016 & 26CD-11-2018-008 Johnson Objection Ltr AM-2018-016 Bertone Objection Ltr Am-2018-016 MacCarl Objection Ltr AM-2018-016 Cherie Willis Objection LTR AM-2018-016 Pat & Connie Objection LTR AM-2018-016 Thompson Rd Objection LTR 8. REPORTS / PRESENTATIONS 8.1. Jim Bruzzese of BMA Consulting will present the Water and Wastewater Long-Range Financial Plan RECOMMENDATION: That Council approve the Water & Wastewater Long Range Financial Plan as outlined by BMA Consulting. BMA 2019 Presentation 304 - 345 8.2. Niagara Falls Water System Overview Presentation by James Sticca, Manager of Environmental Services Presentation - Niagara Falls Water System Overview April 9 2019 346 - 358 8.3. MW-2019-12 Water Meter Replacement Program MW -2019-12 - Water Meter Replacement Program 359 - 361 Page 5 of 737 8.4. MW-2019-13 Water Conservation Programs MW -2019-13 - Water Conservation Programs - Update 362 - 365 8.5. CD-2019-04 Licensing of Commercial Parking Lots for 2019 & Deputation Request Tim Parker, Office Administrator with the Victoria Centre BIA has requested to speak to Council on this matter. CD-2019-04 Commercial Parking Lots CD-2019-04 Attachment 1 L-2017-27 CD-2019-04 Attachment 2 Schedule 11 CD-2019-04 Attachment 3 VCBIA Letter CD-2019-04 Deputation Request 366 - 379 8.6. PBD-2019-20 Section 20 Development Charge Act Appeal 3615 Gunning Drive Applicant: Anthony Vacca will speak to Council PBD-2019-20, Vacca, 3615 Gunning Drive, Section 20 Developm ent Charge Act Appeal Notice Development Charges By-law CDC's - Council Presentation City Development Charge By-law (6) 380 - 429 8.7. PBD-2019-26 Demolition of Former Court House and City Hall 4310 Queen Street Shayne Chesney, Owner of Ontario Environmental & Safety Network, is in attendance and available to speak to the condition of the building. PBD-2019-26, Demolition of Former Court House, 4310 Queen St 430 - 582 Page 6 of 737 PBD-2019-26 Old City Hall PBD-2019-26 Old City Hall 2 PBD-2019-26 Old City Hall 3 PBD-2019-26 Old Court House PBD-2019-26 Old Court House 2 PBD-2019-26 Old Court House 3 Former Courthouse (CHER) OMTCS Evaluation Form Cultural Heritage Statement - Courthouse, Old City Hall Old City Hall Petition - email Petition Signatures Petition Comments 1. Old City Hall - Shayne Chesney Presentation 8.8. PBD-2019-23 Matters Arising from Municipal Heritage Committee Former Old City Hall, 4300 Queen Street Former Parks Building, 7565 Lundy's Lane PBD-2019-23, Matters Arising from MHC, Former City Hall & PRC Building 583 - 584 8.9. PBD-2019-21 Boarding House Interim Control By-law Study Update PBD-2019-21, Boarding House Study Update PBD-2019-21, Appendix 1 585 - 602 8.10. L-2019-07 Boarding House Enforcement File No. 2019-04 603 - 606 Page 7 of 737 L-2019-07 - Boarding House Enforcement 8.11. MW-2019-11 Millennium Recreation Trail Section 2 South of Mcleod Road MW -2019-11 - Millennium Recreational Trail Section 2 - South of McLeod Road MW -2019-11 - Attachment 1 - Location Map MW -2019-11 - Attachment 2 - letter from OPG MW -2019-11 - Attachment 3 - Section 2 Minutes of Sept 19 2005 Council Meeting MW -2019-11 - Attachment 4 - Millennium Trail Section 2 Development (REVISED) 607 - 613 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. CD-2019-03 Fee Waiver Applications St. Paul High School & Celebrate Old Downtown CD-2019-03 Fee Waivers CD-2019-03 Attachment Fee Waiver - St Paul CD-2019-03 Attachment Fee Waiver - Cruising on the Q 614 - 625 CAO-2019-06 Integrity Commissioner CAO-2019-06 Appointment of Integrity Commissioner 626 - 645 Page 8 of 737 CAO-2019-06 Attachment - Regional Municipality of Niagara 2017-RFP- 15 ADR Chambers 17 Apr 2017 BDD-2019-02 Support for all Wine and Beer Made in Ontario as Part of Modernizing Alcohol Sales BDD-2019-02_ Modernizing Alcohol Sales 646 - 647 MW-2019-10 Assumption of Edgewood Estates Subdivision MW -2019-10 - Assumption of Edgewood Estates Subdivsion MW -2019-10 - Attachment 1 (Subdivsion Plan) 648 - 650 R&C-2019-06 Sports Wall of Fame Committee Membership R&C-2019-06 Sports Wall of Fame Committee Membership R&C-2019-06-Attachment #1 Sports Wall of Fame Constitution 651 - 659 TS-2019-04 Multiple Locations - Speed Control Follow Up Review TS-2019-04 Speed Control Follow Up Review Attachment 660 - 663 TS-2019-08 Accessible Parking By-law Update TS-2019-08 Accessible Parking By-law Update TS-2019-08 Schedule A 664 - 668 TS-2019-10 Canadian Corps of Commissionaires Contract Renewal TS-2019-10 Canadian Corps of Commissionaires - Contract Renewal TS-2019-10 attachment schedule A and B 669 - 672 Page 9 of 737 PBD-2019-25 Demolition Charge Fee Waiver By-law 2017-62 Area PBD-2019-25, Demolition Charge Fee Waiver 673 - 675 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Drummond Road Canal Overpass A request for the installation of a barrier along Drummond Road at the canal overpass. RECOMMENDATION: That Council refer the matter to Staff. Barrier - Drummund Road Canal Overpass 676 10.2. Flag Raising - Zonta Club of Niagara Falls is requesting a flag raising ceremony on Thursday May 23, 2019 in recognition of the centennial anniversary of Zonta International and the 100 years of service and advocacy for women. RECOMMENDATION: That Council approve the request Flag Raising Request - Zonta 677 10.3. Niagara Regional Housing - 4th Quarter Report The NRH Board of Directors has requested that the Quarterly Reports be sent to Municipal Councils for information, to keep them apprised of the work of the NRH and to assist with questions from constituents as they arise. RECOMMENDATION: For the Information of Council. NRH 4-2019 4th Quarter 2018 Rpt to Bd-CouncilNC 678 - 692 10.4. Snow Removal By-law Niagara Falls resident, Jaclyn Page, is requesting that Council consider a sidewalk snow removal by-law. RECOMMENDATION: That the correspondence be referred to staff for a report back to Council. Snow Removal ByLaws 693 - 694 10.5. Special Occasions Permit - Ride to Conquer Cancer 695 Page 10 of 737 A request is being made on behalf of The Enbridge Ride to Conquer Cancer that Niagara Falls City Council declare the annual event as "municipally significant" in order to assist with obtaining a Special Occasions Permit for serving alcohol at the event on June 9, 2019. RECOMMENDATION: That Council approve the request Ride to Conquer Cancer 10.6. Special Occasions Permit - NF Men's Fastball Association A request is being made on behalf of Niagara Falls Men's Fastball Association to hold their 2019 Annual Invitation Tournaments at Ker Park. The request is that Niagara Falls City Council declare the annual event as "municipally significant" in order to assist with obtaining a Special Occasions Permit for serving alcohol at the tournaments taking place: May 24-26, 2019 August 16-18, 2019 September 6-8, 2019 RECOMMENDATION: That Council approve the request. Mens Fastball SOP 696 10.7. Special Occasions Permit - Rotary Club of Niagara Falls Sunrise Ribfest A request is being made on behalf of Niagara Falls Rotary to hold their 2019 Ribfest. The request is that Niagara Falls City Council declare the annual event as "municipally significant" in order to assist with obtaining a Special Occasions Permit for serving alcohol at the event taking place June 14, 15 & 16, 2019. RECOMMENDATION: That Council approve the request. Rotary Ribfest 697 10.8. Special Occasions Permit - Studio Vine Glass A request is being made on behalf of Studio Vine Glass to hold a BBQ & Open House at their studio on Slater Avenue. The request is that Niagara Falls City Council declare the event as "municipally significant" in order to assist with obtaining a Special Occasions Permit for serving alcohol at the event taking place May 4, 2019. Studio Vine Glass - Event of Municipal Significance Studio Vine Glass Open House 698 - 699 Page 11 of 737 10.9. Request for Fee Waiver - Committee of Adjustment Application A request from Mr. Mario Castrilli to have a fee waiver of $2100 for a variance application through Committee of Adjustment to recognize previous addition built on his home. RECOMMENDATION: For Council's Consideration Committee of Adjustment - Fee Waiver Request 700 - 704 10.10. Noise By-law Exemption - Request from Taps on Queen seeking an exemption from Council to the City's Noise By-law for the playing of live music outdoors during the attached list of events taking place at Taps Brewing Company, 4680 Queen Street. RECOMMENDATION: For Council's Consideration 2019 Noise Exemption letter to City 705 10.11. Proclamation Request - Niagara Regional Labour Council The proclamation request is being made to assist in the observation of the National Day of Mourning, April 28, 2019 to remember those who have suffered and died on the job. RECOMMENDATION: That Council approve the request. Niagara Falls Day of Mourning 2019 706 10.12. Township of Wainfleet - Provincial Government Review of Regional Government Correspondence from the Township, forwarded to the Local Area Municipalities. 2019-03-26 letter to region governance review 707 - 715 10.13. The Office of the Fire Marshal and Emergency Management / Ontario Ministry of Community Safety and Correctional Services - Request for Host Community Support The Ministry is asking the City to consider being a 'Host Community' for the 2019 James Bay flood season in the event that the Province needs to provide emergency response assistance to First Nations Communities. RECOMMENDATION: That the correspondence be referred to Staff for a report. Letter-Requst-for-Host-Community-Support-FINAL-190328 (002)-signed 716 - 717 Page 12 of 737 10.14. "The Sundowner 50th Anniversay" taking place Sunday June 9th 12 noon to 11:00pm at 8870 Lundy's Lane. The event is being produced by the Rudan family and is a celebration of their history. RECOMMENDATION: For the Information of Council Sundowner 50th Anniversay 718 11. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2019-39 - A by-law to authorize the execution of a Lease Amending Agreement with BTB Mortgage Solutions Inc., respecting an amendment to the Lease between the City and BTB Mortgage Solutions Inc. Execution By-law - Lease Amending Agreement - BTB Mortgage Solutions Inc 719 - 722 2019-40 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for 3 apartment dwellings containing a total of 54 units (AM - 2018-026). By-law AM-2018-026 By-law AM-2018-026 Schedule 1 723 - 725 2019-41 - A by-law to establish Reserve Block 21 on Registered Plan 59M-327 as a public highway to be known as, and to form part of Lucia Drive. By-Law to Establish Highway - Block 21 - Lucia Dr 726 2019-42 - A by-law to establish Reserve Block 22 on Registered Plan 59M-327 as a public highway to be known as, and to form part of Colangelo Drive. By-Law to Establish Highway - Block 22 - Colangelo Dr 727 2019-43 - A by-law to authorize the execution of an Agreement with Dr. Karim Velji, respecting the physician’s commitment to practice medicine in the City of Niagara Falls. Execution re Physician's Agreement - Dr. Karim Velji 728 2019-44 - A By-law to require owners and operators of off-street parking facilities to provide designated parking spaces reserved for the sole use of vehicles operated by or carrying persons with disabilities. Offstreet parking by-law 729 - 734 Page 13 of 737 2019-45 - 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. 2019 Apr 9 By-law Enforcement Officers 735 - 736 2019-46 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of April, 2019 04 09 19 Confirming By-law 737 12. NEW BUSINESS 13. ADJOURNMENT Page 14 of 737 The City of Niagara Falls, Ontario Resolution April 9, 2019 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. WHEREAS s. 239(7) of the Act mandates that the municipality or local board or a committee of either of them shall record without note or comment all resolutions, decisions, and other proceedings at a meeting of the body whether it is closed to the public or not; and WHEREAS s. 239(8) of the Act requires that the record required by subsection 239(7) shall be made by the Clerk of the Corporation in the case of a meeting of council; and WHEREAS on April 9, 2019 Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239(2)(b), s. 239(3.1), and s. 239(2)(d) of the Act, for matters that pertain to personal matters about an identifiable individual; for the purpose of educating or training the members; and for labour relations or employee negotiations. WHEREAS due to the nature of the discussion of the in the Closed Meeting, it is not appropriate for City staff to be in attendance when the personal matter is discussed, save the Director of Human Resources ("HR"), and the City Solicitor, if required; and WHEREAS s.228(4)of the Act permits the Clerk the discretionary authority to delegate in writing to any person, other than a member of council, any of the clerks powers and duties under the Act; and Page 15 of 737 THEREFORE BE IT RESOLVED that on April 9, 2019 at 3:30 p.m., Niagara Falls City Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m., to consider matters that fall under s. 239(3.1), to educate Council on the proposed Cultural Hub and Farmer’s Market development; s. 239(2)(b) personal matters about an identifiable individual; and 239(2)(d) labour relations or employee negotiations. FURTHER BE IT RESOLVED THAT on April 9, 2019 the City Clerk, William Matson, delegates his authority for the purpose of a portion of the Closed Meeting to the Director of HR, Trent Dark; and FURTHER BE IT RESOLVED THAT the Director of HR will record without note or comment all recommendations to Council emanating from the Closed Meeting; and FURTHER BE IT RESOLVED THAT the City Clerk will resume his duties upon conclusion of the Closed Meeting agenda. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 16 of 737 MINUTES City Council Meeting Tuesday, March 19, 2019 Council Chambers 5:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Carolynn Ioannoni, Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Chris Dabrowski, and Councillor Lori Lococo COUNCIL ABSENT: COUNCIL LATE: 1 IN CAMERA SESSION OF COUNCIL - 4:00pm a) Legal Advice / Property Matter 2 CALL TO ORDER a) O Canada sung by Maia Pavone 3 ADOPTION OF MINUTES a) Council Minutes of February 26, 2019 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the minutes of February 26, 2019 be approved as recommended. Carried Unanimously 4 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Councillor Lococo indicated a pecuniary interest, cheque number 424107 made payable to herself; cheque numbers 423969 and 424493 made out to Project Share where she is a board member. Page 1 of 19 Page 17 of 737 City Council March 19, 2019 b) Councillor Pietrangelo indicated a pecuniary interest, cheque number 002060006 made out to his employer, the Niagara Catholic District School board. c) Councillor Campbell indicated a pecinuary interest, cheque number 423852 made out to his spouse; cheque number 423853 made out to himself. d) Mayor Diodati indicated a pecuniary interest, cheque numbers 424423, 424006 made out to himself. 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Harry Oakes, father of Harry, Phil, Michael and Bianca; Douglas Eaton of our Transportation department on the bassing of his granddaughter, Patience Eaton. b) Mayor Diodati would like to wish Councillor Chris Dabrowski a Happy Birthday, March 31st. c) Mayor Diodati recognized Crossing Guard Appreciation Day; Tomorrow, March 20th, celebrating crossing guards across Ontario; First ever annual event; Give them a shout-out on social media, or let them know in person they are appreciated. d) Mayor Diodati recognized Earth Hour; March 30th from 8:30-9:30 PM; lights on the falls will be turned off; invited the community to participate. e) Mayor Diodati advised of recent events: Councillor Lococo attended the 25th Annual Niagara Engineering Week Luncheon; Councillor Strange participated in the puck drop at the Gale Centre for Minor Hockey Presentation to Cyclones Hockey Team visiting from Australia; Councillor Dabrowski attended the opening ceremonies at the 16th Annual Technological Skills Competition at the Niagara Catholic District School Board. f) The next Council meeting is scheduled for Tuesday April 9, 2019. 6 APPOINTMENTS / PRESENTATIONS a) Angela Peebles - Spoke to Council regarding the homeless situation and mental health in Niagara Falls. Page 2 of 19 Page 18 of 737 City Council March 19, 2019 ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Carolynn Ioannoni that the City take on the expense o f $10,000 and extend the homeless shelter run by Project Share at St. Andrews Church into April. Carried Unanimously b) Development Charges Study - Presented by Hemson Consultant, Craig Binning. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council receive the presentation made by Craig Binning of Hemson Consulting for information. Carried Unanimously c) PBD-2019-15 Niagara SPCA and Humane Society Contract, Animal Control By-law, Schedule of Part 1 Fees with the Provincial Offences Act Presentation by John Greer, Executive Director, Welland & District SPCA The report recommends the following: 1. That Council approve the Niagara SPCA and Humane Society contract for a 4 year term; 2. That the Mayor and Clerk be authorized to sign the contract; and 3. That Council approve the Animal Control By-law on the agenda and the associated Part 1 Set Fine Schedule of Fees. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Lori Lococo that Council receive the presentation and approve the recommendations. Carried Unanimously 7 PLANNING MATTERS a) Public Meeting AM-2018-026, Zoning By-law Amendment Application 6055, 6063 and 6091 McLeod Road Page 3 of 19 Page 19 of 737 City Council March 19, 2019 Proposal: Three, 3 Storey Apartment Buildings With a Total of 54 Units Applicant: M5V Inc. (Sherard McQueen) Background Report: PBD-2019-08 The report recommends the following: 1. That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Apartment 5C Density (R5C) zone to permit three, 3 storey apartment buildings with a total of 54 units, subject to providing a 4.5 metre setback from the north-west side lot line, and subject to the other regulations outlined in this report; and 2. That Council approve the request to pass a by-law to deem Lots 42 and 43 and Part of the Closed Duncan Avenue Road Allowance, Plan 67, and Part of Lot 21, Plan 246 to not be in a plan of subdivision and that this by-law be placed on Council's agenda at the same time as the amending zoning by-law. Alex Herlovitch, Director of Planning, Building and Development gave an overview of the background report PBD-2019-08. Heather Sool from North Planning Group, representing M5V Inc. 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 Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously b) Public Meeting AM-2018-024, 26CD-11-2018-010 Zoning By-law Amendment and a Plan of Vacant Land Condominium 8196 McLeod Road Applicant: Bruno Galante Background Report: PBD-2019-10 The report recommends the following: 1. That Council approve the Zoning By-law amendment application Page 4 of 19 Page 20 of 737 City Council March 19, 2019 to rezone the lands to a site specific Environmental protection Area (EPA) zone, in part, to permit 5 townhouse dwelling units and a semi-detached dwelling on a portion of the lands and protect the watercourse and 100 year flood plain located o n the balance of the lands; 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Alex Herlovitch, Director of Planning, Building and Development gave an overview of the background report PBD-2019-10. William Heikoop of Upper Canada Consultants, representing the Applicant 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 Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously c) Public Meeting AM-2018-025, Zoning By-law Amendment Application Location: Railway Land West of 7771 Stanley Avenue Owner: Stanley- Zelco Limited Background Report: PBD-2019-11 The report recommends that Council approve the Zoning By-law amendment application to rezone the subject land to a site specific Heavy Industrial (HI-55) zone, which is the same zone that exists on the Page 5 of 19 Page 21 of 737 City Council March 19, 2019 Salit Steel property (7771 Stanley Avenue). Alex Herlovitch, Director of Planning, Building and Development gave an overview of the background report PBD-2019-11. Public meeting was Closed. Kevin Paul, Manager of Real Estate East of Canadian Pacific Railway, representing Canada Southern Railway was in support of the staff report and asked for the support of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn Ioannoni that the report be approved as recommended. Carried Unanimously d) Motion to move to PBD-2019-13. Mayor Jim Diodati requested to have the order of the agenda changed slightly to deal with PBD-2019-13. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn Ioannoni to move to PBD-2019-13 Carried Unanimously 8 REPORTS Councillor Pietrangelo assumed the role of chair. a) Operating Budget Tiffany Clark, Acting Director of Finance, is available to discuss the attached presentation from the Council Meeting presentation of February 26, 2019. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Jim Diodati that the 2019 Operating Budget be approved as per Option 3, presented in the February 26, 2019 presentation to Council, thereby reducing the impact on the net levy to 0%. Carried with Coucillor Campbell opposed b) F-2019-13 Page 6 of 19 Page 22 of 737 City Council March 19, 2019 2019 Capital Budget Amendments DEPUTATION: Request from Diane Munro to speak to the matter of the Willoughby Hall accessibility ramp, as part of the Capital Budget. The report recommends the following: 1. That Council approve the 2019 Capital Budget as presented on February 26, 2019 with the amendments outlined in this report. 2. That Council approve the Water Meter Replacement Program with expenditures and funding to occur over four years (2019 - 2022) for a total of $12,128,289. A subsequent report will be presented to Council related to the Water Meter Replacement procurement process. 3. Staff report back with additional capital infrastructure spending once the final OLG payment has been received and reserve reconciliation has been completed. ORDERED on the motion of Councillor Jim Diodati, Seconded by Councillor Mike Strange Ordered on the motion of Mayor Diodati, seconded by Councillor Strange that Council approve the 2019 Capital Budget as presented on February 26, 2019 with the amendments outlined in report F-2019-13; that Council approve the Water Meter Replacement Program with expenditures and funding to occur over four years (2019-2022) for a total of $12,128,289; that staff report back with additional capital infrastructure spending once the final OLG payment has been received and reserve reconciliation has been completed. Carried Unanimously ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Jim Diodati Ordered on the motion of Councillor Kerrio, seconded by Mayor Diodati, that the Fleet Equipment Replacement, namely the ordering of the fire tanker and 2 60 foot transit buses be put on hold until later in 2019. Carried Unanimously ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Wayne Thomson Ordered on the motion of Councillor Ioannoni, seconded by Councillor Thomson, that the $300,000 budgeted cost for the consulting services for CN Rail – the CN Relocation Action Plan, be put on hold until report from staff comes back to Council comparing what other municipalities have done to lobby CN Rail to Page 7 of 19 Page 23 of 737 City Council March 19, 2019 remove railway tracks as well as how the $300,000 cost was determined. Carried Unanimously ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Lori Lococo Ordered on the motion of Councillor Kerrio, seconded by Councillor Lococo, that funding for the Millenium Trail be put on hold until staff report back on whether $200,000 in design funding could be withheld. Carried Unanimously ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Vince Kerrio Ordered on the motion of Councillor Ioannoni, seconded by Councillor Kerrio that the funding for the old City Hall Courthouse demolition be removed from the Priority 1 budget and put on hold. Councillors Campbell, Dabrowski, Kerrio, Strange, Thomson and Mayor Diodati were opposed. Motion defeated with Councillors Campbell, Dabrowski, Strange, Thomson and Mayor Diodati opposed. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Lori Lococo that the funding for cultural hub and farmers market construction be moved into the capital budget. Motion withdrawn ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Wayne Thomson that the installation of the ramp at Willoughby Town Hall be put on hold. Carried Unanimously ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Jim Diodati that staff assess the safety of the equipment at Corwin Park and report back to Council. Carried Unanimously c) PBD-2019-12 Lundy's Lane Community Improvement Plan (CIP) Page 8 of 19 Page 24 of 737 City Council March 19, 2019 Proposed Residential Incentive Program The report recommends that the City initiate an amendment to the Lundy's Lane Community Improvement Plan to consider residential uses under the Tax Increment Based Grant Incentive and to add 5873 Brookfield avenue to the Improvement Area Boundary under By-law No. 2018-31. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously d) PBD-2019-13 Exemption Request to 2-Year Waiting Period for Minor Variance South Side of Mountain Road Terravita Subdivision, Plan 59M-467 Agent: ACK Architects c/o Michael D. Allen Owner: Kenmore Homes (Niagara Falls) Inc. The report recommends that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight's agenda to grant an exemption to the 2-year waiting period for minor variances and thereby allow Kenmore Homes to file an application to the City's Committee of Adjustment for the Terravita subdivision. Michael Allen presented the need for the exemption request. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously e) Resolution - That Council consents to an exemption to the 2-year waiting period for minor variances. (See attached Resolution) ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council pass the following resolution: WHEREAS the Planning Act, 1990 R.S.O. establishes a 2-year waiting period for minor variance applications which means minor variance Page 9 of 19 Page 25 of 737 City Council March 19, 2019 applications are not permitted for two years following an applicant- initiated site specific rezoning of a property; and WHEREAS the intent of the 2-year waiting period is to provide greater control to municipalities, prevent zoning provisions that Council determines to be appropriate from being reversed or altered through the minor variance process for 2 years, and to increase stability by affording municipalities the ability to implement site specific zoning by-laws; and WHEREAS notwithstanding the 2-year waiting period for minor variances, subsection 45(1.4) of the Planning Act, 1990 R.S.O. provides municipalities the ability to permit privately-initiated applications for minor variances by passing a resolution; and WHEREAS Kenmore Homes requested Council to consider passing a resolution that would permit them to file an application to the City’s Committee of Adjustment in regards to applicant-initiated site specific By-law No. 2018-24 that was passed by Council a year ago; and WHEREAS Council determined that a minor variance that would permit Kenmore Homes to vary the lot coverage regulation to accommodate dwellings with roofed-over one storey porches in the Terravita Subdivision, does not undermine Council’s original intention when it passed By-law No. 2018-24. THEREFORE BE IT RESOLVED that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council consents to an exemption to the 2-year waiting period for minor variances and thereby allows Kenmore Homes to file an application to the City’s Committee of Adjustment for the development of the Terravita plan of subdivision that is regulated by By-law No. 2018-24. Carried Unanimously f) MW-2019-07 Municipal Drinking Water Licence Renewal and Summary Report The report recommends the following: 1. That City Council, as Owners of the Niagara Falls Water Distribution System, endorse the Drinking Water Quality Management System Operational Plan. 2. That City staff be authorized to make appropriate application to renew the City's Municipal Drinking Water Licence. 3. That the City of Niagara Falls Drinking Water System Summary Report and Drinking Water Quality Management System Management Review be received and filed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell to receive and file the communication. Page 10 of 19 Page 26 of 737 City Council March 19, 2019 Carried Unanimously g) MW-2019-08 Asphalt Overlay Phase 1 - Contract 2019-03 Advanced Funding Request The report recommends that the 2019 Asphalt Overlay Phase 1 Program receive advance 2019 Capital funding approval in the amount of $550,000. This report was approved as apart of the Capital budget. h) MW-2019-09 Clifton Hill Resurfacing - Contract 2019-447-19 Advanced Funding Request The report recommends that the Clifton Hill Resurfacing Project receives advanced 2019 Capital funding approval in the amount of $625,000. This report was approved as apart of the Capital Budget. i) F-2019-09 Annual Statement of Remuneration and Expenses The report recommends for the information of Municipal Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously j) CAO-2019-05 Provincial Review of Regional Government The report recommends the following: 1. That the correspondence attached to this report, form the Regional Clerk dated March 8, 2019 regarding Provincial Review Page 11 of 19 Page 27 of 737 City Council March 19, 2019 of Regional Government, be received; 2. That the Council of the City of Niagara Falls support the request from Regional Council "that the Region undertake the procurement of and facilitation for finances to hire a Government Relations/Communications firm to advise the 13 municipalities on government relations, public polling and communication in regard to the provincial government review of regional government." ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski to receive and file the communication. Carried Unanimously 81. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. TS-2019-06 Drummond Road, north of Cherrywood Road - Stopping Prohibition The report recommends that a stopping prohibition be established on west side of Drummond Road between Cherrywood Road and a point 90 metres north thereof. F-2019-10 Municipal Accounts The report recommends that Council approve the municipal accounts totaling $14,395,738.78 for the period January 24, 2019 to February 27, 2019. F-2019-11 Sleep Cheap The report recommends the information for Council. Page 12 of 19 Page 28 of 737 City Council March 19, 2019 F-2019-12 Monthly Tax Receivables Report - February The report recommends that Council receive the Monthly Tax Receivables report for information purposes. CD-2019-02 Fee Waiver Application Royal Canadian Legion Provincial Convention Parade ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that the reports are approved as recommended. Carried Unanimously 9 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) World Autism Awareness Day - Flag Raising Request The Niagara Region Chapter of Autism Ontario is requesting that the City hold a Flag Raising on Tuesday April 2, 2019 in recognition of World Autism Awareness Day. RECOMMENDATION: That Council support the request. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Lori Lococo that the City of Niagara Falls will hold a Flag Raising on Tuesday April 2, 2019 in recognition of World Autism Awareness Day. Carried Unanimously b) Niagara Shrine Club - Proclamation Request The Niagara Shrine Club requests a city proclamation declaring June 6th as "Shriners International Awareness Day". RECOMMENDATION: That Council support the request. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that the City declare June 6th as "Shriners International Awareness Day". Carried Unanimously Page 13 of 19 Page 29 of 737 City Council March 19, 2019 c) Town of Fort Erie Correspondence: NPCA The Town Council is asking all Niagara municipalities for their endorsement and support of their recently passed resolution that the Niagara Peninsula Conservation Authority provide a full and transparent accounting of all spending in its 2018 and 2019 operating and capital budgets to Niagara Regional Council, AND FURTHER that the Provincial Government amend the Conservation Authorities Act to provide greater oversight over Conservation Authority budgets, etc. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Jim Diodati that Council receive and file the communication. Carried Unanimously d) Town of Fort Erie Correspondence - Waste Management Contracts: The Town has sent the attached resolution to all Niagara Municipalities requesting that the Regional Municipality of Niagara prepare a report for Regional Council that speaks to the benefits and cost savings, if any, associated with bringing the Waste Management Contracts in-house. RECOMMENDATION: That Council receive the correspondence for information. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council receive and file for communication. Carried Unanimously e) Town of Saugeen Shores - Investing in Canada Infrastructure Program The town is requesting the support of other municipalities in the Province for the Government of Canada and the Province of Ontario to open the application process for the Bi-lateral "Investing in Canada Infrastructure Program". RECOMMENDATION: For Council's Consideration ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Jim Diodati that Council receive and file the correspondence. Carried Unanimously f) Regional Niagara's Amended Smoking By-law Page 14 of 19 Page 30 of 737 City Council March 19, 2019 Regional Council has asked that this matter be circulated to Local Area Municipalities to consider a resolution consenting to an updated Regional by-law to protect children and vulnerable persons from exposure to outdoor second-hand smoke. A Triple Majority vote within the Niagara Region is required for the by-law to pass. RECOMMENDATION: That Council pass a resolution giving their consent to the passing of the Region's amended Smoking By -law. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Carolynn Ioannoni that Council give their consent to the passing of the Region's amended Smoking By-law. Carried Unanimously g) Niagara Region - NPCA Board Appointments Regional Council recently passed the attached resolution regarding the extension of the current NPCA Board Appointments as well as asking the NPCA to review the Board's composition and appointment process. RECOMMENDATION: That Council receive the correspondence for information. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Lori Lococo that Council receive and file the correspondence for information. Carried Unanimously h) Niagara Region - Various Correspondence The Region has asked that a copy of the following reports be circulated to area municipalities: "PDS 10-2019 - Update on the Natural Environment Work Program - New Regional Official Plan". "PDS 2-2019 - Environmental Planning Function Overview" "PDS 3-2019- Development Applications Monitoring Report - 2018 Year End" "CSD 7-2019 - Budget-Waste Management Services Operating Budget and Requisition" "CSD 8-2019 - Budget-Water and Wastewater Operating Budget, Rate Setting and Requisition" RECOMMENDATION: That Council receive the correspondence for information. Page 15 of 19 Page 31 of 737 City Council March 19, 2019 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that Council receive the correspondence for information. Carried Unanimously i) City of Toronto - Planning Appeals Process The City's Planning and Housing Committee has asked that the following resolution regarding the Planning Appeals Process with the Local Planning Appeal Tribunal be distributed to the Councils of municipalities within the Greater Golden Horseshoe. RECOMMENDATION: That Council receive the correspondence for information. ORDERED on the motion of Councillor Jim Diodati, Seconded by Councillor Wayne Thomson that Council receive and file the correspondence for information. Carried Unanimously j) Victoria Centre BIA - 2019 Budget The Victoria Centre 2019 proposed budget is attached for Council's review. RECOMMENDATION: That Council approve the 2019 budget of the VCBIA. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that council approve the 2019 budget of the VCBIA. Carried Unanimously k) Recreation Committee - Fundraiser for the Activity Subsidy Fund The attached memo from the Recreation Committee is looking for Council to waive any licencing fees associated with the annual 'Garage Sale at the Gale', a fundraiser for the City of Niagara Falls Activity Subsidy Fund that provides support for children to participate in a variety of recreation activities. The 'Garage Sale at the Gale' is taking place Saturday June 22nd from 8am to noon. Page 16 of 19 Page 32 of 737 City Council March 19, 2019 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that Council waive any licencing fees associated with the annual 'Garage Sale at the Gale', for the 2019 event. Carried Unanimously 10 RATIFICATION OF IN-CAMERA MATTERS a) In-Camera The report recommends the following: 1. That Council accept the offer of Timothy Charles Masterson and Terry Wilfred Masterson to purchase the lands described and shown on Schedule "A" and Schedule "B" to this Report for 8000.00. 2. That the Mayor and Acting City Clerk and Solicitor acting for the City, be authorized to take whatever steps and sign whatever documents and required to carry out Recommendation 1. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Wayne Thomson that council approve the recommendations. Carried Unanimously with Councillor Strange declaring a conflict. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. A by-law to authorize the appointment of William G. Matson to the position of City Clerk. A by-law to amend By-law 2019-16, being a By-law to provide for citizen appointments to certain Committees and Boards. A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. A by-law to regulate animal care and control. Page 17 of 19 Page 33 of 737 City Council March 19, 2019 A by-law to authorize the execution of an Agreement with Dr. Christopher McLaughlin, respecting the physician’s commitment to practice medicine in the City of Niagara Falls. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited) A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19th day of March, 2019. ORDERED on the motion of Councillor Jim Diodati, Seconded by Councillor Wayne Thomson that the by-laws be read a first, second and third time and passed. Carried Unanimously 11 NEW BUSINESS a) 5G Technology ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Chris Dabrowski that staff research health concerns of 5G technologies in preparation of Smart Cities and report back to Council Carried Unanimously 12 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the meeting be adjourned at 8:05 p.m. Carried Unanimously Mayor Page 18 of 19 Page 34 of 737 City Council March 19, 2019 City Clerk Page 19 of 19 Page 35 of 737 R&C-2019-05 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2019-05 Elimination of Plastic Straws and Stir Sticks in City Facilities RECOMMENDATION 1. That the City of Niagara Falls eliminate the use and distribution of plastic straws and plastic stir sticks in all City owned facilities and at City events to complement the existing plastic beverage bottle ban. 2. That staff develop and recommend an implementation plan with input from stakeholders. 3. That staff create and implement an educational component to support the ban and raise awareness regarding reduction of all single use plastics. EXECUTIVE SUMMARY Single use plastics are a major source of litter and pollution in communities and waterways around the globe. In 2009, the City of Niagara Falls was a leader in taking action when City Council supported and implemented a plastic beverage bottle ban for all City facilities and events. Plastic straws are creating significant environmental issues worldwide and many communities and businesses are taking the necessary steps to reduce and eliminate their use. Eliminating the use of plastic straws and plastic stir sticks in all City owned facilities is a logical next step to support the or iginal plastic beverage bottle ban and to continue to reduce the use of single use plastics in Niagara Falls. The addition of an educational component to support the ban and raise awareness regarding the reduction of all single use plastics is recommended. BACKGROUND Single use plastics, or disposable plastics are items that are used once before they are thrown away or recycled. These items are things like some plastic bags, straws, coffee stir sticks, takeout food containers, water bottles, utensils, an d most food packaging. Many of these plastics are not recycled for a variety of reasons and are ending up in our oceans. Page 36 of 737 2 R&C-2019-05 April 9, 2019 Most sources estimate that the average person uses approximately 1.6 straws per day. Using this estimate, it would be equivalent to 58,736,000 straws used daily in Canada and almost 150,000 used daily in Niagara Falls alone. Plastic straws are not accepted in Niagara Region’s recycling program and should be thrown in the garbage. Unfortunately, the Region still receives plastic straws in the recycling program. Due to their small size, plastic straws fall through the sorting screens and contaminate other streams of recyclable materials. This contamination can reduce the productivity of the recycling facility with mechanical jams; as well as decrease the efficiency of the sorting equipment. Plastic straw contamination of the recyclable commodities can lower the revenue received by the Region for accepted materials. More and more cities and countries worldwide are moving towards establishing by-laws to ban single use plastic bottles, bags, and straws. Recently, several major companies have pledged to eliminate plastic straws which have led to considerable media coverage. Locally, the City of St. Catharines at its January 14, 2019, Council Meeting banned the sale and use of plastic straws and stir sticks at City facilities. In addition, Brock University and Niagara College are investigating alternatives to plastic straws. In 2009, with the support and recommendations of the Park in the City Committee and the Mayor’s Youth Advisory Committee, the City of Niagara Falls implemented a ban on the sale of water in plastic bottles at city facilities. Recently, both Committees have reiterated their support for the elimination of single use plastics in city facilities. On Wednesday, September 12, 2018, and reconfirmed by newly appointed Committee on Wednesday, March 27, 2019, the Park in the City Committee made the following motion: IT WAS MOVED BY Michal Lukac, second by Frank Fohr, that the Park in the City Committee supports a ban of plastic straws and stir sticks at all City facilities. The committee encourages that staff implement an educational component to compliment the ban. Motion Carried On Wednesday, March 6, 2019 the Mayor’s Youth Advisory Committee made the following motions: IT WAS MOVED BY Jade Bilodeau, seconded by Salony Sharma, that the Niagara Falls Mayor’s Youth Advisory Committee supports a ban of plastic straws and stir sticks at all City facilities. Further, THAT the committee work in partnership with staff to create and implement an educational component to compliment the ban and begin to look forward regarding the reduction or Page 37 of 737 3 R&C-2019-05 April 9, 2019 elimination of other single use plastics at City Facilities including items such as plastic cutlery and bags. Motion Carried IT WAS MOVED BY Vanessa George, seconded by Ann Sony, that the Niagara Falls Mayor’s Youth Advisory Committee reach out to the District School Board of Niagara, Niagara Catholic District School Board, French Catholic School Board, and French School Board to recommend the implementation of environmental initiatives to greatly reduce or ban the use of single use plastics at all schools. Motion Carried ANALYSIS/RATIONALE Single use plastics are creating a significant environmental impact. The City of Niagara Falls led the way locally with the ban of plastic beverage bottles a decade ago. The City can further contribute to reducing the use of plastics by adding plastic straws and plastic stir sticks to this ban. An educational component is important to ensure that stakeholders and individuals understand the reasons behind the ban. Plastic straws can be replaced with compostable straws made out of paper, hay, or other compostable materials. Consumers can also choose to forego the straw or bring their own reusable straw made of stainless steel, glass, bamboo etc. Plastic stir sticks can be replaced with wooden stir sticks, reusable spoons, or customers can choose to forego the use of a stir stick. The development of an educational campaign will help to ensure that the reasons for the plastic bottle ban and straw/stir stick ban are understood. All City departments should receive the information to ensure that the departments lead by example by ensuring that items such as bottled water, plastic cutlery, polystyrene plates and cups, and other single use plastics are not used at any meetings, events, or social gatherings. The campaign will encourage individuals to think about their plastic use at all times . Educated individuals will help support the elimination of single use plastics by demanding alternatives. Staff will meet with the stakeholders at Oakes Park, Ker Park, EE Mitchelson Park, Kalar Sports Park, Gale Centre, and the MacBain Community Centre to discuss and develop an implementation plan. FINANCIAL/STAFFING/LEGAL IMPLICATIONS User groups will be consulted to determine if any further appropriate action is needed to take place in order to support their existing concession operations with the transition from plastic to non-plastic supplies. Page 38 of 737 4 R&C-2019-05 April 9, 2019 If requested, the Park in the City Com mittee is able to supply user groups operating concessions within City facilities a starter kit of paper straws and wooden stir sticks at the start of the transition period. Non-plastic supplies of stir sticks and straws are easily accessible to purchase through local retail outlets. For example a box of 1500 paper straws can be purchased for approximately $50.00. Other supplies affected by the ban, including tetra packs with plastic straws may be replaced with canned juice containers purchased from local retailers. CITY’S STRATEGIC COMMITMENT As per the City’s Strategic Priority, Healthy and Safe Community, we are committed to supporting a high quality of life and contributing to the well -being of residents and visitors by ensuring a healthy, safe, and secure community. Continued reduction of the use of single use plastics will lead to less litter in our community and waterways and will contribute positively to the environment. Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 39 of 737 R&C-2019-07 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2019-07 Cultural Hub & Market Architectural, Operating & Business Plan RECOMMENDATION 1. That Council approve the design of the cultural and market facility. 2. That Council approve the finalization of the construction drawings and direct staff to commence with the tendering process. And that staff report back to Council with the tender results. 3. That Council direct staff to apply for the Infrastructure Funding: Culture and Recreation stream, Heritage Canada: Cultural spaces Canada Fund and othe r related provincial and federal infrastructure grants. And to authorize the Mayor and City Clerk to execute the required documents on behalf of City Council. 4. That Council receive the Operating and Business Plan Report for the cultural and market facility. EXECUTIVE SUMMARY On February 14, 2017, City Council approved the City’s 2017 capital budget. One of the approved projects was the development of a new facility that would accommodate a Cultural Hub and new Farmers’ Market space in the Main & Ferry area. The first step to develop the new facility was to conduct a stakeholder and community consultation. The City hired dtah to consult with the community, and conduct seven stakeholder meetings and an online survey to collect ideas for the direct ion of the facility. The study, conducted in two phases (community consultation and concept plan), included market, operational, financial, economic and social impact analyses of a multi-use facility that would house exhibition space, farmers market, administrative offices, classrooms/studios/presentation/rehearsal spaces, public spaces and green spaces. Two public meetings were conducted to develop a concept that includes a café, artist studio, tool library, learning spaces, a market hall and a robust landscape that can accommodate public art, events and other shared public activities. Report R&C-2017- Page 40 of 737 2 R&C-2019-07 April 9, 2019 16 provided the details of these plans and the report was approved as recommended unanimously. At the December 12, 2017 City Council meeting the 2018 capital budget was approved unanimously and supported finalizing the architectural drawings for the cultural facility, developing a branding package for the facility and determining the operating and business plan for the facility. The Cultural Hub & Farmers’ Market (CHFM) Steering Committee has been working alongside the consultant firms, dtah, Entro and 360 Collective Consulting to examine all aspects of the site. A full understanding of the functions, costs and operations of the new facility will confirm that it is of the appropriate scale and necessary composition for this valuable new asset to be successful . This report provides the details of those plans. The Hub was a major piece of the 2015 Cultural Plan. It is a key component drawn from that plan to be a central place for the community to come together , and a space to facilitate creativity through a multi-disciplinary approach. BACKGROUND This initiative originated from two separate reports to Council: 1) In March 2008, it was recommended that Council proceed with a new Farmers’ Market facility to replace the current building. At the November 17, 2008, City Council meeting, PD 2008-88 Council approved moving forward with a new Market facility, however, that project was put on hold at that time. 2) On April 28, 2015, City Council received the City of Niagara Falls Culture Plan that included the need to create a Cultural Hub for the community. With these two plans in mind, it was determined that a joint facility could utilize land already in ownership of the City, and create a space that meets the needs of both user groups. The location, in the Main & Ferry area is tied to the Culture Plan intent to put emphasis on two districts within the City when it comes to Culture – Main & Ferry and Queen Street. With the Farmers’ Market being located in Main & Ferry currently, with the acquisition of (former Serbian Cultural Centre) property on Main Street, with the support of the local BIA, and with the potential synergy that having this complex connected to the Niagara Falls History Museum, the Cultural Plan identified this area as being a preferred location for a Cultural Hub. Following several consultations with the public and stakeholders, Council accepted a report and presentation from dtah at the Council meeting of November 28, 2017 stating Page 41 of 737 3 R&C-2019-07 April 9, 2019 the results of that consultation and the resulting concept plan for the facility. This report was accepted by Council and approved unanimously. In 2018, the CHFM Steering Committee worked with dtah on the detailed design of the new facility. 360 Collective coordinated the Business and Operating Plan for the facility and conducted more consultations with stakeholders and potential partners. The resulting Business and Operating Plan, and the estimated costing for the construction of the facility as of January 30, 2019, are attached to this report. ANALYSIS/RATIONALE In order to provide access to healthy food and farm to table opportunities, a building to replace the current Farmers’ Market is much needed. At the same time, the lack of community places that are dedicated to creation, ideas and arts presentation in the city are lacking. The proposed facility will be a place where arts, arts creation and the community can come together, providing for a more engaged, involved and vibrant community. The design and plans presented for the Niagara Falls Cultural Hub/Farmers’ Market propose highly adaptable and durable interior and exterior spaces that reinforce Main & Ferry as a vibrant, all-season cultural precinct in the heart of Niagara Falls. Interior spaces will accommodate a range of modes and uses, and connect directly to the outdoors - animating the adjacent public spaces both day and night. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The operations of the facility were examined as part of the overall staffing contingency of the Cultural division of the Recreation and Culture Department. As a result, some shared staffing and efficiencies were identified. It is anticipated that the Recreation and Culture Department will add 3.5 full time equivalent positions (FTE) to the overall city complement in a variety of roles on the property, the approximate cost of $260,000. The site will also be hiring contract programming staff to assist with site needs in the workshop as well as evening and event support. The Operating and Business Plan anticipates the initial operational costs for this facility will be approximately $415,000. Based on 60% completion of the architectural plans, a Class B constructed cost estimate was conducted for the facility by A.W. Hooker. This report has a +/- of 15% accuracy and is meant to reflect the fair market value for the construction of the project. It is not intended to be the prediction of the lowest bid and should be representative of the median bid amount. This report also assumes that the structural components of the building would be constructed in pre-dominantly non-winter months. The report by A.W. Page 42 of 737 4 R&C-2019-07 April 9, 2019 Hooker anticipates a fair market cost of $10,533,000. A breakdown of all anticipated costs includes; Construction Budget $10,533,000 Permits and Approvals $40,269 Base Contract Consultant Fees $399,415 Other Consultants (survey, geotech, geothermal, archaeology) $73,000 Signage + Wayfinding Production (ENTRO) $60,000 FFE Allowance $434,000 Construction Contingency (6% of construction budget) $631,980 Subtotal Project Costs $12,171,664 HST (1.76%) $214,221 Total cost $12,385,885 Recreation & Culture staff has been in discussion with Heritage Canada with regard to their Cultural Spaces Canada Fund and this project appears to match well with their Cultural Spaces funding initiatives. The maximum contribution payable for an individual construction or renovation project is $15,000,000 or 50% of total eligible project costs, whichever is less for this Fund. Staff also intends to apply for the Infrastructure Funding: Culture and Recreation stream and other applicable provincial and federal infrastructure grant programs. It is also anticipated that some private sector funds may be allocated for this project through Section 37 contributions. City funds that will be allocated to the project are anticipated to come from the issuance of debentures. The life cycle is of the building is approximately 40 – 50 years with the loan period of the debenture term to be determined. Legal Services Legal Services undertook a title search for the surrounding private properties that may have been impacted by the City’s construction of a Farmer’s Market and confirmed that Page 43 of 737 5 R&C-2019-07 April 9, 2019 all properties will maintain vehicular access through existing easements or other mechanisms of legal access at the rear of their properties. In addition, Legal Services and Planning staff is currently preparing easement and right of way agreements with the neighbouring property at 5962 -5964 Main Street to provide and protect access to the loading facilities for both properties. CITY’S STRATEGIC COMMITMENT Strategic Priority, A Vibrant and Well planned City, Key Action: Continue to implement the recommendations from the 2007 Strategic Plan for the provision of Parks, Recreation, Arts & Culture. ATTACHMENTS 1. 360 Collective Operating and Business Plan 2. A.W. Hooker Cost Estimate Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 44 of 737 Niagara Falls Cultural Facility / Farmers’ Market Operating and Business Plan December 19, 2018 FINAL Three Sixty Collective John Archer, Chief Development Officer 99 Ivy Ave, Suite 100 Toronto ON M4L 2H8 647 339 9008 john@360collective.co A DAY IN LIFE BOB USHER LONDON COVENT GARDEN MARKET Page 45 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 2 of 72 TABLE OF CONTENTS 1. INTRODUCTION .................................................................................................................. 5 1.1 Background and Objectives ................................................................................... 5 1.2 Work Undertaken .................................................................................................... 10 2. SOCIO-ECONOMIC PROFILE OF THE IMMEDIATE TRADE AREAS ................................... 12 2.1 Population Growth .................................................................................................. 13 2.2 Age Profile ............................................................................................................... 13 2.3 10-Minute Walk Time Age Profile Change 2011 to 2016, (no. of individuals)..... 14 2.4 City of Niagara Falls Age Profile Change 2011 to 2016, (no. of individuals) ...... 15 2.5 Ethnicity and Immigration ...................................................................................... 16 2.6 Household Income and Housing Tenure............................................................... 16 2.7 Travel to Work .......................................................................................................... 17 2.8 Annual Household Expenditure ............................................................................. 18 2.9 Summary and Implications for the Facility ........................................................... 19 3. VISION, MISSION AND GUIDING PRINCIPLES ................................................................. 20 3.1 Vision ....................................................................................................................... 20 3.2 Mission ..................................................................................................................... 20 3.3 Guiding Principles ................................................................................................... 21 3.4 Ownership ............................................................................................................... 21 3.5 Governance ............................................................................................................ 21 3.6 Oversight ................................................................................................................. 22 4. BUSINESS PLAN: AREA/ ROOM ANALYSIS ...................................................................... 23 4.1 Café/Lounge ........................................................................................................... 23 4.2 Artists’ Studio Space ............................................................................................... 36 4.3 Farmers’ Market and Market Hall .......................................................................... 40 4.4 Woodworking Studio Space ................................................................................... 45 4.5 Programmed Events ............................................................................................... 47 5. MARKETING PLAN FOR THE FACILITY .............................................................................. 48 6. OTHER ISSUES – ACCESS SYSTEMS .................................................................................. 50 7. OPERATING BUDGET ........................................................................................................ 51 7.1 Budget Summary .................................................................................................... 52 8. ECONOMIC IMPACT OF THE FACILITY ............................................................................ 66 8.1 Areas of Economic Impact .................................................................................... 66 8.2 Indicators and Metrics for Success........................................................................ 67 9. SAMPLE AGREEMENTS ..................................................................................................... 68 9.1 MOU / Lease / License for Operations of Maker Space and Tool Library .......... 68 9.2 Lease of Municipal Space (or other) for Purposes of Operating a Café Workshop ............................................................................................................................ 68 9.3 MOU by Social Enterprise for Operations of a Café ............................................. 68 9.4 Shared Artist Studio Space Rentals (incl. reduced rental rates) ......................... 68 9.5 Artist in Residence Program Agreements ............................................................. 68 9.6 Room Rental Agreement ........................................................................................ 68 9.7 Market Vendor Agreements .................................................................................. 69 Page 46 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 3 of 72 9.8 Tool Library Membership and Waivers .................................................................. 69 9.9 Maker Space Membership and Waivers .............................................................. 69 9.10 Tool Library and Maker Space Volunteer Waivers ............................................... 69 9.11 Food Truck Application Forms ............................................................................... 70 9.12 Other Agreements .................................................................................................. 70 APPENDIX ................................................................................................................................ 71 ORGANIZATION of the FACILITY and MUSEUM PRECINCT .................................................... 71 Concept .............................................................................................................................. 71 Organization Chart and Position Descriptions.................................................................. 71 Page 47 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 4 of 72 DISCLAIMER This report is based on information and documentation that was made available to THREE SIXTY COLLECTIVE by the client at the date of this report. THREE SIXTY COLLECTIVE has not attempted to independently verify the information provided unless otherwise indicated. Should additional information be provided to THREE SIXTY COLLECTIVE after the issuance of this report, THREE SIXTY COLLECTIVE reserves the right (but will be under no obligation) to review this information and adjust its comments accordingly. Pursuant to the terms of our engagement in May 2018, it is understood and agreed that all decisions in connection with the implementation of advice and recommendations as provided by THREE SIXTY COLLECTIVE during the course of this engagement shall be the responsibility of, and made by, the City of Niagara Falls. THREE SIXTY COLLECTIVE has not and will not perform management functions or make management decisions for the City of Niagara Falls. This report includes or make reference to future oriented financial information. Readers are cautioned that since financial projections are based on assumptions regarding future events, actual results will vary from the information presented even if the hypotheses occur, and the variations may be material. Comments in this report are not intended, nor should they be interpreted, to be legal advice or opinion. STEERING COMMITTEE AND CONSULTANT MEMBERS Name Organization Steering Committee Clark Bernat Niagara Falls – Culture and Museums Manager Kathy Moldenahauer Niagara Falls – Director of Recreation and Culture Dale Morton Niagara Falls – Manager of Strategic and Corporate Initiatives Dino Fazio Niagara Falls – Arts, Culture, Museum Co Chair Laura Moffat Niagara Falls – Arts, Culture, Museum Co Chair John Barnsley Niagara Falls – Manager of Policy Planning Sam Valeo Niagara Falls – Chief Building Official Carmen Mignelli Niagara Falls – Building Services Serge Felicetti Niagara Falls – Business Development 360 Collective Team Consultants John Archer 360 Collective Greg Young TCI Management Jon Linton TCI Management Doug Tipple Creva Group Bob Usher GM London Covent Garden Market Pat Watt A DAY IN LIFE FOOD SERVICE Other members included Ken Todd, CAO City of Niagara Falls and Megan Torza, Partner, DTAH. Page 48 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 5 of 72 1. INTRODUCTION 1.1 Background and Objectives The City of Niagara Falls has identified its farmers market property and Niagara Falls Museum site in the Main and Ferry Street area as the ideal location for a cultural facility and revitalized farmers’ market (henceforth called the ‘Facility’1). The purpose of the Facility potentially would be to achieve several important strategic visions for the City of Niagara Falls. It will: • Create an enhanced Museum Precinct including the museum, Battleground Museum, Drummond Hill Cemetery, among other venues in the area. • Provide artists and cultural providers with affordable work and creation space, thus providing an impetus to help promote the City’s new and established artists with a venue to grow and promote local arts and culture. This will in effect provide retention and expansion opportunities for local Niagara Falls artists. • Help retain the City’s and region’s youth who are interested in arts and culture with educational and career development opportunities. • Assist local farmers, growers, and others in the agri-food sector by providing a venue for them to promote local foods. • Work towards meeting the City’s objective of promoting culture and the creative economy as a key contributor to local and regional economic growth. • Serve as a facility primarily oriented to residents of the City and the region. • Be a vibrant, successful development that will help stimulate the Main and Ferry area as well as the City itself. This study follows the Cultural Hub/Farmers’ Market Needs Assessment and Concept Plan, undertaken by DTAH Architects Limited, in February 2018, that was based on consultations with the local cultural and farmers' market community to determine the overall feasibility, needs, and direction of such a facility. The study explored different site configurations and resulted in a building program and recommendations to form the basis of the concept architectural design of the Facility. The preferred design approach was for the development of a new conjoined two-storey building with a one- storey building totalling approximately 14,000 SF Gross Floor Area excluding the basement portion. This will house the Farmers’ Market and Market Hall in a wing facing Sylvia’s Place, as well as several activities designed to support the cultural elements including Artists’ Studio Space, an anchor café/lounge, and Woodworking Studio Space in order to promote flexible use of the site as much as possible. The building will work in conjunction with the entire Museum Precinct including using the museum theatre space for meeting, workshop, and classroom space (see the site map below). The February DTAH study also made extensive recommendations about the outdoor space: how it can be activated, as well as the supporting landscaping program components. 1 Note that the original name for the development was the ‘Niagara Falls Exchange’ which is the label on the DTAH drawings. Page 49 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 6 of 72 Following a competitive tendering process, in May 2018, the City of Niagara Falls engaged the Three Sixty Collective Team to prepare an Operating Plan and a Business Plan for the concept of a Cultural Hub and Farmers’ Market in Niagara Falls, Ontario. The study would include marketing, operational, financial and organizational requirements to operate the multi-use facility as envisioned by DTAH described above. The Three Sixty Collective Team developed an initial Operating and Business Plan for the Facility based on the original DTAH Concept Plan and design which had been accepted by the City. Following the submission of the original Operating and Business Plan, in July, the City decided to reconceptualize the Facility taking into account its relationship to the entire Museum Precinct including the museum, Battleground Museum, Drummond Hill Cemetery, among other venues in the area. In August 2018, a meeting with the City, stakeholders, DTAH, and the Three Sixty Collective Team led to a further refinement of the space configuration and uses at the Facility. As a result, the Operating and Business Plan was further modified to focus on the Facility within the entire Museum Precinct illustrating the incremental revenues and expenses associated with the Facility from a precinct -wide perspective. This report focuses solely on the operating and financial implications of the amended design on the Facility itself (and not other venues) within the overall Museum Precinct. The original DTAH recommended building program as outlined in the February 2018 report as well as the updated space configuration agreed upon at the August 2018 meeting are shown below: Facility Space Configuration Original February 2018 Revised August 2018 Market Hall incl. storage 3,000 SF 3,952 SF Café/Lounge 1,350 SF 1,798 SF Artist Studios 2,150 SF 3,705 SF Woodworking Space 1,000 SF 1,110 SF Tool Library 600 SF Removed Basement Storage n/a To be used by the Facility only Multipurpose Rooms 1,075 SF Removed from the Facility Total 9,175 SF 10,565 SF Notes: • Support spaces include washrooms, administrative office space, storage space for furniture and utilities • Multipurpose activities and programming will utilize the café, existing museum theatre, and Market Hall space. • The basement storage would not be used for artist or member works but for the facility storage (e.g., tables, chairs, tents, etc.) Page 50 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 7 of 72 Museum Precinct – Cultural Hub and Farmers’ Market Facility, DTAH Page 51 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 8 of 72 Ground Floor Layout – Cultural Hub and Farmers’ Market Facility, DTAH Page 52 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 9 of 72 Second Floor Layout – Cultural Hub and Farmers’ Market Facility, DTAH Page 53 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 10 of 72 1.2 Work Undertaken The Three Sixty Collective Team undertook the following tasks to develop the Operating and Business Plan for the Facility. • Reviewed documentation including the DTAH Needs Assessment and Concept Plan • Met with DTAH to review the Needs Assessment and Concept Plan • Compiled socio-economic profile analysis of the local market including residents and households using Statistics Canada, 2016 Census and Environics Estimates for 2018 data • Attended regularly scheduled meetings with the Steering Committee to review study progress and plan next steps (four meetings in total) • Reviewed vision, mission and guiding principles developed by the Steering Committee to obtain an understanding of the City’s and users’ goals and philosophy associated with the development. • Reviewed the ownership structure and organizational model associated with the development and its components • Conducted targeted research on the various components proposed to be included in the development (e.g., culture centre, Artists’ Studio Space, farmers market, Woodworking Studio Space, café/lounge, events potential, etc.) in order to determine likely operating parameters, revenues, costs and requirements of each of the components. This research included: • Reviewed comparable spaces and organizational models in other jurisdictions through interviews, documentation, and website reviews • Reviewed comparable local City-owned and other facility rental spaces • Interviewed potential users and managers of the facilities (e.g., artists, craftspersons, cultural providers, events programmers, etc.) • Reviewed documentation potentially useful to the Facility from other best practice organizations, e.g., lease agreements, liability waivers, volunteer waivers, etc. • Interviewed stakeholders potentially associated with the development including artists, culture producers, craftspersons, event organizers, space programmers, etc. • Developed an Operating Plan on a room by room (or operating component) basis. Page 54 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 11 of 72 For each component, these plans included relevant information with regard to: • Goals • Client segments • Space parameters • Hours of Operations • Operations management issues • Activities and events • Special cost considerations • Revenue and expense analysis • Revenue contribution to the Facility • Marketing considerations • Developed a 5 Year Financial Model using projected operating revenues and costs associated with the Cultural Hub and Farmers' Market components of the development for each functional unit within the Facility, as well as reviewed the direct and indirect costs of operating the development itself. • Developed a preliminary Communications and Marketing Plan associated with the development. • Refined the Operating and Business Plan based on a revised concept with the City, stakeholders, and DTAH as well as staffing model as proposed by the City. • • Reviewed the economic impact in qualitative terms associated with the facility based on its construction and ongoing operation. Page 55 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 12 of 72 2. SOCIO-ECONOMIC PROFILE OF THE IMMEDIATE TRADE AREAS Trade areas for the Facility site within the Museum Precinct were established to review the socio-economic profile of the local residents and households. These included: • 5-minute walking distance • 10-minute walking distance • City of Niagara Falls • 30 Minute Drive Time - Niagara Region, Eastern Section (east of Vineland) the Facility 5 and 10 Minute Walking Distance Source: Statistics Canada, 2016 Census, 2011 Census, and Environics Estimates for 2018 Page 56 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 13 of 72 2.1 Population Growth 5 Minute Walk Time 10 Minute Walk Time Niagara Falls 30 Minute Drive Time* Population 2016 1,700 6,499 88,075 384,409 Annual Growth Rate 2011 to 2016 1.7% 0.3% 1.2% 0.7% Persons Per Household 2.1 2.1 2.4 2.3 Daytime Worker Population 962 5,732 37,213 148,282 Source: Statistics Canada, 2016 Census, 2011 Census, and Environics Estimates for 2018 * excludes US population Findings: • There has been high population growth in the immediate area surrounding the Facility from 2011 to 2016. • There is a sizeable workforce of over 5,700 workers within the 10-minute walking distance including Niagara Region and hospital staff. 2.2 Age Profile 5 Minute Walk Time 10 Minute Walk Time Niagara Falls 30 Minute Drive Time 0 to 9 9% 10% 10% 9% 10 to 19 9% 9% 11% 11% 20 to 29 16% 14% 12% 12% 30 to 39 11% 12% 12% 10% 40 to 49 12% 12% 13% 12% 50 to 59 17% 16% 16% 16% 60 to 69 13% 13% 13% 14% 70 + 11% 12% 14% 15% Median Age 43.2 43.4 44.9 46.2 Source: Statistics Canada, 2016 Census, 2011 Census, and Environics Estimates for 2018 Findings: • Compared to elsewhere in the City of Niagara Falls and, in the region, there is a younger adult age profile (ages 20 to 29) in the immediate area. However, the average age profile is slightly younger for the immediate area than for Niagara Falls. • There is a high proportion of young families with children living nearby • The senior population is high but proportionately lower than elsewhere in the City and region. It was noted that some hotels had been converted to seniors’ homes and income assisted (affordable) housing. Page 57 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 14 of 72 2.3 10-Minute Walk Time Age Profile Change 2011 to 2016, (no. of individuals) Source: Statistics Canada, 2016 Census, 2011 Census, and Environics Estimates for 2018 Findings: • There is an aging resident profile which follows the national trends of an aging baby boomer population; this is reflected in the fact that additional seniors’ housing is being developed nearby. • There is a slight increase in the number of young adults but significant growth in the number of young children (under age 10) living within a 10-minute walk time. 0 200 400 600 800 1,000 1,200 0 to 9 10 to 19 20 to 29 30 to 39 40 to 49 50 to 59 60 to 69 70 + 2011 2016 Page 58 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 15 of 72 2.4 City of Niagara Falls Age Profile Change 2011 to 2016, (no. of individuals) Source: Statistics Canada, 2016 Census, 2011 Census, and Environics Estimates for 2018 Findings: • The City of Niagara Falls has a high senior age profile. A high proportion of the residents are over 50 years of age. Since 2011 this has increased in line with both the aging baby boomers in the City and as retirees and older families move into the area. • There is a slight increase in the number of young families (20 to 39 year olds combined with children under 10 years of age). 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 0 to 9 10 to 19 20 to 29 30 to 39 40 to 49 50 to 59 60 to 69 70 + 2011 2016 Page 59 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 16 of 72 2.5 Ethnicity and Immigration 5 Minute Walk Time 10 Minute Walk Time Niagara Falls 30 Minute Drive Time Visible Minority 16% 14% 13% 10% Non-Canadian Population 11% 8% 5% 4% 1st Generation 27% 23% 22% 19% 2nd Generation 19% 20% 24% 22% 3rd + Generation 54% 57% 54% 59% Source: Statistics Canada, 2016 Census, 2011 Census, and Environics Estimates for 2018 Findings: • Overall, the City has a relatively low visible minority population. • There is a higher proportion of visible minorities in the immediate trade areas as well as a higher proportion of first-generation Canadians and non-Canadians compared to elsewhere in the City and the region. • This higher diversity in the immediate trade areas may have implications regarding the types of goods and service available, and events held, at the Facility. 2.6 Household Income and Housing Tenure 5 Minute Walk Time 10 Minute Walk Time Niagara Falls 30 Minute Drive Time Average Household Income $52,267 $55,285 $75,678 $78,447 Own/Rent 44% / 56% 53% / 47% 72% / 28% 72% / 28% Occupation Labour Force Participation Rate 56% 61% 62% 60% Management, Business, Admin 16% 17% 20% 23% Science Related 5% 3% 4% 4% Health Related 6% 5% 6% 7% Education, Government 2% 4% 9% 10% Arts, Culture, Recreation 4% 2% 2% 2% Sales and Services 46% 45% 38% 30% Other Blue Collar 17% 21% 19% 20% Source: Statistics Canada, 2016 Census, 2011 Census, and Environics Estimates for 2018 Findings: • Household income in the immediate trade area and within 10-minute walking distance is quite low compared to the rest of the City and the region. • The labour force participation rate is lower than elsewhere in the City. • There is a high proportion of workers in the City who work in sales and service. Within the immediate trade area, this proportion is very high. • There is a sizeable blue-collar workforce in the City. • Although small in percentage terms, compared to elsewhere in the City, there is a much higher proportion who work in arts, culture, or recreation. Page 60 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 17 of 72 • There is a very low proportion in the immediate trade area who work in education or government-related fields. 2.7 Travel to Work 5 Minute Walk Time 10 Minute Walk Time Niagara Falls 30 Minute Drive Time Vehicle 65% 74% 90% 90% Public Transit 7% 6% 3% 3% Walk 27% 19% 5% 5% Bike 1% 1% 1% 1% Other 0% 0% 1% 1% Source: Statistics Canada, 2016 Census, 2011 Census, and Environics Estimates for 2018 Findings: • Local area residents in the immediate trade area are very reliant on walking to get to work. The proximity of the Falls and associated occupations at eating establishments, tourism activities, accommodations, etc. makes this Main and Ferry neighbourhood community accessible for workers with limited access to transportation options. • The nature of the hospitality industry including shift work and late hours (as well as early hours) means that public transit often is not a viable option. As a result, many of these workers try to find housing within walking distance of their workplace. Page 61 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 18 of 72 2.8 Annual Household Expenditure 5 Minute Walk Time 10 Minute Walk Time Niagara Falls 30 Minute Drive Time Local Neighbour Goods Food from Grocery Stores $4,635 $5,356 $7,255 $7,281 Alcohol Purchased from Stores $894 $872 $1,307 $1,366 Retail Merchandise Workshop Equipment $57 $54 $109 $115 Art Supplies $12 $11 $19 $19 Books $140 $133 $195 $199 Artwork $35 $26 $53 $56 Photography $27 $23 $49 $50 Collecting (memorabilia, dolls) $16 $10 $14 $14 Food Services Dinner at Restaurants $1,165 $1,323 $1,940 $1,998 Lunch $537 $639 $949 $977 Breakfast $206 $253 $331 $343 Snacks and Beverages $414 $453 $558 $554 Alcohol Serviced on Premises $342 $317 $483 $502 Services Movies $51 $36 $44 $44 Performing Arts $16 $21 $66 $73 Museums $17 $13 $22 $23 Recreation Memberships $104 $96 $200 $211 Source: Statistics Canada, 2016 Census, 2011 Census, and Environics Estimates for 2018 Findings: • Due to the lower annual household income of the immediate trade area households, they generally spend less than other households in the City and the region. • However, proportionate to their budget, households in the immediate areas spend more on: o Movies o Collecting o Museums o Snacks and beverages o Alcohol served on premises o Books o As well as food from grocery stores and alcohol purchased from stores Page 62 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 19 of 72 2.9 Summary and Implications for the Facility The review of the socio-economic profile of the immediate trade areas reveals the following in terms of implications for the Facility: • There is a significant daytime resident population of nearly 6,500 individuals who live within a short (10 min.) walking distance of the Facility, and who would be able to easily access goods and services provided at the Facility (farmers’ market days for food, visits to the café, attendance at special events). This local population is interested in visual arts, movies/cinema, literature, culture, collecting, and food. In addition, there is a growing base of newcomers to the area that are more culturally diverse and will add to the identity and character of the City. • Further, there is a large workday population of nearly that size (nearly 6,000 workers) who are also within easy walking distance, augmenting this potential farmers’ market as well as other activities such as the Cafe/Lounge. • There is a higher proportion of young adults (in the 20 to 29 age bracket) who may be more likely to utilize the artisan facilities (Artists’ Studio Space, Woodworking Studio Space) at a formative stage in their careers when they may be more likely to need lower-cost space and facilities. In addition, there is a sizeable and growing number of young retirees with increased time to spend on leisure pursuits such as art and woodworking. • Individuals and households living within the 10-minute walking radius of the Facility have significantly lower incomes than the City overall, and thus are more likely to need and use certain of the facilities such as the Woodworking Studio Space, and possibly, the Artist Studio Space. They need the ability to have access to quality food as well given their limited mobility options. • A higher percentage of those living within a very short distance (5 minutes’ walk) have arts, culture and recreation careers (double the City average) and thus are possibly more likely candidates for the Facility operations – particularly the Woodworking Studio Space, and Artists’ Studio Space. The immediate demographic environment thus seems very supportive to the Facility concept. Page 63 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 20 of 72 3. VISION, MISSION AND GUIDING PRINCIPLES The following descriptions reflect our current understanding of the strategic positioning of the Facility. 3.1 Vision A Collaborative and Creative Centre for Arts & Culture in Niagara Falls. • Locally oriented – for the residents, local artists, local makers, local farmers, culinary, local vendors, etc. as well as visitors • Makers space - space dedicated to creative making – farmers, crafts, woodworkers, artists, filmmakers, culinary, etc. • Hybrid model that both enables users to develop activities and programs as well as management that curates its own activities and programs • Add to the positive vibe of the neighbourhood • Gathering space – for local Niagara Falls residents to come together, and allows for maker collaboration (work together, mentoring, education, training, social, etc.) • Complement museum programming such as the Thursday night concerts • Users of the space are to enter into a contract with the building to participate in future shows or give back in terms of providing education, training, mentoring, etc. • Keywords are arts, culture, experience, engagement, collaboration 3.2 Mission The ‘Facility' is a welcoming place for artists, makers, creators, and community to create and connect • Who are you? – a public space for residents to create • Whom do you serve? – the people of Niagara Falls • What do they need? – Interesting space to create and connect • Why we do it? – to provide the community with a safe public space that encourages creativity • How do you serve? – with accessible space • Why? – to create a vibrant community Page 64 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 21 of 72 3.3 Guiding Principles The Operating and Business Plan for the Facility should align with two of the City’s Strategic Goals including (1) Economic Growth and Prosperity and (2) Vibrant and Well- Planned City. In addition, the Operating and Business Plan needs to be integrated with the entire Museum Precinct. Based on these two overarching goals, the guiding principles for the Facility include: • Support (enable) artists, makers, food producers/makers to prosper and grow economically by providing a high-quality space for them • Create a vibrant atmosphere for people to gather, collaborate, and socialize • Seek to maximize efficiencies • Create a space that will be: accessible, safe and welcoming • Draw sustenance from the local: what takes place at the Facility should be based on what we make, bake and grow with emphasis on the City of Niagara Falls and the 160-kilometre principle2 • Develop an expansive understanding of the arts: to include the visual, performing, literary arts and also the folk arts and culinary arts • Value art and artists for the sake of strengthening and enriching the fabric of our community • Create an environment of value and respect 3.4 Ownership • All land contemplated for the development is owned by the City of Niagara Falls including the parking lot that the Region uses for its employees • The City is not planning on selling or buying any land for purposes of this report 3.5 Governance • The Facility will be managed by the City of Niagara Falls Recreation and Culture Department • In the future, the City could turn the management over to an incorporated non- profit, but this is not contemplated in the financial analysis in this Report 2 Based on the social-economic movement that advocates buying locally grown food, typically within a 100 mile radius. Page 65 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 22 of 72 3.6 Oversight • No separate board of directors, advisory board or Committee of Council is envisioned • There may be a sub-committee advising on specific issues – for example, a committee to review applications for the allocation of space • The Facility and Museum Precinct would work with the City’s Culture Advisory Committee • Individual spaces including the Artist Space, Woodworking Workshop, and the Market Hall would be managed and overseen by the City. This may change in the future. Page 66 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 23 of 72 4. BUSINESS PLAN: AREA/ ROOM ANALYSIS Each of the activity areas or rooms were analyzed for the business plan analysis. 4.1 Café/Lounge 4.1.1 Goals • Provide a quality, good value and locally sourced menu where the Niagara Falls population can meet and enjoy a neighbourhood environment. • Designed to encourage a Hub type atmosphere for all ages and community groups to come together over food and beverage. • Will be an extension of the event aspect of the Facility with the capability of providing a small venue for live and DJ music for all ages as well as other programmed activities/events, workers, makers, and creative people. • Ensure that there is some business activity during main hours if makers or visitors come to the site (psychologically a visitor knows that at least the café will be open if he or she wanted to visit the site and see what was happening). • Add to the makers aspect of the vision by having locally made and locally sourced products (exception would be a coffee roastery and tea). • Include aspects of a demonstration kitchen in the design that can be used for programmed events. 4.1.2 Management Options • There are three major options for operating/managing the Café space o Social Enterprise – for example, John Howard Society and Stamford Collegiate. o Lease Agreement with another organization – e.g., local area entrepreneur, private sector, or non-profit organization. o City/the Facility – Culture Coordinator staff. • There is a fourth option which is a hybrid model of the Lease Agreement management but with stipulations put in the agreement that they use and work with social enterprises such as the John Howard Society. • Pros and cons of each management model include the following: Page 67 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 24 of 72 Café/Lounge Management Model Pros and Cons Pros Cons Social Enterprise (e.g., John Howard Society with Stamford Collegiate • If partnered with John Howard and Stamford Collegiate – there are established models for how to run this type of business successfully including food operations • Recommend that the Facility only partner with an agency that has in-depth experience running an eating establishment • Would be able to receive grants and funding for training and staffing expenses to offset operating costs or other crowdfunding programs • May enter into a profit-sharing model to pay rent (However, it is very unlikely the café would generate a profit) • Will tend to keep hours of operation limited due to the extra staff oversight cost and safety issues at night resulting in the café not being open as much as the Facility would prefer • May run into conflicts if there is alcohol at an event on-site or potentially sold at the Cafe/Lounge • May require additional security and oversight • Kitchen fit-out, furnishings, and fixtures would need to be provided by the Facility capital budget • Limited catering sales • Limited menu • Limited programmed events Lease Agreement • Would be professionally run with longer operating hours • Allows a local business entrepreneur or non-profit to test market with new ideas • May allow for a business to incubate out if successful (e.g., Starbucks at Pike’s Place) • If managed successfully, could develop art specific programming at the entire facility and not just in the café space • Able to access grants for hiring disadvantaged staff and other programs • Access to skilled culinary and product development • Inherent incentive to bring maximum traffic to the Facility at all operating hours. • Local rents are low and there are currently high vacancy rates. • A significant tenant improvement allowance would likely need to be offered. • The City of Niagara Falls has an abundance of eating establishments due to the high tourism factor making it extremely competitive for eating establishments • Local entrepreneur or non-profit may deem it too difficult to work with the City at the Facility rather than renting a space privately elsewhere in the City (it was noted that the café would not be part of the City’s concession program at other venues such as the arenas) • This location would probably be a café’s second or third location, so it may not be a “flagship” type location Page 68 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 25 of 72 City / the Facility • Centralized room booking for the Artist Studio Space, Woodworking Studio Space, museum meeting room rentals, and café space rental could be performed with the same staff thereby avoiding duplication of staffing and creating operational efficiencies • Ensures café adheres to the vision and principles established for the Facility • Any profits generated would flow back into the programming and operations of the Facility (e.g., owners of Distillery District in Toronto operate many of the eating establishments) • Able to develop, manage or control its own program events • Catering would be in-house reducing event expenses if only paying wholesale costs • Would be able to receive grants and funding for training and staffing expenses • Can be entrepreneurial with quick market reaction with proper hiring of manager • Requires staff to have expertise in not only the operation of the cultural facility but also food services, health and safety procedures, staffing, etc. and may stretch limited staffing resources too much • May operate at a significant loss which would need to be covered by the operating budget • May be viewed as unfair competition by other eating establishments in the area if it is subsidized Hybrid Model – Lease Agreement (or Hub management) operates with required partnership with social enterprise • May be able to achieve multiple objectives of a professionally managed café space with programmed events and work with social enterprise • Could be a training centre for Niagara College Canadian Food and Wine Institute • May require additional oversight by the City to ensure the café is adhering to the agreed upon rules and how to enforce the rules and penalties if they are not adhered to Page 69 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 26 of 72 4.1.3 Hours of Operation Following are key considerations for the hours of operation for the Facility. • Based on the local population eating and drinking expenditures and the location, there is not likely to be a big demand for breakfast at this site. The site would be best positioned for snacks (morning and afternoon coffee with baked goods), lunch and a light and reasonable dinner offering (lunch and dinner menu can be the same). This matches the museum visitation hours. • An exception would be the farmers’ market day; the Cafe/Lounge should open at 7 AM, where there may be some demand for breakfast. • Whether the café is City / the Facility managed or is a Lease Agreement, it should still be managed in an entrepreneurial fashion with hours that match demand – hours would vary during the week. • Recommended core hours of operation should be: Monday to Wednesday (10 AM – 8 PM); Thursday to Friday (10 AM – 10 PM maybe later; Saturday (7 AM – 10 PM); and Sunday - possibly closed or open just for brunch from 10 AM – 3 PM. 4.1.4 Client Segments Key client segments include: • Local service and sales workers and neighbourhood residents including some commuting traffic would be key target market segments. • A less important market segment would be makers and visitors who visit the Facility (for events, browse artists, visit museum, visit farmers’ market, yoga, movie, etc.) from the entire Museum Precinct – However it is important to note that this is a secondary market - the café cannot sustain a viable revenue stream from this target market. • If a Lease Agreement is entered into with an outside organization, the team would be able to develop a calendar of events to draw visitors to the café and the Facility through programmed activities (note that the social enterprise model would not be able to develop a similar programmed event schedule and would rely on the Facility’s own programming). However, as noted above, relying on attendees to programs will be supplemental revenue and not a core base of the café revenue. 4.1.4 Space Parameters The main space parameters include: • Ground level of Cultural Building facing plaza on Main Street • Opportunity to use plaza for outdoor seating in the summer as well as programmed events • Dual access from plaza and from inside the building • Total area: 1,798 SF • Number of seats – based on industry metric of 13 to 15 SF/ seat, allowing for production space this café will seat at least 60+ people • Number of outdoor seats – depending on configuration, it should be possible to have at least 40 seats outside • Space could be reconfigured at different times to allow for art shows, performances, movies, kitchen demonstrations, etc. Page 70 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 27 of 72 4.1.5 Other Key Activities and Programmed Events Following are a number of possible activities and events that could occur on the site. • Have places for co-working to occur on site • Singers/concerts Thursday and Saturday • Karaoke Wednesday • Game night Sunday • Book club, poem night, speaker series (get to know your HUB members) Thursday (once a month for each) • Comedy Tuesday • Yoga, Pilates, Tai Chi, etc. in the plaza in the morning and/or early evening • Movie nights inside winter and outside in summer (repertoire moves- e.g., art- themed movies) • Art shows or artwork on the walls of the café (some may charge a commission on sales) • Culinary classes and workshops • Kitchen cocktail type events (or local food / wine / beer pairing events) • Corporate events and off-site convention venue • On-site and off-site catering • Merchandise – t-shirts, mugs, posters Note: Under the Lease Agreement management option, the lessor organization would be able to develop and run these types of programmed activities and events. Under the social enterprise and City / the Facility managed options, these activities would all be programmed and managed by City / the Facility management. 4.1.7 Special Capital Cost Considerations, Venting, etc. – based on fully equipped cooking kitchen Following are key capital cost considerations for a fully equipped kitchen. • Demonstration kitchen • Service counter for carry out service including coffee. • Internet broadband and Wi-Fi (on its own or through the Facility) • Bluetooth connectivity • Audio/video capabilities for small performances, movies, open mic nights, etc. • Multiple plugins, electrical outlets throughout the seating area • Space built to baffle sound and reduce noise • Base building requirements supplied by the City / the Facility in all management options include: o 10–16-feet cooking exhaust hood (estimate 3000–4000 CFM) o Make up air system (80% of cooking exhaust hood CFM) o 208 / 240-volt electrical capacity for dishwasher or food prep equipment; a series of NEMA 5-20 receptacles at all counters and in the presentation area o Designated hot water supply (140ºF) o Grease interceptor for pot sink / ware washing o Wall finishes to be smooth and easily washed down o Stainless steel wall finish behind hood from floor to bottom of exhaust hood o Secured storage area Page 71 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 28 of 72 o Waste sorting and holding. o Full HVAC for seating area • Some base kitchen equipment supplied by the City / the Facility for all management models would be: o Two-door reach in cooler and separate freezer o Stainless steel prep sink o Hand-washing station o 3-well pot sink o Commercial dishwasher with ventilation • Other equipment that may also be supplied by the City (on behalf of a Facility-run or social enterprise run model) or alternatively would be supplied by the Lease Agreement operator include: o Convection oven (gas) o 6-burner cooking range (gas) o Flat grill o 20-quart mixer and small-food processing equipment o Fryer – optional o Proofer/ warmer - optional o Walk-in refrigerator (freezer) - optional • The café/lounge vendor/tenant should be responsible for: o Cooking equipment o Prep tables, mobile stainless tables, storage and pan racks o POS o Display cases o Millwork o Wall décor and specific finishes o Exterior and interior signage o Furniture, furnishings o Small wares o Operating products 4.1.8 Revenue and Expenses for Café Projecting café revenue for the four options will be difficult and varies depending on each option. • The social enterprise venture café revenue could generate $100,000 to $200,000 annually based on limited menu items, lower priced items, no alcohol sales, and limited hours of operation. • The Lease Agreement model has higher revenue based on an extensive menu, competitive pricing, alcohol sales, longer hours of operation, and the ability to program space to draw customers for events. Revenues could reach $450,000 + annually within five years. Page 72 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 29 of 72 An analysis of local rents in the area yields the following. Private Sector Local Retail Rents in Main and Ferry Area Address Size (Sf) Rent / Sf 6065 Main St. 400 $21 – gross 6458 Allendale 500 $12 6360 Lundy’s Lane 3,600 $20 – gross 6474 Lundy’s Lane 2,630 $18 – gross 6566 Lundy’s Lane 1,400 $22 – gross 5762 Stanley Ave 500 $11 - net 5846 Drummond Rd 1,667 $17 - net 6710 Drummond Rd 864 $10.50 plus $6.50 TMI 6689 Drummond Rd 12,000 $20 - gross Net rents are in the range of $10 to $14/SF Potential Revenue Contribution to the Facility: Three Options 1. Social Enterprise Managed: $0 2. Lease Agreement Managed: based on 5% to 8% net rent on sales which would be equivalent to $10,000 to $15,000 net rent but this could grow to $36,000 in the future if managed successfully (10% sales if gross rent is charged and the City / the Facility pays for the full fit out of the café space 3. City / the Facility Managed: $10,000 estimated return to operating budget 4. Hybrid model: similar to Lease Agreement model $10,000 growing to $25,000 in year 5 Hybrid and Lease Agreement recommended to have a base rent of minimum $1000 per month plus a percentage of revenue. Operating Expenses • Café will be metered, and operator/tenant charged for utilities (electricity, gas, water), CAM charge, insurance charge, etc. • Under the social enterprise model and City / the Facility model, additional expenses beyond staffing and cost of goods sold are all absorbed by the Facility and the City (rent, utilities, programmed events, etc.) • Some staffing expenses are covered by grants and programs through different government bodies and agencies if it is a social enterprise. Even a private sector and hybrid model can access staff funding programs if they hire disadvantaged persons or other similar programs (e.g. youth). Other Rules and Regulations • Potential to make product such as a coffee roastery, baking/sweets on site, or full restaurant • Adhere to 100-mile product sourcing condition; however, it is very difficult to administer and adhere to these specific rules. It will require some type of guidelines which can be reviewed and evaluated by the Facility Page 73 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 30 of 72 • Café has right of first refusal to operate a stall during events • No corporations or chains allowed if it is a Lease Agreement • Operator must hold valid licenses, permits, health certificates, insurance, etc. Other Following are other considerations the City should consider: • Develop mechanisms to encourage locally sourced talent • If run by a social enterprise or Lease Agreement, coordination on items such as security, janitorial staff, hours of operation, code of conduct, etc. would need to be determined with the rest of the Facility operations • Catering (some or all) events at the Facility as part of the contract • Hours of operation to be included as part of the RFI • Any lease or MOU would be reviewed bi-annually for two years and annually thereafter to address any specific products sold, sourcing, and conflicts with the Farmers’ Market or local area businesses • Definition of use and restriction of parking to be addressed 4.1.9 Marketing Key marketing considerations for each option include the following: • If café is operated by social enterprise or Lease Agreement, they would be responsible for the majority or all marketing • the Facility would be allowed to market the café, hours, access, etc. in their overall marketing strategy • Encourage direct marketing to Wi-Fi visitors, the Facility members, the Facility visitors (potentially a loyalty card stamp system, an app system, or other) • Consider the development of a real-time app system that lets followers know what is specifically happening at the café (e.g., What’s in the café’s ovens this morning? Today we have blueberry muffins made with fresh off the farm Niagara blueberries….) This creates immediacy demand and allows the café to keep their marketing fresh • Develop an extensive social media platform for the Café – Twitter, Facebook, Instagram • Encourage guerrilla marketing tactics such as postering around the neighbourhood and City, standing outside on the street and in the plaza with sample trays, free samples, chalking the sidewalks, and sandwich boards should be used • Encourage partners to do the heavy lifting in marketing to get the word out about the high-quality product and the social good work that is undertaken at the café (e.g., coffee partner, social enterprise partner) • Develop a public relations campaign • Become social enterprise certified (B Certified, Buy Social Canada) • Develop a brand linking (1) café/eating and drinking, (2) social enterprise, and (3) programmed events • Carry out a detailed programmed events calendar Page 74 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 31 of 72 4.1.10 Case Studies Examples of Other Cafes Run as Social Enterprises 1. Fabarnak Café: The 519 Community Centre, Toronto Type of Operation: Operated as a social enterprise directly by the Community Centre, Fabarnak provides job opportunities and training to individuals with employment barriers, offering them a chance to work side by side with a team of professional chefs and front-of-house staff. • Hours of Operation: M-F 8:30 AM to 4 PM; Sat 9 AM to 4 PM (approx. 8 hour/day) • Total Revenues including catering: $60,000 (based on sources from 2010) primarily from catering in-house events and programs • Total Expenses: $75,000 (based on sources from 2010) 2. Out of this World Café, CAMH, Toronto: Operated by Working for Change Working for Change also operates Green Thumb (landscaping / horticultural oriented) and Raging Spoon (catering only) Type of Operation: Working for Change is a charitable organization that emphasizes the importance of work in the lives of people who have been marginalized. The organization operates social purpose enterprises, leadership, and pre-employment training programs, as well as provides community - based research and public education on issues related to poverty, mental health, and addictions, violence against women and newcomer/refugee challenges. • Manages four locations including café and catering spaces • Sales $900,000 including café and catering (café is $585,000) • Pay rent to CAMH of 2% of gross sales = $18,000 approximately 65% is café = $11,700 • 4 FT employees used, and they are all funded through government programs such as Toronto Enterprise (United Way), Cooperators Community Fund, Ontario Ministry of Health, etc. • CAMH clients are paid minimum wage or higher • No volunteers • Generally, open Monday to Friday 7 AM to 4 PM • Do not organize any other sales or events on sites • Working for Change paid for all their equipment in the café • Need a good relationship with hospital • Have no exclusivities related to other food services leased on CAMH properties • Primarily clients and CAMH staff use the café • Increased consumer trend to social enterprises but are not B Certified Page 75 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 32 of 72 3. Klink, Danforth and Pape Avenue, Toronto, John Howard Society Type of Operation: Employment readiness, skills training, and services for former prisoner clients, internship at KLINK Coffee -- social enterprise, on-the-job work experience, and job placement and follow-up • Certified: Buy Social Enterprise Certificate • Original grants were from the Federal Government and continued support for branding • The company does accept donations from website visitors • Currently, the company is still a charitable social enterprise, but plans are for the business to be incorporated and seek out private sector funders/partners as a private non-profit corporation (all proceeds go into training) • Sell: Reunion Island coffee • Locations: Sell through Imperial Coffee Service and storefront on Pape Ave. Toronto • Online Partner: Culture Coffee Bean manages their website sales • Work with Employment Ontario Service Providers – Dixon Hall, Centre for Education and Training, JVS Toronto, St. Stephen’s House Lessons Learned – Klink Coffee • Cannot compete with lower-priced Cafe/Lounges in the private sector • There is demand for a higher quality product built around the model of the Social Enterprise / Charity • Most sales come from wholesale operations to office clients and other non- profits • Can partner with an online supplier however due to the high delivery costs this model needs to be thought through to determine if the product can be shipped directly from the roastery rather than paying for double shipping • Begin early negotiations with Canada Revenue Agency to ensure the business is in compliance with all rules, regulation, competition, charity status, etc. • Growth is limited within a charity status Page 76 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 33 of 72 Example of Private Sector Café with Arts and Culture Orientation 1. Mahtay Cafe/Lounge Locations • Have main location in Downtown St. Catharines • Second location associated with Brock University contract Rent • Rent at second location is based on 10% gross revenue (equals gross rent and covers CAM costs) • If landlord pays for full build-out, then % rent is 10%; if tenant pays build out then % rent is 8% to 9% • TI: 6 months free rent Staffing • Primarily private sector staffing • Do apply for grants to hire staff for in need individuals such as developmentally delayed • Used grant programs to hire a disadvantaged person and after the grant ran out continued to employ that person Sales • Increased sales 555% from 2012 to 2017 (fivefold increase in sales) • Sales split by 80% food, 15% alcohol, and 5% catering • Offer 10% discount to local employees Hours of Operations • Operate 7 AM to 11 PM Partnerships • Extensive partnerships Event • Book events using Google Calendars Activities • Co-working space offered on-site • Events – event organizers who book space raise money through their own fundraising whether that is cover charge at the door, passing a hat, etc. but they do not get a % of sales • But they are not charged for the space either • Other groups (e.g., meetings) are charged to use space ranging from $0 to $40/hour (sliding scale) and are charged for food if they purchase • Sell art in space and receive 20% commission Page 77 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 34 of 72 Example Visitation at Area Cafes – Thursday and Saturday (or Friday) Mahtay Café. St. Catharines Black Sheep Lounge, Welland CSI Café Paint Box Bistro, Regent Park, Toronto Out of This World Café, CAMH Toronto Page 78 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 35 of 72 Findings: • Early afternoons are some of the busiest times for these Cafe/Lounges • Many places close early or are closed on weekends • Mahtay Café has higher visitation in the evening • Most places, weekends are lighter than weekdays or as mentioned, they are closed 4.1.11 Café Recommendation Issue a Request for Expression of Interest for a Lease Agreement with a private or non- profit sector operator who will agree to hours of operation and program activities and events in the space. This allows potential operators greater flexibility and creativity in developing their proposed business models without committing to specifics on their revenue model. The City can then choose the operator that best aligns with its needs and then determine the financial model that works best. Page 79 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 36 of 72 4.2 Artists’ Studio Space 4.2.1 Goals • Offer competitive and sliding scale below market rates for artists and makers to create visual arts • Offer flexibility in terms of weekly, monthly, and annual membership agreements (monitor demand in the first year to determine if daily rates may be applicable) • Provide high-quality space conducive to artists' needs in terms of ceiling heights, lighting, ventilation, freight elevator, finishing areas, some tools, fume hood, washing station and disposal area, etc. • Provide space primarily for City of Niagara residents, new artists, and artists wishing for increased collaborations • Encourage or insist that artists agree to participate and exhibit in a set number of art shows per year and/or contribute in other ways such as leading workshops, training, education, mentorship or other programmed events at the Facility (see next bullet point) • Encourage artists to develop their own programming and events (set number of free – or reduced fee rates for use of other space in the Facility for programmed event that brings people into the site) – artist offering painting instruction to young children or John Howard Society members, etc. 4.2.2 Management Options • There are two models of managing/operating the Artists’ Studio Space (as well as coordinated use of other rooms in the Facility such as the classroom meeting rooms) o Managed by the Facility o Managed by an artist cooperative 4.2.3 Hours of Operation • Hours of Operation - 24 hours / day access limited staff support 4.2.4 Space Parameters • Second floor of Cultural Hub building • 3,705 SF of space for artists broken up by east room 1,207 SF (2) west room 2,250 SF, including fume hood area, and (3) washing areas 248 SF • Efficiency ratio 81% of the usable 3,457 SF for circulation equates to 2,800 SF for stalls for artists • Stall size: 10 x 10 or 100 SF with moveable partitions permitting flexible floorplans • 28 stalls (note an artist can occupy two stalls, half a stall, one and half stalls, etc., and some stalls will be private including the option for secured storage) 4.2.5 Key Activities • Local artists in primarily the City of Niagara Falls or Region – beginning artists who have no access to space at present, specialized artists, or artists who wish for increased collaboration, and artists wanting specialized space for finishing projects • Determine if there are restrictions on materials and what is provided by the Facility Page 80 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 37 of 72 • Primarily all materials must be brought onto the premises and removed at the end of the session, but some artists’ space may be longer term oriented • Storage may be available on second floor and basement 4.2.6 Potential Partnerships • Niagara Falls Art Gallery • Niagara Arts Showcase • Neto Native Arts • Niagara Art Centre • Carmel Fine Art and Music Festival 4.2.7 Special Capital Cost Considerations • Moveable walls/dividers • Workshop space for finishing art/framing • Broadband and Wi-Fi (on its own or through the Facility) • Bluetooth connectivity • Multiple plugins, electrical outlets • Spill-resistant flooring • Non-slip floors • Utility sink (potential for a special disposal sink) • Spray paint room, screen print station • Light exposing table and other photographic type processing equipment • Frame or wood working station • Some tools will be available on-site including a limited number of easels, frame making tools such as screwdrivers, small handsaw, level, etc. as well as some products such as cleaning solutions, solvents, rags, hanging wire, screws, drying racks, etc. • Natural light and special use artificial light • Vibration and noise mitigation from Café and Workshop 4.2.8 Revenue and Expenses for Artists Space Two potential scenarios are envisioned with respect to this space. The ideal situation would be to have an Artist Cooperative run the space. However, in the beginning years, a City managed program may be the best until there is a local Niagara Falls based cooperative. Artist Cooperative • Lease space to an Artist Cooperative to manage on behalf of the Facility • Cooperative would require a subsidy to manage the space on behalf of the City $10,000 to $30,000 • The City would not have expenses related to staff management, recruitment marketing, etc. of the Artists’ Space City Managed • Create 28 10 x 10 stalls (can be divided or added together (e.g., 50 SF or 150 SF or 200 SF) Page 81 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 38 of 72 • Some stalls would be monthly use and some would be longer term rentals • Rate Structure: o Monthly: $125 o Annual: $1,000 - $1,500 Artists’ Studio Space Rental Revenue – Year One (see appendix operating budget for full five-year budget) Rental Period Number of Stalls Utilization Rate Revenue Monthly 15 stalls 40% $125/month $9,000 Annual – open area 8 stalls 80% $1,000/year $6,400 Annual - private space with storage 5 stalls 80% $1,200/year $4,800 Total 28 stalls $20,200 Annual membership fees: $40 100 Artists Revenue: $4,000 This fee along with the stall rental would allow an artist access to the Woodworking Space. Expenses • Other fees that may be considered are waste disposal fee, security and cleaning fees, printing, etc. These would primarily be flow through expenses and not revenue generating fees. • We have built in some storage fees associated with the space. Additional storage fees may be considered in the future depending on layouts. Note that revenues and expenses can be affected by grants, subsidies, financial assistance programs, and crowdfunding initiatives. 4.2.9 Marketing Extensive artist retention, recruitment, and expansion campaign that is focused on: 1. Come back to Niagara Falls – call to action 2. Emerging artists at colleges, universities, technical schools (e.g., Brock University) 3. Guerrilla tactics at art shows, craft fairs, etc. with postering 4. Niagara Falls Art Gallery and other artist centres 5. Online discussion groups – Facebook, Instagram, etc. 6. PR – have articles written in newsletters, newspapers, artist journals, and magazines, as well as active website that is easy to sign up for membership and space rentals, etc. 4.2.10 Volunteers • Demarcate space for artists, users Page 82 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 39 of 72 • Ensure tables/chairs put away at end of session and report any issues to Facility Manager • Answer Inquiries (room temperature, set up, access tables and chairs, etc.) • Help with programmed events put on by artists including shows, workshops, training, etc. Examples of Artist Spaces Rental Agreements See examples • Centre for Social Innovation • 401 Richmond Open Studio • White House Studio • Akin Collective • Gerrard Arts Centre • Niagara Arts Centre 4.2.11 Artist Studio Space Recommendation The City manages the Artists’ Studio Space and, in the future, transitions over to a local Niagara Falls based Artist Cooperative. This allows for direct oversight by the City to ensure that space is being used by local artists and that sufficient resources are provided to produce high quality work. This scenario will benefit the City of Niagara Falls by allowing for desired artist retention and growth as well as some opportunities for artist recruitment into the City. Page 83 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 40 of 72 4.3 Farmers’ Market and Market Hall 4.3.1 Goals Farmers’ Market • Provide indoor and outdoor space for a year-round farmers’ market in order to retain and attract farmers and vendors – the space would provide a local alternative to Welland and St. Catharines markets • Adhere to the vision of a makers' space where a high proportion of vendors grow, produce, make their own products and/or source the products within a 100-mile radius (on the Canadian side of the border) • Preference given to locally sourced vendors • Add excitement to the area • Potential to add further market days or other events such as an art market, vintage market, antique book fair/book fair, Holiday market, etc. Other Activities • Develop other similar programming related to artists, creators and makers of things to use the space requiring 2,000 to 3,000 SF for their activities (e.g., 100 to 150-person capacity venue) • Allow members to develop programmed events in the space, such as the Café running a workshop or film night, an artist running a larger workshop requiring 2,000 SF, and art show, etc. • Finally, if the room is available, the space can be rented out to organizations (public, non-profit, other, private) and individuals • Do not compete with other venues in Niagara Falls for weddings etc. 4.3.2 Management of Market Hall • Market Hall including the Farmers’ Market is managed by City staff 4.3.3 Space Parameters: • 3,952 SF including storage area • Market Hall and parking lot on Sylvia Place • Access from inside facility and two garage doors on outside – allow trucks/vehicles to drive into space • Loading dock area to the side (north entrance) along with additional entrance that would include shelving and cold storage for event catering • Venue is equipped for audio / video performances • Space built to baffle sound and reduce noise 4.3.4 Key Activities at Market Hall Space Farmers’ Market • The Farmers' Market would operate every Saturday morning (7 AM to 1 PM with a 2- hour window on each side for set up and tear down = 5 AM to 3 PM) • Market would eventually expand to a weekday • the Facility provides tables and tents for outdoor vendors for consistent identity and stored in the Facility basement Page 84 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 41 of 72 • No vendor would be allowed to store any of their display equipment on-site. All materials must be set up and removed at the end of day. • The parking lot area should be as flexible as possible to allow multiple layouts. Obstructions such as trees and planters should be kept to a minimum and consideration for mid-sized truck turning movements, grade should be reviewed • Ideally, no vendor will sell from the back of their truck/vehicle. However, if allowed, the vendor would be charged according to the number of stalls they require for their entire operation (including the space in the market area for their truck). Market Hall • The Market Hall can be structured to allow other Facility users and members such as the café, Woodworking Studio Space, makers, artists, makers, museum, etc. to use the Market Hall space as part of their agreements. (Determine if members may also be entitled to free or discounted rent) • Any private programmed events or meetings would be charged full rates Programmed Events Beyond Farmers’ Market Following are diverse examples of the type of programming that may be encouraged on the site. • Art, craft festival type shows (can be large multiple day events) including Holiday Market • Vintage shows – clothing, home furnishings, books, maps, etc. • Demonstrations for artists, makers, bookmaking, etc. (e.g., Niagara wood carver demonstration and competition) • Education, training, mentoring related to artists, makers, etc. • Food programs (e.g., how to cook – seniors, newcomers, kids – growing chef program), vendors use of kitchen – how to make pickles, artistic food (e.g., cake decorating), ethnic specialty cooking, mothers club (note some of these programs may need to be coordinated with the kitchen in the café) • Concerts – local school choirs, buskers, musicians, comedy, open mic, theatre performances, larger concerts/bands (including use of parking lot area) • Major events such as Art Shows held several times throughout the year • Charity, non-profit group meeting – e.g., Parkinsons board meeting, Niagara Crime Stoppers • Private sector – meetings, internal meetings, etc. (that cannot be accommodated elsewhere) Note that many of these events will make use of not only the Market Hall space but also the adjoining outdoor spaces Page 85 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 42 of 72 4.3.5 Revenue and Expenses for Market Hall Revenue • Market Hall Rates are established based on the type of user. Our analysis has the following types: o Community Makers o Private Sector o Internal • Farmers’ Market rates are established based on a combination of the following factors o Hi and Lo Season Rates for Saturdays o Hi Season Rates for weekday market o Different rates for inside and outside stalls A summary of other market rental rates is provided below: Summary Comparison of Other Farmers’ Markets Municipality Location Stall Size Type of Vendor Number of Stalls Daily Rate Special Rates - Charity 1 Month Rate 20 Weeks to 6 Months 12 Months Annual Fee Electricity Fees Grimsby Outdoor 10 x 10 $30 to $35 $35 St. Catharines Indoor 8 x 8 $38.32 *$15.93 $147.52 $885 $1,770 $25 $17.61/month $127.52 $765 $1,530 $17.61/month $100.52 $603 $1,206 $17.61/month NOTL Outdoor Tables Farmer $30 + 2% sales $125 $440 Prep Fd $75 $325 $1,000 Welland Indoor $500 to $700 Outdoor $36.75 $120 Cambridge Outdoor 35 to 40 $20 $775 $775 Indoor Perm.$2,600 Dieppe Outdoor 32 $33.46 Art Shop $25 Halifax Outdoor 4 ft. linear 20 $45 London CG Outdoor $30 $520 Perth Ind/Outdoor 20 $15 $220 $30 Page 86 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 43 of 72 Market Hall Rental Revenue – Year One (see appendix operating budget for full five- year budget) Rental Period Number of Stalls Utilization Annual Rate Revenue Indoor Market Hall Saturdays - Hi Season 14 80% $450 $5,040 Indoor Market Hall Saturdays – Lo Season 16 60% $200 $1,920 Outdoor Market Saturdays – Hi Season with Electricity 27 50% $460 $6,210 Outdoor Market Saturdays – Hi Season without Electricity 27 20% $400 $2,160 Outdoor Market Saturdays – Lo Season with Electricity 27 60% $100 $1,620 Outdoor Market Saturdays – Lo Season without Electricity 27 15% $75 $304 Weekday Market 35 60% $150 $3,150 Hall Rental – Internal Rate 300 days 5% $0 $0 Hall Rental – Community Makers 300 days 10% $250 $7,500 Hall Rental – Private Sector 300 days 7.5% $500 $11,250 Hall and Outdoor Space Rental – Community Makers 300 days 5% $375 $5,625 Hall and Outdoor Space Rental – Private Sector 300 days 3% $775 $6,975 TOTAL $51,754 Page 87 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 44 of 72 Expenses • Staff oversight and marketing expenses are part of the Facility operating budget • Vendors clean their stalls but overall cleaning and maintenance and if security is required are provided by the City / the Facility Other Rules and Regulations • Need to enact strict rules and regulations related to number of farmers, number of certified farmers, number of local farmers/vendors (see rules and regulations for other markets, MyPick certified, etc. However, the Facility will determine the exact rules and regulations including number of farmers and any certification as the farmers’ market evolves. 4.3.6 Marketing Farmers’ Market • Signage around the site • Increased use of technology with an app loyalty program (e.g., Follow farmer as they pick and when they leave for farmers market, Send out reminder to the Facility followers that farmers are loaded and on their way to the market, Market – “What’s in my truck today”: “I’m leaving the farm now… in my truck I have strawberries, raspberries, apples, …”, etc.) • Create videos and YouTube videos of farmers (use Google, Facebook, etc.) • Join local neighbourhood groups such as mom groups – Momstown Niagara, Niagara Moms and Me, and neighbourhood residents’ associations • Create a Niagara Falls recipe book Other Events • Capture performance at Market Hall on YouTube videos and send out to members (clips of videos) • Signage, sampling trays, postering • Any programmed event would be marketed by that organization. the Facility can assist with amplifying message to their social media and print/radio contacts 4.3.7 Volunteers • Set up and tear down of events • Demarcate space for vendors or space users • the Facility programmed event – waiters, servers, pourers, sales/tickets, coat check, greeters, ambassadors, ticket/entry control (not security) • Run programs such as kids’ zone at the farmers’ market Page 88 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 45 of 72 4.4 Woodworking Studio Space 4.4.1 Goals • Create a Woodworking Studio Space area with a selection of tools that are costly to rent commercially but practical for the creation of art and arts and craft materials. These tools could include: o Table saw o Miter saw o Planer/ Joiner o Drill Press o Band Saw o Sander o Bench with Vises • Develop the space for the needs of local residents as well as craftsmen who can use the space for their projects • The space could also be used by artists in the Artist Studio Space for their projects • Ensure that all materials must be removed at the end of the day, some storage provided onsite for a fee • Encourage members to provide additional workshops, mentoring, training, etc. that will draw visitors to the site 4.4.2 Management Options • Managed by the City 4.4.3 Hours of Operation • Generally, hours are limited to one staff person shift 4.4.4 Space Parameters • The gross square footage is 1,110 SF which should accommodate a limited number of machines and workbenches (see above under Goals for a partial list of potential tools) • Noise baffling measures need to be installed • Special requirements such as power, dust collection and waste disposal need to be addressed 4.4.5 Key Activities • Use of the space will be restricted to the following: o Limited on-site storage is available in the woodworking studio space o Focused on higher quality woodworking o No highly flammable materials • Workshop members would be encouraged to provide additional programming of events/shows, education, training, mentoring that would take place elsewhere in the Facility or Museum Precinct Page 89 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 46 of 72 4.4.6 Special Cost Considerations • The cost and replacement of the tools associated with the space will be significant. Interviewees indicated most tools are donated either from homes, workplaces or from retailers. • CRA rules on donations should be followed up by the Facility 4.4.6 Revenue and Expenses for Woodworking Space • Rate Structure: o Daily: $25 o Monthly: $100 o Annual: $800 to $1,000 Woodworking Space Revenue – Year One (see appendix operating budget for full five- year budget) Rental Period Number of Visitors Rate Revenue Daily (excl. holidays) 1 $25/day $8,900 Monthly 20 $100/month $24,000 Annual 3 $1,000/year $3,000 Total $35,900 Individuals wishing to use this space must successfully complete a training course. With an estimated 200 paying members, the revenue received would be $8,000 annually. Annual membership fees would include training course costing $40. Note that most of this revenue would be spent on hiring personnel to conduct the training course. Other fees may include storage fees. Note that revenues and expenses can be affected by grants, subsidies, financial assistance programs, and crowdfunding initiatives. Expenses the Facility is responsible for cleaning, maintenance, room booking, marketing, staff supervision, training, and replacement or repair of machines. Page 90 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 47 of 72 4.5 Programmed Events 4.5.1 Goals Programmed events will be essential for the operations of the site. Facility programs will be developed to achieve the following goals. • The primary goal will be for members to develop their own events • City / Facility management is also encouraged to develop its own programs. • Event managers and programmers should Include many of these programmed event ideas have been listed in previous sections (e.g., Market Hall events) • Events should be developed with a view to creating a long-term sustainable model based on paying it forward • Events will be a place of constant renewal and will ensure the programming is fresh and relevant through evolving and expanding programmed events 4.5.3 Management • Events will be produced in-house by the Facility as well as those developed by others and staged at the Facility 4.5.2 Space Parameters • Events will take place at any and all of the indoor and outdoor spaces 4.5.3 Key Activities • Each artist studio tenant, (member) Woodworking Studio Space maker develops his or her own programming • Contracts may be written to enforce or encourage member programmed events in return for access to free or low rent space • Other activities at events could include food truck revenue generation 4.5.5 Revenue and Expenses for Programmed Events • Limited revenue is expected for the Facility and member programmed events • There are a variety of programmed event financial models based on revenues earned and dependent upon who is responsible for expenses • the Facility will encourage a wide range of uses. However, actual experience has dictated that most events break even 4.5.6 Marketing • Each member is responsible for their own marketing • the Facility will amplify the message through its marketing network 4.5.7 Volunteers Volunteers can perform a number of useful functions at the venue, including for example: • Ambassadors, greeters, wayfinding, coat check • Ticket sales, entry check at gated area • Set up, tear down • Assist in running events on a case by case basis Page 91 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 48 of 72 5. MARKETING PLAN FOR THE FACILITY While each of the various component parts of the Facility development will have its own ‘constituency’ of interest and marketing in terms its own users and supporters, there is a larger sense in which the Facility should be marketed as a ‘place’ unto itself. Other successful similar venues such as Toronto’s Artscape Wychwood Barns, London’s Covent Garden Market, and Toronto’s St. Lawrence Market, have established themselves as distinct areas, and contributed greatly to the quality of place of the areas in which they are located. The Facility has a similar potential and should be promoted as a place in its own right. While this is not the place to outline a complete marketing plan for the Facility, there are certain elements of an overall marketing plan that should be noted. These are: • Branding: An iconic and distinct brand identity should be developed for the Facility, with a visually attractive logo and possible tag line. • Signage: Interesting and innovative signage for the Facility should be developed (using the brand developed) and used not just within the Facility but as part of a wayfinding strategy in the neighbourhood to orient visitors to its location. • Web site: An attractive web site should be developed for the overall the Facility development and its operations, linked to but distinct from, the City. • Place promotion: The Facility should also be used as a prominent location for key public relations opportunities and key events (such as political announcements about key cultural events; start and ending location for parades or marathons; etc.). This will help entrench the Facility as a top of mind cultural location in the municipality. • Social media: An active online and social media presence should be established around the Facility, using the full range of media tools. Real time apps such as “what’s in the farmers’ truck this morning, what’s on the band’s playlist for tonight, what’s the artist working on today, what’s in the café’s oven this morning…” • Newsletter: A regular (bi-weekly or monthly) newsletter of upcoming activities and events should be created with an active intention to grow and develop the list of free subscribers to the list. • Traditional media coverage: In addition to the above, occasional ‘traditional’ media coverage may be appropriate for certain events and activities when it is desirable to reach a larger audience. Radio and print media are likely the two traditional media to be most frequently used in this regard. • Animation: Ideally, the Facility will be animated with activities, programming and events as much as possible generating a sense of energy and traffic around the site Page 92 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 49 of 72 and its components. In addition to this promotion of the Facility as a unified place and entity, each of the individual enterprises comprising the cluster will have its own marketing activities as well. These are described in the individual descriptions of each activity. Components of the Development The Facility is conceptualized as consisting of a series of inter-related and mutually- supporting enterprises that collectively comprise a compelling attraction for residents of Niagara Falls, as well as visitors and tourists to the City. The ways in which the components support one another are outlined below. Farmers’ Market: The core of the operation will be the twice-weekly Farmers’ Market, occupying a large Market Hall area that could be used for other activities on days other than Wednesdays and Saturdays. The market will sell locally produced and sourced foods as well as crafts and artisan items. Café: A food service café operation is essential to support the Farmers’ Market, as this will cater to the needs of the visitors to the market. As well, being accessible the surrounding area it will provide essential foodservice availability to the neighbourhood as well as the users of the Facility in the Artist Studios and Woodworking Workshop including programmed events. Food Trucks: In peak times (i.e. market days, and various other times when major events are on), food trucks will be critical to supply a variety and volume of food items that are not carried by the Café operation. Artists’ Studio Space: the provision of Artists’ Studio Space is another core function of the Facility. This also acts to draw in residents and visitors to the Facility. As well, artists using the space provided by the Facility can sell their productions on market or programming event days, so the Facility acts successfully to ‘bring in the market’ to them. Woodworking Studio Space: Users of the Artists’ Studio Space, as well as members of the public (presumably those living in the nearby vicinity of the Facility) will be able to use the woodworking tools. In addition to being a key strategic resource available to users of the Facility, this provides another reason for residents to come to the overall facility. Page 93 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 50 of 72 6. OTHER ISSUES – ACCESS SYSTEMS The following compares the attributes of a magnetic stripe card and an RFID card to be used for access control. Both systems are in common use and the training and equipment required of each is widely available. The RFID card would be similar to the City of Niagara Falls’ use of proximity readers. Note that eventually through the use of Bluetooth technology, rooms can be accessed with a smart phone. MAGNETIC STRIPE RFID (Proximity Reader is a type of RFID) What is it? • A magnetic strip is encoded with information that is read by swiping it past a magnetic reading head. • RFID Key is short for Radio Frequency Identification Key and it uses very high frequency radio waves to read the card Pros • Digital room metrics and analytics • Digital shutoff if lost or stolen • More affordable than RFID • Ability to store more data on the card • Suitable for more complex ticketing allowing data to be written and read in the field • Digital room metrics and analytics • Digital shutoff if lost or stolen • Can be used from inside wallet or pocket • RFID locks are weatherproof as there is no exposed slot • Data on card is secure due to encryption • An RFID tag could be used to track assets (who, when, how) Cons • Mag stripes can get dirty and not work • Plastic card may break • Needs to be inserted in card reader to function • Mag stripes that come in close proximity to a magnetic force may erase the data (magnetic clasp on wallet or purse) • Poor security unless supplementary measures are taken • Expensive to replace cards • More expensive lock • Limited data storage • Can be incompatible with some cell phones Cost $.20 to $.40 per card $2.50 per card Page 94 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 51 of 72 7. OPERATING BUDGET The Operating Budget has been prepared on the basis of operating the various rooms and activities as identified in the DTAH report and Concept Plan and as modified by the August meeting which further refined the original concepts. In order to estimate revenue, each of the areas has been modelled. The key assumptions utilized in forecasting revenue are contained in the detailed calculations. The results are presented in the Budget Summary. For expenses, we identified the typical industry cost categories and the City Department responsible for paying these expenses. We understand the City does not employ a cost allocation process and as a result, only costs paid by Recreation and Culture are included in the budget. In determining some of the costs, reliance was placed on the Museum’s actual costs and the balance on estimates based on industry experience. In addition, the expenses represent a best estimate as the building materials and construction standards are unknown, and the specific hours of operation have yet to be finalized. Lastly, certain expenses such as marketing and advertising are minimal and depending on the extent of promotional activities undertaken by the Facility in cooperation or independent of partnerships, these costs could increase significantly. The expenses are shown in the Budget Summary. Page 95 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 52 of 72 7.1 Budget Summary OPERATING BUDGET Responsibility YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 ANTICIPATED REVENUE MARKET HALL Saturday Market - Outside Stall Revenue $10,294 $11,687 $12,956 $13,878 $14,127 Saturday Market - Inside Stall Revenue $6,960 $8,306 $9,074 $9,426 $9,426 Weekday Market $3,150 $3,859 $4,052 $4,052 $4,052 Market Hall Revenue $18,750 $19,688 $20,672 $21,705 $22,791 Market Hall and Outdoor $12,600 $13,230 $13,892 $14,586 $15,315 CULTURE CENTRE Café Rent Revenue $10,000 $15,000 $22,000 $28,000 $36,000 Artists’ Studio Space $20,200 $20,200 $20,200 $21,210 $22,271 Woodworking Studio Space $35,900 $35,900 $35,900 $37,695 $39,580 Membership $12,000 $12,000 $12,000 $12,000 $12,000 Courtyard Rental $990 $2,558 $3,696 $5,445 $5,610 Grants/ Donations Ontario Grants Federal Grants Donations Food Trucks $0 $0 $3,890 $4,085 $4,289 Parking $0 $0 $0 $0 $0 Equipment Rental Other Funds Reserve Funds Special Reserve Funds ANTICIPATED REVENUE TOTAL $130,844 $142,427 $158,331 $172,082 $185,460 Page 96 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 53 of 72 OPERATING BUDGET Responsibility YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 ANTICIPATED EXPENSES Annual Inflation Rate 2.5% DIRECT COSTS Personnel Rec. & Culture City Employees Labour - Wages $260,290 $337,559 $345,998 $354,647 $363,514 Labour - Overtime $0 $0 $0 $0 $0 Employee Benefits Professional Development $2,000 $2,050 $2,101 $2,154 $2,208 Contract Employees - Full Time -$54,600 $0 $0 $0 $0 Contract Employees - Part Time $45,550 $46,689 $47,856 $49,052 $50,279 Personnel Total $253,240 $386,297 $395,955 $405,854 $416,000 Utilities Rec. & Culture Electricity $75,000 $76,875 $78,797 $80,767 $82,786 Water $5,000 $5,125 $5,253 $5,384 $5,519 Natural Gas $25,000 $25,625 $26,266 $26,922 $27,595 Utilities Total $105,000 $107,625 $110,316 $113,074 $115,900 Page 97 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 54 of 72 OPERATING BUDGET Responsibility YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 ANTICIPATED EXPENSES Annual Inflation Rate 2.5% Repairs and Maintenance Rec. & Culture Elevator $3,500 $3,588 $3,677 $3,769 $3,863 Workshop Tools - Repair and Replacement $250 $256 $263 $269 $276 Rental Equipment $2,000 $2,050 $2,101 $2,154 $2,208 Contractors/ Outside Services - Seasonal Maintenance $5,000 $5,125 $5,253 $5,384 $5,519 Repairs $3,000 $4,000 $5,000 $5,500 $6,000 Vehicle $0 $0 $0 $0 $0 Supplies/ Materials $500 $513 $525 $538 $552 Repairs and Maintenance Total $14,250 $15,531 $16,820 $17,615 $18,418 Site Services Landscaping Municipal Works $0 $0 $0 $0 $0 Snow removal Rec. & Culture $5,000 $5,125 $5,253 $5,384 $5,519 Contractors/ Outside Services (cleaning) Rec. & Culture $25,000 $26,000 $27,000 $28,000 $29,000 Supplies Rec. & Culture $2,500 $2,563 $2,627 $2,692 $2,760 Waste Disposal Rec. & Culture $1,000 $1,000 $1,000 $1,000 $1,000 Washroom Supplies Rec. & Culture $1,500 $1,600 $1,700 $1,800 $1,900 Pest Control $4,000 $4,200 $4,400 $4,500 $4,600 Site Services Total $39,000 $40,488 $41,980 $43,377 $44,779 Page 98 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 55 of 72 OPERATING BUDGET Responsibility YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 ANTICIPATED EXPENSES Annual Inflation Rate 2.5% Communications Advertising Rec. & Culture $1,250 $1,250 $1,000 $1,000 $1,000 Website Rec. & Culture $2,500 $500 $500 $500 $500 Social Media Rec. & Culture $750 $500 $500 $500 $500 Signage/ Banners Rec. & Culture $5,000 $2,500 $2,500 $2,500 $2,500 Internet Information Services $0 $0 $0 $0 $0 Telephone Information Services $0 $0 $0 $0 $0 Communications Total $9,500 $4,750 $4,500 $4,500 $4,500 Programming Materials Rec. & Culture $11,000 $11,275 $11,557 $11,846 $12,142 Performance Fees Rec. & Culture $5,000 $5,125 $5,253 $5,384 $5,519 Equipment Rental/ Contract Rec. & Culture $2,000 $2,050 $2,101 $2,154 $2,208 Liquor License/ Fees Rec. & Culture $2,000 $2,050 $2,101 $2,154 $2,208 Programming Total $20,000 $20,500 $21,013 $21,538 $22,076 Page 99 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 56 of 72 OPERATING BUDGET Responsibility YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 ANTICIPATED EXPENSES Annual Inflation Rate 2.5% Security Monitoring (doors, windows, alarms & elevator) Rec. & Culture $5,000 $5,125 $5,253 $5,384 $5,519 Guard Service Rec. & Culture $5,000 $6,000 $7,000 $8,000 $9,000 Equipment Rental/ Contract Rec. & Culture $0 $0 $0 $0 $0 Security Total $10,000 $11,125 $12,253 $13,384 $14,519 DIRECT COSTS TOTAL $450,990 $586,316 $602,835 $619,341 $636,192 INDIRECT COSTS Insurance Int. Resources Legal Int. Resources Accounting Int. Resources Information Systems Int. Resources Travel/ Conventions Rec. & Culture $1,500 $1,538 $1,576 $1,615 $1,656 Membership/ subscriptions Rec. & Culture $1,000 $1,000 $1,000 $1,000 $1,000 Office Supplies Rec. & Culture $1,000 $1,000 $1,000 $1,000 $1,000 INDIRECT COSTS TOTAL $3,500 $3,538 $3,576 $3,615 $3,656 CONTINGENCY @ 20% $90,898 $117,971 $121,282 $124,591 $127,970 TOTAL ESTIMATED COSTS $545,388 $707,824 $727,693 $747,548 $767,817 TOTAL FORECAST NET INCOME -$414,544 -$565,398 -$569,362 -$575,466 -$582,357 Page 100 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 57 of 72 REVENUE SOURCES MARKET HALL YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Saturday Market - Outside Stalls Stall Area 3000 3000 3000 3000 3000 Area per Stall - 10 x 10 sf 192 192 192 192 192 Circulation Space 20% 20% 20% 20% 20% # of Stalls 27 27 27 27 27 Rental Rates (Saturday Only) Escalation Rate (%) 5% 5% 0% 0% Hi Seasonal Rate - with Electricity $460 $483 $507 $507 $507 Hi Seasonal Rate - No Electricity $400 $420 $441 $463 $486 Low Season - with Electricity $100 $105 $110 $116 $122 Low Season - No Electricity $75 $79 $83 $87 $91 Utilization Rates (%) Hi Season - With Electricity 50% 55% 60% 65% 65% Hi Season - No Electricity 20% 22% 22% 22% 22% Low Season - with Electricity 60% 60% 60% 60% 60% Low Season - No Electricity 15% 15% 15% 15% 15% Saturday Market - Outside Stall Revenue $10,293.75 $11,687.29 $12,956.30 $13,877.98 $14,126.86 Page 101 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 58 of 72 MARKET HALL YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Weekday Market - Stalls Total # of Stalls - Inside and Out 35 35 35 35 35 Rental Rates (One Day Only) Escalation Rate (%) 5% 5% 0% 0% Hi Seasonal Rate $150 $158 $165 $165 $165 Utilization Rates (%) Hi Season 60% 70% 70% 70% 70% Weekday Market - Total Stall Revenue $3,150 $3,859 $4,052 $4,052 $4,052 Page 102 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 59 of 72 MARKET HALL YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Inside Stalls Stall Area 3952 3952 3952 3952 3952 Area per Stall - 8 x 8 sf 64 64 64 64 64 Circulation Space 43% 43% 43% 43% 43% # of Stalls 14 14 14 14 14 Rental Rates (Saturday Only) Escalation Rate (%) 5% 5% 0% 0% Hi Seasonal Rate $450 $473 $496 $496 $496 Low Season $200 $210 $221 $221 $221 Utilization Rates (%) Hi Season 80% 90% 90% 90% 90% Low Season 60% 70% 80% 90% 90% Inside Stall Revenue $6,960 $8,306 $9,074 $9,426 $9,426 Page 103 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 60 of 72 MARKET HALL YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Hall Rental Hall Area 3952 3952 3952 3952 3952 Availability(days) 300 300 300 300 300 Rental Rates - Daily Escalation Rate (%) 5% 5% 5% 5% Community Makers $250 $263 $276 $289 $304 Private Sector $500 $525 $551 $579 $608 Internal $0 $0 $0 $0 $0 Utilization Rates (%) Community Makers 10% 10% 10% 10% 10% Private Sector 7.5% 7.5% 7.5% 7.5% 7.5% Internal 5% 5% 5% 5% 5% Hall Revenue $18,750 $19,688 $20,672 $21,705 $22,791 Page 104 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 61 of 72 MARKET HALL YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Hall and Outdoor Rental Availability(days) 300 300 300 300 300 Rental Rates - Daily Escalation Rate (%) 5% 5% 5% 5% Community Makers $375 $394 $413 $434 $456 Private Sector $775 $814 $854 $897 $942 Internal $0 $0 $0 $0 $0 Utilization Rates (%) Community Makers 5% 5% 5% 5% 5% Private Sector 3.0% 3.0% 3.0% 3.0% 3.0% Internal 5% 5% 5% 5% 5% Hall and Outdoor Revenue $12,600 $13,230 $13,892 $14,586 $15,315 Page 105 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 62 of 72 CULTURE CENTRE YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Café Rental Total Area (sf) 1350 1350 1350 1350 1350 Service Areas (wait station, counter, equipment) 350 350 350 350 350 Seats (15 SF per seat) 67 67 67 67 67 Rental Rates Rent on a Net Lease (Profit sharing) $10,000 $15,000 $22,000 $28,000 $36,000 Cafe Rental Revenue $10,000 $15,000 $22,000 $28,000 $36,000 Page 106 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 63 of 72 CULTURE CENTRE YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Artists’ Studio Space Artist Area 4986 4986 4986 4986 4986 Circulation Space 38% 38% 38% 38% 38% Area per Artist (10x10) 100 100 100 100 100 # of Artists 28 28 28 28 28 Number of Stalls (10 x 10 SF) Weekly 0 0 0 0 0 Monthly 15 15 15 15 15 Annual 8 8 8 8 8 Annual and Storage 5 5 5 5 5 Rental Rates Rental Rate Escalation (%) 0% 0% 5% 5% Weekly $0 $0 $0 $0 $0 Monthly $125 $125 $125 $131 $138 Annual $1,000 $1,000 $1,000 $1,050 $1,103 Annual and Storage $1,500 $1,500 $1,500 $1,575 $1,654 Utilization Rates (%) Weekly 40% 40% 40% 40% 40% Monthly 40% 40% 40% 40% 40% Annual 80% 80% 80% 80% 80% Annual and Storage 80% 80% 80% 80% 80% Artist s’ Studio Space Revenue $21,400 $21,400 $21,400 $22,470 $23,594 Page 107 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 64 of 72 CULTURE CENTRE YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Woodworking Studio Space Number of Attendees Daily 1 1 1 1 1 Monthly 20 20 20 20 20 Annual 3 3 3 3 3 Rental Rates Rental Rate Escalation 0% 0% 5% 5% Daily $25 $25 $25 $26 $28 Monthly $100 $100 $100 $105 $110 Annual $1,000 $1,000 $1,000 $1,050 $1,103 Woodworking Studio Space Revenue $36,125 $36,125 $36,125 $37,931 $39,828 YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Membership Fees Membership Fee $40 $40 $40 $40 $40 Artist Space 100 100 100 100 100 Woodworking Space 200 200 200 200 200 Total Membership Fees $12,000 $12,000 $12,000 $12,000 $12,000 Page 108 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 65 of 72 SPECIAL EVENTS YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Food Trucks Maximum # of Food Trucks 5 5 5 5 5 # of Summer Events 38 38 38 38 38 # of Winter Events 12 12 12 12 12 Rental Rates Rental Rate Escalation (%) 5% 5% 5% Per Summer Event $50.00 $52.50 $55.13 Per Winter Event $15.00 $15.75 $16.54 Utilization Rates (%) Average Utilization - Summer 40% 40% 40% Average Utilization - Winter 10% 10% 10% Food Truck Revenue $0 $0 $3,890 $4,085 $4,289 YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Courtyard Rental Area 300 300 300 300 300 Availability (days) 330 330 330 330 330 Rental Rates Daily Rate $150 $155 $160 $165 $170 Utilization Rates (%) Overall 2% 5% 7% 10% 10% Courtyard Revenue $990 $2,558 $3,696 $5,445 $5,610 Page 109 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 66 of 72 8. ECONOMIC IMPACT OF THE FACILITY 8.1 Areas of Economic Impact There are several ways in which the Facility development will have a positive economic impact upon the City of Niagara Falls. Given the uncertainty regarding the exact nature of the development or its operation at this point, is not possible to quantify these economic impacts with any certitude, but it is important to understand that they will occur. First, the construction project itself will have positive economic impact upon the City. Construction will bring in workers and company suppliers who will purchase materials, meals, gasoline, and other supplies from other businesses in the City. This expenditure will help sustain these existing businesses. And, to the extent that the City can require the purchase of materials sourced locally and the use of local professionals in the construction project itself, this impact will be larger. Second, the operation of the Facility itself will create positive local impact, as it will require purchases of local materials and will use local suppliers. And, as a venue supporting local and regional farmers and artisans, it will help these businesses to grow and thrive as well. The component of asking members to develop programming ensures the site remains relevant, fresh, and a must-attend facility. Third, the establishment and operation of the Facility will act as a catalyst for the development of other related businesses in the vicinity especially as a catalyst for the creative and creative related industries. Retail operations such as art galleries and crafts stores may establish themselves in the vicinity of this new cultural facility. New restaurants and bars will find the Facility vicinity a desirable one in which to locate. Over time, there may be a rationale to support other cultural activities locating in the area. Fourth, to the extent that the Facility becomes a tourist attraction, there may be some benefit on this front as well. Even though the primary purpose of the Facility is to meet local needs, most Farmers’ Markets end up being of interest to tourists as well (either brought to the market through visiting friends and relatives who take them to the market as one of the attractions in the area, or because they themselves are seeking locally-produced food and crafts). Any tourism expenditure (whether at the Facility itself, or at other nearby stores and restaurants) is incremental to the area and creates positive economic impact. Finally, a new and innovative development such as the Facility has the potential to add positively to the overall brand image and impression of Niagara Falls as an interesting place where ‘cool’ things are happening. This can add to the brand equity of the municipality and help in attracting future visitors, residents and business investment. In contrast to catering to the tourism industry, ultimately this development will create a sense of local identity that residents can take pride in. Page 110 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 67 of 72 8.2 Indicators and Metrics for Success To measure success the following indicators should be used: • Artists and other memberships sold (split between active and passive/lapsed members) • Membership renewal rates • Member visitation (number of visits per month) • Average member dwell time • Room utilization rate • Number of certified vendors at the market • Events and programs offered • Event and program attendance (and rentals) • Hours of operation open – track using security cards with time stamp • Volunteers and volunteer hours • User feedback and suggestions • Web site metrics Other financials might include: • Monthly annual revenue • Cost (City subsidy) per member or user • Café transactions, sales, sales/sq. ft. • Determine the set revenue required to operate the Facility for five years and determine the amount over/under of base line budget Page 111 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 68 of 72 9. SAMPLE AGREEMENTS 9.1 MOU / Lease / License for Operations of Maker Space and Tool Library • Ontario Long and short form lease standard • London Covent Garden lease 9.2 Lease of Municipal Space (or other) for Purposes of Operating a Café Workshop • Oshawa, Dewey’s Café at library • Hospital Café Lease • San Francisco Café Lease • Nickel Beach Café RFP • Municipal Lease Principles • Toronto Metro Hall Café/YMCA – lease discussions • Toronto Café on the Square (revenue shortfall review) • Toronto St. Lawrence Market Biagio Restaurants (some terms and conditions) 9.3 MOU by Social Enterprise for Operations of a Café • John Howard Society, Klink Café Case Study • Working for Change, CAMH, Out of this World Café Case Study 9.4 Shared Artist Studio Space Rentals (incl. reduced rental rates) • White House, Toronto – application and rental rates • Open Studio – rental rates, products allowed and provided • Akin Collective – rental rates • Niagara Arts Cultural Center, NF New York 9.5 Artist in Residence Program Agreements • Quetico Provincial Park Artist in Residence Application • Canada Sample Template Artist in Residence Application • Spread Art – Artist in Residence Application 9.6 Room Rental Agreement • London Covent Garden room rental agreement • London Covent Garden day use agreement • The 519 Community Centre – Space Use agreement and policies • CSI room rental rates and booking agreement Page 112 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 69 of 72 9.7 Market Vendor Agreements • London Covent Garden • Boston Public Market • Crescent City FM • Davis FM • Goldstream FM • Haney FM • Mill Market SSM, FM • Ottawa FM • Santa Monica FM • Omaha Reds FM • Vancouver FM Handbook • Food Safety Regulations • St. Catharines, Welland, and NOTL rental rate comparison 9.8 Tool Library Membership and Waivers (note included but not present in the current business and operating plan) • Vancouver Tool Library Become a Member • Toronto Tool Library Borrowing Policies • Ottawa Tool Library Borrowing Policies • Vancouver Tool Library Hours of Operation • Toronto Tool Library Liability and Waiver • Vancouver Tool Library Membership Form • West Philly Tool Library Registration • Toronto Tool Library Membership Form • West Philly Tool Library Policy Waiver 9.9 Maker Space Membership and Waivers • Pickering Public Library Maker Space Waiver • Toronto Tool Library Maker Space Policy • Weston Library Maker Space Policies • Summerside Maker Space Liability Waiver • Waiver Maker Space 9.10 Tool Library and Maker Space Volunteer Waivers • Toronto Tool Library Volunteer Form • Toronto Tool Library Maintenance and Repair Volunteer Sign Up • Ottawa Tool Library Volunteer Form • Volunteer Handbook for Art Gallery of Greater Victoria • Volunteer Art Agreement Page 113 of 737 Cultural Facility/ Farmers’ Market – Operating Plan and Business Plan 2018-12-19 Page 70 of 72 • Volunteer Letter of Agreement Tool • Volunteer Agreement Canada Day University of Waterloo • Sample Volunteer Agreement 9.11 Food Truck Application Forms • Food Truck Canada Application • Food Truck Usage Agreement • Food Truck Application 9.12 Other Agreements Page 114 of 737 117788, Niagara Falls Exchange – Class B Estimate (R.0) Niagara Falls Exchange Class B Estimate (Rev.0) Prepared for: DTAH Architects Ltd. Prepared by: February 11, 2019 2265 Upper Middle Rd. E Suite 400 Oakville, ON L6H 0G5 T 905.823.8111 F 905.823.5111 info@awhooker.com www.awhooker.com Page 115 of 737 117788, Niagara Falls Exchange – Class B Estimate (R.0) 2265 Upper Middle Rd. E, Suite 400 Oakville, ON, L6H 0G5 T 905.823.8111 F 905.823.5111 info@awhooker.com www.awhooker.com ®® February 11, 2019 DTAH Architects Ltd. 50 Park Road Toronto, ON, M4W 2N5 Attn: Megan Torza, Partner Re: 117788 – Niagara Falls Exchange – Class B Estimate (R.0) Dear Megan, Please find enclosed our Class B Estimate for the above project. The estimate is based on design drawings and information provided by DTAH Architects Ltd received on January 17, 2019. This estimate is meant to reflect the fair market value for the construction of this project; it is not intended to be the prediction of the lowest bid and should be representative of the median bid amount received in a competitive bidding scenario. We recommend that the owner and/or the design team carefully review the cost estimate report, including line item descriptions, unit price clarifications, exclusions, inclusions and assumptions, contingencies, escalation, and mark-ups. This is to ensure that the design intent is captured within the content of the report. Please refer to the preamble of our cost report for all exclusions, assumptions, and information pertaining to the estimate. We trust our work will assist in the decision making process and look forward to our continued involvement in this important project. Sincerely, A.W. Hooker Associates Ltd Jeremy Smith, PQS, CET Senior Quantity Surveyor Sincerely, A.W. Hooker Associates Ltd Tim Moore, PQS Partner Encl. (117788 Niagara Falls Exchange – Class B Estimate (R.0) – February 11, 2019) Page 116 of 737 117788, Niagara Falls Exchange – Class B Estimate (R.0) ® Table of Contents 1. Introduction to the Estimate 1 1.1 Project Description ................................................................................................................ 1 1.2 Type of Estimate ..................................................................................................................... 1 2. Basis of the Estimate 1 2.1 General Information ............................................................................................................... 1 2.2 Location Cost Base ................................................................................................................ 1 2.3 Unit Rates ................................................................................................................................. 1 2.4 Taxes ......................................................................................................................................... 2 2.5 Construction Schedule .......................................................................................................... 2 2.6 General Requirements and Fees ......................................................................................... 2 2.7 Bonding and Insurance ......................................................................................................... 2 2.8 Procurement ............................................................................................................................ 2 2.9 Specifications ......................................................................................................................... 3 2.10 Soft Costs ................................................................................................................................. 3 3. Contingencies 3 3.1 Design and Pricing Contingency ......................................................................................... 3 3.2 Escalation Contingency ......................................................................................................... 3 3.3 Construction Contingency (Post Contract Changes) ....................................................... 4 4. General Liability 4 4.1 Statement of Probable Costs ................................................................................................ 4 4.2 Ongoing Cost Control ............................................................................................................. 4 5. Estimate Scope Clarifications 5 5.1 List of Exclusions .................................................................................................................... 5 5.2 List of Assumptions ................................................................................................................ 5 6. Documentation Received 6 7. Gross Floor Area Summary 6 7.1 Summary of New Construction Area .................................................................................. 6 7.2 Gross Floor Areas (graphical representations) ................................................................ 7 8. Elemental Estimate A1 – A31 Page 117 of 737 117788, Niagara Falls Exchange – Class B Estimate (R.0) 1 ® 1. Introduction to the Estimate 1.1 Project Description This project consists of a new two-level farmers market and cultural hub including a partial basement located at 5943 Sylvia Place, Niagara Falls. The new building will accommodate storage, gender neutral washrooms, hall, café, workshop, barrier free washrooms, and studios. 1.2 Type of Estimate This Class B Estimate is intended to establish a realistic elemental estimate of the hard construction costs based on the level of design information provided. Detailed quantities have been measured from drawings where possible for the proposed building and associated site development. This estimate reflects our opinion as to the fair market value for the hard construction of this project. The accuracy of the estimate is based on the documentation provided and design stage is intended to be +/- 15%. This accuracy is based on the definition for Estimate Classifications (Class (A, B, C & D) outlined in the *Guide to Cost Predictability in Construction prepared by the Joint Federal Government & an Industry Cost Predictability Taskforce. Contingencies are included to offset the accuracy risk, to the extent that the estimated amount represents the current opinion of the likely fair market value at the time of tender. The intention of the estimate is not to predict the low bid price received; typically based on historical tender results estimates are more likely to be towards the median value of bids received under competitive conditions. This is a deliberate methodology due to the inherent risk in attempting to predict the low bid and numerous factors which can contribute to lower than anticipated tender submissions which are beyond our control. *Reference: http://www.cca-acc.com/pdfs/en/CCA/Guide_to_Cost_Predictability.pdf 2. Basis of the Estimate 2.1 General Information From the design information provided, we have measured quantities where possible and applied typical unit rates for each of the specific elements based on the project specifications. Where specific design information has not been provided, unit rates are based on historical cost data for this type of project. In some instances where design information is limited, we have made reasonable assumptions based on our experience with projects of a similar scope and design. Estimates for mechanical and electrical systems are developed based on information prepared by the project engineers, historical projects and experience. Significant changes to the basis of design will impact the estimate value; this is particularly critical where changes are made after the final estimate prior to tender. We recommend that all major design or scope changes be reviewed for their cost, time and constructability impact prior to incorporation in a finalized tender package. 2.2 Location Cost Base The location cost base for this estimate is Niagara Falls, Ontario. 2.3 Unit Rates The unit rates in the preparation of the elemental estimate include labour and material, equipment, and subcontractors overheads and profits. We have assumed for pricing purposes that non-union contractors would perform the work. We have assumed the fair wage policy would be in effect. The unit rates for each of the elements are based on typical mid-range costs for the type of design, construction, and materials proposed. Page 118 of 737 117788, Niagara Falls Exchange – Class B Estimate (R.0) 2 ® Unit rates in all estimates combine the material, labour, and equipment components for a single unit cost for ease of presentation. This estimate is not a prediction of low bid. Pricing assumes competitive bidding for every aspect of the work. 2.4 Taxes Harmonized Sales Tax (HST) is excluded from our estimate. 2.5 Construction Schedule The estimate has been prepared on the assumption that the work will be performed within the timelines of a normal construction schedule. The duration of the schedule would be based on the work being performed during regular daytime work hours. We have assumed the structural components of the building would be constructed in predominantly non-winter months. No allowances have been included for premium time and after hours work associated with an accelerated construction schedule. 2.6 General Requirements and Fees The General Requirements for the General Contractor are included as a percentage of the hard construction cost. This estimate of the prime contractor’s site overheads includes site supervision and labour, access to the site, site accommodations, site protection, temporary utilities, clean up, equipment, and other miscellaneous project requirements provided by the General Contractor. The Fee element of the estimate is meant to cover the General Contractor’s fee to perform the work. The fee would be based on the competitive nature of the bidding process and the market conditions at the time of tender. 2.7 Bonding and Insurance We have included the median estimated costs for 50% Performance, 50% Labour and Materials, and 10% bid bonds. These are the traditional bonding requirements commonly requested by the owner. The actual final bonding costs will vary depending on the selected contractors’ performance history. The estimate includes an allowance for general liability and builder’s risk insurance based on an average cost per $1,000 of estimated hard construction costs. The actual insurance costs would be subject to the insurance requirements for the project. 2.8 Procurement It was assumed for the preparation of this estimate that the project would be tendered to a prequalified list of bidders with a project specific lump sum contract. Pricing is based on competitive tender results with a minimum of four (preferably six tender submissions) at general contractor and major trade level. Pre-qualification with a restrictive list of contractors or subcontractors may result in a higher tendered cost due to the inherent reduction in competitiveness. Tenders receiving two or less submissions (occasionally three) historically tend to have a much higher risk of an overrun in cost when compared to the budget established in an estimate. Ensuring adequate bonafide bidders is a prerequisite for competitive bidding scenarios, on which the estimate is predicated. Page 119 of 737 117788, Niagara Falls Exchange – Class B Estimate (R.0) 3 ® 2.9 Specifications Where detailed and comprehensive specifications are unavailable, we have assumed that no onerous special requirements will be applicable to this project. It was assumed that all materials and equipment could be substituted with an alternative product to avoid sole-sourcing which results in a non-competitive market condition. 2.10 Soft Costs The estimated soft costs have been excluded from this estimate. An itemized list of potential soft costs has been shown on the Master Estimate Summary. These costs include items traditionally funded by the owner and separate from the hard construction costs which would be applicable to the contractor. The soft costs include items such as consultant fees; disbursements; project management fees; independent inspection and testing; third party commissioning; legal fees; permits and development charges; operational and moving expenses; financing and loan fees; owner supplied furnishings, fixtures, and equipment; land acquisition costs; and Harmonized Sales Tax. 3. Contingencies 3.1 Design and Pricing Contingency A design and pricing contingency has been included in the estimate as a percentage of the hard construction costs including the general requirements and fees. This contingency is meant to cover design and pricing unknowns in the preparation of this estimate and reflect the incomplete nature of the design information provided at the time the estimate is prepared. The estimate includes the following design and pricing contingencies by discipline: The contingency where included in our estimate is not meant to cover significant additional program space or quality modifications, but rather to provide some flexibility as the design develops. The design contingency typically decreases as the design progresses and more definition and detail is available to refine the basis of the cost estimate. If the owner anticipates significant changes to the basis of design we recommend additional contingency be retained as a reserve for the scope modifications. 3.2 Escalation Contingency The estimate includes an allowance for escalation. This allowance of is meant to provide for increases in construction costs due to changes in market conditions between the time of the estimate and the potential construction commencement. For projects with a schedule in excess of 12 months, the contingency is based on a timeframe that takes escalation to the midpoint of the construction phase. Escalation during construction is included in the unit rates; essentially this allowance is the risk carried by the general contractor and trades with a fixed price made years before the work is completed or carried out for some trades. Design Contingencies Architectural - 7.5% Structural - 7.5% Mechanical - 7.5% Electrical - 7.5% Siteworks - 7.5% Escalation Assumed Tender Date - Q4 2019 Escalation % per annum - 4.0% Total % Escalation - 3.0% Page 120 of 737 117788, Niagara Falls Exchange – Class B Estimate (R.0) 4 ® 3.3 Construction Contingency (Post Contract Changes) The estimate excludes a contingency for the construction phase of the project. This contingency, when included, is meant to cover the potential cost of post contract changes that may occur after the project is tendered. As the contingency is excluded from the estimate, we recommend that at a minimum the owner retain a 3-5% contingency for new construction and a 5-7% contingency for renovation. Where a project is of a complex nature these contingencies should be increased to reflect the risk of changes during construction. This contingency excludes any major program or scope requests by the client; these should form part of an overall project management reserve or be reflected in increased funding. 4. General Liability 4.1 Statement of Probable Costs A.W. Hooker Associates Ltd. (HOOKER) has no control over the cost of labour and materials, the general contractors or any subcontractors’ methods of determining prices, or competitive bidding and market conditions. This opinion of probable cost of construction is based on the experience, qualifications, and best judgment of the professional consultant familiar with the construction industry. HOOKER does not warranty that proposals or actual construction costs will not vary from this or subsequent estimates. 4.2 Ongoing Cost Control A.W. Hooker Associates Ltd. recommends that the owner and/or the design team carefully review the cost estimate report, including line item descriptions, unit price clarifications, exclusions, inclusions and assumptions, contingencies, escalation, and mark-ups. This is to ensure that the design intent is captured within the content of the report. This is especially important at early stage estimates which tend to be based on a lesser level of design completion. If the project is over budget or there are unresolved budget issues, alternative systems or schemes should ideally be evaluated before proceeding with the design phase. We recommend that cost control be implemented throughout the various stages of the design process to ensure the proposed design remains within the overall budget. It is recommended that the final estimate be produced by HOOKER using Bid Documents to determine overall cost changes, which may have occurred since the preparation of this estimate. The final update estimate will address changes and additions to the documents as well as addenda issued during the bidding process. HOOKER cannot reconcile bid results to any estimate not produced from bid documents including all addenda. Page 121 of 737 117788, Niagara Falls Exchange – Class B Estimate (R.0) 5 ® 5. Estimate Scope Clarifications 5.1 List of Exclusions 1. Harmonized Sales Tax (HST) 2. Project Soft Costs (as described in item 2.10 above and shown on Master Estimate Summary) 3. Furniture, furnishings, and equipment (except as noted in the estimate) 4. Premium time / after hours work 5. Accelerated construction schedule 6. Construction contingency 7. Abatement and handling of asbestos and other hazardous materials 8. Handling and removal of contaminated soils 9. Special foundation systems such as caissons or pile foundations 10. Premium for construction management or alternate approaches to procurement 11. Sole sourced equipment or building control systems 12. Security and Communications Equipment & Cabling; estimate includes empty conduit only 5.2 List of Assumptions Architectural / Structural / Landscaping: 1. The existing soils on the site are adequate to support standard strip and pad foundations to the minimum depth required for frost. No allowances have been made for larger or special foundations such as caissons or piles due to poor soil conditions. 2. The existing site is relatively flat and the finished floor and site elevations were set to work with the existing grades to avoid major cut and fill. 3. Existing sidewalk to remain. 4. Commercial style kitchen to be used in café. 5. Refer to estimate for further assumptions Mechanical: 6. Work will be completed by union contractors during regular working hours 7. A provisional sum is allowed for fume exhaust and wood workshop dust collector system 8. A grinder pump is considered for basement sanitary ejection. 9. Fire pump and generator support system are excluded. 10. Fire Sprinkler protection by means of wet system. 11. Radiant heating is required throughout ground and 2nd floors. 12. Refer to estimate for additional scope and assumptions. Electrical: 13. Power will be provided via a new 600A 347/600V main service. See cash allowances for the hydro transformer and connection charge. 14. An allowance for relocation of the existing overheard Hydro line has been included. 15. Life safety lighting will be provided by battery units and exit signs. 16. A building grounding system has been included. 17. See cash allowances for supply, installation, and programming of security equipment. 18. Refer to estimate for additional scope and assumptions. General: 19. Various assumptions have been made based on the design information available and our experience with projects of a similar nature. Please refer to the specific items within the estimate for the detailed assumptions made. Page 122 of 737 117788, Niagara Falls Exchange – Class B Estimate (R.0) 6 ® 6. Documentation Received Drawings and design documentation were prepared by the following consultants: Pages Documentation Received Documentation Issued A101-500 Architectural Drawings prepared by DTAH Architects January 11, 2019 6 Pages Architectural Outline Specification prepared by DTAH Architects January 8, 2019 S100-104 Structural drawings prepared by Feat Lab January 17, 2019 12 Pages Mechanical design brief prepared by Integral Group November 26, 2018 13 Pages Electrical design brief prepared by Integral Group January 16, 2019 6 Pages Terms of Reference for Soils Investigation prepared by Faet Lab N/A 7 Pages Thermal Conductivity Specification prepared by Integral Group September 11, 2018 1 Dwg Proposed Geoexchange Pre-investigation Layout N/A 7. Gross Floor Area Summary The following gross floor areas of new construction have been measured from floor plan drawings. The areas were measured electronically with a digitizer and checked longhand by dimensioning and scaling. The gross area calculations were performed in accordance with the Standard Method of Measurement published by the Canadian Institute of Quantity Surveyors. 7.1 Summary of New Construction Area Area Description Floor Elevation Gross Floor Area Basement Level -3.6m 485 Ground 0m 964 Second 3.6m 470 Third 6.6m 32 Total Gross Floor Area (square meters) 1,951 Total Gross Floor Area (square feet) 21,000 Page 123 of 737 117788, Niagara Falls Exchange – Class B Estimate (R.0) 7 ® 7.2 Gross Floor Areas (graphical representations) Ground Floor Basement Page 124 of 737 117788, Niagara Falls Exchange – Class B Estimate (R.0) 8 ® Second Floor Third Floor Page 125 of 737 MASTER ESTIMATE SUMMARY NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 GFA Unit Sub Estimated % of Hard Construction Costs (m2) (Cost/m2) Total Total Total 1 Building Shell 1,951 $1,468.00 $2,864,059 27.2% - Sub Structure $115.10 $224,560 - Structure $517.36 $1,009,376 - Exterior Enclosure $835.53 $1,630,123 2 Building Interiors 1,951 $337.45 $658,365 6.3% - Partitions and Doors $136.44 $266,185 - Finishes $47.68 $93,022 - Fittings and Equipment $153.34 $299,158 3 Mechanical 1,951 $1,398.96 $2,729,378 25.9% - Plumbing and Drainage $231.64 $451,922 - Fire Protection $34.44 $67,183 - Heating, Ventilation, Air Conditioning $990.09 $1,931,673 - Controls $142.80 $278,600 4 Electrical 1,951 $383.67 $748,532 7.1% - Service and Distribution $166.68 $325,190 - Lighting, Devices, and Heating $141.04 $275,173 - Systems and Ancillaries $75.95 $148,170 5 Site Work 1,951 $556.86 $1,086,437 10.3% - Site Development (prep, surfaces, landscaping) $353.18 $689,046 - Mechanical Site Services $105.19 $205,225 - Electrical Site Services $98.50 $192,167 6 Ancillary Work 1,951 $12.81 $25,000 0.2% - Demolition $12.81 $25,000 - Alterations $0.00 $0 7 Contractor's General Requirements 8.0% 1,951 $530.45 $1,034,900 9.8% 8 Contractor's Fees (OH&P) 4.0% 1,951 $187.60 $366,000 3.5% 9 Design & Pricing Contingency 7.5% 1,951 $365.71 $713,500 6.8% Sub Total (current dollars) 1,951 $5,241.41 $10,226,000 10 Escalation Contingency 3.0% 1,951 $157.25 $306,800 2.9% Sub Total (including escalation to Q4 2019 ) 1,951 $5,398.77 $10,533,000 11 Construction Contingency (Post Contract Changes)0.0% 1,951 Excluded $0 0.0% Total Estimated Hard Construction Cost 1,951 $5,398.77 $10,533,000 Imperial Conversion 21,001 $501.56 Per SF Estimated Construction Costs (Breakdown by Major Component) GFA m2 Unit Cost/m2 Estimated Total % of Total 1 Building 1,951 $4,659.15 $9,090,000 86.3% 2 Alterations and Demolition 1,951 $16.40 $32,000 0.3% 3 Site Work (including M&E site services) 1,951 $723.22 $1,411,000 13.4% 4 Soft Costs 1,951 $0.00 Excluded 0.0% Total Estimated Hard and Soft Construction Costs 1,951 $5,398.77 $10,533,000 Imperial Conversion 21,001 $501.56 Per SF A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A1 Page 126 of 737 ITEMIZED AND SEPARATE ESTIMATE SUMMARY NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Itemized Estimates: (Included Above) 1 Demolition of existing building and site works $1,404,000 2 Premium for Geothermal system including field and associated mechanical equipment $778,000 3 Rain-water capture and reuse system including associated piping, filtration, etc. (Provisional allowance)$126,000 4 PV rooftop installation including asociated infrasrtucture (assumed 60KW) $212,000 Sub Total of Itemized Estimates $2,520,000 Separate Estimates: (Not Included Above) 1 Building ambient loop with distributed heat pumps in lieu of heat recovery chiller/heater with four pipe fan coils -$27,000 2 Cost savings to change from geoexchange to high efficiency air cooled chiller plant (assumed all gylcol CHW)-$778,000 Sub Total of Separate Estimates -$805,000 The Separate costs listed below are EXCLUDED in our estimate. The amount identified for each item is inclusive of all mark ups on a prorated basis (General Requirements, Fee and Contingencies). The Itemized costs listed below are INCLUDED in our estimate. The amount identified for each item is inclusive of all mark ups on a prorated basis (General Requirements, Fee and Contingencies). A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A2 Page 127 of 737 MECHANICAL ESTIMATE SUMMARY CLASS B ESTIMATE FEBRUARY 11, 2019 Gross Floor Area 1,951 m2 Specialty Sub $ per m2 Description Sub Element Element Sub $ per m2 % Element\Sub-Element Break down Total Total Element Element Element C1 Mechanical C1.1 Plumbing & Drainage $451,922 $231.64 15.4% C1.11 - Plumbing Fixtures $65,700 $33.68 C1.12 - Domestic Water $88,350 $45.28 C1.13 - Sanitary Waste & Vent $94,950 $48.67 C1.14 - Storm $47,922 $24.56 C1.15 - Natural Gas $7,000 $3.59 C1.16 - Specialty Systems: $100,000 $51.26 - C1.16.1 - Rain Water Harvesting $100,000 C1.17 - Miscellaneous Works and General Accounts $48,000 $24.60 C1.2 Fire Protection $67,183 $34.44 2.3% C1.21 - Standpipe $0 $0.00 C1.22 - Sprinklers $65,383 $33.51 C1.23 - Specialty Systems $750 $0.38 C1.24 - Fire Extinguisher $1,050 $0.54 C1.25 - Miscellaneous Works and General Accounts $0 $0.00 C1.3 Heating, Ventilation & Air Conditioning $1,931,673 $990.09 65.8% C1.31 - Liquid Heat Transfer (Heating) $334,093 $171.24 C1.32 - Liquid Heat Transfer (Cooling) $354,295 $181.60 C1.33 - Geothermal / Condenser Water System $526,000 $269.61 C1.34 - Air Distribution $366,400 $187.80 C1.35 - Exhaust Systems $100,000 $51.26 C1.36 - Specialty Systems $0 $0.00 C1.37 - Support Systems and Works $43,885 $22.49 - C1.37.1 - Noise and Vibration Isolation $3,885 - C1.37.2 - Mechanical Wiring and Starters $0 - C1.37.3 - Balancing and Commissioning $40,000 C1.38 - Miscellaneous Works and General Accounts $207,000 $106.10 C1.4 Controls $278,600 $142.80 9.5% C1.41 - Controls and Automation $278,600 $142.80 C1.42 - Miscellaneous Works and General Accounts $0 $0.00 Total Building (C1) Mechanical $2,729,378 $1,398.96 Per m2 Imperial Conversion 21,001 SF $129.97 Per SF D1.2 Siteworks - Mechanical Summary 6,029 D1.2 Site Works $205,225 $105.19 7.0% D1.21 - Water $31,475 $16.13 D1.22 - Sanitary $14,400 $7.38 D1.23 - Storm $113,850 $58.35 D1.24 - Natural Gas $15,500 $7.94 D1.25 - Specialty Systems $30,000 $15.38 D1.26 - Miscellaneous Works and General Accounts $0 $0.00 Total Siteworks (D1.2) Mechanical $205,225 $105.19 Per m2 Imperial Conversion 64,896 SF $3.16 Per SF Total Building (C1) and Siteworks (D1.2) Mechanical $2,934,603 $1,504.15 Per m2 Imperial Conversion 21,001 SF $139.74 Per SF NIAGARA FALLS EXCHANGE A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A3 Page 128 of 737 ELECTRICAL ESTIMATE SUMMARY CLASS B ESTIMATE FEBRUARY 11, 2019 Gross Floor Area 1,951 m2 Sub $ per m2 Description Element Element Sub $ per m2 % Element\Sub-Element Total Total Element Element Element C2 Electrical C2.1 Service & Distribution $325,190 $166.68 34.6% C2.11 - Main Service $26,200 $13.43 C2.12 - Emergency Power $0 $0.00 C2.13 - Distribution $41,751 $21.40 C2.14 - Feeders $32,777 $16.80 C2.15 - Motor Controls & Wiring $16,388 $8.40 C2.16 - Miscellaneous $175,500 $89.95 C2.17 - Electrical Contractors Overhead $32,573 $16.70 C2.2 Lighting, Devices & Heating $275,173 $141.04 29.3% C2.21 - Lighting $185,345 $95.00 C2.22 - Branch Devices & Wiring $52,677 $27.00 C2.23 - Heating $0 $0.00 C2.24 - Electrical Contractors Overhead $37,151 $19.04 C2.3 Systems & Ancillaries $148,170 $75.95 15.8% C2.31 - Fire Alarm System $38,142 $19.55 C2.32 - Security System $24,388 $12.50 C2.33 - Communications $29,462 $15.10 C2.34 - P.A. System $27,704 $14.20 C2.35 - Miscellaneous $9,755 $5.00 C2.36 - Electrical Contractors Overhead $18,719 $9.59 Total Building (C2) Electrical $748,532 $383.67 Per m2 Imperial Conversion 21,001 SF $35.64 Per SF D1.3 Siteworks - Electrical Summary Site Work Area 6,029 m2 D1.3 Electrical Site Services $192,167 $98.50 20.4% D1.31 - Site - Power $125,918 $64.54 D1.32 - Site - Communications $20,716 $10.62 D1.33 - Site - Lighting $26,750 $13.71 D1.34 - Site - Electrical Contractors Overhead $18,783 $9.63 Total Siteworks (D1.3) Electrical $192,167 $98.50 Per m2 Imperial Conversion 64,896 SF $2.96 Per SF Total Building (C2) and Siteworks (D1.3) Electrical $940,699 $482.16 Per m2 Imperial Conversion 21,001 SF $44.79 Per SF NIAGARA FALLS EXCHANGE A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A4 Page 129 of 737 ELEMENTAL SUMMARY NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 Gross Floor Area 1,951 m2 $ per m2 Description Unit Sub Element Sub $ per m2 % Element\Sub-Element Ratio Quantity Unit Rate Element Total Element Element A. SHELL A1. Sub-Structure $224,560 $115.10 2.1% A1.1 Foundations 0.25 485 m2 $360.31 $174,752 $89.57 A1.2 Basement Excavation 0.25 485 m2 $102.70 $49,808 $25.53 A2. Structure $1,009,376 $517.36 9.6% A2.1 Lowest Floor Construction 0.50 973 m2 $110.71 $107,716 $55.21 A2.2 Upper Floor Construction 0.50 978 m2 $492.14 $481,310 $246.70 A2.3 Roof Construction 0.53 1,027 m2 $409.30 $420,350 $215.45 A3. Exterior Enclosure $1,630,123 $835.53 15.5% A3.1 Walls Below Grade 0.20 393 m2 $428.73 $168,490 $86.36 A3.2 Walls Above Grade 0.70 1,373 m2 $390.67 $536,396 $274.93 A3.3 Windows & Entrances 0.12 232 m2 $658.68 $152,700 $78.27 A3.4 Roof Finish 0.53 1,027 m2 $608.80 $625,235 $320.47 A3.5 Projections 1.00 1,951 m2 $75.50 $147,303 $75.50 B. INTERIORS B1 Partitions & Doors $266,185 $136.44 2.5% B1.1 Partitions 0.58 1,124 m2 $190.65 $214,290 $109.84 B1.2 Doors 0.06 118 m2 $441.38 $51,895 $26.60 B2 Finishes $93,022 $47.68 0.9% B2.1 Floor Finishes 0.88 1,725 m2 $26.49 $45,698 $23.42 B2.2 Ceiling Finishes 0.88 1,725 m2 $5.87 $10,125 $5.19 B2.3 Wall Finishes 1.58 3,089 m2 $12.04 $37,200 $19.07 B3 Fittings & Equipment $299,158 $153.34 2.8% B3.1 Fittings & Fixtures 1.00 1,951 m2 $71.33 $139,158 $71.33 B3.2 Equipment 1.00 1,951 m2 $5.13 $10,000 $5.13 B3.3 Conveying Systems 1.00 1,951 m2 $76.88 $150,000 $76.88 C. SERVICES C1 Mechanical $2,729,378 $1,398.96 25.9% C1.1 Plumbing & Drainage 1.00 1,951 m2 $231.64 $451,922 $231.64 C1.2 Fire Protection 1.00 1,951 m2 $34.44 $67,183 $34.44 C1.3 HVAC 1.00 1,951 m2 $990.09 $1,931,673 $990.09 C1.4 Controls 1.00 1,951 m2 $142.80 $278,600 $142.80 C2 Electrical $748,532 $383.67 7.1% C2.1 Service & Distribution 1.00 1,951 m2 $166.68 $325,190 $166.68 C2.2 Lighting, Devices & Heating 1.00 1,951 m2 $141.04 $275,173 $141.04 C2.3 Systems & Ancillaries 1.00 1,951 m2 $75.95 $148,170 $75.95 D. SITE & ANCILLARY WORK D1 Site Work $1,086,437 $556.86 10.3% D1.1 Site Development 3.09 6,029 m2 $114.29 $689,046 $353.18 D1.2 Mechanical Site Services 3.09 6,029 m2 $34.04 $205,225 $105.19 D1.3 Electrical Site Services 3.09 6,029 m2 $31.87 $192,167 $98.50 D2 Ancillary Work $25,000 $12.81 0.2% D2.1 Demolition 1.00 1,951 m2 $12.81 $25,000 $12.81 D2.2 Alterations 0.00 0 m2 $0.00 $0 $0.00 Z. GENERAL REQUIREMENTS & CONTINGENCIES Z1 General Requirements & Fees $1,400,900 $718.04 13.3% Z1.1 General Requirements 1.00 1,951 m2 $530.45 $1,034,900 $530.45 Z1.2 Fees 1.00 1,951 m2 $187.60 $366,000 $187.60 Z2 Allowances $1,020,300 $522.96 9.7% Z2.1 Design & Pricing Contingency 1.00 1,951 m2 $365.71 $713,500 $365.71 Z2.2 Escalation Contingency 1.00 1,951 m2 $157.25 $306,800 $157.25 Z2.3 Construction Contingency 0.00 0 m2 Excluded $0 $0.00 TOTAL ESTIMATED CONSTRUCTION COST (nearest ,000) $10,533,000 $5,398.76 100.0% Elemental Cost A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A5 Page 130 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -A. SHELL -A1.1 SUB-STRUCTURE - Foundations -A1.11 - Standard Foundations Note: We have assumed normal soil conditions exist in the proposed building location and that load bearing soil is present at the levels shown on the architectural/structural drawings. 1 Strip topsoil and stockpile on site Included in D1.1 2 Excavation to foundations 866 m3 $10.50 $9,093 3 Backfill with excavated material 416 m3 $9.50 $3,952 4 Backfill with imported granular 358 m3 $29.50 $10,561 5 Dispose excess excavated material off site 450 m3 $10.50 $4,725 6 Exterior strip footings including: 156 m $79.43 $12,391 6.1 - hand trim 64 m2 $8.50 $544 6.2 - formwork 62 m2 $105.00 $6,510 6.3 - reinforcing steel 0.6 TN $2,200.00 $1,320 6.4 - concrete, assumed 25 MPa, exposure class 'N' 13 m3 $195.00 $2,535 6.5 - keyway 156 m $9.50 $1,482 7 Interior strip footings including: 5 m $78.80 $394 7.1 - hand trim 2 m2 $8.50 $17 7.2 - formwork 2 m2 $105.00 $210 7.3 - reinforcing steel 0.01 TN $2,200.00 $22 7.4 - concrete, assumed 25 MPa, exposure class 'N' 0.5 m3 $195.00 $98 7.5 - keyway 5 m $9.50 $48 8 Exterior pad footings including: 44 NO $576.93 $25,385 8.1 - hand trim 120 m2 $8.50 $1,020 8.2 - formwork 96 m2 $105.00 $10,080 8.3 - reinforcing steel 2.3 TN $2,200.00 $5,060 8.4 - concrete, assumed 25 MPa, exposure class 'F2' 45 m3 $205.00 $9,225 9 Interior pad footings including: 4 NO $656.38 $2,626 9.1 - hand trim 13 m2 $8.50 $111 9.2 - formwork 10 m2 $105.00 $1,050 9.3 - reinforcing steel 0.2 TN $2,200.00 $440 9.4 - concrete, assumed 25 MPa, exposure class 'F2' 5 m3 $205.00 $1,025 10 Exterior foundation walls including: 114 m2 $325.48 $37,105 10.1 - formwork 228 m2 $115.00 $26,220 10.2 - reinforcing steel 2.7 TN $2,200.00 $5,940 10.3 - concrete, assumed 25 MPa, exposure class 'F2' 23 m3 $215.00 $4,945 11 Exterior pilasters and interior piers including: 44 NO $973.41 $42,830 11.1 - formwork 261 m2 $115.00 $30,015 11.2 - reinforcing steel 2.6 TN $2,200.00 $5,720 11.3 - concrete, assumed 25 MPa, exposure class 'F2' 33 m3 $215.00 $7,095 12 Perimeter weeping tile and granular, assumed required 156 m $30.00 $4,680 13 Exterior wall type EX1 including: 114 m2 $90.00 $10,260 13.1 - self-adhesive waterproofing membrane 114 m2 $55.00 $6,270 13.2 - 75mm rigid insulation 114 m2 $35.00 $3,990 14 Extra over for stepped footings 3 NO $250.00 $750 15 Miscellaneous embedded metals 1 LS $1,000.00 $1,000 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A6 Page 131 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total 16 Elevator foundations 1 NO $7,500.00 $7,500 17 Stair foundations 3 NO $500.00 $1,500 -A1.12 - Special Foundations 18 NIL -TOTAL FOR SUB-STRUCTURE - Foundations 0.25 485 m2 $360.31 $174,752 -A1.2 SUB-STRUCTURE - Basement Excavation 19 Bulk excavation to basement 1,732 m2 $8.50 $14,722 20 Trench excavation to perimeter 845 m2 $10.50 $8,873 21 Backfill trench with excavated material 845 m2 $9.50 $8,028 22 Dispose excess excavated material off site 1,732 m2 $10.50 $18,186 -TOTAL FOR SUB-STRUCTURE - Basement Excavation 0.25 485 m2 $102.70 $49,808 -A2.1 STRUCTURE - Lowest Floor Construction 23 Level and compact subgrade 973 m2 $1.50 $1,460 24 Concrete slab on grade, type F2 including: 973 m2 $102.42 $99,657 24.1 - compacted granular sub base, assumed 200mm 195 m3 $29.50 $5,753 24.2 - 75mm rigid insulation 973 m2 $35.00 $34,055 24.3 - underslab vapour barrier 973 m2 $10.00 $9,730 24.4 - wire mesh reinforcing 973 m2 $10.00 $9,730 24.5 - concrete, 150mm thick, assumed 25MPa, exposure class 'N' 146 m3 $190.00 $27,740 24.6 - screed and cure 973 m2 $6.50 $6,325 24.7 - steel trowel finish 973 m2 $6.50 $6,325 25 Extra over for slab thickening at slab drop 31 m2 $100.00 $3,100 26 Pits and trenches 1 LS $1,500.00 $1,500 27 Curbs and pads for mechanical equipment 1 LS $2,000.00 $2,000 -TOTAL FOR STRUCTURE - Lowest Floor Construction 0.50 973 m2 $110.71 $107,716 -A2.2 STRUCTURE - Upper Floor Construction -A2.21 - Upper Floor Construction 28 Timber deck floor construction, type F1 to ground floor including: including: 476 m2 $430.29 $204,820 28.1 - wall bearing plates 28 NO $175.00 $4,900 28.2 - structural steel beams 21.4 TN $3,000.00 $64,200 28.3 - 75mm concrete topping 36 m3 $200.00 $7,200 28.4 - 16mm plywood sheathing 476 m2 $30.00 $14,280 28.5 - 2"x6" nail laminated timber decking 476 m2 $240.00 $114,240 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A7 Page 132 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total 29 Timber deck floor construction, type F1 to second floor including: including: 470 m2 $481.28 $226,200 29.1 - base plates and anchor bolts 32 NO $250.00 $8,000 29.2 - moment connections 3 NO $300.00 $900 29.3 - structural steel beams 22.9 TN $3,000.00 $68,700 29.4 - structural steel columns 4.9 TN $3,000.00 $14,700 29.5 - 75mm concrete topping 35 m3 $200.00 $7,000 29.6 - 16mm plywood sheathing 470 m2 $30.00 $14,100 29.7 - 2"x6" nail laminated timber decking 470 m2 $240.00 $112,800 30 Timber deck floor construction, type F1 to third floor including: including: 32 m2 $390.31 $12,490 30.1 - structural steel beams 1.15 TN $3,000.00 $3,450 30.2 - 75mm concrete topping 2 m3 $200.00 $400 30.3 - 16mm plywood sheathing 32 m2 $30.00 $960 30.4 - 2"x6" nail laminated timber decking 32 m2 $240.00 $7,680 31 Framing to floor openings 1 LS $2,000.00 $2,000 32 Spray fireproofing to upper floor structure Assumed not required -A2.22 - Stair Construction 33 Metal pan concrete filled stairs 77 m $275.00 $21,175 34 Cast in place concrete stairs 45 m $325.00 $14,625 -TOTAL FOR STRUCTURE - Upper Floor Construction 0.50 978 m2 $492.14 $481,310 -A2.3 STRUCTURE - Roof Construction -A2.31 - Roof Construction 35 Sloped roof (developed area) type R1 including: 754 m2 $422.76 $318,760 35.1 - base plates and anchor bolts 46 NO $250.00 $11,500 35.2 - structural steel columns 8.85 TN $3,000.00 $26,550 35.3 - structural steel beams 29.75 TN $3,000.00 $89,250 35.4 - bridging and bracing 3.5 TN $3,000.00 $10,500 35.5 - 2"x6" nail laminated timber decking 754 m2 $240.00 $180,960 36 Second floor flat roof type R2 including: 181 m2 $328.40 $59,440 36.1 - base plates and anchor bolts 10 NO $250.00 $2,500 36.2 - structural steel columns 0.85 TN $3,000.00 $2,550 36.3 - structural steel beams 3.25 TN $3,000.00 $9,750 36.4 - bridging and bracing, assumed 2kg/m2 0.4 TN $3,000.00 $1,200 36.5 - 2"x6" nail laminated timber decking 181 m2 $240.00 $43,440 37 Third floor flat roof type R3 including: 92 m2 $436.41 $40,150 37.1 - base plates and anchor bolts 7 NO $250.00 $1,750 37.2 - structural steel columns 0.4 TN $3,000.00 $1,200 37.3 - structural steel beams 7.6 TN $3,000.00 $22,800 37.4 - bridging and bracing, assumed 2kg/m2 0.2 TN $3,000.00 $600 37.5 - 19 x 89mm cedar T&G soffit 92 m2 $150.00 $13,800 38 Framing to roof openings 1 LS $2,000.00 $2,000 -TOTAL FOR STRUCTURE - Roof Construction 0.53 1,027 m2 $409.30 $420,350 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A8 Page 133 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -A3.1 EXTERIOR ENCLOSURE - Walls Below Grade -A3.11 - Walls Below Grade 39 Concrete walls to basement, type EXT1 including: 393 m2 $428.73 $168,490 39.1 - formwork 785 m2 $115.00 $90,275 39.2 - reinforcing steel 9.2 TN $2,200.00 $20,240 39.3 - concrete, assumed 25 MPa, exposure class 'F2' 96 m3 $215.00 $20,640 39.4 - self-adhesive waterproofing membrane 393 m2 $60.00 $23,580 39.5 - 75mm rigid insulation 393 m2 $35.00 $13,755 -A3.12 - Structural Walls Below Grade 40 NIL -TOTAL FOR EXT. ENCLOSURE - Walls Below Grade 0.20 393 m2 $428.73 $168,490 -A3.2 EXTERIOR ENCLOSURE - Walls Above Grade -A3.21 - Walls Above Grade 41 Prefinished metal siding, type EX2 including: 845 m2 $336.50 $284,343 41.1 - 16mm high impact type X gypsum board 845 m2 $31.50 $26,618 41.2 - polyethylene sheet vapour barrier 845 m2 $13.50 $11,408 41.3 - 152mm steel studs @ 610mm o.c 845 m2 $72.50 $61,263 41.4 - 152mm mineral fibre insulation batts 845 m2 $13.50 $11,408 41.5 - 13mm exterior sheathing with joints taped / sealed 845 m2 $27.00 $22,815 41.6 - 102mm vertical 18ga. galvanized steel sub-girt system @ 600mm o.c with thermal break 845 m2 Included Below 41.7 - 84mm mineral fibre insulation boards 845 m2 $13.50 $11,408 41.8 - 16mm horizontal 18ga. galvanized steel sub-girt system @ 400mm o.c with thermal break 845 m2 Included Below 41.9 - 9mm ventilation gap 845 m2 $0.00 $0 41.10 - prefinished corrugated metal cladding with concealed fasteners 845 m2 $165.00 $139,425 42 Art panel wall siding, type EX3 including: 148 m2 $511.50 $75,702 42.1 - 16mm high impact type X gypsum board 148 m2 $31.50 $4,662 42.2 - polyethylene sheet vapour barrier 148 m2 $13.50 $1,998 42.3 - 152mm steel studs @ 610mm o.c 148 m2 $72.50 $10,730 42.4 - 152mm mineral fibre insulation batts 148 m2 $13.50 $1,998 42.5 - 13mm exterior sheathing with joints taped / sealed 148 m2 $27.00 $3,996 42.6 - 102mm vertical 18ga. galvanized steel sub-girt system @ 600mm o.c with thermal break 148 m2 Included Below 42.7 - 84mm mineral fibre insulation boards 148 m2 $13.50 $1,998 42.8 - 16mm horizontal 18ga. galvanized steel sub-girt system @ 400mm o.c with thermal break 148 m2 Included Below 42.9 - 9mm ventilation gap 148 m2 $0.00 $0 42.10 - 4mm aluminum composite panel cladding with concealed fasteners 148 m2 $340.00 $50,320 43 Masonry cavity wall, type EX4 including: 91 m2 $370.00 $33,670 43.1 - 190mm concrete block wall 91 m2 $180.00 $16,380 43.2 - 25mm air space 91 m2 $0.00 $0 43.3 - 90mm masonry veneer 91 m2 $190.00 $17,290 44 Prefinished metal siding, type EX6 including: 69 m2 $399.00 $27,531 44.1 - 190mm concrete block wall 69 m2 $180.00 $12,420 44.2 - polyethylene sheet vapour barrier 69 m2 $13.50 $932 44.3 - 13mm exterior sheathing with joints taped / sealed 69 m2 $27.00 $1,863 44.4 - 102mm vertical 18ga. galvanized steel sub-girt system @ 600mm o.c with thermal break 69 m2 Included Below 44.5 - 84mm mineral fibre insulation boards 69 m2 $13.50 $932 44.6 - 16mm horizontal 18ga. galvanized steel sub-girt system @ 400mm o.c with thermal break 69 m2 Included Below 44.7 - 9mm ventilation gap 69 m2 $0.00 $0 44.8 - prefinished corrugated metal cladding with concealed fasteners 69 m2 $165.00 $11,385 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A9 Page 134 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total 45 84mm cement-faced rigid insulation to foundation wall above grade 97 m2 $25.00 $2,425 46 Precast concrete window sill 109 m $75.00 $8,175 47 Structural wall bracing Assumed not required -A3.22 - Structural Walls Above Grade -A3.23 - Glazed Curtain Wall 48 Fibreglass framed curtain wall system, assumed double glazed, low e coating, and argon filled, type FGW101/FGW102/FGW103 123 m2 $850.00 $104,550 -TOTAL FOR EXT. ENCLOSURE - Walls Above Grade 0.70 1,373 m2 $390.67 $536,396 -A3.3 EXTERIOR ENCLOSURE - Windows & Entrances -A3.31 - Windows & Louvers 49 Fibreglass framed windows, assumed double glazed, low e coating, and argon filled, type FGW100 172 m2 $425.00 $73,100 -A3.32 - Entrance Glazed Screens 50 Aluminum framed glazed entrance screens Included above -A3.33 - Exterior Doors 51 Aluminum framed fully glazed doors including installation and finish 51.1 - single, 1067mm x 2134mm 1 NO $2,250.00 $2,250 51.2 - double, 2 - 1067mm x 2134mm 3 PR $4,500.00 $13,500 52 Insulated hollow metal door and frame including installation, vision panel and paint finish 52.1 - single, 1067mm x 2134mm 5 NO $1,000.00 $5,000 52.2 - double, 2 - 1067mm x 2134mm 1 PR $2,000.00 $2,000 53 Door hardware supply allowance Included in cash allowances 54 Barrier free operators Included in cash allowances 55 Extra over for fire rated doors 3 NO $150.00 $450 56 Aluminum framed industrial roll-up overhead doors including installation and finish 56.1 - single, 2756mm x 2134mm 1 NO $6,400.00 $6,400 57 Aluminum framed fully glazed sliding doors including installation and finish 57.1 - single, 3822mm x 2877mm 2 NO $25,000.00 $50,000 -TOTAL FOR EXT. ENCLOSURE - Windows & Entrances 0.12 232 m2 $658.68 $152,700 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A10 Page 135 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -A3.4 EXTERIOR ENCLOSURE - Roof Covering -A3.41 - Roofing 58 Seamed metal roofing membrane, type R1 including: 754 m2 $335.00 $252,590 58.1 - prefinished seamed metal roofing, Tradition 150 as by Vicwest 58.2 - 16mm metal hat channels and air space 58.3 - waterproofiing membrane 58.4 - 13mm exterior sheathing 58.5 - 51mm rigid insulation 58.6 - 71mm rigid insulation 58.7 - air/vapour membrane 58.8 - 13mm exterior sheathing 58.9 - nail laminated timber decking Included in A2.31 59 Flat roof membrane, type R2 including: 181 m2 $175.00 $31,675 59.1 - modified bitumen torch-applied cap sheet 59.2 - modified bitumen self-adhesive base sheet 59.3 - 4.8mm rigid cover board 59.4 - tapered rigid insulation 59.5 - air/vapor barrier 59.6 - 13mm exterior sheathing 59.7 - nail laminated timber decking Included in A2.31 60 Flat sheet aluminum roofing membrane, type R3 92 m2 $295.00 $27,140 60.1 - steel sheet aluminum roofing 60.2 - continuous ice and water shield 60.3 - tapered rigid insulation 60.4 - 76mm rigid insulation 60.5 - 13mm exterior sheathing 60.6 - 89mm structural steel hollow frame 60.7 - 89mm intermediate light steel framing 60.8 - 89mm batt insulation 60.9 - 16mm 18ga. galvanized steel sub-girt system @ 600mm o.c 60.10 - 19mm x 89mm cedar T&G soffit Included in A2.31 61 Flashing to vertical surfaces 134 m $45.00 $6,030 62 Flashing to openings 1 LS $2,500.00 $2,500 63 Concrete pads and curbs for mechanical equipment 1 LS $1,500.00 $1,500 64 Roof access pathways 68 m2 $500.00 $34,000 -A3.42 - Skylights & Roof Glazing 65 Aluminum framed skylight, assumed double glazed, low e coating, and argon filled 198 m2 $1,350.00 $267,300 -A3.43 - Roof Hatches & Doors 66 Roof access hatch 1 NO $2,500.00 $2,500 -TOTAL FOR EXT. ENCLOSURE - Roof Covering 0.53 1,027 m2 $608.80 $625,235 -A3.5 EXTERIOR ENCLOSURE - Projections -A3.51 - Projections 67 Exterior wall parapets including roofing membrane, cant strip, blocking, and prefinished cap flashing (exterior wall assembly included A3.2) 107 m $130.00 $13,910 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A11 Page 136 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total 68 Canopy at "Workshop" including: 75 m2 $640.13 $48,010 68.1 - structural steel beams 1.5 TN $3,000.00 $4,500 68.2 - moment connections 8 NO $300.00 $2,400 - 19mm dia tension rod and hardware 8 NO $400.00 $3,200 68.3 - steel sheet aluminum roofing 75 m2 $150.00 $11,250 68.4 - steel aluminum fascia 8 m2 $100.00 $800 68.5 - continuous ice and water shield 75 m2 $13.50 $1,013 68.6 - tapered rigid insulation 75 m2 $25.00 $1,875 68.7 - 76mm rigid insulation 75 m2 $31.50 $2,363 68.8 - 13mm exterior sheathing 75 m2 $22.40 $1,680 68.9 - 89mm structural steel hollow frame 75 m2 $38.50 $2,888 68.10 - 89mm intermediate light steel frame 75 m2 $29.90 $2,243 68.11 - 89mm batt insulation 75 m2 $9.00 $675 68.12 - 16mm 18ga. galvanized steel sub-girt system @ 600mm o.c 75 m2 $25.00 $1,875 68.13 - 19mm x 89mm cedar T&G soffit 75 m2 $150.00 $11,250 69 Canopy at "Market Hall" including: 86 m2 $638.99 $54,953 69.1 - structural steel beams 1.7 TN $3,000.00 $5,100 69.2 - moment connections 9 NO $300.00 $2,700 - 19mm dia tension rod and hardware 9 NO $400.00 $3,600 69.3 - steel sheet aluminum roofing 86 m2 $150.00 $12,900 69.4 - steel aluminum fascia 10 m2 $100.00 $1,000 69.5 - continuous ice and water shield 86 m2 $13.50 $1,161 69.6 - tapered rigid insulation 86 m2 $25.00 $2,150 69.7 - 76mm rigid insulation 86 m2 $31.50 $2,709 69.8 - 13mm exterior sheathing 86 m2 $22.40 $1,926 69.9 - 89mm structural steel hollow frame 86 m2 $38.50 $3,311 69.10 - 89mm intermediate light steel frame 86 m2 $29.90 $2,571 69.11 - 89mm batt insulation 86 m2 $9.00 $774 69.12 - 16mm 18ga. galvanized steel sub-girt system @ 600mm o.c 86 m2 $25.00 $2,150 69.13 - 19mm x 89mm cedar T&G soffit 86 m2 $150.00 $12,900 70 Exterior building signature signage Included in Cash Allowance 71 Perforated metal clad screen, type EX5 including: 37 m2 $822.43 $30,430 71.1 - base plates and anchor bolts, assumed galvanized 2 NO $250.00 $500 71.2 - structural steel columns, assumed galvanized 0.4 TN $3,450.00 $1,380 71.3 - structural steel beams, assumed galvanized 0.5 TN $3,450.00 $1,725 71.4 - 204mm vertical 18ga. galvanized steel sub-girt system @ 600mm o.c 37 m2 Included Below 71.5 - 102mm horizontal 18ga. galvanized steel sub-girt system @ 400mm o.c 37 m2 Included Below 71.6 - prefinished perforated metal cladding with concealed fasteners 37 m2 $725.00 $26,825 -TOTAL FOR EXT. ENCLOSURE - Projections 1.00 1,951 m2 $75.50 $147,303 -B. INTERIORS -B1.1 PARTITIONS & DOORS - Partitions -B1.11 - Fixed Partitions 72 184mm gypsum board partition, type P1 including: 254 m2 $128.00 $32,512 72.1 - 16mm high impact type X gypsum board 254 m2 $31.50 $8,001 72.2 - 152mm steel studs @ 600mm o.c 254 m2 $65.00 $16,510 72.3 - 16mm high impact type X gypsum board 254 m2 $31.50 $8,001 73 124mm gypsum board partition, type P2 including: 164 m2 $128.00 $20,992 73.1 - 16mm high impact type X gypsum board 164 m2 $31.50 $5,166 73.2 - 92mm steel studs @ 600mm o.c 164 m2 $65.00 $10,660 73.3 - 16mm high impact type X gypsum board 164 m2 $31.50 $5,166 74 108mm gypsum board partition, type P3 including: 105 m2 $96.50 $10,133 74.1 - 16mm high impact type X gypsum board 105 m2 $31.50 $3,308 74.2 - 92mm steel studs @ 600mm o.c 105 m2 $65.00 $6,825 75 190mm concrete block partitions, type P4 390 m2 $180.00 $70,200 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A12 Page 137 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total 76 Partition at GL B to stairs, assumed similar to type EX2 including: 123 m2 $303.50 $37,331 76.1 - 16mm high impact type X gypsum board 123 m2 $31.50 $3,875 76.2 - 152mm steel studs @ 610mm o.c 123 m2 $65.00 $7,995 76.3 - 152mm mineral fibre insulation batts R-17 123 m2 $13.50 $1,661 76.4 - polyethylene sheet vapour barrier 123 m2 $13.50 $1,661 76.5 - 190mm concrete block 123 m2 $180.00 $22,140 77 Hollow metal framed glazed partitions 48 m2 $300.00 $14,400 78 Rough carpentry 1,951 m2 $5.00 $9,755 79 Caulking, sealing, and firestopping 1,951 m2 $3.00 $5,853 -B1.13 - Structural Partitions & Shear Walls 80 Structural concrete wall on GL B including: 40 m2 $327.88 $13,115 80.1 - formwork 79 m2 $115.00 $9,085 80.2 - reinforcing steel 0.90 TN $2,200.00 $1,980 80.3 - concrete 10 m3 $205.00 $2,050 -TOTAL FOR INTERIOR PARTITIONS & DOORS - Partitions 0.58 1,124 m2 $190.65 $214,290 -B1.2 PARTITIONS & DOORS - Interior Doors -B1.21 - Interior Doors & Hardware 81 Aluminum framed fully glazed doors including installation and finish 81.1 - single, 1067mm x 2134mm 1 NO $2,250.00 $2,250 81.2 - double, 2 - 1067mm x 2134mm 1 PR $4,500.00 $4,500 82 Hollow metal door and frame including installation and paint finish 82.1 - single, 762mm x 2134mm 4 NO $600.00 $2,400 82.2 - single, 1067mm x 2134mm 12 NO $850.00 $10,200 82.3 - double, 2 - 1067mm x 2134mm 1 PR $1,700.00 $1,700 83 Wood veneer door and frame including installation and finish 83.1 - single, 762mm x 2134mm 7 NO $685.00 $4,795 83.2 - single, 1067mm x 2134mm 15 NO $1,050.00 $15,750 83.3 - double, 2 - 1067mm x 2134mm 1 PR $2,100.00 $2,100 84 Door hardware supply allowance Included in cash allowances 85 Barrier free operators Included in cash allowances 86 View panels including 86.1 - type A, assumed 850mm x 950mm and 850mm and 750mm 14 NO $500.00 $7,000 86.2 - type B, assumed 200mm x 850mm 12 NO $100.00 $1,200 -TOTAL FOR INTERIOR PARTITIONS & DOORS - Doors 0.06 118 m2 $441.38 $51,895 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A13 Page 138 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -B2.1 FINISHES - Floor Finishes -B2.11 - Floor Finishes 87 Concrete sealer 1,725 m2 $11.50 $19,838 88 Flooring bases including: 88.1 - stainless steel recessed base 862 m $30.00 $25,860 -TOTAL FOR FINISHES - Floor Finishes 0.88 1,725 m2 $26.49 $45,698 -B2.2 FINISHES - Ceiling Finishes -B2.21 - Ceiling Finishes 89 Water resistant suspended gypsum board with paint finish to washrooms 61 m2 $125.00 $7,625 90 Exposed wood deck structure with no finish 1,649 m2 $0.00 $0 91 No finish to floor opening 15 m2 $0.00 $0 92 Allowance for gypsum board bulkheads 1 LS $2,500.00 $2,500 -TOTAL FOR FINISHES - Ceiling Finishes 0.88 1,725 m2 $5.87 $10,125 -B2.3 FINISHES - Wall Finishes -B2.31 - Wall Finishes 93 Paint 2,987 m2 $8.50 $25,390 94 Ceramic tile 94 m2 $115.00 $10,810 95 Ceramic tile backsplash 8 m2 $125.00 $1,000 -TOTAL FOR FINISHES - Wall Finishes 1.58 3,089 m2 $12.04 $37,200 -B3.1 FITTINGS & EQUIPMENT - Fittings & Fixtures -B3.11 - Miscellaneous Metals $43,758 96 Miscellaneous metals including lintels, bracing, and so forth 1,951 m2 $8.00 $15,608 97 Wall mounted handrails, assumed painted metal 65 m $150.00 $9,750 98 Floor mounted handrails and balustrades, assumed painted metal 46 m $250.00 $11,500 99 Frameless glass guard rail 4 m $850.00 $3,400 100 Elevator pit ladder 1 NO $1,000.00 $1,000 101 Roof access ladder 1 NO $2,500.00 $2,500 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A14 Page 139 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -B3.12 - Millwork $51,350 102 Stainless steel counter with open space below 13 m $750.00 $9,750 103 Kitchen type quartz solid surface counter with double upper and lower cabinets 10 m $2,000.00 $20,000 104 Island type quartz counter with lower cabinets on one side 6 m $1,650.00 $9,900 105 Stainless steel kitchen type counter with double upper and lower cabinets 4 m $1,850.00 $7,400 106 Kitchen type upper cabinets 2 m $350.00 $700 107 Full height closets, 3066mm high 3 m $1,200.00 $3,600 -B3.13 - Specialties $44,050 108 Washroom accessories including: 108.1 - B-3094 ClassicSeries® Recessed Sanitary Napkin Disposal and Toilet Tissue Dispenser 11 NO $350.00 $3,300 108.2 - KB110-SSRE Horizontal, Recessed Mounted Baby Changing Station 3 NO $2,000.00 $4,500 108.3 - 818615 ConturaSeries® Heavy-Duty Surface-Mounted Soap Dispenser 14 NO $100.00 $1,050 108.4 - B-2860 Surface-Mounted Roll Paper Towel Dispenser 1 NO $400.00 $325 108.5 - B-7125 InstaDry™ Surface-Mounted Automatic Hand Dryer 11 NO $550.00 $4,950 108.6 - B-983 vandal-resistant clothes hook 11 NO $175.00 $1,650 108.7 - B-35016 Recessed Sharps Disposal 11 NO $320.00 $2,915 108.8 - grab bars 3 PR $425.00 $1,050 108.9 - mirrors, assumed required 11 NO $350.00 $1,650 109 Tactile warning indicators 2 m2 $350.00 $700 110 Roller Window Shades, chain operated 116 m2 $85.00 $9,860 111 Black out blinds to markethall, motorized 50 m2 $150.00 $7,500 112 Interior signage Included in Cash allowance 113 Vision strip to glazing 46 m $100.00 $4,600 -B3.14 - Furniture $0 114 NIL -TOTAL FOR FITTINGS & EQUIP. - Fittings & Fixtures 1.00 1,951 m2 $71.33 $139,158 -B3.2 FITTINGS & EQUIPMENT - Equipment -B3.21 - Equipment 115 Kitchen equipment Assumed by owner 116 Drying racks Assumed by owner 117 Commercial fume hood to café 1 NO $10,000.00 $10,000 -TOTAL FOR FITTINGS & EQUIP. - Equipment 1.00 1,951 m2 $5.13 $10,000 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A15 Page 140 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -B3.3 FITTINGS & EQUIPMENT - Conveying Systems -B3.31 - Elevators 118 Elevator serving "4" floors, conventional Hydraulic Freight Elevator by Delta Elevator 1 LS $150,000.00 $150,000 -B3.33 - Material Handling Systems 119 NIL -TOTAL FOR FITTINGS & EQUIP. - Conveying Systems 1.00 1,951 m2 $76.88 $150,000 -C1. SERVICES - MECHANICAL -C1.1 Plumbing & Drainage -C1.11 - Plumbing Fixtures $65,700 120 Water conserving, ultra low flow commercial quality plumbing fixtures and fittings : 120.1 - Water closets, barrier free type c/w with electronic no touch flush valves 3 NO $1,150.00 $3,450 120.2 - Lavatories, barrier free type c/w with electronic no touch faucets 3 NO $1,150.00 $3,450 120.3 - Water closets, wall hung c/w with electronic no touch flush valves 8 NO $1,100.00 $8,800 120.4 - Lavatories, wall hung c/w with electronic no touch faucets 8 NO $1,100.00 $8,800 120.5 - Lavatories, under counter c/w with electronic no touch faucets 1 NO $1,000.00 $1,000 120.6 - Janitor mop sinks 3 NO $2,000.00 $6,000 120.7 - Kitchen and pantry sinks double bowl c/w single manual faucet with gooseneck spout 1 NO $850.00 $850 120.8 - Wash up sinks tripe bowl c/w dual manual faucet with gooseneck spout 2 NO $1,200.00 $2,400 120.9 - Miscellaneous multi purpose sinks 3 NO $1,000.00 $3,000 120.10 - Emergency eye wash station (not shown on the plan) 1 NO $1,200.00 $1,200 120.11 - Dual level drinking fountains c/w bottle filling station - refrigerated 2 NO $3,000.00 $6,000 121 Rough-in for above fixtures 35 NO $450.00 $15,750 122 Provisional sum allowance plumbing rough-in's to cafe kitchen 1 NO $5,000.00 $5,000 -C1.12 - Domestic Water $88,350 123 Incoming water service c/w water meter and backflow preventer assembly - 100mm dia. 1 NO $6,000.00 $6,000 124 Packaged duplex booster pump set for domestic water services c/w header piping, valves, strainers, integrated controls including VFD, pressure vessel equal to Armstrong 1 NO $25,000.00 $25,000 125 Point of use domestic hot water heater electric type 125.1 - Small size 4 NO $500.00 $2,000 125.2 - Medium size 3 NO $1,000.00 $3,000 126 Hot/cold and recirculation water piping type "L" copper tubing with solder joints, fittings and supports 320 m $100.00 $32,000 127 Thermal insulation for the above piping 320 m $20.00 $6,400 128 Exterior non-freeze hose bibs 6 NO $450.00 $2,700 129 Interior hose bibs 2 NO $175.00 $350 130 Isolation, check, specialties such as interior hose bibs, shock absorbers, vents etc. 1 LS $2,500.00 $2,500 131 Trap primer assembly - mechanical type including piping 16 NO $150.00 $2,400 132 Make-up water assembly c/w reduced pressure back flow preventer serving HVAC systems 4 NO $1,500.00 $6,000 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A16 Page 141 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -C1.13 - Sanitary Waste & Vent $94,950 133 Connect to site sanitary services with main cleanout - Assume 6" dia. 1 NO $750.00 $750 134 Sanitary waste piping below ground PVC solvent welded piping c/w trenching, bedding and backfill 100 m $115.00 $11,500 135 Sanitary waste piping above ground, cast iron no hub piping c/w MJ fittings, hangers, and supports 200 m $150.00 $30,000 136 Condensate piping Hard Copper DWV from fan coil units and DOAS unit including traps 1 LS $5,000.00 $5,000 137 Thermal insulation for condensate piping 1 LS $2,000.00 $2,000 138 Vent piping DVW copper piping c/w fittings and hangers and vents thru roof 1 LS $15,000.00 $15,000 139 Cleanouts and line items 1 LS $2,000.00 $2,000 140 Drains such as floor, hub or funnel floor drain 16 NO $450.00 $7,200 141 Duplex sanitary grinder pump serving elevator pit and basement drainage 1 NO $15,000.00 $15,000 142 Grease interceptor to serve commercial kitchen waste 1 NO $5,000.00 $5,000 143 Force main piping 10 m $150.00 $1,500 -C1.14 - Storm $47,922 144 Allowance for rain/storm water drainage system c/w drains, lateral and leader piping, supports c/w main clean out - 150mm dia. 1,951 m2 $22.00 $42,922 145 Duplex submersible pump serving storm weeper sand settling pit 1 NO $5,000.00 $5,000 -C1.15 - Natural Gas $7,000 146 Incoming natural gas service and meter by local utility at no cost to project 147 Natural gas piping, Sch.40 black steel, extended to various building systems c/w fittings, supports and painting 50 m $125.00 $6,250 148 Hook-up connection assemblies: 148.1 - Generator Not required 148.2 - Boiler 1 NO $750.00 $750 148.3 - Commercial kitchen by induction ranges Info Only -C1.16 - Specialty Systems:$100,000 - C1.16.1 - Rain Water Harvesting $100,000 149 Provisional sum allowance for rain water harvesting system c/w submersible pump, day tanks, treatment/control booster skid, controls including start up and commissioning 1 LS $100,000.00 $100,000 150 Non-potable water piping type "L" copper tubing with solder joints, fittings and supports to water closets, urinal and irrigation Included 151 Thermal insulation for above piping Included 152 Line items such as isolation valves, shock absorbers, drain valves, air vents and the like Included -C1.17 - Miscellaneous Works and General Accounts $48,000 153 Supervision, job set up, clean up, small tool rentals, permits & inspections, overhead / profit, etc. 1 NO $48,000.00 $48,000 -TOTAL FOR MECHANICAL - Plumbing & Drainage 1.00 1,951 m2 $231.64 $451,922 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A17 Page 142 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -C1.2 Fire Protection -C1.21 - Standpipe $0 154 No work required -C1.22 - Sprinklers $65,383 155 A complete fire sprinkler protection with wet system to local codes and NFPA 13 c/w alarm check valve, zone control valve, inspector test and drain valve, distribution piping, gauges, accessories and sprinkler heads 1,951 m2 $33.00 $64,383 156 Allowance for window sprinklers 1 LS $1,000.00 $1,000 157 A packaged electric driven fire pump/jockey pump Not required -C1.23 - Specialty Systems $750 158 Allowance for kitchen hood fire suppression system - install only 1 LS $750.00 $750 159 Assume dry sprinkler system is not required -C1.24 - Fire Extinguisher $1,050 160 Dry chemical, ABC type fire extinguishers on wall bracket 7 NO $150.00 $1,050 -C1.25 - Miscellaneous Works and General Accounts $0 161 Included with above rates -TOTAL FOR MECHANICAL - Fire Protection 1.00 1,951 m2 $34.44 $67,183 -C1.3 Heating, Ventilation & Air Conditioning -C1.31 - Liquid Heat Transfer (Heating)$334,093 162 Auxiliary boiler - high efficiency natural gas fired boiler plant c/w modular manifold, chimney vent kit, acid neutralizer and drain, factory mounted disconnect and starters, BACnet control interface and accessories - 350 MBH peak capacity 1 NO $15,000.00 $15,000 163 Vent and combustion piping and accessories c/w supports 1 LS $2,000.00 $2,000 164 Boiler circulation pump 1 NO $3,500.00 $3,500 165 Heating water circulation pump, vertical inline type c/w suction diffuser and triple duty valve 2 NO $8,000.00 $16,000 166 Plant appurtenances: 166.1 - Air and expansion control 1 NO $3,500.00 $3,500 166.2 - Automatic chemical treatment 1 NO $4,000.00 $4,000 167 Forced flow heater/Unit heaters ( Assume required at vestibules, stairs and pent house mechanical room 6 NO $1,500.00 $9,000 168 Hydronic heating water distribution - Black carbon steel A-53 Sch.40 black steel with screwed joints, fittings, thermal insulation and supports 168.1 - Connect auxiliary heating water boiler circulation loop piping 20 m $190.00 $3,800 168.2 - Plant room piping including headers and main risers 75 m $275.00 $20,625 168.3 - Piping serving Fancoil units and radiant heating system 1,951 m2 $28.00 $54,628 169 Allowance for radiant heating system, Assume ground and second level - PEX piping, manifolds, mixing valves and miscellaneous hydronic components c/w system controls 1,434 m2 $60.00 $86,040 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A18 Page 143 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total 170 Miscellaneous piping components such as valves, strainers, air vents and the like 1 LS $5,000.00 $5,000 171 Hook-up connection assembly 171.1 - Auxiliary Boiler 1 NO $3,000.00 $3,000 171.2 - Boiler circulator pump 1 NO $3,000.00 $3,000 171.3 - Heat recovery chiller 1 NO $4,500.00 $4,500 171.4 - Heating water pump 2 NO $4,500.00 $9,000 171.5 - Plant appurtenances 2 NO $750.00 $1,500 171.6 - Fan coil units 18 NO $1,000.00 $18,000 171.7 - Radiant heating system 8 NO $1,500.00 $12,000 171.8 - Forced flow heater 6 NO $750.00 $4,500 172 Glycol loop 173 Plate to plate glycol heat exchanger 1 NO $5,000.00 $5,000 174 Glycol pumps c/w factory mounted VFD and triple duty valve 2 NO $4,000.00 $8,000 175 System ancillaries; 175.1 - Expansion and air control devices 1 NO $1,500.00 $1,500 175.2 - Chemical treatment system 1 NO $3,000.00 $3,000 175.3 - Automatic glycol fill station factory packaged c/w glycol feed piping, glycol fill tank, glycol solution, pump, triple duty valve, expansion tank and necessary safety and operating controls 1 NO $6,500.00 $6,500 176 Glycol heating water supply and return piping, black steel schedule 40, c/w welded joints, fittings, supports 75 m $190.00 $14,250 177 Miscellaneous piping components such as valves, strainers, air vents and the like 1 LS $1,000.00 $1,000 178 Hook-up connection assembly 178.1 - Heat exchangers 1 NO $3,000.00 $3,000 178.2 - Pumps 2 NO $3,000.00 $6,000 178.3 - Expansion and air control 1 NO $750.00 $750 178.4 - Chemical treatment system 1 NO $750.00 $750 178.5 - Glycol dosing stations 1 NO $750.00 $750 178.6 - DOAS Air handler 1 NO $3,000.00 $3,000 178.7 - Make-up air unit 1 NO $2,000.00 $2,000 -C1.32 - Liquid Heat Transfer (Cooling)$354,295 179 Heat recovery heat pumps 35 Tons nominal cooling tons and 425 MBH heating c/w SS heat exchangers, multiple refrigerant system, BACNET ready controls equal to Multistack VME II series - skid mounted 2 NO $80,000.00 $160,000 180 Chilled water pumps c/w suction diffuser and triple duty valve 2 NO $8,000.00 $16,000 181 Plant appurtenances: 181.1 - Air and expansion control 1 NO $3,500.00 $3,500 181.2 - Automatic chemical treatment 1 NO $4,000.00 $4,000 182 Hydronic chilled water distribution - Black carbon steel A-53 Sch.40 black steel with screwed joints, fittings, thermal insulation and supports 182.1 - Plant room piping including headers and main risers 125 m $300.00 $37,500 182.2 - Piping serving Fancoil units. 1,951 m2 $45.00 $87,795 183 Miscellaneous piping components such as valves, strainers, air vents and the like 1 LS $8,000.00 $8,000 184 Hook-up connection assembly 184.1 - Heat recovery chiller 1 NO $6,000.00 $6,000 184.2 - Chilled water pump water pump 2 NO $5,000.00 $10,000 184.3 - Plant appurtenances 2 NO $750.00 $1,500 184.4 - Fan coil units 20 NO $750.00 $15,000 184.5 - DOAS Air handler 1 NO $3,000.00 $3,000 184.6 - Kitchen make-up air unit 1 NO $2,000.00 $2,000 -C1.33 - Geothermal / Condenser Water System $526,000 185 Condenser Water Side 186 Plate and frame heat exchanger 1 NO $12,000.00 $12,000 187 Circulation pumps 2 NO $8,000.00 $16,000 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A19 Page 144 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total 188 Plant appurtenances: 188.1 - Air and expansion control 1 NO $2,500.00 $2,500 188.2 - Automatic chemical treatment 1 NO $2,000.00 $2,000 189 Auxiliary dry cooler c/w operating controls, and other safeties including - capacity 15 Tons equal to Ref Plus 1 NO $30,000.00 $30,000 190 Condenser water circulating piping - Black carbon steel A-53 Sch.40 black steel with screwed joints, fittings, thermal insulation and supports 190.1 - Plant room piping - Between heat exchanger and heat recovery chiller 50 m $355.00 $17,750 191 Miscellaneous piping components such as valves, strainers, air vents and the like 1 LS $2,000.00 $2,000 192 Hook-up connection assemblies: 192.1 - Heat exchanger (Condenser side)1 NO $5,000.00 $5,000 192.2 - Pumps 2 NO $5,000.00 $10,000 192.3 - Plant appurtenances 2 NO $1,000.00 $2,000 192.4 - Heat recovery chiller 1 NO $6,000.00 $6,000 192.5 - Dry cooler c/w circulating pumps, lateral piping and valving 1 NO $10,000.00 $10,000 193 Geothermal side 194 Provisional sum allowance for geothermal main loop and sub loop including tie- in into the building c/w geothermal wells with casing, low permeability grout, polyethylene piping - 500' deep 29 NO $10,000.00 $290,000 Civil works by G.C. elsewhere in this estimate 195 Supply/return manifold c/w Isolation, balancing, flush valves and fittings and the like 1 NO $15,000.00 $15,000 196 System flushing and filling 1 NO $2,500.00 $2,500 197 Initial system charge for 25% Susterra 1,3 Propanediol glycol 1 NO $15,000.00 $15,000 198 Test hole c/w thermal conductivity test 1 NO $18,000.00 $18,000 199 Geothermal system circulation duplex pumps - VFD operated including the triple duty valves, controls, flexible connections and the like 2 NO $10,000.00 $20,000 200 Plant appurtenances such as; 200.1 - Automatic glycol fill units for glycol/water make-up for the system c/w mixing tank, controls and make-up pump 1 NO $5,000.00 $5,000 200.2 - Air and expansion control 1 NO $3,500.00 $3,500 200.3 - Automatic chemical treatment 1 NO $2,000.00 $2,000 201 Condenser water circulating piping - Black carbon steel A-53 Sch.40 black steel with screwed joints, fittings, thermal insulation and supports 201.1 - Plant room piping - Geothermal manifolds to plant room heat exchangers 50 m $355.00 $17,750 202 Miscellaneous piping components such as valves, strainers, air vents and the like 1 LS $2,000.00 $2,000 203 Hook-up connection assemblies: 203.1 - Pumps 2 NO $6,000.00 $12,000 203.2 - Plant accessories 3 NO $1,000.00 $3,000 203.3 - Heat exchanger (Geothermal side)1 NO $5,000.00 $5,000 -C1.34 - Air Distribution $366,400 204 DOAS Air handling unit c/w supplemental cooling coil, heating coil, enthalpy wheel, pre and bag filters, supply/exhaust air fans and necessary safety and operating controls - 5,550 cfm 1 NO $90,000.00 $90,000 205 Make-up air unit to commercial kitchen c/w glycol heating and cooling coil - 2,250 cfm 1 NO $11,000.00 $11,000 206 4-pipe Fancoil units 18 NO $2,500.00 $45,000 207 2-pipe fan coil units serving emergency rooms 2 NO $2,200.00 $4,400 208 Allowance for fresh air fans in mechanical room 2 NO $2,000.00 $4,000 209 VAV boxes to serve fresh air to various zones (Assume 7 zones)7 NO $1,000.00 $7,000 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A20 Page 145 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total 210 Galvanized steel rectangular sheet metal supply and return air ductwork as per SMACNA standards of construction and gauges 6,000 KG $20.00 $120,000 211 Thermal insulation for the above ductwork 1,100 m2 $40.00 $44,000 212 Air diffusion devices 1 LS $30,000.00 $30,000 213 Airflow monitoring stations to DOAS units Included in the cost of equipment 214 Allowance for fire/smoke damper 1 LS $5,000.00 $5,000 215 Miscellaneous sheet metal items such as access doors, dampers, transfer ducts, dampers, turning vanes and the like 1 NO $6,000.00 $6,000 -C1.35 - Exhaust Systems $100,000 216 Exhaust ductwork via heat recovery system c/w galvanized ductwork as per SMACNA standards of construction and gauges. 500 KG $20.00 $10,000 217 Exhaust grilles 1,500 cfm $1.00 $1,500 218 Provisional sum allowance for NFPA rated main kitchen exhaust including Ecology (MARVL) system - 2500 cfm 1 NO $50,000.00 $50,000 219 Allowance for exhaust fans in mechanical rooms 2 NO $2,000.00 $4,000 220 Allowance for fire/smoke damper 1 LS $2,500.00 $2,500 221 Fume room exhaust 1 LS $15,000.00 $15,000 222 Allowance for dust collector system 1 LS $15,000.00 $15,000 223 Miscellaneous ductwork components such as dampers, turning vanes, flexible duct connector and the like 1 LS $2,000.00 $2,000 -C1.37 - Support Systems and Works $43,885 - C1.37.1 - Noise and Vibration Isolation $3,885 224 Sound attenuators to DOAS unit 11,100 cfm $0.35 $3,885 225 Noise and vibration is generally included in equipment and/or hook up costs - C1.37.2 - Mechanical Wiring and Starters $0 226 Motor control centers, interlock and line and load side wiring by Div.16 - C1.37.3 - Balancing and Commissioning $40,000 227 Balancing 228 Balance air and fluid flow rates to design conditions and submit report. 1 NO $20,000.00 $20,000 Commissioning 229 Commissioning support to third party commissioning agent 1 NO $20,000.00 $20,000 - C1.37.6 - Generator Support $0 230 Assume generator is self contained c/w acoustic enclosure Generator is not required 231 Generator fuel oil system with 400 gallon main tank, 24hr day tank, pumping system, piping, valving, controls, etc. for a fully functioning system See Separate cost A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A21 Page 146 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -C1.38 - Miscellaneous Works and General Accounts $207,000 232 Supervision, job set up, clean up, small tool rentals, permits & inspections, overhead / profit, etc. 1 LS $207,000.00 $207,000 -TOTAL FOR MECHANICAL - HVAC 1.00 1,951 m2 $990.09 $1,931,673 -C1.4 MECHANICAL - Controls -C1.41 - Controls and Automation $278,600 233 A central building management and control system will be provided to control, report and alarm mechanical systems. The system will be connected through DDC technology non-proprietary peer-to-peer network and will have central head end computer work station communicated through BACnet/IP protocol 233.1 - Auxiliary boiler plant interface 1 NO $5,000.00 $5,000 233.2 - Heating water hydronic pumps 2 NO $5,000.00 $10,000 233.3 - Heating water plant appurtenances 2 NO $1,200.00 $2,400 233.4 - Forced flow heater 6 NO $1,800.00 $10,800 233.5 - Radiant ceiling zones 8 NO $1,800.00 $14,400 233.6 - Glycol heat exchangers 1 NO $4,000.00 $4,000 233.7 - Glycol pumps 2 NO $5,000.00 $10,000 233.8 - Glycol plant appurtenances 2 NO $1,200.00 $2,400 233.9 - Glycol dosing station 1 NO $1,800.00 $1,800 233.10 - Heat recovery chiller plant interface 1 NO $8,000.00 $8,000 233.11 - Chiller water circulation pump 2 NO $5,000.00 $10,000 233.12 - Chilled water plant appurtenances 2 NO $1,200.00 $2,400 233.13 - Geothermal circulation pumps 2 NO $5,000.00 $10,000 233.14 - Geothermal plant 3 NO $1,200.00 $3,600 233.15 - Geothermal miscellaneous controls 1 LS $4,000.00 $4,000 233.16 - Dry cooler c/w plant 1 NO $8,000.00 $8,000 233.17 - Condenser side Heat exchanger 1 NO $5,000.00 $5,000 233.18 - Circulation pump 2 NO $5,000.00 $10,000 233.19 - Condenser plant 2 NO $1,200.00 $2,400 233.20 - DOAS unit 1 NO $20,000.00 $20,000 233.21 - Make-up air unit 1 NO $5,000.00 $5,000 233.22 - 4- pipe fan coil units 18 NO $2,200.00 $39,600 233.23 - 2- pipe fan coil units 2 NO $1,800.00 $3,600 233.24 - VAV terminals c/w CO detectors 7 NO $2,800.00 $19,600 233.25 - Kitchen exhaust system including ecology unit 1 NO $8,500.00 $8,500 233.26 - Ventilation fans c/w space temperature sensors 4 NO $1,800.00 $7,200 233.27 - Motorized dampers and airflow measuring stations 1 LS $10,000.00 $10,000 233.28 - Domestic water booster pump 1 NO $1,800.00 $1,800 233.29 - Submersible pump 2 NO $1,800.00 $3,600 233.30 - Rain water harvesting system 1 NO $2,500.00 $2,500 233.31 - Energy meters 2 NO $4,000.00 $8,000 233.32 - Miscellaneous works such as DDCs, main and virtual workstations, transformers, control wiring, application software, internet connection, integration controller including spares, training and commissioning 1 LS $25,000.00 $25,000 -C1.42 - Miscellaneous Works and General Accounts $0 234 Included in the above cost -TOTAL FOR MECHANICAL - Controls 1.00 1,951 m2 $142.80 $278,600 Total Mech Unit Rate $1,398.96 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A22 Page 147 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -C2. SERVICES - ELECTRICAL -C2.1 ELECTRICAL - Service & Distribution -C2.11 - Main Service $26,200 235 600A 347/600V main switchboard with main LSIG breaker and molded case distribution breakers, DMS, Hydro compartment… 1 NO $25,000.00 $25,000 236 Meter cabinet 1 NO $1,200.00 $1,200 -C2.12 - Emergency Power $0 237 Not in the scope of work. Life safety lighting provided through self contained battery units NA -C2.13 - Distribution $41,751 238 Distribution equipment with 600V distribution panel feeding mechanical equipment, 120/208V panels feeding lighting and power outlets with associated transformers 1,951 m2 $21.40 $41,751 -C2.14 - Feeders $32,777 239 Distribution equipment feeders using Cu RW90 conductors in EMT conduit 1,951 m2 $16.80 $32,777 -C2.15 - Motor Controls & Wiring $16,388 240 Power connections to mechanical equipment with associated line and load side wiring 1,951 m2 $8.40 $16,388 -C2.16 - Miscellaneous $175,500 241 Building grounding system 1 LS $12,500.00 $12,500 242 Rough-in for roof mounted 60KW photovoltaic system c/w splitter, disconnect switches and associated cabling 1 LS $37,000.00 $37,000 243 Supply and install of roof mounted 60KW photovoltaic system 1 LS $126,000.00 $126,000 -C2.17 - Electrical Contractors Overhead $32,573 244 Supervision 1 LS $6,458.00 $6,458 245 Premium time, etc.NA 246 Job set-up, etc.1 LS $15,362.00 $15,362 247 Rentals, small tools, etc.1 LS $6,145.00 $6,145 248 Permits & inspections 1 LS $3,994.00 $3,994 249 Insurance 1 LS $614.00 $614 -TOTAL FOR ELECTRICAL - Service & Distribution 1.00 1,951 m2 $166.68 $325,190 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A23 Page 148 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -C2.2 ELECTRICAL - Lighting, Devices & Heating -C2.21 - Lighting $185,345 Lighting costs include the supply and installation of fixtures with associated wiring and supports 250 LED lighting provided throughout and based on the following: 1,951 m2 $95.00 $185,345 250.1 - Culture/Market Hall lighting using High Bay LED fixtures 250.2 - Café/Lounge lighting using Low Bay LED fixtures 250.3 - Workshop/Artist Studio lighting using suspended LED fixtures 250.4 - Stairs/Support space lighting using surface mounted LED fixtures 251 Life safety lighting provided by battery units, remote heads and "green running man" exit signs Included in above rate -C2.22 - Branch Devices & Wiring $52,677 Branch device costs include the supply and installation of devices with associated wiring and supports 252 Convenience receptacles with line voltage occupancy sensors, photocells, and local switching… 1,951 m2 $27.00 $52,677 252.1 - Culture/Market Hall lighting control using local dimming and daylight sensors 252.2 - Café/Lounge lighting control using local switching and daylight sensors 252.3 - Workshop/Artist Studio lighting control using local switching and daylight sensors 252.4 - Stairs/Support space lighting control using local switching, occupancy sensors and daylight sensors -C2.23 - Heating $0 253 Included in C2.15 above Info Only -C2.24 - Electrical Contractors Overhead $37,151 254 Supervision 1 LS $15,908.00 $15,908 255 Premium time, etc.NA 256 Job set-up, etc.1 LS $12,496.00 $12,496 257 Rentals, small tools, etc.1 LS $4,998.00 $4,998 258 Permits & inspections 1 LS $3,249.00 $3,249 259 Insurance 1 LS $500.00 $500 -TOTAL FOR ELECTRICAL - Lighting, Devices & Heating 1.00 1,951 m2 $141.04 $275,173 -C2.3 ELECTRICAL - Systems & Ancillaries -C2.31 - Fire Alarm System $38,142 260 Single stage addressable fire alarm system control panel/annunciator at main entrance, smoke/heat detectors, pull stations at exits, audible and visual signaling and connection to the sprinkler system 1,951 m2 $19.55 $38,142 -C2.32 - Security System $24,388 261 Security empty infrastructure system consisting of rough-ins for card reader access at egress doors, door monitoring at select locations, and CCTV cameras 1,951 m2 $12.50 $24,388 262 Cash allowance for supply, installation, and programming of security equipment and associated head end See Cash Allowances A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A24 Page 149 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -C2.33 - Communications $29,462 263 Communications empty infrastructure system consisting of wall, floor, and ceiling mounted outlets 1,951 m2 $4.80 $9,365 264 CAT 6 horizontal cabling system run back to main communications room 1,951 m2 $7.20 $14,047 265 Backbone cabling and data racks for a communication room on the lower level 1 LS $5,900.00 $5,900 266 Plywood backboard 1 NO $150.00 $150 -C2.34 - P.A. System $27,704 267 PA empty raceway infrastructure 1,951 m2 $2.50 $4,878 268 Supply and installation of Public Address equipment 1,951 m2 $11.70 $22,827 -C2.35 - Miscellaneous $9,755 269 Miscellaneous systems (Entrance bell, clocks, washroom call assistance…) 1,951 m2 $5.00 $9,755 -C2.36 - Electrical Contractors Overhead $18,719 270 Supervision 1 LS $7,166.00 $7,166 271 Premium time, etc.NA 272 Job set-up, etc.1 LS $6,796.00 $6,796 273 Rentals, small tools, etc.1 LS $2,718.00 $2,718 274 Permits & inspections 1 LS $1,767.00 $1,767 275 Insurance 1 LS $272.00 $272 -TOTAL FOR ELECTRICAL - Systems & Ancillaries 1.00 1,951 m2 $75.95 $148,170 Total Elec Unit Rate $383.67 -D. SITE & ANCILLARY WORK -D1.1 SITEWORK - Site Development -D1.11 - Preparation $109,678 276 Clear and grub site, assumed minimal 6,029 m2 $1.25 $7,536 277 Strip topsoil and stockpile on site 6,029 m2 $1.00 $6,029 278 Rough grading including cut and fill 6,029 m2 $2.00 $12,058 279 Site protection and erosion control 344 m $65.00 $22,360 280 Siltation control for existing catch basin 16 NO $200.00 $3,200 281 Mud mat including 281.1 - filter fabric 90 m2 $10.00 $900 281.2 - rip-rap, 150-200mm dia. 27 m3 $45.00 $1,215 282 Demolition of existing site elements including: 282.1 - hard surfaces 5,410 m2 $5.00 $27,050 282.2 - soft surfaces 990 m2 $2.50 $2,475 282.3 - concrete curb 252 m $15.00 $3,780 282.4 - trees 26 NO $500.00 $13,000 282.5 - signage 6 NO $50.00 $300 282.6 - bus shelter By City 282.7 - board fence 7 m $25.00 $175 282.8 - bollards 14 NO $150.00 $2,100 282.9 - allowance for miscellaneous site demolition 1 LS $7,500.00 $7,500 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A25 Page 150 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -D1.12 - Hard Surfaces $433,645 283 Asphalt paving to parking and laneways, assumed medium duty 3,299 m2 $45.00 $148,455 284 Concrete curbs and gutter 572 m $65.00 $37,180 285 Concrete paving to walkways 690 m2 $100.00 $69,000 286 Extra over for concrete stairs 186 m $150.00 $27,900 287 Stamped concrete paving 738 m2 $125.00 $92,250 288 Extra over for stamped concrete ramps 31 m2 $100.00 $3,100 289 Unit pavers 464 m2 $115.00 $53,360 290 Line painting to parking lot 290.1 - standard 76 NO $25.00 $1,900 290.2 - barrier free 5 NO $100.00 $500 -D1.13 - Improvements $106,525 291 Trench drain grate 1 LS $1,000.00 $1,000 292 Tree grates 6 NO $550.00 $3,300 293 Planter walls, 200mm high 279 m $150.00 $41,850 294 Square concrete planters, 840mm x 840mm 6 NO $1,200.00 $7,200 295 Wooden bench 35 m $450.00 $15,750 296 Allowance for parking signage 1 LS $2,500.00 $2,500 297 Allowance for bicycle racks, garbage cans, etc. 1 LS $7,500.00 $7,500 298 Lighting grid including 298.1 - metal poles, 6m 14 NO $1,500.00 $21,000 298.2 - stainless steel support cables 257 m $25.00 $6,425 -D1.14 - Landscaping $39,198 299 Sod and topsoil 507 m2 $7.50 $3,803 300 Planting beds including topsoil and planting material 331 m2 $45.00 $14,895 301 Large trees 20 NO $750.00 $15,000 302 Allowance for shrubs and other plantings 1 LS $5,500.00 $5,500 -TOTAL FOR SITE WORK - Site Development 3.09 6,029 m2 $114.29 $689,046 -D1.2 SITEWORK - Mechanical Site Services -D1.21 - Water $31,475 303 Connect 200mm dia. Water utility service line lateral to building from existing water main c/w tapping sleeve and fittings 1 NO $10,000.00 $10,000 304 Curb stop valve and box assembly - 200mm dia. 1 NO $2,500.00 $2,500 305 Potable water service line lateral to the building 200 mm dia. PVC SDR18 c/w excavation, backfill and bedding 55 m $200.00 $11,000 306 Thrust block assembly 4 NO $350.00 $1,400 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A26 Page 151 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total 307 Camera inspection and bacteria testing / chlorination 55 m $15.00 $825 308 Cap and plug existing potable water service - 150mm 1 NO $500.00 $500 309 Demolition of existing 100mm site water main 70 m $75.00 $5,250 -D1.22 - Sanitary $14,400 310 Break into existing manhole on site c/w boot fittings. Rebench and restore the surface to original condition 1 NO $2,500.00 $2,500 311 Sanitary sewer piping (PVC DR 28) - 200mm dia. 40 m $170.00 $6,800 312 Manholes - 1200mm dia. c/w frost straps 1 NO $4,000.00 $4,000 313 Cap and plug upstream end with bulkhead for building connection - 200 mm dia. 1 NO $500.00 $500 314 Cleaning / flushing and camera inspection to above storm sanitary system 40 m $15.00 $600 -D1.23 - Storm $113,850 315 Break into existing manhole on site c/w boot fittings. Rebench and restore the surface to original condition 2 NO $7,500.00 $15,000 316 Storm water piping - ( PVC DR 35 ) 316.1 - 200mm dia 35 m $170.00 $5,950 316.2 - 300mm dia 175 m $210.00 $36,750 317 Single inlet catch basins 4 NO $2,500.00 $10,000 318 Relocate existing catch basin to suit new curb including modification of existing piping, rebench and restoration 1 NO $1,500.00 $1,500 319 Catch basin manholes - 1200mm dia, less than 2m depth 4 NO $4,000.00 $16,000 320 Manholes - 1200mm dia. 320.1 - 3m depth 1 NO $5,000.00 $5,000 320.2 - 2m depth 1 NO $4,000.00 $4,000 321 Cleaning / flushing and camera inspection to above storm sewer system 210 m $15.00 $3,150 322 Demolition of existing storm structures 6 NO $750.00 $4,500 323 Demolition of existing below grade piping 160 m $75.00 $12,000 -D1.24 - Natural Gas $15,500 324 Rework and modify the existing below grade natural gas service c/w necessary piping and valving 1 NO $2,000.00 $2,000 325 Natural gas line lateral to building c/w isolation valve - Assume 50mm 60 m $225.00 $13,500 Natural gas meter by local utility at no capital cost to project Info Only -D1.25 - Specialty Systems $30,000 326 Allowance for irrigation systems connected to grey water system 1 LS $30,000.00 $30,000 -D1.26 - Miscellaneous Works and General Accounts $0 327 Included in the above cost -TOTAL FOR SITE WORK - Mechanical Site Services 3.09 6,029 m2 $34.04 $205,225 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A27 Page 152 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -D1.3 SITEWORK - Electrical Site Services -D1.31 - Site - Power $125,918 328 Cash allowance for Hydro transformer and connection charge See Cash Allowances 329 4 - 103mm concrete encased PVC primary ductbank for Hydro cabling 70 m $258.95 $18,127 330 Transformer pad and grounding 1 LS $8,500.00 $8,500 331 2 - 103mm concrete encased PVC secondary ductbank 10 m $161.90 $1,619 332 500 rwu90 secondary conductor 80 m $35.95 $2,876 333 3/0 rwu90 secondary ground 20 m $14.80 $296 334 Allowance for relocation of overhead Hydro line 1 LS $94,500.00 $94,500 -D1.32 - Site - Communications $20,716 335 4 - 103mm concrete encased duct bank 80 m $258.95 $20,716 336 Exterior wall mounted CCTV camera outlets included above cost See C2.32 - Security -D1.33 - Site - Lighting $26,750 337 Omnidirectional cable suspended dimmable LED fixture. Suspension cabling system and pole provided by others 6 NO $1,900.00 $11,400 338 Pole mounted single head LED fixture 2 NO $4,600.00 $9,200 339 LED wall pack 8 NO $600.00 $4,800 340 Exterior lighting controller with time clock and photo cell control 1 LS $1,350.00 $1,350 -D1.34 - Site - Electrical Contractors Overhead $18,783 341 Supervision 1 LS $3,308.00 $3,308 342 Premium time, etc.NA 343 Job set-up, etc.1 LS $9,103.00 $9,103 344 Rentals, small tools, etc.1 LS $3,641.00 $3,641 345 Permits & inspections 1 LS $2,367.00 $2,367 346 Insurance 1 LS $364.00 $364 -TOTAL FOR SITE WORK - Electrical Site Services 3.09 6,029 m2 $31.87 $192,167 -D2.1 ANCILLARY WORK - Demolition -D2.11 - Demolition 347 Demolish existing building on site and dispose 1 LS $25,000.00 $25,000 -D2.12 - Hazardous Materials 348 This estimate excludes allowances for asbestos abatement and the handling of hazardous materials Excluded -TOTAL FOR ANCILLARY WORK - Demolition 1.00 1,951 m2 $12.81 $25,000 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A28 Page 153 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -D2.2 ANCILLARY WORK - Alterations -D2.21 - Alterations 349 NIL -TOTAL FOR ANCILLARY WORK - Alterations 0.00 0 m2 $0.00 $0 -Z. GENERAL REQUIREMENTS & CONTINGENCIES -Z1.1 GENERAL REQUIREMENTS & FEES - General Requirements -Z1.11 - Supervision & Labour Expenses 350 Allowance for the General Contractor's supervision & labour expenses as follows: 1 LS $648,942 $648,900 8.0% 350.1 - supervision and coordination of subcontractors 350.2 - site superintendent and vehicle 350.3 - general labour expenses -Z1.12 - Temporary Conditions 351 Allowance for the temporary conditions provided by the General Contractor including: Included in Z1.11 352 Access to site 352.1 - traffic control 352.2 - pedestrian safety 352.3 - removal of exterior cladding for access 352.4 - temporary closure panels 353 Site accommodations: 353.1 - temporary site office 353.2 - temporary signage 353.3 - telephone and fax 353.4 - stationary supplies and office equipment 354 Site protection: 354.1 - hoarding and gates 354.2 - safety guard rails 354.3 - fire extinguishers 354.4 - first aid kits 354.5 - temporary shoring 354.6 - temporary stairs and ladders 354.7 - protection for site elevators and flooring 355 Temporary utilities: 355.1 - temporary construction power panels 355.2 - temporary water source 356 Site clean up: 356.1 - daily clean up in addition to the trades 356.2 - final cleaning 356.3 - dump bins 356.4 - dumping charges A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A29 Page 154 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total 357 Equipment: 357.1 - material hoisting equipment 357.2 - cranes and operators 357.3 - small tool rental 357.4 - pumps and pumping equipment 358 Miscellaneous 358.1 - CPM scheduling 358.2 - land surveying 358.3 - testing and inspections 358.4 - photography -Cash Allowances $248,000 359 Independent inspection and testing 1 LS $18,000 $18,000 360 Door hardware supply 1 LS $20,000.00 $20,000 361 Signage 1 LS $15,000.00 $15,000 362 Sanitary Connection 1 LS $50,000.00 $50,000 363 Water Connection 1 LS $25,000.00 $25,000 364 Hydro Connection / Transformer 1 LS $80,000.00 $80,000 365 Security Devices 1 LS $20,000.00 $20,000 366 Commissioning 1 LS $20,000.00 $20,000 -Z1.13 - Permits, Insurance & Bonds $138,000 367 Building permit Excluded 368 General Liability and Builder's Risk insurance 1 LS $57,000 $57,000 369 Labour & Material and Performance bonding 1 LS $81,000 $81,000 -TOTAL FOR GEN. REQ'MENTS & FEES - Gen. Req'ments 1.00 1,951 m2 $530.45 $1,034,900 -Z1.2 GENERAL REQUIREMENTS & FEES - Fees -Z1.21 - General Contractor's Fees 370 Allowance for the General Contractor's Fees (Head Office Overhead, Profit and Risk). 1 LS $365,867 $366,000 4.0% -(applied to measured works plus general requirements) -TOTAL FOR GEN. REQ'MENTS & FEES - Fees 1.00 1,951 m2 $187.60 $366,000 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A30 Page 155 of 737 NIAGARA FALLS EXCHANGE CLASS B ESTIMATE FEBRUARY 11, 2019 No. Description Quant. Unit Rate Sub Total Total -Z2.1 ALLOWANCES - Design Contingency 371 Design Contingency as a percentage of the above to cover increases in the overall scope of the design during the remaining stages of the design phase -(applied to measured works plus general requirements and fees) 371.1 - Architectural 1 LS $188,700 $188,700 7.5% 371.2 - Structural 1 LS $123,300 $123,300 7.5% 371.3 - Siteworks 1 LS $95,600 $95,600 7.5% 371.4 - Mechanical Services 1 LS $240,100 $240,100 7.5% 371.5 - Electrical Services 1 LS $65,800 $65,800 7.5% -TOTAL FOR ALLOWANCES - Design Contingency 1.00 1,951 m2 $365.71 $713,500 -Z2.2 ALLOWANCES - Escalation Contingency 372 Contingency for escalation that might occur between the date of the estimate and the anticipated tender date 1 LS $306,800 $306,800 3.0% -(applied to measured works plus general requirements, fees and Design Contingency) -TOTAL FOR ALLOWANCES - Escalation Contingency 1.00 1,951 m2 $157.25 $306,800 -Z2.3 ALLOWANCES - Construction Contingency 373 Construction Contingency for post contract changes 1LS $0 Excluded 0.0% -(applied to measured works plus general requirements, fees, Design Contingency and Escalation Contingency) -TOTAL FOR ALLOWANCES - Construction Contingency 0.00 0 m2 $0.00 $0 A.W. HOOKER ASSOCIATES LTD. PROJECT NO:117788 PAGE A31 Page 156 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 1 Niagara Falls Cultural Hub + Farmers’ Market Detailed Design Presentation to City Council Page 157 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 2 SITE AREA Page 158 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 3 ORIGINAL VISION Page 159 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 4 INDOOR BUILDING PROGRAM TOTAL INDOOR AREA = 1,951 m2 / 21,000 SF • MARKET HALL + CATERING/STORAGE = 389 m2 / 4,190 SF • CAFE / LOUNGE = 190 m2 / 2,045 SF • WORKSHOP = 115 m2 / 1,235 SF • ARTIST STUDIOS = 370 m2 / 3,980 SF • BASEMENT STORAGE = 280 m2 / 3,015 • PUBLIC WASHROOMS, ADMINISTRATIVE OFFICE SPACE, UTILITY SPACES Page 160 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 5 BUILDING MATERIALITY Sealed Concrete Floors Painted Steel Structure Nail Laminated Timber DeckMetal Cladding Page 161 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 6 MAIN STREET AERIAL Page 162 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 7 SYLVIA PLACE AERIAL Page 163 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 8 MAIN STREET PLAZA Page 164 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 9 STUDIO LOBBY Page 165 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 10 UPPER STUDIO Page 166 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 11 PLAZA @ MARKET + STUDIO ENTRY Page 167 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 12 MARKET HALL Page 168 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 13 OPPORTUNITIES FOR PERMANENT PUBLIC ART Precedent: public art sculpture in plaza Precedent: public art telling history Precedent: public art telling history Precedent: whimsical public art Precedent: public art as wayfinding support Page 169 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 14 OPPORTUNITIES FOR TEMPORARY PUBLIC ART Precedent: Outdoor video projection, MoMA Mural walls integrated into building facade design Precedent: Catenary-mounted installation Precedent: Houston Bowery Mural Wall, NYC Page 170 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 15 OUTDOOR SPACE PROGRAM • CIVIC PLAZA: OUTDOOR FESTIVALS • ART ALLEY: CONNECTIVE TISSUE THROUGH THE SITE • PARKING COURT: FLEXIBLE OPEN SPACE ACCOMMODATING PARKING • SIGNAGE AND WAYFINDING • PUBLIC ART • ADEQUATE POWER, A/V AND LIGHTING TO SUPPORT OUTDOOR EVENTS Page 171 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 16 OVERALL PROJECT BUDGET Construction Budget $ 10,533,000 Permits and Approvals $ 40,269 Base Contract Consultant Fees $ 399,415 Other Consultants $ 73,000 Signage + Wayfinding $ 60,000 FFE $ 434,000 Construction Contingency (6%) $ 631,980 Subtotal Project Costs $ 12,171,664 HST (1.76%) $ 214,221 Total cost $ 12,385,885 Page 172 of 737 NIAGARA FALLS CuLtuRAL HuB / FARMERS’ MARKEt pRESENtAtIoN to CIty CouNCIL February 2019 17 Niagara Falls Cultural Hub + Farmers’ Market Detailed Design Presentation to City Council Page 173 of 737 Niagara Falls Cultural Hub & Market Business & Operating Plan Highlights Page 174 of 737 A GREAT CITY…FOR GENERATIONS TO COME The Process Work conducted by Three Sixty Collective Compiled socio-economic profile analysis of the local market Reviewed vision, mission and guiding principles Conducted targeted research on the various components proposed to be included in the development Interviewed stakeholders potentially associated with the development including artists, culture producers, craftspersons, event organizers, space programmers, etc. Developed a 5 Year Financial Model Developed a preliminary Communications and Marketing Plan Reviewed the economic impact in qualitative terms associated with the facility based on its construction and ongoing operation. Developed and refined the Operating and Business Plan Page 175 of 737 A GREAT CITY…FOR GENERATIONS TO COME Recommendation Highlights •Café -issue a Request for Expression of Interest for a lease agreement with a private or non-profit sector operator. •Market -provide indoor and outdoor space for a year-round market in order to retain and attract farmers and vendors. •Farmers Market vision: vendors grow, produce, make their own products and/or source the products within a 100-mile radius.Page 176 of 737 A GREAT CITY…FOR GENERATIONS TO COME Recommendation Highlights •Artist’s Studio –City to manage the Studio Space, transition to a local Niagara Falls based Artist Cooperative in the future. •Woodworking Studio -create space with a selection of tools that are costly to rent, but practical for the creation of art, and arts and craft materials. •Programmed Events -events will be constantly renewed, ensuring the programming is fresh and relevant, mix of City, members and community activities.Page 177 of 737 A GREAT CITY…FOR GENERATIONS TO COME Anticipated Budget Operating Plan Forecasted Budget •Total Estimated Revenues:$131,000 (facility rentals, café, workshop) •Total Estimated Expenses:$545,000 (personnel, utilities, maintenance, programming, security) •Total Net Operating Cost:-$414,000 Page 178 of 737 PBD-2019-16 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-16 AM-2018-009, Zoning By-law Amendment Application 8100 McLeod Road Applicant: Lally Homes Ltd. (John Lally) Proposal: 6 Storey, 55 Unit Apartment Building RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Apartment 5B Density (R5B) zone, in part, and the Environmental Protection Area (EPA) zone, in part, to permit a 6 storey, 55 unit apartment building on a portion of the lands and protect the Provincially Significant Wetlands (PSW) located on the balance of the lands. EXECUTIVE SUMMARY John Lally has requested a zoning by-law amendment for the lands known as 8100 McLeod Road. The lands are requested to be rezoned from Light Industrial (LI) to a site specific Residential Apartment 5B Density (R5B) zone, in part, and an Environmental Protection Area (EPA) zone, in part, to allow development of a 6 storey, 55 unit apartment building on a portion of the lands and protect the Provincially Significant Wetlands (PSW) and its associated 13 metre buffer located on the balance of the lands. The site specific regulations requested for the R5B zone include increasing the maximum building height and reducing the minimum lot area for each dwelling unit, minimum front yard depth and minimum landscaped open space regulations Planning staff recommends the application for the following reasons:  The development complies with Provincial policies with respect to achieving intensification within the Built-Up Area;  The development complies with the Regional Official Plan (ROP), with respect to promoting higher density development in Urban Areas and supporting growth that contributes to the overall goal of providing a sufficient supply of housing that is suited to the needs of a variety of households and income groups in Niagara;  The proposal will contribute to the City’s annual residential intensification target of 40% as outlined in the ROP;  The application has been satisfactorily reviewed by the Niagara Peninsula Conservation Authority to ensure that the proposed apartment will be located outside the Provincially Significant Wetlands and the required buffer area and would have no negative impact on the existing natural heritage features on the lands ; Page 179 of 737 2 PBD-2019-16 April 9, 2019  The lands are designated Residential High Density in the Garner South Secondary Plan. The Plan encourages a minimum net density of 75 units per hectare. The proposal provides a density of 79.7 units per hectare;  The requested zoning by-law amendment is in conformity with the Official Plan;  The requested zoning will provide appropriate regulations for the development and will ensure protection of the Provincially Significant Wetlands on the subject lands; and  The existing infrastructure can support the proposed development. BACKGROUND Proposal John Lally has requested a Zoning By-law amendment for the subject lands known as 8196 McLeod Road, located on the south side of McLeod Road between Pin Oak Drive and Kalar Road (Schedule 1). The lands are currently zoned Light Industrial (LI), in accordance with the Zoning By-law No. 79-200. Residential Apartment 5B Density (R5B) zone, in part, and an Environmental Protection Area (EPA), in part, to allow development of a 6 storey, 55 unit apartment building dwelling on a portion of the lands and protect the Provincially Significant Wetlands (PSW) and its associated buffer located on the balance of the lands. The site specific regulations requested for the R5B zone include increasing the maximum building height and reducing the minimum lot area per dwelling unit, minimum front yard depth and minimum landscaped open space. Schedule 2 shows the details of the proposed development. Site Conditions and Surrounding Land Uses The subject lands are generally flat and are currently vacant. Provincially Significant Wetlands exist along the rear portion of the property. A townhouse complex (Brookside Village) is located to the north of the property. Lands to the west contain a detached dwelling. A 10 storey 96 unit apartment building is proposed to be constructed on the vacant parcel to the east and Niagara Peninsula Energy is located to the south of the property. Circulation Comments Information regarding the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date:  Regional Municipality of Niagara  The land is located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Delineated Built-Up Area under 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The proposed development will also aid the City in meeting the 40% intensification target for the Built-up Area. Page 180 of 737 3 PBD-2019-16 April 9, 2019  The subject land is designated Urban Area in the Regional Official Plan (ROP). A full range of residential, commercial and industrial uses are generally permitted within the Urban Area designation. The ROP promotes higher density in Urban Areas and supports growth that contributes to the overall goal of providing a sufficient supply of housing that is affordable, accessible and suited to the needs of a variety of households and income groups in Niagara. The proposal aligns with the Regional policies.  Regional Core Natural Heritage mapping identifies an Environmental Protection Area associated with a Provincially Significant Wetland (PSW), and an Environmental Conservation Area associated with a Significant Woodland on the majority of the subject lands. Regional staff are satisfied with the Environmental Impact Study (EIS), Arborist Report, Tree Preservation Plan and Buffer Planting Plan submitted. The future site plan/condominium application needs to address requirements regarding an updated Tree Preservation Plan, Landscape Plan and Stormwater Management Report.  Regional staff has no concerns with the applications from an archaeological perspective, however, staff will recommend inclusion of a standard archaeological warning clause in any future site plan/condominium agreement. - Servicing and stormwater management issues will be addressed at the site plan approval stage.  Niagara Peninsula Conservation Authority.  No objections to the Zoning By-law amendment. A detailed stormwater management plan, tree preservation plan and landscape plan will be required at the site plan stage.  Transportation Services, Building Services and Fire Services  No objections. Neighbourhood Open House A neighbourhood open house was held on February 28, 2018. No area property owners or residents attended the meeting. ANALYSIS/RATIONALE 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. These policies direct municipalities to facilitate residential intensification by directing 40% of all residential development to Built-up Areas. The proposed development will assist in meeting these targets and is a form of residential intensification promoted by the Province. Page 181 of 737 4 PBD-2019-16 April 9, 2019 2. Official Plan The subject lands are designated Residential High Density, in part, Environmental Protection Area, in part, and Environmental Conservation Area, in part, in the Garner South Secondary Plan. The Plan requires a minimum net density of 75 units per hectare (30 units per acre) for the lands located east of Kalar Road. The proposal provides a density of 79.7 units per hectare (32.3 units/acre). The portion of the lands that are designated Environmental Protection Area (EPA) contain Provincially Significant Wetlands (PSW). The Official Plan does not permit any development or site alteration on lands designated EPA. The applicant is not proposing any development within the area designated EPA. The proposed development conforms to the Official Plan as follows:  The proposal complies with the minimum density requirement of the Official Plan.  The proposal satisfies design guidelines in the Official Plan require the buildings to be designed facing the street and the parking areas to be located in the interior side yard.  The lands designated Environmental Protection Area (EPA) will be protected as the applicant is not proposing any buildings within the EPA. 3. Zoning By-law The subject lands are currently zoned Light Industrial (LI), in accordance with the Zoning By-law No. 79-200. The applicant is requesting the lands to be rezoned to a site specific Residential Apartment 5B Density (R5B) zone, in part, to allow the 6 storey 55 unit apartment building and several one storey garages, and Environmental Protection Area (EPA), in part, to reflect the Provincially Significant Wetlands (PSW). The R5B and EPA zones conform with the Official Plan land use designations. The changes to the standard R5B regulations are summarized in the following table: ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS Minimum lot area for each dwelling unit 133 square metres for each dwelling unit 125 square metres for each dwelling unit Minimum front yard depth 7.5 metres 7 metres Maximum height of the building 10 metres 23 metres Minimum landscaped open space 35% 28% The requested regulations can be supported for the following reasons: Page 182 of 737 5 PBD-2019-16 April 9, 2019 - The standard lot area regulations of the R5B zone would permit 51.8 units on the property; the lot area reduction will allow a density consistent with the Official Plan and allow 55 units. - As majority of the property is covered with wetlands, the developable portion of the property is reduced. The reduction to the front yard depth creates a more urban form with a landscaped front yard, as contemplated by the Official Plan. - A 23 metre (6 storeys) height of the building conforms with the design guidelines outlined in the Garner South Secondary Plan. - A reduction of 6% in landscaping is not significant as more than 70% of the site is covered by wetlands and the required 13 metre buffer. The applicant has also requested the Provincially Significant Wetlands (PSW) and associated buffers to the south of the proposed apartment to be placed under an EPA zone. The EPA zone will ensure no development or site alteration occurs in the lands and will also aid in protection and preservation of the natural features associated with the PSW. 4. Site Plan Control The proposed development will be subject to site plan control. At the site plan stage detailed servicing and grading plans, landscape plans and lighting plans will be reviewed and approved. CITY’S STRATEGIC INITIATIVE The application does not affect any of the City’s strategic commitments. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2019\PBD-2019-16, AM-2018-009, Zoning By-law Amendment, 8100 McLeod Rd.docx SCHEDULE 1 Page 183 of 737 6 PBD-2019-16 April 9, 2019 Page 184 of 737 7 PBD-2019-16 April 9, 2019 SCHEDULE 2 Page 185 of 737 PBD-2019-17 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-17 AM-2018-027, Zoning By-law Amendment Application 8488 and 8550 Oakwood Drive Proposal: Proposed Site Specific Prestige Industrial Zone Applicant: Robert Montgomery and T.T. & H Montgomery Construction (Niagara) Limited Agent: Chris Cristelli RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the majority of the lands to a site specific Prestige Industrial (PI) zone and a portion of the lands containing Warren Creek and the associated buffer (top of stream bank setback) Environmental Protection Area (EPA), subject to adding an office and a production and data processing establishment to the list of permitted uses, and subject to the other regulations outlined in this report. EXECUTIVE SUMMARY Robert Montgomery and T.T. & H Montgomery Construction (Niagara) Limited have requested a Zoning By-law amendment for two parcels of land known as 8488 and 8550 Oakwood Drive. The applicants request the majority of the lands be rezoned to a site specific Prestige Industrial (PI) zone and a watercourse and associated buffer on the lands be rezoned to Environmental Protection Area (EPA). The amendment is recommended for the following reasons:  The requested zoning conforms with Provincial and Regional policies as it provides for employment uses that benefit from a location along a major transportation corridor, and protects fish habitat;  The amendment will bring the zoning of the lands into conformity with the lands’ Industrial, Environmental Conservation Area and Environmental Protection Area designations in the City’s Official Plan;  The requested PI zone permits a range of uses that will benefit from and complement the site’s exposure to the QEW; and  The requested EPA zone will protect the portion of Warren’s Creek crossing the properties as well as the necessary buffer. Restoration of the buffer to a natural state will be sought through the site plan approval process. BACKGROUND Proposal Robert Montgomery and T.T. & H Montgomery Construction (Niagara) Limited have requested a Zoning By-law amendment for two parcels of land known as 8488 and 8550 Oakwood Drive, totalling 2.28 hectares (5.6 acres). Refer to Schedule 1 to locate the lands. The zoning amendment is requested to permit the majority of the lands to be used for a variety of industrial uses and to recognize the existing landscape supply establishment and garden centre. The amendment is also requested to protect natural features on the lands. Schedule 2 shows Page 186 of 737 2 PBD-2019-17 April 9, 2019 details of the lands. The majority of the lands are zoned Open Space (OS), in accordance with Zoning By-law No. 79-200, which does not conform with the lands’ Industrial designation in the Official Plan. The applicant is requesting the majority of the lands to be rezoned Prestige Industrial (PI). The following uses are requested to be site specifically added to the PI zoning of the property: - carpenter shop and supply yard; - plumbing and heating shop; - machine shop; - establishment for building material sales; - shop for the repair and servicing of goods, machinery, and equipment; and - landscape supply establishment and garden centre. In addition, the applicant is requesting site specific lot frontage, front yard depth, side yard width, lot coverage, landscaped open space, building height and open storage regulations to be included in the PI zone. A watercourse and gully at the rear of the lands is zoned Hazard Land (HL). The watercourse, gully and associated top of bank setback are requested to be placed under an Environmental Protection Area (EPA) zone to protect these natural features. Site Conditions and Surrounding Land Uses The majority of the subject lands are occupied by a contracting and landscaping business. A dwelling also exists on the northerly parcel. Warren Creek crosses the rear of the lands and flows into the hydro canal. The QEW is located to the west of the lands, while the hydro canal is located to the east. A mix of detached dwellings and industrial uses are located to the north, while an industrial use is located to the south. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date:  Regional Municipality of Niagara  The lands are designated as Niagara Economic Gateway Employment Lands in the Regional Official Plan and are intended to provide long term opportunities for businesses requiring close proximity to a major highway. The proposal is consistent with Provincial and Regional policies.  Provided the watercourse and a 15 metre buffer from the top of stream bank are zoned Environmental Protection Area there are no objections to the rezoning.  The removal of fill from the stream buffer and its restoration with vegetation should be required as part of any future site plan approval.  Municipal Works Page 187 of 737 3 PBD-2019-17 April 9, 2019  No objections to the rezoning. Future development will require an engineering review as part of a site plan application.  Fire Services, Building Services  No objections to the rezoning. Fire safety matters in accordance with the Ontario Building Code will need to be demonstrated at the site plan approval and Building Permit stages.  Legal Services, Transportation Services, Parks Design  No objections. Neighbourhood Open House A neighbourhood open house was held on January 24, 2019. No neighbours attended to hear about the proposal or to provide comments. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. The Provincial Policy Statement (PPS) require municipalities to protect employment areas in proximity to major goods movement corridors, such as the QEW, for employment uses that require these locations. The current OS zoning does not comply with the PPS. The proposed PI zoning will permit a range of uses that will benefit from the exposure and access to the QEW , and will be consistent with the PPS’s goal of promoting economic development. In addition, the PPS prohibits development and site alteration in fish habitat. Warren Creek, which crosses the properties, has been identified as providing fish habitat. Placing the Creek and associated buffer under an EPA zone will prohibit further disturbance to the fish habitat and assist in preserving this natural feature. 2. Official Plan Most of the subject lands are designated Industrial and are within the QEW Employment Corridor in the City’s Official Plan. These lands are intended to be developed with employment uses that benefit from access and frontage to the QEW, and includes manufacturing, warehousing, wholesaling, logistics and office uses. Warren Creek and the associated buffer are designated Environmental Protection Area and Environmental Conservation Area. Natural features and associated buffers are intended to be preserved in a natural state. The proposal conforms to the Official Plan as follows:  The requested PI zone permits a number of uses, including manufacturing, warehousing, consulting offices and laboratories, which benefit from exposure and access to the QEW , and therefore conforms to the intent of the Official Plan;  The standards in the PI zone contain a number of regulations, including the requirement of landscaping and restricting most uses to within an enclosed building. These ensure attractive development that fosters a good impression of the community; and Page 188 of 737 4 PBD-2019-17 April 9, 2019  The proposed EPA zone will prohibit further disturbance of the watercourse and associated buffer. Through a future site plan application removal of topsoil piles and construction materials from the buffer area and its restoration with vegetation will be sought. 3. Zoning By-law The applicant has requested a Prestige Industrial (PI) Zone be applied to most of the lands. The PI zone is appropriate for lands fronting onto the QEW because it permits a range of prestige type uses and contains standards that promote a prestige type development. The following uses are requested to be site specifically added to the list of permitted uses: - carpenter shop and supply yard; - plumbing and heating shop; - machine shop; - establishment for building material sales; - shop for the repair and servicing of goods, machinery, and equipment; and - landscape supply establishment and garden centre. In addition, the departures requested from the standard PI regulations are summarized in the following table: PI ZONE STANDARD REGULATION PROPOSED REGULATION Minimum lot frontage 30 m 28.9 m Minimum front yard depth 10 m plus 11.5 m from the centreline of Oakwood Dr 8.9 m plus 11.5 m from the centreline of Oakwood Dr Minimum interior side yard width 3.5 m 1.3 m (8488 Oakwood Dr) 0.8 m (8550 Oakwood Dr) Maximum Lot Coverage 60% 70% Minimum landscaped open space coverage 67% of required front yard 35% of required front yard Maximum building height 12 m subject to Section 4.7 14 m subject to Section 4.7 Outside storage Not permitted in front yard Permitted in front yard for a garden centre The requested uses and departures from the standard regulations can be supported for the following reasons:  A laboratory is already a permitted use under the PI zone and does not need to be site specifically added. Planning staff recommend that offices and production and data processing establishments, also permitted in the Montrose Business Park, be site specifically added to the property to broaden the range of prestige type development permitted on the lands;  Industrial and service industrial type uses, such as a machine shop, plumbing shop and a shop for the repair and servicing of goods, machinery, and equipment, are acceptable for the property as they will be contained in a building;  The applicant has requested the existing landscaping contracting business be recognized, and similar uses, such as a garden centre, establishment for Page 189 of 737 5 PBD-2019-17 April 9, 2019 building material sales and carpenter shop, be site specifically added. Although the long term objective for the property is prestige industrial type uses, these uses are acceptable as they are similar to the use which has been established on the property for a long time;  The adjustments to the lot frontage, front yard depth and side yard width reflect existing conditions for the northerly lot, and for buildings on both lots. The reduction in the lot frontage and front yard depth are minor departures from current PI standards and can be accepted. The requested side yard reduction, however, is a significant departure which affects a garage attached to the dwelling and an accessory building. Planning staff recommend this reduction only apply to the existing landscape supply establishment and garden centre;  An increase in lot coverage has been requested to compensate for the loss of developable area; this increase is acceptable as other development standards will control the size of the buildings and structures;  The reduction in front yard landscaping would result in a landscape strip of approximately 3 metres in width along the front lot line. This is an improvement over existing conditions and will assist in providing an attractive streetscape;  The requested building height increase from 12 metres to 14 metres is minor; and  Open storage in the front yard is requested for the existing garden centre use. It is typical for a garden centre to have displays in the front yard and as such, it is acceptable. 4. Site Plan The development will be subject to site plan control. At the site plan stage detailed servicing and grading plans, landscape plans and lighting plans will be reviewed and approved. Historically areas near Warren Creek have been disturbed by activities on the property, including the storage of topsoil and construction materials. The Region notes that Warren Creek is a fish habitat and when new development is proposed buffers areas to this creek should be restored by removing the topsoil and other material and planting native vegetation. This restoration will be pursued through any future site plan approval. FINANCIAL IMPLICATIONS The proposed development will provide Development Charges and new tax assessment to the City. Page 190 of 737 6 PBD-2019-17 April 9, 2019 CITY’S STRATEGIC COMMITMENT This proposal does not impact any of the City’s strategic commitments. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Survey Sketch Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2019\PBD-2019-17, AM-2018-027, 8488 and 8550 Oakwood Drive, Zoning By-law Amendment.docx Page 191 of 737 7 PBD-2019-17 April 9, 2019 SCHEDULE 1 Page 192 of 737 8 PBD-2019-17 April 9, 2019 SCHEDULE 2 Page 193 of 737 PBD-2019-18 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-18 AM-2019-001, Zoning By-law Amendment Application 2800 Thorold Townline Road and 3081 Taylor Road Proposal: Renewable Natural Gas Facility Applicant: Walker Environmental Group Inc. RECOMMENDATION That Council approve the Zoning By-law amendment application to place 3 additional parcels under a site specific Extractive Industrial (EI) zone that applies to the majority of the property and permits a waste disposal site and associated renewable natural gas facility, and to place a portion of the watercourse and valley that crosses the land under an Environmental Protection Area (EPA) zone, subject to the regulations outlined in this report. EXECUTIVE SUMMARY Walker Environmental Group Inc. has requested a Zoning By-law amendment for land known as 2800 Thorold Townline Road and 3081 Taylor Road. Most of the property is zoned site specific Extractive Industrial (EI-72) which permits the existing waste disposal site and accessory uses, including a renewable natural gas facility. The applicant requests three additional small parcels be placed under the EI-72 zone to permit them to be used in conjunction with the waste disposal facilities and for an expansion to the existing renewable natural gas facility, and that a portion of one of the parcels be rezoned Environmental Protection Area (EPA) to protect the watercourse and valley that crosses the parcel. The amendment is recommended for the following reasons:  The proposed development conforms to Provincial and Regional policies as it facilitates a renewable energy source and assists in the rehabilitation of a former aggregate quarry;  The proposed development conforms with the City’s Official Plan with respect to permitting a landfill and renewable natural gas facility on the land while protecting a watercourse and valley; and  The renewable natural gas facility will divert greenhouse gas emissions to produce a renewable energy source. BACKGROUND Proposal Walker Environmental Group Inc. has requested a Zoning By-law amendment for part of the land known as 2800 Thorold Townline Road and 3081 Taylor Road, totalling 202 hectares (500 acres). Refer to Schedule 1 to locate the land and the three parcels subject to the rezoning. Most of the land is zoned to permit the existing waste disposal site, accessory waste management facilities and renewable natural gas facility. The zoning by- law amendment is requested to permit the three parcels to also be used for a waste disposal site and for an expansion of the renewable natural gas facility. Schedule 2 shows Page 194 of 737 2 PBD-2019-18 April 9, 2019 detail of the proposed renewable natural gas facility expansion. The zoning amendment is also requested to protect a watercourse and floodplain on a portion of one of the parcels. The majority of the applicant’s land is zoned Extractive Industrial (EI-72) with site specific regulations permitting a waste disposal site, in accordance with Zoning By-Law No.79- 200. A renewable natural gas facility is permitted under the EI-72 zone as an accessory use. The three parcels noted above are zoned Agricultural (A), in part, and Extractive Industrial (EI) which do not permit a waste disposal site or a renewable natural gas facility. An additional part of the property, zoned Hazard Land (HL) and containing a watercourse, is not part of this application. The applicant is requesting the subject land to be placed under the EI-72 zone, in part, to permit them to be used as a waste disposal site and a renewable natural gas facility and Environmental Protection Area (EPA) zone, in part, to protect an existing watercourse an d flood plain. Site Conditions and Surrounding Land Uses Most of the land is occupied by a waste disposal site and associated buildings, structures and facilities. A renewable natural gas facility, which recovers gas emitted from landfill waste, exists on a small portion of the land. A watercourse crosses the southerly part of the land. The land is surrounded by agricultural uses and a quarry to the east and south, residential dwellings, the Regional W orks Yard and a cemetery to the west (within the Town of Thorold), and a CN rail line to the north. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date:  Regional Municipality of Niagara  No objections from a Provincial or Regional perspective. The land is designated Agricultural in the Regional Official Plan; extraction of resources as an interim use in agricultural areas is permitted by Provincial Policies and the landfill is part of the rehabilitation phase. In addition the Regional Official Plan permits the renewable energy facility as a public utility.  The watercourse crossing the property is a fish habitat. Rezoning the watercourse and associated valley EPA will protect these natural features.  Niagara Peninsula Conservation Authority (NPCA)  No objections. Regulated features are adequately protected within the proposed EPA zone. Site alteration within 15 metres of the valley will require a NPCA Work Permit  Fire Services, Transportation Services, Legal Services  No objections.  Parks Design Page 195 of 737 3 PBD-2019-18 April 9, 2019  No objections to the rezoning. The owner is encouraged to continue to improve on the landscape with naturalization and native tree planting. Neighbourhood Open House A neighbourhood open house was held on February 20, 2019. One neighbour to the west attended and sought clarification on the location of the natural gas facility. The neighbour noted that this facility was located a significant distance from her property and offered no objections. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. The Provincial Policy Statement seeks to maximize opportunities for the use of renewable energy systems. The proposed expansion to the renewable natural gas facility will divert methane gas from being emitted into the atmosphere and convert it into useable energy. Not only does this take advantage of a renewable energy source, it should reduce the amount of greenhouse gases being emitted. In addition, a fish habitat will be protected by placing the watercourse and valley under an EPA zone. The proposed changes comply with Provincial policies. 2. Official Plan The subject land is designated Extractive Industrial, in part, Niagara Escarpment Plan Area, in part, and Environmental Protection Area, in part; and subject to Special Policy Area No. 50. Despite the designations this Special Policy Area allows the land to be used for the landfill and waste management, including landfill gas collection and distribution. The Environmental Protection Area designation protects the watercourse and associated valley which crosses the site. The proposal conforms to the Official Plan as follows:  The designation permits the landfill and waste management facility; the renewable natural gas facility is permitted under the landfill gas collection;  The conversion of natural gas to a useable energy source instead of letting it be emitted into the atmosphere is a type of greenhouse gas emission reduction that is supported by the Official Plan; and  Most of the watercourse and valley are already zoned to protect this natural feature. Placing the remnant of the watercourse/valley under EPA zoning will ensure this entire feature is protected. 3. Zoning By-law The majority of the land is zoned EI-72, which permits the waste disposal site and accessory uses, including the natural gas recovery facility. Schedule 1 identifies 3 small parcels that are either zoned EI or A, which do not permit waste disposal facility. Placing these parcels which do not have the watercourse on them under the EI-72 zone will recognize the use as part of the waste disposal facility and permit the expansion of the renewable natural gas facility. Page 196 of 737 4 PBD-2019-18 April 9, 2019 Most of the watercourse and associated valley are zoned HL. A small par t crosses the southernmost parcel shown on Schedule 1. This parcel is zoned A, which would permit uses that could disturb the watercourse and valley. Rezoning these features from A to EPA will prevent disturbing natural features. The applicant has also requested the front yard (Thorold Townline Road) depth be reduced from 30 metres to 4.8 metres to accommodate an injection station as part of the natural gas recovery facility. The setback protected from the Thorold Townline Road is not affected by this reduction. The placement of the station in this location is necessary as the watercourse and valley limit the location of the station. There are no land uses in the immediate area that would be affected by this reduction and Staff have no objections, provided the reduction applies only to structures related to the renewable natural gas facility. FINANCIAL IMPLICATIONS There are no financial impacts on the City. CITY’S STRATEGIC COMMITMENT This proposal does not impact any of the City’s strategic commitments. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Site Plan – Renewable Natural Gas Facility Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2019\PBD-2019-18, AM-2019-001, 2800 Thorold Townline Road, Zoning By-law Amendment.docx Page 197 of 737 5 PBD-2019-18 April 9, 2019 SCHEDULE 1 Page 198 of 737 6 PBD-2019-18 April 9, 2019 SCHEDULE 2 Page 199 of 737 PBD-2019-19 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-19 AM-2017-020 & 26T-11-2017-004 Beaver Valley Corridor Draft Plan of Subdivision and Zoning By-law Amendment Application Former Highway 420 Extension Corridor and 5140 Kalar Road Applicant: Centennial Developments (Niagara) and Centennial Construction and Contracting (Niagara) Inc. (Domenic Dilalla) Agent: Upper Canada Consulting (William Heikoop) RECOMMENDATION 1. That the Beaver Valley Corridor Plan of Subdivision 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. 4. That the application to amend the Zoning By-law be approved as detailed in this report. 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY Domenic Dilalla has applied to subdivide 6.1 hectares of land located on the east side of Kalar Road between Citation Road, Ascot Circle, and Brookside Drive into 86 lots for detached dwellings, and blocks for road widening, reserves and stormwater management. The applicant has also submitted an application to amend Zoning By-law No. 79-200 to establish appropriate land use regulations for the development of the land to be subdivided. Planning staff recommends the applications for the following reasons:  The proposal complies with Provincial and Regional policies as the proposal represents an efficient use of urban serviced land and existing infrastructure and will also aid the City in meeting its 40% intensification targets for the Built-Up Area; Page 200 of 737 2 PBD-2019-19 April 9, 2019  The lands are designated Residential in the City’s Official Plan. The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households;  The Official Plan encourages the development of vacant la nd and under-utilized parcels;  The requested zoning will provide appropriate regulations for the development and will ensure its compatibility with the established neighbourhood;  The existing and planned infrastructure can support the proposed developmen t;  The proposed development will assist in providing housing choices and will contribute to the City’s required short-term housing supply. The conditions of draft plan approval, which address servicing, parkland dedication, fencing, utility installation, and all other matters related to the development of the subdivision, are listed in Appendix A. BACKGROUND Proposal Domenic Dilalla has applied to subdivide 6.1 hectares of land located on the east side of Kalar Road between Citation Road, Ascot Circle, and Brookside Drive (Schedule 1) into 86 lots for detached dwellings, and blocks for road widening, reserves and stormwater management. Refer to Schedule 2 for details. The applicant has also submitted an application to amend Zoning By-law No. 79-200 to establish appropriate land use regulations for the development of the land to be subdivided. The land is currently zoned Development Holding (DH), in part, and Institutional (I), in part, in accordance with Zoning By-law No. 79-200. The applicant is requesting a site specific Residential IE Density (R1E) zone for the lots and an Environmental Protection Area (EPA) for the block to be used for stormwater management. Site Conditions Surrounding Land Uses The majority of land proposed to be subdivided was previously owned by Ministry of Transportation (MTO) for an extension of the 420 Highway. The balance of land was formerly the site of The Dwelling Place church. The lands are currently vacant. A railway corridor abuts the lands to the east. Lands to the north and south contain detached dwellings. Lands to the west are primarily used for agricultural purposes. An auto recycling yard and a nursery are also located west of subject land. Circulation Comments Page 201 of 737 3 PBD-2019-19 April 9, 2019  Regional Municipality of Niagara - The land is located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The PPS directs growth to settlement areas and encourages an efficient use of land, resources, infrastructure, and public service facilities that are planned or available. The proposal meets the intent of the Provincial policy through the introduction of additional dwellings in the neighbourhood. The proposed development will also aid the City in meeting the 40% intensification target for the Built-up Area. - The Provincial Policy Statement (PPS) and the Regional Official Plan (ROP) requires protection of significant cultural heritage and archaeological resources. An Archaeological Assessment (Stage 1-2), prepared by Detritus Consulting Ltd. (dated October 23, 2017) was submitted with the applications. The report indicates the Stage 2 assessment did not identify any archaeological resources. A condition for an archaeological warning clause is included in Appendix A. - A Phase One Environmental Site Assessment and Phase Two Environmental Site Assessment (ESA), both prepared by Landtek Limited Consulting Engineers (dated August 14, 2017 and August 24, 2017, respectively), were submitted with the applications. The Assessment states that there is no evidence of significant environmental concern or residual impact on the site. In accordance with O. Reg. 153/04 and 511/09, a Record of Site Condition (RSC) must be filed on the Ministry of Environment and Climate Change’s (MOECC) Brownfields Environmental Site Registry prior to any change in land use to a more sensitive use (i.e. community to residential). As of the date of this letter, no RSC had been filed on the Registry. Therefore, a condition is included in the Appendix A to require that the RSC be filed and acknowledged by the MOECC. - An Environmental Noise Assessment, prepared by Valcoustics Canada Ltd. (dated September 15, 2017), was submitted with the applications. The study found that future sound levels will exceed MOECC guideline limits for certain lots within the proposed development. The sound barrier requirements should be verified once the grading plan is available. Further, a qualified acoustical consultant will be required to certify that the required noise control measures have been incorporated into the Building Permit plans, prior to issuance of a Building Permit. Prior to issuance of an Occupancy Permit or the equivalent, it is recommended that a qualified acoustical consultant also certify that the approved noise control measures have been properly installed. Conditions to require implementation of the aforementioned requirements are included in Appendix A.  CN Railway Page 202 of 737 4 PBD-2019-19 April 9, 2019 - No objections, subject to the conditions included in Appendix A.  Municipal Works, Transportation Services, Parks Design, Fire Services, Enbridge Gas, Bell Canada, and Canada Post - No objections, subject to the conditions included in Appendix A. Neighbourhood Open House Neighbourhood open houses were held on January 10, 2018 and March 8, 2018 and were attended by 23 and 13 residents, respectively, the developer, a representative of the developer and City staff. Open House, January 10, 2018 The residents voiced concerns regarding the design of the proposed subdivision. The plan shared with the residents eliminated the cul-de-sac at the end of Brookside Drive. - The residents felt the proposed development was not compatible with the existing homes and would result in additional traffic on Brookside Drive. - Residents opposed the elimination of the cul-de-sac. They mentioned that they had paid a premium price to buy homes on the cul-de-sac and they felt elimination of the cul-de-sac would lower the value of their homes and would also make the street unsafe for their children. - Some residents were concerned with the loss of green space they had enjoyed for so many years. - Residents were concerned regarding the additional traffic that would be generated by the proposed development. They mentioned the existing railway crossing and the “All Way Stop” sign at the intersection of Kalar Road and Beaverdams Road causes delays in the morning and evening peak hours and with the additional traffic, they specified that the condition would worsen. - The residents also raised existing drainage problems and recurring basement flooding in the area. - Some residents felt that the additional homes would create more pressure on the two municipal parks in the area. In their opinion the new development should have a new park for the future residents. - The residents wanted the number of lots to be reduced. The residents rejected the plan submitted by the developer. Staff agreed to review the residents concerns with the developer and organize a second open house. Page 203 of 737 5 PBD-2019-19 April 9, 2019 Open House, March 8, 2018 Staff organized a second open house and shared three different subdivision designs with the area residents. - The majority of the residents accepted the subdivision design which is consistent with the Plan shown as Schedule 2. - The applicant prepared a Traffic Impact Study which was submitted to the City’s Transportation Services for review. - Staff reported that the City’s Park and Design Division confirmed that the proposed development would not create a need for a new park and that the existing parks could accommodate the future residents. - Staff confirmed that the City Municipal Works Division was reviewing the capacity of the existing stormwater management pond and the option to enlarge the pond to resolve the existing issue. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to comply with Provincial policies. These policies direct municipalities to facilitate residential intensification within urban areas to help meet intensification targets. The subject lands are located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The subject lands are currently underutilized. The proposed development is a form of residential intensification promoted by the Province and will aid the City in achieving 40% intensification target within the Built-Up Area. 2. Official Plan The subject lands are designated Residential in the City’s Official Plan. The Plan contains a hierarchy of density guidelines for different types of residential development. The Plan allows the development of a variety of housing types, including detached and semi-detached dwellings, street townhouses, block townhouses and other compatible housing forms up to a maximum density of 40 units per hectare (16.19 units per acres) with a minimum density of 20 units per hectare (8 units per acre) along local and collector roads. The density of the project is 19.27 units per hectare (7.8 units per acre) which meets the intent of the Official Plan. The proposed detached housing is compatible with other low density housing in the area. The subdivision provides a direct connection to Kalar Road which is an arterial road, intended to carry higher traffic volumes and provides access to other parts of the City. The proposed subdivision will assist the City in meeting future housing needs in this district. As such, the development is considered to be in compliance with the Official Plan. Page 204 of 737 6 PBD-2019-19 April 9, 2019 3. Zoning By-law Amendment The subject land is zoned Development Holding (DH), in part, and Institutional (I), in part, in accordance with Zoning By-law No. 79-200. The applicant is requesting the zoning be changed to a site specific Residential IE Density (R1E) zone, in part, (Lots 1-86), and Environmental Protection Area (EPA), in part, (Block 87). A rear yard setback of 30 metres is proposed for Lots 83 -86 (inclusive) as the lots abut a railway ROW. The proposed setback from the railway ROW is consistent with the requirements of CN Rail. The applicant is also proposing to enlarge the existing stormwater management pond. The land that will be added to the existing pond (Block 87) will be placed under an EPA zone. 4. Subdivision Design and Conditions of Approval The proposed subdivision contains lots for detached dwellings, a block for a pedestrian walkway and a block for stormwater management pond. The subdivision provides 86 lots for detached dwellings. The proposed lots are accessed via a new local road directly off Kalar Road which will provide a second exit/entrance to Beaver Valley Subdivision to address concerns of the Fire Department and allows the watermain to be looped. A long cul-de-sac street from Ascot Circle provides access to some lots with emergency access to Beaverton Boulevard. Houses on this street must be sprinklered. Some lots will also be accessed from Brookside Drive and Citation Road. Parkland dedication will be taken for this subdivision as cash -in-lieu in accordance with the Planning Act. A pedestrian walkway (Block 91) will provide a connection to the Ascot Woods neighbourhood to the north to allow children to reach Cardinal Newman School. The balance of the conditions in Appendix A are standard conditions of draft plan approval and include the dedication of necessary road widenings and daylight triangles, installation of municipal services, provision of utilities to the subdivision and the naming of streets to the satisfaction of the City. 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. Page 205 of 737 7 PBD-2019-19 April 9, 2019 LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Subdivision 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.Dilwaria:mb Attach. S:\PDR\2019\PBD-2019-019, AM-2017-020 & 26T-11-2017-004, Beaver Valley Extension.docx Page 206 of 737 8 PBD-2019-19 April 9, 2019 SCHEDULE 1 Page 207 of 737 9 PBD-2019-19 April 9, 2019 SCHEDULE 2 Page 208 of 737 10 PBD-2019-19 April 9, 2019 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Beaver Valley Corridor Draft Plan of Subdivision prepared by Upper Canada Consultants Inc., dated March 8, 2019, showing 86 lots for detached dwellings, a block for stormwater management, a block for a pedestrian walkway and a block for road widening. 2. The developer enters into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the subject lands. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submits a Solicitor’s Certificate of Ownership for the subdivision lands to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The developer receives final approval of the Zoning By-law amendment to provide land use regulations for the development of the subdivision. 5. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law. 6. 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. 7. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadways and sidewalks to municipal requirements and the proposed road allowances be dedicated as public highways; (b) a 4.94 metre road widening along the Kalar Road frontage of the subject lands; (c) dedication of daylight triangles measuring 7 metres by 7 metres at the intersection of Kalar Road and Street A; (d) dedication of 5 metres by 5 metres daylighting triangle on the inside of road bends; (e) speeds hump/cushions on Street A between lots 3 and 4, between lots 17 and 18 and on Brookside Drive between lots 56 and 57; Page 209 of 737 11 PBD-2019-19 April 9, 2019 (f) construction of a walkway on Block 91 to municipal standards connecting the west end of Citation Drive with the west end of Brookside Drive. (g) replacing the concrete curb and gutter on both sides of Citation Road from Lot 23 to Lot 46 (inclusive); (h) replacement of concrete curb and gutter on bot h sides of Brookside Drive from Lot 47 to Lot 65 (inclusive); (i) final restoration within Citation Road and Brookside Drive will include full width milling to top lift asphalt and resurfacing with hot mix asphalt for the length impacted by the proposed development works, in accordance with City standards; a. Traffic calming within existing roadways shall be included in the restoration detailed drawing in accordance with City’s Transportation Division. (j) the length of Street B through the municipally owned Block 41 (59M241), connecting to Ascot Circle shall be constructed in accordance with City’s Urban Local Road Section (20 metre width) and at developer’s expense; (k) construction of roadways to Municipal standards and include line painting; (l) dedication of proposed road allowances, Street A and Street B as public highway; (m) construction of a permanent emergency access road between the north limit of Beaverton Boulevard and Street B complete with curb and gutter to facilitate overland flows for major wet weath er events (as proposed by Stormwater Management Plan report) and surfaced with hot mix asphalt, all to the City’s satisfaction; Note: The emergency access shall be gated (bollard and chain) and signed to the City’s satisfaction; (n) construction of a 1.5 metre wide concrete sidewalk on the north side of Brookside Drive from Lot 65 westerly and along Street A up to the street intersection with Kalar Road. Connecting links with White Dove Parkway, Windsong Drive, and the west leg of Brookside Drive must be included; (o) construction a 1.5 metre wide concrete sidewalk on the east and south side of Street B to provide connectivity between Ascot Circle and emergency access to Beaverton Boulevard; (p) replacement of all existing sidewalk damaged by construction related to the proposed development at the Developer’s cost to match the existing; Page 210 of 737 12 PBD-2019-19 April 9, 2019 (q) submission of a Traffic Report to the satisfaction of City’s Transportation Services; (r) placement of tactile warning plate be added to the existing sidewalks at the access to the proposed development including: i. Kalar Road – each side of Street A ii. Ascot Circle - each side of Street B iii. Brookside Drive west end - south side sidewalk to proposed sidewalk on the north side iv. Windsong Drive and Brookside Drive intersection – each side v. White Dove Parkway and Brookside Drive intersection - each side (s) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Ministry of the Environment and Climate Change (MOECC) Guidelines and City Standards; (t) testing of the watermains shall be completed in the presence of a Certified Water Operator using the City’s Watermain Commissioning Checklist; (u) submission of the hydrant coverage drawing to ensure adequate fire protection; (v) weeping tiles be connected to the storm sewer system via sump pumps and all rainwater leaders outlet to grade and be directed to the front/rear yards; (w) application of the City’s Lot Grading and Drainage Policy in accordance with the City Standards; (x) the street lighting shall be designed in accordance with the City’s specification (as amended April 2016); (y) the developer shall prepare s street lighting drawing and photometric plan to demonstrate compliance with City’s standards; and (z) connection of water services to municipal watermain are to be live tapped by the City of Niagara Falls Environmental Services Division 8. The developer submits a Geotechnical Report prepared by a qualified geotechnical engineering consultant that will detail the existing soil condition to the satisfaction of Municipal Works. The report shall identify any underground infrastructure installation constraints that may be encountered during construction and provide necessary information with respect to handling and disposal of excess excavation material. 9. The developer shall submit a Functional Servicing Report signed by a professional engineer licensed to practice in the Province of Ontario demonstrating that the existing watermains and sanitary sewers are sufficient to service all phases of Page 211 of 737 13 PBD-2019-19 April 9, 2019 development. Where flow and/or pressures are unknown, testing shall be conducted in coordination with the City of Niagara Falls Environmental Services Division and at the developer’s expense. 10. Eliminating dead-end watermains shall be a priority: (a) The proposed watermain in Street A will connect to both the watermain on Brookside Drive and Kalar Road; (b) The proposed watermain in Street B will connect to 1) the existing 200mm diameter watermain in Ascot Circle and 2) either connect to the Brookside Drive watermain or loop through to the existing watermain on Ascot Circle. Looping watermain shall be serviced by cross-linked polyethylene pressure pipe. 11. The developer shall revise the Stormwater Management Plan report to reflect Draft Plan of Subdivision dated March 8, 2019, signed by a professional engineer licensed to practice in the Province of Ontario, confirming that the existing storm sewers are sufficient to service all phases of the development; 12. The developer shall dedicate the property identified by the City’s engineering consultant for the expansion/retrofit of the existing stormwater management pond. 13. An overland flow route shall be designed within the right -of-way for major storm events and constructed in accordance with MECP Guidelines and City stan dards. (a) Roadway grades within the external 16.32 hectare drainage area (Ascot Woods) must be included to demonstrate the technical feasibility of the overland flow route. (b) Design details must be provided to support the connectivity between the external drainage area (Ascot Woods) and the proposed development. 14. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement (86 single lots) as per the City’s Development Charges By- law No. 2014-87 15. The developer grants the City and public utility companies any easements required to service the subdivision. 16. The developer submits the digital data and contract documents in accordance with the City CAD standards, and itemized in accordance with the City Schedule of Quantities and Unit Prices format. 17. The developer pays the required fees for Engineering Inspection and Administration for the subdivision. Page 212 of 737 14 PBD-2019-19 April 9, 2019 18. The developer accommodate the provision of one boulevard tree per lot and two boulevard trees per corner lot and pay to the City $350 per tree for this provision, in accordance with City policy. 19. The developer submits a landscape plan showing landscaping, fencing to the satisfaction of Parks Design. 20. The developer pays the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. 21. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on one side of the road where the asphalt width is less than 8 m or on one side of the road. The subdivision agreement is to specify the supply and installation of no parking signage is to be at the cost of the developer. 22. The developer submits servicing plans to Municipal Works and Fire Services for review. Such plans are to include road widths and curb radii. Note that the Municipal Works Department is responsible for final approval of said servicing plans. 23. That adequate water supply for the firefighting purposes shall be immediately available and accessible with sufficient volume and /or flow to facilitate firefighting operations prior to the construction of buildings. 24. The developer shall install an automatic sprinkler system in all residential units on Street B, due to lack of a secondary emergency access. 25. The developer is hereby advised that prior to commencing any work within the P lan, the developer must confirm that sufficient wire-line communication/ telecommunication infrastructure is available. In the event that such infrastructure is not available, the developer shall be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the developer elects not to pay for the above noted connection, the developer shall be required to demonstrate to the satisfaction of the municipality that sufficient alternative communication/telecommunication facilities will be provided to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (i.e. 911 Emergency Services). 26. The developer agrees in the Subdivision Agreement, in words satisfactory to Canada Post, to grant to Canada Post any easements that may be required for the installation of CMBs on private property. 27. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a CMB. The developer also agrees to note the locations of all CMBs within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to CMBs. Page 213 of 737 15 PBD-2019-19 April 9, 2019 28. The developer satisfy all requirements of Canada Post regarding concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, informing potential homeowners of CMB locations, timing of construction and identification of CMBs and related works on engineering servicing drawings. 29. The developer contact Enbridge Gas Distribution’s Customer Connections Department by emailing SalesArea80@enbridge.com for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. NOTE: If a gas main needs to be relocated as a result of changes in the alignment or grade of the future r oad allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant. 30. The developer grades all streets to final elevation prior to the installation of the gas lines and provides Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 31. The developer provides Enbridge Gas Distribution with the necessary easements in the event they are required to service the development. 32. The developer enter into a development agreement with CN railway to address all their requirements of development which shall include but not be limited to construction and certification of the crash wall, warning clauses and drainage, all to the satisfaction of CN Railway. 33. The developer obtains an NPCA work permit for any work proposed within the watercourse on the subject lands, prior to any development or site alteration. 34. That the Ministry of Tourism, Culture and Sport’s acceptance letter for the Stage 1-2 Archaeological Assessment be submitted to the Niagara Region. NOTE: No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the MTCS confirming that all archaeological resource concerns have been mitigated and meet licensing and resource conservation requirements. 35. That the following clause be included in the subdivision 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 (MTCS) (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. Page 214 of 737 16 PBD-2019-19 April 9, 2019 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 36. That the owner file a Record of Site Condition (RSC) on the Ministry of the Environment and Climate Change’s (MOECC) Brownfields Environmental Site Registry, in accordance with Ontario Regulation 153/04 as amended by Ontario Regulation 511/09, and that the owner provide a copy of the MOECC’s acknowledgement of the filing of the RSC to the Niagara Region. 37. That the owner submits confirmation from a qualified acoustical consultant that the sound barrier requirements outlined in the Environmental Noise Assessment, prepared by Valcoustics Canada Ltd. (dated September 15, 2017) are adequate based on the grading plan. 38. That the subdivision agreement include clause(s) requiring the owner to implement the recommendations of the Environmental Noise Assessment, prepared by Valcoustics Canada Ltd. (dated September 15, 2017), to the satisfaction of Niagara Region. NOTE: Prior to issuance of building permits and occupancy permits, the building inspector or a Professional Engineer qualified to perform acoustical engineering services in the Province of Ontario should certify that the noise control measures have been properly incorporated, installed and constructed. Clauses will be required in the subdivision agreement to this effect. 39. That the owner submits confirmation from CNR that any vibration concerns have been addressed to their satisfaction. 40. That the following clause be included in the subdivision agreement: “These lands are in proximity to lands designated for agricultural uses. The lands may be subject to noise, odour, and/or dust from nearby agricultural operations, which may interfere with some activitie s of the dwelling occupants.” 41. That the owner promptly acknowledges that draft approval does not include a commitment of servicing allocation by the Niagara Region as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes and any pre-servicing will be at the sole risk/responsibility of the developer. 42. That the owner promptly provide the Niagara Region with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to Page 215 of 737 17 PBD-2019-19 April 9, 2019 registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserte d in the subdivision agreement between the owner and the City. 43. That prior to approval of the final plan or any on-site grading, the owner shall submit a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a qualified professional engineer in accordance with the MOECC documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to the Niagara Peninsula Conservation Authority for review and approval, with a copy provided to the Niagara Region: i. Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and ii. Detailed erosion and sedimentation control plans. NOTE: The Niagara Region may request the Niagara Peninsula Conservation Authority review the detailed lot grading and drainage plan as well as the detailed sediment and erosion control plan on the Region’s behalf and to submit comments to the Niagara Region regarding the approval of these plans and the subsequent clearance of related conditions by the Region. Please also note that NPCA’s fee for review of stormwater management plans is in addition to the Region’s final clearance fee. 44. That the plan complies with the Niagara Region’s Waste Collection Policy. Note: for any development phasing, the owner shall create appropriate temporary waste collection turnaround(s) at the end of each dead end street(s), to permit Regional waste collection or confirm that waste collection will be the owner’s responsibility. 45. That the subdivision agreement between the owner and the City of Niagara Falls contain a provision whereby the owner agrees to obtain a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place at the completion of the development. Notes Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. Prior to final approval for registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. Page 216 of 737 18 PBD-2019-19 April 9, 2019 NOTE: The Niagara Region recommends that a copy of the draft agreement also be provided in order to allow for the incorporation of any necessary revision prior to execution. 46. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together with all studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft subdivision agreement shall be submitted to the Niagara Region by the applicant as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following a gencies indicating that their respective conditions have been satisfied: Legal Services for Conditions - 2 and 3 Planning and Development Services for Conditions - 4 to 6 (inclusive) Transportation Services for Condition - 7 Municipal Works for Conditions - 7 to 18 (inclusive) Landscape Architect for Conditions - 19 and 20 Fire Services for Conditions - 21 to 24 (inclusive) Bell Canada for Condition - 25 Canada Post for Conditions - 26 to 28 (inclusive) Enbridge Gas Distribution Inc. for Conditions - 29 to 31 (inclusive) CN Railway - 32 Niagara Peninsula Conservation Authority - 33 Regional Municipality of Niagara for Conditions - 34 to 46 (inclusive) Page 217 of 737 Anamika Dilwaria Aii2AA, /1 A►'kt - dot 7-0-2_0 From: Richard Rochon <rgrmechtech@gmail.com> Sent: Tuesday, March 6, 2018 9:22 AM To: Anamika Dilwaria Cc: Wayne Thomson; Kim Craitor Cogeco Account Subject: Proposed concepts for Beaver Valley Corridor PlannIngd Flle. Hi Anamika, my concept vote is for concept 2, as a preferred design as a safer concept for traffic and pedestrian as it prevents high speed of vehicles, as well as for the safety of the existing residents of the Brookside cul de sac as well as the new home residents that will eventually have to contend with such an intersection on their very own steps. This will cause a lot of problems with migrating to and from each other's residences in a safe manner, as well as for parking when families have visitors, special family milestones? And so on. We all have to consider the final design concept since it will certainly effect us all in the long run. Rick Rochon 7986 Brookside Drive Niagara Falls, Ont. L2H3M5 i Page 218 of 737 fi/YI -.J/7-4210 o7o/7r n` Planning I Sc nnad Ra: March 21, 2019 Director of Planning, Building & Development, City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Alex Heriovitch Re: 5140 Kalar Road & Former MTO Lands (Assessment Roll Nos.: 2725-090-003-00507 and 2725-090-001-04505) Draft Plan of Subdivision — Beaver Valley Corridor— City File: 26T-11-2017-004 Zoning By-law Amendment Application -City File: AM - 2017 -02 I'm submitting my questions and concerns regarding note above. First of all, I would like to know if there will be an Environmentalist at the meeting on April 9117 During construction, where would the vehicles be going in and out? The roads leading to the sight are of finished construction and are not made for heaving truck traffic. A separate access should be made to Kalar. What measures will be taken to control dust/dirt, noise that is generated from the heaving vehicles and equipment? Second, will there be an Engineer there as well in regards to the sewer system? To determine if the sewer is large enough to handle all these homes that will be facing Citation Road, and will be feeding off our sewer system. The sewer system was put in place, knowing that it was going to be a highway by MTO. If basements do flood, who will be taking the responsibility of this issue and paying for damages? I hate to get a lawyer involved if this happens. Like our backyards have been flooding up. As we all know, what has happened on Stanley Avenue, when the new hotel went up 3 years ago, that whole area across the street flooded and bigger sewer systems were put in. Tax rate, in which I'm paying, how will these home effect my taxes? These homes will be twice the size of mine. I don't think that its right that the city raises my taxes, because of these homes that are facing us and are of higher value and a total different design, which will not look right on Citation Road. Assuming the houses are facing Citation Road, how will parking be affected, since the road is narrow? We have school buses going up and down this street and pulling in and out of our driveways will be restricted. My suggestion is to have the builder put the extra monies in and put in a sewer system and have the back of the houses face Citation Road and Brookside, so that they can have their own street. The builder can put the extra cost on the buyer. Regards Linda Guglielmi ""'' e° • 905-358-5795 j MAR 2 7 2019 Page 219 of 737 Gwen Donofrio mss Planning m167 S From: Don Davidson <don.davidson@outlook.com> Sent: Friday, January 05, 2018 1:05 PM To: Wayne Campbell; Kim Craitor; Carolynn Ioannoni; Vince Kerrio; Joyce Morocco; Victor Pietrangelo; Mike Strange; Wayne Thomson Fallview Account; Gwen Donofrio Subject: Draft Plan of the Beaver Valley Extension Sub -division Good day all — I am writing you to voice a concern about the proposed development plan for the Beaver Valley Extension sub -division. I currently reside at 8031 Beaverton Boulevard in the Beaver Valley subdivision - right across from the park. My concern revolves around the increased traffic which would pass through our sub -division if the proposed plan is implemented. The proposed plan has a road connecting between the 2 sub -divisions (Beaver Valley & Beaver Valley Extension) which would act as perfect short-cut from Beaverdams for those living in the new sub -division and beyond thereby increasing traffic flow through Beaver Valley sub -division. For instance it would be short cut to get Shopper's Drug Mart. This short cut would pass directly by the existing park in Beaver Valley. I can tell you from personal experience there has been too many close calls between kids and cars on this road with the traffic level as it is today. There is an alternative plan which does not have a connecting road between the 2 sub -divisions which would eliminate any hazard from increased traffic flow. For the sake of kids' safety please only approve the alternate plan which has no connecting road between the 2 subdivisions. Yours truly Donald Davidson. 1 JAN - 5 2018 PNP n, 1Nc 8: DE VFLLANO ENT Page 220 of 737 Sunday, January 7/ 2018 Dear Sirs/ Madame's; Pertaining to said Beaver Valley Corridor/ Brookside Drive proposed court turned into very strange intersection onto left to right in either direction (zig zag corner?) to new proposed street yet to be named once approved; here is my concern for long term safety of all current and future residence of our current quiet neighbourhood. It certainly puzzle me as proposal may find us with future safety issues by this type of migration of influx of traffic from not only area residence as well as other vehicles adding to a lot of short cut by passing from Kalar to Montrose. The big picture certainly needs to be revisited since this type of unorthodox traffic intersection may and will certainly create issues with not only residing constituent's but as well as future and new residences and their families and loved ones/ visiting friends. For one once said new neighbourhood is complete under current proposal we see issues pertaining to traffic at new said intersection, parking with new families visiting, snow removal, migrating into said properties as well as into street traffic at intersection from said properties, safety to pedestrians, children playing near said proposed intersection, delivery of furniture in transport trucks to new homes, as well as everyone's family members/pets as they venture about near said proposed intersection. Is anyone responsible/liable once such a proposal is approved if anyone befalls to any type of injury to body, property at such a strange intersection? Do we only consider the bottom line to said development on behalf of big business/revenue or do we consider prudent managerial responsibility to final action on behalf current residence as well as future residence who do not have at the moment anyone to stand and speak on their behalf of them as well as their loved ones? Should we also consider other viable alternatives to design when financial end criteria's have to be responsibly addressed for all parties? (Developer, city, and residences.) How can we be heard even though we care for our neighbourhood and for each other as safety does need to be addressed at such a proposed intersection? I truly am concerned since our home at 7986 Brookside Drive is at the very edge entrance to this current court circle and since I have been a fulltime caregiver/father 7 days a week,24 hrs a day, 365 days a year, for my disabled/ill wife for many years and I rely on the support of CCAC, PSW'S ,crisis nursing, ambulance and fire paramedics on a regular basis, who once dispatched tie up our street with their emergency vehicles that will also put a strain on the safe migration of the influx of traffic at this very said proposed intersection. Do I not have enough to worry about now with our current situation at home but now need to worry on how to migrate safely out of our own property during emergency situations which happen a lot in our home? So I truly am and will stand fast along with my current/future neighbours in disagreeing at having such a proposed intersection at and into a court at Brookside since I also foresee how fast traffic will be moving from the other end of Brookside to said court/intersection? This is certainly a stalemate for us all who are at a crossroad of certain defiance as no one is a winner in this type of propose situation, and I certainly hope for everyone's concern that we can all come to an amicable and responsible managerial resolve, as I sit in church and remind myself about Father Paul's Sunday messages. Page 221 of 737 Rick Rochon 7986 Brookside Drive, Niagara Falls, Ontario, L2H3M5 289-686-4557 rgrmechtech@gmail.com Page 222 of 737 November 30, 2017 Director of Planning, Building & Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 To Whom It May Concern: j NI_ ui) - 02-a 2-67. rt I aCM-- NOV 2 8 2017 PLANNING DEVELOPMENT rimming tined Fne a have noticed that there is already a development sign posted on Kalar Road in regards to the Beaver Valley Corridor. I live on Citation Road and would like to voice my concern with this new development. 1. To begin, Citation Road is too narrow to have another row of houses facing our houses. It's already congested when the school buses drive by and cars are parked on the side of the road. And if you put a no parking sign, who will actually abide by that? Is Centennial Homes following the zoning by- laws with these homes? i.e. height of the houses, and what is the setback on this street? 2. The previous homes now on Citation Road are back splits or bi level homes, the homes that Centennial Homes plans on building will definitely not blend in and our area is considered Beaver Valley not Beaver Valley Corridor 3. I noticed on the plan an access street will be in between the Smart Town homes and the one family home on Ascot Circle, then connecting to Brookside Drive which will come out to Kalar Road. This will create an easy access for non-residential residence to cut through faster to get to Kalar Road. You can see that this has happened on Preakness St, which resulted in speeders and then speed humps were installed with a sign 25k/hr, but drivers are literally driving 35-40k/hr. So who really follow signs? People who don't live in this neighbourhood use this street as a by street, and the same thing will happen here. 4. Another point are the taxes, I don't want my taxes to go up, because of the luxury and cost of the homes. The house next to the SmartTown homes on Ascot Circle, will now be a corner house, I can just imagine what he'll end up paying for taxes. We don't get anything from our taxes dollars, i.e. we'll have 3 feet of snow and no plow comes by or a day or two A solution would be that the houses in the Beaver Valley Corridor their backyards face Citation Road and Brookside Drive. There would be plenty of room for them to have their own access in and out of their street. Now -a -days there's hardly any property. And these homes would resemble one -another. The Planning Department/Developer along with the City Hall of Niagara Falls making these decisions, should be listening to what the people in this neighbourhood are saying. We have to put up with this. You have to listen to what the people want. We know that builder/developer will get whatever he wants, because once the chaos starts, it's too late to fix it and we have to put up with it. Sincerely Citation Road Resident Page 223 of 737 Anamika Dilwaria From: Alex Herlovitch Sent: Wednesday, November 29, 2017 11:45 AM To: 'Igoogs69@gmail.com' Cc: Anamika Dilwaria Subject: FW: beaver valley corridor Attachments: Director of Planning.docx Dear Citation Resident Thank you for your letter of concern regarding the proposed subdivision development on the former right of way for Highway 420. The subject lands are zoned Development Holding in the City's Zoning By-law. This means that the developer will need to amend the zoning by-law and apply for a plan of subdivision which will necessitate a public meeting at a future City Council meeting. Everyone who owns land within 400 feet of the subject lands will receive a notice of the application. In the meantime we will add your letter to the comments already received and discuss it with the developer. As a bit of background, when the Beaver Valley Subdivision was being designed, Brookside Drive was intentionally developed with an open side to the highway right-of-way to allow for lots to front onto the north side of the street in the event the highway was not built. The current design to front houses onto this street is in keeping with that concept. I would suggest to you that the road linkages from Ascot Circle to Brookside to a new street leading to Kalar Road is rather more circuitous than Preakness which was intended to serve as a collector road from the Ascot Wood subdivisions. Nonetheless, all of the points you make, together with comments from other members of the public will be compiled with comments received from various departments and agencies and combined together for feedback to the developer and addressed in a future report to City Council. I hope to see you at the future neighbourhood meeting. Sincerely Alex Herlovitch Alex Herlovitch, MCIP, RPP Director of Planning, Building & Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 P: 905-356-7521, ext 4231 aherlovitch(a niagarafalls.ca From: Lin G [mailto:lgoogs69(agmail.com] Sent: Wednesday, November 29, 2017 7:03 AM To: Gwen Donofrio Subject: beaver valley corridor Good Morning I have attached a letter regarding the future development of the Beaver Valley Corridor, I've notice that the layout has already been posted on Kalar Road. I would like to know why I haven't seen a Notice posted by the City in regards to a meeting about this 1 Page 224 of 737 Thank you Linda 2 Page 225 of 737 Anamika Dilwaria AM— `).-43 — 0 2 2G — ©n1_ From: Bill Bartolini <enersmartniagara@gmail.com> Sent: Friday, March 9, 2018 7:22 AM To: Anamika Dilwaria Subject: Beaver valley Corridor Anamika, Please accept this email as confirmation of my vote for the concept 2. Regards, Bill Bartolini 7938 Brookside dr. 1 MAR 9 9 2039 PLANNING DEV`EL.OPiMENT Page 226 of 737 Anamika Dilwaria From: Colleen Bartolini <colbarto@outlook.com> Sent: Wednesday, March 7, 2018 8:25 PM To: Anamika Dilwaria Subject: Beaver Valley Corridor Hello Anamika, MAR 0 g 2018 PLANNING DEVELOPMENT PLANNING DEVELOPMENT My name is Colleen Bartolini. My home is at 7938 Brookside Drive, on the cul-de-sac that would directly be impacted by Concept 1, since the street entrance to the Corridor would be at the end of my driveway, on our quiet cul-de-sac. would like to state that am I adamantly opposed to Concept 1. When we built our home on this cul-de-sac, we did so with the security that we would live on a quiet, private and SAFE street — with no through access of traffic flow. The logistics of having traffic drive down White Dove Parkway and then zig-zagging over through our cul-de-sac to access a new subdivision is unnecessary and unconventional The only proposed concept that makes any sense to me would be Concept 2. It not only creates 2 more cul-de-sacs in the new neighbourhood, but also keeps ours' intact. I would support the development of Concept 2 only. Thank you, Sincerely, Colleen Bartolini Page 227 of 737 Anamika Dilwaria tr V t2 Lu -d From: Duarte, Ludgero < > Sent: Tuesday, March 13, 2018 3:21 PM To: Anamika Dilwaria Subject: Vote Good afternoon I missed the meeting as I was away I am voting for concept 2 with no fire route My name is Ludgero Duarte and I live on Beaverton Blvd Please confirm you have received my vote Thank you Lou Duarte If you received this email in error, please advise the sender (by return email or otherwise) immediately. You have consented to receive the attached electronically at the above -noted email address; please retain a copy of this confirmation for future reference. You may unsubscribe from promotional emails. Si vous recevez ce courriel par erreur, veuillez en aviser I'expediteur immediatement, par retour de courriel ou par un autre moyen. Vous avez accepte de recevoir le(s) document(s) ci-joint(s) par voie electronique a I'adresse courriel indiquee ci-dessus; veuillez conserver une copie de cette confirmation pour les fins de reference future. Vous pouvez vous desinscrire de la liste d'envoi de courriels promotionnels. MAR 1 4 2018 PLANNING DEVELOPMENT 1 Page 228 of 737 M - -- 9-o a 7--((, 2otR--OO - Anamika Dilwaria From: bosel87mv . Sent: Friday, March 9, 2018 12:51 PM To: Anamika Dilwaria; Christine DeFazio-Scott; Mike Fiore Subject: Beaver valley - new development - Concept 1,2 Anamika, MAR 0 9 2018 PLANNING DEVELOPMENT My name is Mark Visentin, I live in Beaver Valley subdivision at 7937 Beaverton Blvd. I missed the meeting yesterday but did attend the 1st meeting. My vote is for CONCEPT 2 - WITHOUT FIRE ACCESS ON BEAVERTON BLVD. - However, if fire access is the only way for concept 2 to move forward then unfortunately that will be fine. I am absolutely opposed to option 1 that would open our subdivision to Kalar and Ascott by adding entrances to the NE and NW area's. For you consideration, one of the main selling points for my decision to buy in Beaver Valley is the subdivision is somewhat isolated, with only one way in/out. This means that traffic is strictly limited to those owners/visitors for our community. Opening the subdivision on the NE and NW corners will make our Subdivision a "thruway" for traffic coming from the North or South. If there is a train on Montrose, you could drive thru Preakness and make your way into Beaver Valley to bypass the train tracks at both Montrose and Beaverdams. This is a troubling thought as an owner with children regarding additional traffic. Additionally, I can confidently state that other residents in my area, weather they have the time to write a similar email or not - Do agree with what I have described above. In closing, truly - OPTION 3 was the best for our communities, but unfortunately described as "off the table" for voting. Although I don't agree or understand why, truly OPTION 3 was the best for all residents in the area. This option shares the burden equally of the new development between the subdivisions to the North, South, East and West. This OPTION 3 is truly the one that would not create a WIN/LOOSE scenario for any residents or the developers and truly should be considered and implemented. Best Regards, Mark Visentin giONSIMIM 1 MAR 0 9 2018 PLANNING VEL.OPMFNT Page 229 of 737 Anamika Dilwaria From: mike Fiore <mfiore@cogeco.ca> Sent: Monday, March 5, 2018 12:18 PM To: Anamika Dilwaria Subject: Beaver Valley Corridor Hello Anamika, As suggested here is my email in favor of Concept 2 for the Beaver Valley Corridor. As you are aware from the first open house meeting there were zero votes for concept 1, and the majority of residents that attended voted for Concept 2 with the vote that you had. Some of these residents will not make the upcoming meeting as they felt during the meeting that concept 1 would not be used as all in attendance were opposed. It would be hard for me to get a hold of these people to write you an email to reiterate their vote again as I will be working all week and I work 12 hour shifts. Thanks again, Mike Fiore 905-964-2520 7952 brookside Drive Virus -free. www.avast.com 1 Page 230 of 737 Anamika Dilwaria From: Geoffrey Murdock < Sent: Friday, March 9, 2018 9:00 PM To: Anamika Dilwaria Subject: Beaver Valley Corridor expansion Hello, A-M ot7 - Our family lives at 8120 Brookside drive. One of our neighbors suggested that you were interested in the opinion of the residents regarding the proposed plans. We strongly prefer plan #3. If this is not an option, then we prefer #2 over #1. We would have come to the most recent meeting to make our voices heard, but we are away on vacation. Thanks for considering this. Geoff and Sarah Murdock 1 Dr_„E.LOP,MENT k Page 231 of 737 Anamika Dilwaria tr V t2 Lu -d From: Duarte, Ludgero < > Sent: Tuesday, March 13, 2018 3:21 PM To: Anamika Dilwaria Subject: Vote Good afternoon I missed the meeting as I was away I am voting for concept 2 with no fire route My name is Ludgero Duarte and I live on Beaverton Blvd Please confirm you have received my vote Thank you Lou Duarte If you received this email in error, please advise the sender (by return email or otherwise) immediately. You have consented to receive the attached electronically at the above -noted email address; please retain a copy of this confirmation for future reference. You may unsubscribe from promotional emails. Si vous recevez ce courriel par erreur, veuillez en aviser I'expediteur immediatement, par retour de courriel ou par un autre moyen. Vous avez accepte de recevoir le(s) document(s) ci-joint(s) par voie electronique a I'adresse courriel indiquee ci-dessus; veuillez conserver une copie de cette confirmation pour les fins de reference future. Vous pouvez vous desinscrire de la liste d'envoi de courriels promotionnels. MAR 1 4 2018 PLANNING DEVELOPMENT 1 Page 232 of 737 thrM- lam. --U20 Anamika Dilwaria 261-- i, - 24ta-- 001 - From: Erika Hamilton <erika.hamilton5@gmail.com> Sent: Thursday, March 8, 2018 5:57 PM To: Anamika Dilwaria Subject: RE: Draft Plan of Subdivision - Beaver Valley Corrid Good evening Anamika, RigPlanning F' / ton/ r 2:6T44 1:1;;2017 0Q3) f:? , PC, MAR 0 9 2010 PLANNING Thank you for providing me with your contact information. Again, I apologiz, • sla.r tthreadsin house to discuss this development plan as I was called into a last-minute meeting at work. Please see below an email drafted in collaboration by both my household (8114 Windsong Drive) and that of our neighbours (8120 Brookside Drive). We are residents of the Beaver Valley subdivision and live directly across from the newly proposed development. We live on the corner of Brookside Drive and Windsong Drive and we have six young children between our two households. When we purchased our home, the quiet nature of the neighbourhood was a strong attractant for us. We value streets without cars travelling at high rates of speed and the inability for commuters to use them as short-cuts to the busier thoroughfares (Montrose Road and Kalar Road). We have made peace with the fact that the land will be used to build more homes; however, we fear that our quiet, family -friendly neighbourhood will turn into a busy commuter route. We strongly urge you to consider Concept #3. I read that "Staff does not support Concept #3 because it does not comply with the Fire Services' and Municipal Works Division's requirements and does not provide connectivity to the existing subdivisions". We speak for not only our two families, but also for all of our neighbourhood friends, when I say that we do not want connectivity with the existing subdivisions. We want our neighbourhood to stay as close to its current state as possible. As it stands, our children can play street hockey, ride their bikes and trick or treat without fear of vehicles transiting our streets at high rates of speed. We want this to remain the case. As the council is surely aware, the rail tracks that transect the city are a constant source of delay and nuisance to the residence of Niagara Falls. Should our subdivision be made into a thorough way between Montrose Road and Kalar Road, we will undoubtedly see and increase in vehicles looking to circumvent train traffic and/or avoid the backlog of the existing intersections at Beaverdams/Kalar Road and Montrose Road/Hwy 420. Assuming the current configuration of our subdivision, as it was originally built, is compliant with the city's requirements, we do not understand how Concept #3 is non-compliant with both Fire and Municipal Works requirements. The only change to our neighbourhood is that houses are added to the North Side of Brookside Drive. If the non-compliance is from the new streets: "Street ! ", "Street B', or"Street C", then find a way to make those ones compliant in their own right, without further affecting our subdivision. We also feel that with the number of houses that are being added to our subdivision, the developer should be obligated to provide financing to improve the neighbourhood park. As the developer has made no indication that he plans to donate/contribute any of his land to facilitate the creation of a park for his new homes, the very least he could do is contribute funds to improving the park nearby in order to accommodate a much larger population that will be using it. Speaking with neighbours in the area, we would like to see the sand removed from the playground and replaced with rubber. We currently avoid the park and go to other ones because we dislike the children coming home full of sand in their shoes and clothing; not to mention the danger of buried objects hidden in the sand, as was the case in the park on Preakness, part of the subdivision you are determined to link us to, a few years back. 1 Page 233 of 737 We sincerely hope that you are keeping the residents of both Beaver Valley and Citation in mind as you move forward with this planned expansion. We want Concept #3; however, if we are forced to settle with Concept 2, then the developer and the city owe it to the residents of Beaver Valley to provide financing to improve the existing playground. Regards, Geoff and Sarah Murdock 8120 Brookside Drive Lome and Erika Hamilton 8114 Windsong Drive 2 SAA MI'J 0 9 2018 PLANNING DEVELOPMENT Page 234 of 737 Anamika Dilwaria From: Geoffrey Murdock < Sent: Friday, March 9, 2018 9:00 PM To: Anamika Dilwaria Subject: Beaver Valley Corridor expansion Hello, A-M ot7 - Our family lives at 8120 Brookside drive. One of our neighbors suggested that you were interested in the opinion of the residents regarding the proposed plans. We strongly prefer plan #3. If this is not an option, then we prefer #2 over #1. We would have come to the most recent meeting to make our voices heard, but we are away on vacation. Thanks for considering this. Geoff and Sarah Murdock 1 Dr_„E.LOP,MENT k Page 235 of 737 M - -- 9-o a 7--((, 2otR--OO - Anamika Dilwaria From: bosel87mv . Sent: Friday, March 9, 2018 12:51 PM To: Anamika Dilwaria; Christine DeFazio-Scott; Mike Fiore Subject: Beaver valley - new development - Concept 1,2 Anamika, MAR 0 9 2018 PLANNING DEVELOPMENT My name is Mark Visentin, I live in Beaver Valley subdivision at 7937 Beaverton Blvd. I missed the meeting yesterday but did attend the 1st meeting. My vote is for CONCEPT 2 - WITHOUT FIRE ACCESS ON BEAVERTON BLVD. - However, if fire access is the only way for concept 2 to move forward then unfortunately that will be fine. I am absolutely opposed to option 1 that would open our subdivision to Kalar and Ascott by adding entrances to the NE and NW area's. For you consideration, one of the main selling points for my decision to buy in Beaver Valley is the subdivision is somewhat isolated, with only one way in/out. This means that traffic is strictly limited to those owners/visitors for our community. Opening the subdivision on the NE and NW corners will make our Subdivision a "thruway" for traffic coming from the North or South. If there is a train on Montrose, you could drive thru Preakness and make your way into Beaver Valley to bypass the train tracks at both Montrose and Beaverdams. This is a troubling thought as an owner with children regarding additional traffic. Additionally, I can confidently state that other residents in my area, weather they have the time to write a similar email or not - Do agree with what I have described above. In closing, truly - OPTION 3 was the best for our communities, but unfortunately described as "off the table" for voting. Although I don't agree or understand why, truly OPTION 3 was the best for all residents in the area. This option shares the burden equally of the new development between the subdivisions to the North, South, East and West. This OPTION 3 is truly the one that would not create a WIN/LOOSE scenario for any residents or the developers and truly should be considered and implemented. Best Regards, Mark Visentin giONSIMIM 1 MAR 0 9 2018 PLANNING VEL.OPMFNT Page 236 of 737 Jm3.32.3mm>_o_,__A.M03 >_mxIm:o<_.8:._<_O=u_m_u_u U:mo8q2_u_m::_:c.wc__%am_um<m_on3m2 92Im__.33Ocmmzm?mm? z_mmm_.m_..m__w.O:~m.._o.Emmxm mm”No:_:©_w<-_m<<>3m:m3m2>_ou__om:o:-9.2_n__mH>_<_-No:-Bo. ._.o“_<:.Im:o<_.8:. _u_mmmmmxomcmEa_m:mqmm:2oo33m3m3Emmam8Noise_.u.<-_m<<>3m:n_3m2 >vn__om:o:-0.23.9>_<_-mo3-So. _ m3mmxic<o:.Em_<_m<o«mam9.209.30:8 am_m<Emm_ov8<m_9.SWm2u__om:o:5:;:msamm23.0:23¢Emzmmumqm_um__m9.2 Oo::o__Qmoamm.8_:o_:mmEmEmm?mm...9.5.2momaAcmmzmms._.:o3_am.8:mmoma mza_wmm<mam3mmemeimamEmSam:UO::Qm_.<. Esqmmmmamw _.:6_:o_<_mEom Page 237 of 737 pautolos6ulWeld _ _ IVSD MAR 0 6 2018To: Director of Planning, Building & Development Department Re: Draft Plan of Subdivision — Beaver Valley Corridor PLANNING DEVELOPMENT 2018/03/04 D We are residents of the Beaver Valley Subdivision and live directly across from the newly proposed development. We live on Brookside drive and have three young children. When we purchased our home, the quiet nature of the neighborhood was a strong attractant for us. We value streets without cars travelling at high rates of speed, and the inability for commuters to use them as short-cuts to busier thoroughfares. We have made our peace with the fact that the land will be used to build more homes; however, we fear that our quiet, family friendly neighborhood will turn into a busy commuter route. We strongly urge you to consider Concept #3. I read that "Staff does not support Concept #3 because it does not comply with Fire Services' and Municipal Work's Division's requirements and does not provide connectivity to the existing subdivisions". I can speak for my family, and all of our neighborhood friends, when I say that we do not want connectivity with the existing subdivisions. We want our neighborhood to stay as close to its current state as possible. As it stands, our children can play street hockey, ride bikes, trick or treat, etc without fear of vehicles transiting our streets a high rate of speed. We want this to remain the case. Opening up the subdivision at both ends (Kalar and Montrose) will encourage vehicle traffic and discourage outdoor play and socializing. Assuming the current configuration of our subdivision is compliant, we do not understand how Concept #3 is non- compliant with Fire and Municipal Works' requirements. The only change to our neighborhood is that houses are added to the North side of Brookside drive. If the non-compliance is from new streets: "Street A", "Street B", or "Street C", then find a way to make those ones compliant without affecting our neighborhood. We also feel that if a number of houses are being added to our subdivision, then there should be an equal improvement to the neighborhood park. The developer is required to give a certain amount of money to the city and it should be used to directly benefit the neighbourhoods it is affecting. Speaking for our neighborhood friends, we would like to see the sand removed and replaced with rubber. We currently avoid the park and go to farther ones because we dislike getting our shoes and clothes full of sand, not to mention the unknown danger of hidden or buried objects. We hope you are keeping the wishes of the residents in mind as you plan this expansion. We want: Concept #3, and the sand removed from the park. Regards, Geoff and Sarah Murdock 8120 Brookside drive Page 238 of 737 Anamika Dilwaria AM— `).-43 — 0 2 2G — ©n1_ From: Bill Bartolini <enersmartniagara@gmail.com> Sent: Friday, March 9, 2018 7:22 AM To: Anamika Dilwaria Subject: Beaver valley Corridor Anamika, Please accept this email as confirmation of my vote for the concept 2. Regards, Bill Bartolini 7938 Brookside dr. 1 MAR 9 9 2039 PLANNING DEV`EL.OPiMENT Page 239 of 737 Anamika Dilwaria From: Alex Herlovitch Sent: Wednesday, January 3, 2018 5:09 PM To: Wayne Thomson; Jim Diodati; CouncilMembers; Ken Todd; mfiore@cogeco.ca Cc: SeniorStaff Subject: RE: Beaver Valley corridor Attachments: image001.png; image002 jpg; image003.png Dear Council members We have been receiving calls about the planned subdivision development of the former Hwy 420 right-of-way from the time the developer first put notice of his plans on his company's website. Our office has made some suggestions for changes to the road layout and will be following up with further comments to the developer. At this point I do not know whether or how the road layout may change. The notice of Open House which Mr. Fiore received was sent out December 22 and invites area residents to attend an open house next Wednesday evening (7 days from now). For those who cannot attend, they are invited to submit written comments. The notice says a formal Public Meeting under the Planning Act with City Council will be scheduled at a later date. So this is not the only opportunity for the area residents to comment. A date for the Council meeting has not yet been set. Our office provides public notice 30 days in advance of a scheduled Council meeting. The developer will be available at the Open House and will hear all the comments first hand. Any written comments, such as those from Mr. Fiore will be shared with the developer. The purpose of the Open House is to allow the developer to modify his plans based on comments received before the application is scheduled for a Public Meeting of Council. There is still a chance the developer will change his plans. Ultimately Council will be asked to make a decision on this subdivision and rezoning application. As I said, the date for the Public Meeting has not yet been set. An appeal to the OMB would only occur after Council has made its decision. Please give me a call or send an email if you have any other questions. sincerely Alex Alex Herlovitch, MCIP, RPP Director of Planning, Building & Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 P: 905-356-7521, ext 4231 aherlovitch@niagarafalls.ca From: Wayne Thomson Sent: Wednesday, January 03, 2018 1:50 PM To: Jim Diodati; CouncilMembers; Ken Todd; Alex Herlovitch; mfiore@cogeco.ca Subject: Fwd: Beaver Valley corridor All; 1 JAN O82018 PLANNING DF_VELOPMENTr Page 240 of 737 The residents in the adjacent Subd. Are very upset that this new Development will have access through a longtime existing Cres. And be very Disruptive to the Lives. Suggested changes have been submitted but rejected by the Developer because he would lose 2 LOTS! Better come in with an alternative Wayne Thomson 905-359-2238 Sent from my iPhone Begin forwarded message: From: "mike Fiore" <mfiore@cogeco.ca> To: "Wayne Thomson" <wthomson@niagarafalls.ca> Subject: Beaver Valley corridor Hello Wayne, Last we spoke was on September 6. You suggested I speak with Mr. Herlovitch. I spoke to him the next day and I thought we had a good conversation about the cons of the Beaver Valley Corridor and how the plan to put a thru street through our circle was unfair and disruptive to the circle and the community. He informed me that the developer, Mr. Dillalla, was presented with an alternative plan where a street would go between ascot circle and citation, instead of ascot to our circle on Brookside. He stated that Mr. Dillala said the plan was "unacceptable". I was happy to see that the city was listening to the residents and made an alternative plan. On the third week of November a public notice board went up on Kalar road with the plan(still going through our circle) and a mail address to write an appeal letter to. It also stated you can call Upper Canada consultants if you had any questions. I spoke to William Heikoop at Upper Canada regarding the development. Mr. Heikoop indicated he was the planning consultant working with the developer. I spoke to him lengthy about it and he offered many insights to me regarding the development. He stated they looked at the alternative plan and the problem with the plan was that the developer would lose two lots. There was nothing wrong with the alternative plan and it does work however the developer did not want to consider it because of the investment viewpoint. Mr. Heikoop reminded me several times that he works on behalf of the developer which for me I suspected that he did not agree with the street going thru our circle. In one point he had told me that residents of Preakness had complained a few years back about the amount of traffic at Preakness and kalar, then a traffic light was put in order to facilitate the traffic. I explained to Mr. Heikoop that opening up Beaver valley residents(102 homes) and 87 new lots to access Montrose thru Preakness would only add traffic and delays to this intersection and also in development are over 100 units of new Smart Homes being developed by Pinewood homes on Ascott circle that will also add to the traffic. He stated that a traffic study would not be done to address this. He then stated that he believes this plan offers flexibility to the community and did say that the current residents on the circle would not be in favor of this plan. He couldn't explain how but just pitched the statement that its best for the whole community as a whole, which to me sounded like a slogan that if you say it enough people may believe it. Well anyone I've spoken to doesn't believe this is beneficial in anyway connecting two subdivisions at the end of each subdivision for that matter. Its only practical for the developer for his deep pockets to get deeper. He doesn't live here nor will he care what's happens in a few years when residents are complaining about this development when its too late. Thru a planning aspect the connection at the circle is unorthodox and nothing that I have ever seen before. It would be the first of its kind, a zig zag street going though an established crescent at the benefit of one person. Its 2018 and you would thing we be making better planning decision than that instead we are looking at a laughable Mickey mouse plan that in my view would be very embarrassing to the city of Niagara Falls. 2 Page 241 of 737 I received my notice of application and open house in the mail last week for a meeting on January 10, 2018 at 5:OOpm. It states that if you wish to appeal this matter than you must write a letter prior to the open house meeting to the Director of Planning and submit it through mail. Well, it's the holiday season, people have received two weeks' notice regarding this open house, you need to mail out a letter(no one mails out letters why not email?), and we are experiencing a frigid winter which keeps most people indoors. I went on the city website in hopes of finding this meeting and there is no mention of it, nor in any kind of social media. If we want the community to engage in matters than we need to provide a better outlet for them to know about whats happening in our city. It looks like to me the Planning department is just meeting their obligation under the Planning Act and giving minimal notice. I was walking the dog yesterday and spoke to a neighbor on ascot circle 3 house away from the new entrance on ascot and he stated he knew nothing about the development and did not receive any notice from the city, nor did he see the sign on Kalar road as he stated he never goes down that way. I spoke to Anemeeka regarding this open house. After having her carefully look a the plan and the communities around it I believe she realized that traffic from beaver valley will be flowing thru our crescent to get to Montrose. Also I showed her that over time people from outside of Beaver Valley from the south end behind Americana resort will possibly use this access as a shortcut to get to Shoppers Drug Mart. She then went on to tell me that she has received calls from other neighbors regarding this and that traffic was not exactly content with the plan. She stated that there are two attempts at stopping this, the open house and counsel meeting. She then went on to tell me at counsel meeting that if there wasn't a problem with safety or connectivity in the plan then it would go through. Mr. Thompson I want to thank you for listening on this matter and hope for your further support on this matter and it truly means the world to my family and the people in our circle. If you wish to discuss this further I can be reached on my cell at 905-964-2520 Thank you, Mike Fiore 7952 Brookside Drive 3 Page 242 of 737 Gwen Donofrio mss Planning m167 S From: Don Davidson <don.davidson@outlook.com> Sent: Friday, January 05, 2018 1:05 PM To: Wayne Campbell; Kim Craitor; Carolynn Ioannoni; Vince Kerrio; Joyce Morocco; Victor Pietrangelo; Mike Strange; Wayne Thomson Fallview Account; Gwen Donofrio Subject: Draft Plan of the Beaver Valley Extension Sub -division Good day all — I am writing you to voice a concern about the proposed development plan for the Beaver Valley Extension sub -division. I currently reside at 8031 Beaverton Boulevard in the Beaver Valley subdivision - right across from the park. My concern revolves around the increased traffic which would pass through our sub -division if the proposed plan is implemented. The proposed plan has a road connecting between the 2 sub -divisions (Beaver Valley & Beaver Valley Extension) which would act as perfect short-cut from Beaverdams for those living in the new sub -division and beyond thereby increasing traffic flow through Beaver Valley sub -division. For instance it would be short cut to get Shopper's Drug Mart. This short cut would pass directly by the existing park in Beaver Valley. I can tell you from personal experience there has been too many close calls between kids and cars on this road with the traffic level as it is today. There is an alternative plan which does not have a connecting road between the 2 sub -divisions which would eliminate any hazard from increased traffic flow. For the sake of kids' safety please only approve the alternate plan which has no connecting road between the 2 subdivisions. Yours truly Donald Davidson. 1 JAN - 5 2018 PNP n, 1Nc 8: DE VFLLANO ENT Page 243 of 737 Sunday, January 7/ 2018 Dear Sirs/ Madame's; Pertaining to said Beaver Valley Corridor/ Brookside Drive proposed court turned into very strange intersection onto left to right in either direction (zig zag corner?) to new proposed street yet to be named once approved; here is my concern for long term safety of all current and future residence of our current quiet neighbourhood. It certainly puzzle me as proposal may find us with future safety issues by this type of migration of influx of traffic from not only area residence as well as other vehicles adding to a lot of short cut by passing from Kalar to Montrose. The big picture certainly needs to be revisited since this type of unorthodox traffic intersection may and will certainly create issues with not only residing constituent's but as well as future and new residences and their families and loved ones/ visiting friends. For one once said new neighbourhood is complete under current proposal we see issues pertaining to traffic at new said intersection, parking with new families visiting, snow removal, migrating into said properties as well as into street traffic at intersection from said properties, safety to pedestrians, children playing near said proposed intersection, delivery of furniture in transport trucks to new homes, as well as everyone's family members/pets as they venture about near said proposed intersection. Is anyone responsible/liable once such a proposal is approved if anyone befalls to any type of injury to body, property at such a strange intersection? Do we only consider the bottom line to said development on behalf of big business/revenue or do we consider prudent managerial responsibility to final action on behalf current residence as well as future residence who do not have at the moment anyone to stand and speak on their behalf of them as well as their loved ones? Should we also consider other viable alternatives to design when financial end criteria's have to be responsibly addressed for all parties? (Developer, city, and residences.) How can we be heard even though we care for our neighbourhood and for each other as safety does need to be addressed at such a proposed intersection? I truly am concerned since our home at 7986 Brookside Drive is at the very edge entrance to this current court circle and since I have been a fulltime caregiver/father 7 days a week,24 hrs a day, 365 days a year, for my disabled/ill wife for many years and I rely on the support of CCAC, PSW'S ,crisis nursing, ambulance and fire paramedics on a regular basis, who once dispatched tie up our street with their emergency vehicles that will also put a strain on the safe migration of the influx of traffic at this very said proposed intersection. Do I not have enough to worry about now with our current situation at home but now need to worry on how to migrate safely out of our own property during emergency situations which happen a lot in our home? So I truly am and will stand fast along with my current/future neighbours in disagreeing at having such a proposed intersection at and into a court at Brookside since I also foresee how fast traffic will be moving from the other end of Brookside to said court/intersection? This is certainly a stalemate for us all who are at a crossroad of certain defiance as no one is a winner in this type of propose situation, and I certainly hope for everyone's concern that we can all come to an amicable and responsible managerial resolve, as I sit in church and remind myself about Father Paul's Sunday messages. Page 244 of 737 Rick Rochon 7986 Brookside Drive, Niagara Falls, Ontario, L2H3M5 289-686-4557 rgrmechtech@gmail.com Page 245 of 737 1 PLANNING Di_vFLQPUJF..N k --- R C JAN D8n18 Dear Sirs/ Madame's; JO. running FIJe: Sunday, January 7/ 2018 Pertaining to said Beaver Valley Corridor/ Brookside Drive proposed court turned into very strange intersection onto left to right in either direction (zig zag corner?) to new proposed street yet to be named once approved; here is my concern for long term safety of all current and future residence of our current quiet neighbourhood. It certainly puzzle me as proposal may find us with future safety issues by this type of migration of influx of traffic from not only area residence as well as other vehicles adding to a lot of short cut by passing from Kalar to Montrose. The big picture certainly needs to be revisited since this type of unorthodox traffic intersection may and will certainly create issues with not only residing constituent's but as well as future and new residences and their families and loved ones/ visiting friends. For one once said new neighbourhood is complete under current proposal we see issues pertaining to traffic at new said intersection, parking with new families visiting, snow removal, migrating into said properties as well as into street traffic at intersection from said properties, safety to pedestrians, children playing near said proposed intersection, delivery of furniture in transport trucks to new homes, as well as everyone's family members/pets as they venture about near said proposed intersection. Is anyone responsible/liable once such a proposal is approved if anyone befalls to any type of injury to body, property at such a strange intersection? Do we only consider the bottom line to said development on behalf of big business/revenue or do we consider prudent managerial responsibility to final action on behalf current residence as well as future residence who do not have at the moment anyone to stand and speak on their behalf of them as well as their loved ones? Should we also consider other viable alternatives to design when financial end criteria's have to be responsibly addressed for all parties? (Developer, city, and residences.) How can we be heard even though we care for our neighbourhood and for each other as safety does need to be addressed at such a proposed intersection? I truly am concerned since our home at 7986 Brookside Drive is at the very edge entrance to this current court circle and since I have been a fulltime caregiver/father 7 days a week,24 hrs a day, 365 days a year, for my disabled/ill wife for many years and I rely on the support of CCAC, PSW'S ,crisis nursing, ambulance and fire paramedics on a regular basis, who once dispatched tie up our street with their emergency vehicles that will also put a strain on the safe migration of the influx of traffic at this very said proposed intersection. Do I not have enough to worry about now with our current situation at home but now need to worry on how to migrate safely out of our own property during emergency situations which happen a lot in our home? So I truly am and will stand fast along with my current/future neighbours in disagreeing at having such a proposed intersection at and into a court at Brookside since I also foresee how fast traffic will be moving from the other end of Brookside to said court/intersection? This is certainly a stalemate for us all who are at a crossroad of certain defiance as no one is a winner in this type of propose situation, and I certainly hope for everyone's concern that we can all come to an amicable and responsible managerial resolve, as I sit in church and remind myself about Father Paul's Sunday messages. Page 246 of 737 Rick Rochon 7986 Brookside Drive, Niagara Falls, Ontario, L2H3M5 289-686-4557 rgrmechtech@gmail.com Page 247 of 737 1 PLANNING Di_vFLQPUJF..N k --- R C JAN D8n18 Dear Sirs/ Madame's; JO. running FIJe: Sunday, January 7/ 2018 Pertaining to said Beaver Valley Corridor/ Brookside Drive proposed court turned into very strange intersection onto left to right in either direction (zig zag corner?) to new proposed street yet to be named once approved; here is my concern for long term safety of all current and future residence of our current quiet neighbourhood. It certainly puzzle me as proposal may find us with future safety issues by this type of migration of influx of traffic from not only area residence as well as other vehicles adding to a lot of short cut by passing from Kalar to Montrose. The big picture certainly needs to be revisited since this type of unorthodox traffic intersection may and will certainly create issues with not only residing constituent's but as well as future and new residences and their families and loved ones/ visiting friends. For one once said new neighbourhood is complete under current proposal we see issues pertaining to traffic at new said intersection, parking with new families visiting, snow removal, migrating into said properties as well as into street traffic at intersection from said properties, safety to pedestrians, children playing near said proposed intersection, delivery of furniture in transport trucks to new homes, as well as everyone's family members/pets as they venture about near said proposed intersection. Is anyone responsible/liable once such a proposal is approved if anyone befalls to any type of injury to body, property at such a strange intersection? Do we only consider the bottom line to said development on behalf of big business/revenue or do we consider prudent managerial responsibility to final action on behalf current residence as well as future residence who do not have at the moment anyone to stand and speak on their behalf of them as well as their loved ones? Should we also consider other viable alternatives to design when financial end criteria's have to be responsibly addressed for all parties? (Developer, city, and residences.) How can we be heard even though we care for our neighbourhood and for each other as safety does need to be addressed at such a proposed intersection? I truly am concerned since our home at 7986 Brookside Drive is at the very edge entrance to this current court circle and since I have been a fulltime caregiver/father 7 days a week,24 hrs a day, 365 days a year, for my disabled/ill wife for many years and I rely on the support of CCAC, PSW'S ,crisis nursing, ambulance and fire paramedics on a regular basis, who once dispatched tie up our street with their emergency vehicles that will also put a strain on the safe migration of the influx of traffic at this very said proposed intersection. Do I not have enough to worry about now with our current situation at home but now need to worry on how to migrate safely out of our own property during emergency situations which happen a lot in our home? So I truly am and will stand fast along with my current/future neighbours in disagreeing at having such a proposed intersection at and into a court at Brookside since I also foresee how fast traffic will be moving from the other end of Brookside to said court/intersection? This is certainly a stalemate for us all who are at a crossroad of certain defiance as no one is a winner in this type of propose situation, and I certainly hope for everyone's concern that we can all come to an amicable and responsible managerial resolve, as I sit in church and remind myself about Father Paul's Sunday messages. Page 248 of 737 Rick Rochon 7986 Brookside Drive, Niagara Falls, Ontario, L2H3M5 289-686-4557 rgrmechtech@gmail.com Page 249 of 737 Zoning By-law Amendment & Draft Plan of Subdivision Beaver Valley Corridor Page 250 of 737 Beaver Valley Corridor Urban Boundary Former Hwy 420 Extension Former Church Page 251 of 737 Zoning By-law Amendment All Lands Currently Development Holding Zone Proposed Zoning: Part 1: Residential 1E (R1E) Part 2: Environmental Protection Area (EPA) Part 1 Part 2 Page 252 of 737 Draft Plan of Subdivision Noise & Vibration Study Geotechnical Report Archeological Assessment Traffic Study Environmental Site Assessment -Phase 1&2 Functional Servicing / SWM report Page 253 of 737 Beaver Valley Corridor ExistingProposed Proposed Grading Interface •Rear yard swales to convey ground water •Proposed STM sewer’s and Expanded SWM FacilityPage 254 of 737 Beaver Valley Corridor Pedestrian Connections •Block 91 –3.0m Walkway (Connects Street A, Citation, Brookside) •Street B -3.4m Walkway (Beaverton Blvd.Page 255 of 737 Beaver Valley Corridor Traffic: •Study completed by Paradigm Transportation Solutions Ltd. •All Forecasted Daily Traffic Volumes fall under the TAC (Transportation Association of Canada) requirement for local roads. •Road designs have been analyzed and meet the Geometric Design Guide from TAC Page 256 of 737 Beaver Valley Corridor High Quality Building Materials High Quality Architectural Design Page 257 of 737 Beaver Valley Corridor Page 258 of 737 PBD-2019-14 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-14 AM-2018-016, 26CD-11-2018-008 Zoning By-law Amendment and a Draft Plan of Vacant Land Condominium Vacant Parcel between 2294 and 2472 Thompson Road Applicant: Hunain Siddiqui RECOMMENDATIONS 1. That Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Low Density, Grouped Multiple Dwellings (R4), to permit 53 townhouse dwelling units and a semi-detached dwelling on the subject lands; 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY Hunain Siddiqui has requested a zoning by-law amendment for a vacant parcel of land located between 2294 and 2472 Thompson Road. The lands are requested to be rezoned from the Residential 1E Density (R1E) zone to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, to allow the development of 53 townhouse dwelling units and a semi- detached dwelling. The site specific regulations requested for the R4 zone include adding a semi-detached dwelling to the list of permitted uses and reducing the minimum lot area per dwelling unit and minimum rear yard depth. Hunain Siddiqui is also proposing to develop the 1.36 ha site as a Plan of Vacant Land Condominium. Registering a Plan of Condominium on the lands will allow the individual ownership of the dwelling units, with the private road and visitor parking area in common ownership. Page 259 of 737 2 PBD-2019-14 April 9, 2019 Planning staff recommend the applications for the following reasons:  The development complies with Provincial policies with respect to achieving intensification within the Built-Up Area;  The development complies with the Regional Official Plan (ROP), with respect to promoting higher density development in Urban Areas and supporting growth that contributes to the overall goal of providing a sufficient supply of housing that is suited to the needs of a variety of households and income groups in Niagara;  The proposal will contribute to the City’s annual residential intensification target of 40% as outlined in the ROP;  The lands are designated Residential in the City’s Official Plan. The predominant use of land in areas designated Residential is to be for dwelling units of all types catering to a wide range of households;  The Official Plan allows development with a net density between 20 units per hectare and 40 units per hectare on local roads. The proposal provides a net density of 40 units per hectare. As such the proposal is in compliance with the intent of the Official Plan;  The requested zoning will provide appropriate regulations for the development;  The existing infrastructure can support the proposed development;  The condominium will assist in providing housing choices and will contribute to the City’s required short term housing supply (3 years); and The conditions of draft plan approval, which address servicing, parkland dedication, fencing, utility installation, and all other matters related to the development of the vacant land condominium, are listed in Appendix A. BACKGROUND Proposal Hunain Siddiqui has requested a Zoning By-law amendment for a vacant parcel of land located between 2294 and 2472 Thompson Road, located on the south side of Thompson Road (Schedule 1). The lands are currently zoned the Residential 1E Density (R1E) zone, in accordance with the Zoning By-law No. 79-200. The applicant is requesting the lands to be rezoned to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, to allow the 55 unit residential development. Page 260 of 737 3 PBD-2019-14 April 9, 2019 The site specific regulations requested for the R4 zone include adding a semi-detached dwelling to the list of permitted uses and reducing the minimum lot area per dwelling unit and minimum rear yard depth. Hunain Siddiqui is proposing to develop the lands as a Plan of Vacant Land Condominium. The condominium will divide the subject lands into 55 units of lands to be sold individually. The private road and visitor parking area will be held in common ownership. Schedule 3 shows the proposed unit layout with a common private road, visitor parking area. Site Conditions and Surrounding Land Uses The subject lands are generally flat and are currently vacant. Detached dwellings are located to the north-east and west of the property. The lands to the south are owned by Ontario Power Generation (OPG) and contain transmission lines. Circulation Comments  Regional Municipality of Niagara (the Region) - The lands are located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under the 2017 Places to Grow Plan for the Greater Golden Horseshoe. The PPS directs growth to settlement areas and encourages an efficient use of land, resources, infrastructure, and public service facilities that are planned or available. - The subject lands are designated Urban Area in the Regional Official Plan (ROP). A full range of residential, commercial and industrial uses are generally permitted within the Urban Area designation, subject to the availability of adequate municipal services and infrastructure. The ROP promotes higher density development in Urban Areas. The proposal will contribute to the City’s annual residential intensification target of 40%, as set by the ROP.  A report titled “2294 Thompson Road Residential Development, Niagara Falls, Ontario, Acoustical Report” (the Noise Study), prepared by IBI Group (dated June 2018) determined that sound levels from Thompson Road, Portage Road and Stanley Avenue, as well as the stationary noise levels fall within acceptable MECP guideline limits; therefore, no additional mitigation is required. Additionally, the Noise Study determined that daytime rail noise are within the acceptable MECP guideline limits; however, nighttime limits are within the range of 50dBA to 55dBA, therefore a provision for air conditioning and warning clauses is required (see Appendix A). Moreover, at the final design stage, and once all building concepts have been finalized, an Acoustical review should be completed to verify the assumptions of the completed Noise Study and determine if an update to the study is required. A condition has been included in Appendix A. Page 261 of 737 4 PBD-2019-14 April 9, 2019  A “Stage 1 and 2 Archaeological Property Assessment”, prepared by AMICK Consultants Limited (May 23, 2018) was submitted with the applications. The Stage 1-2 Assessment determined that no archaeological resources were encountered; therefore, no further archaeological assessment is required. A condition requiring an archaeological warning clause is included in Appendix A.  Staff has reviewed the ‘Functional Servicing Report – 2294 Thompson Road, Niagara Falls’ prepared by the IBI Group (June 2018). A condition regarding stormwater management has been included in Appendix A. - Condominium townhouse developments are able to receive internal curbside waste collection through the Region. The Regional Corporate Waste Collection Policy outlines that collection vehicles are not to reverse a distance greater than 15 meters. Therefore, for the townhouse blocks to be eligible for Regional curbside collection, waste collection pads are required for Block 3, Block 4, the two western units of Block 6, the four southern units of Block 7, Block 8 and Block 9. A condition regarding Regional waste collection is included in Appendix A.  Municipal Works, Transportation Services, Parks Design, Fire Services, Enbridge Gas and Canada Post  No objections. Requested conditions are included in Appendix A. Neighbourhood Open House A neighbourhood open house was held on November 9, 2018 to introduce the proposal to area property owners. The plan shared with the residents included a 59 unit townhouse development. The open house was attended by 18 area property owners. Residents Concerns The resident’s concerns are summarized as follows:  The residents mentioned that they would like the site to be developed as single family homes rather than as a townhouse development and that the proposed townhouse development is not compatible with the existing detached dwellings in area.  The proposed development represents an over development of the site.  The traffic generated by the proposed development.  The existing Stop sign installed at Thompson Road and an All Way Stop sign at Stanley Avenue and Portage Road intersection is ineffective.  No sidewalks on Thompson Road and the area residents have to walk on the road which is unsafe.  The size of the proposed dwellings and their impact on the value of their homes. Page 262 of 737 5 PBD-2019-14 April 9, 2019  Proximity of the parking to their houses (2472 and 2498 Thompson Road). At the meeting it was agreed that Staff would work with the applicant to redesign the site to alleviate the resident’s concerns. The plan was revised to reduce the number of townhouse units. Resolution of Concerns by Staff and Applicant The concerns of staff and area residents have been addressed by the following:  The project has been reduced from 59 to 55 dwelling units.  The Region has reported that the intersection of Stanley Avenue and Portage Road is proposed to be signalized in 2019, pending the capital budget approval.  The City’s Transportation Services reported that Thompson Road is a local road that can handle 1,000 cars daily. The proposed development is not expected to reduce the level of service.  Sidewalks are generally not provided in the areas that experience only local traffic. It is not practical to construct sidewalks in front of the proposed development because none exists in the area.  A generous landscaping buffer 10.68 metres in width has been provided between the parking area and 2474 Thompson Road and parking spaces have been removed from behind the dwelling known as 2498 Thompson Road. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to comply with Provincial policies. These policies direct municipalities to facilitate residential intensification by directing 40% of all residential development to Built-up Areas. The proposed development will assist in meeting these targets and is a form of residential intensification promoted by the Province. 2. Official Plan The subject lands are designated Residential, in the Official Plan. The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households. The proposed townhouse development would provide an alternative housing choice in the neighbourhood. Page 263 of 737 6 PBD-2019-14 April 9, 2019 The Plan encourages net density between 20 to 40 units per hectare along local roads. The proposal provides a density of 40 units per hectare. As such, the proposal complies with the intent of the Official Plan. 3. Zoning By-law The subject lands are currently zoned Residential 1E Density (R1E) zone which permit detached dwellings, in accordance with the Zoning By-law No. 79-200. The applicant is requesting the lands to be rezoned to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, because it permits townhouses. The changes to the standard R4 regulations are summarized in the following table: ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS Permitted Uses Townhouse dwelling, apartment dwelling and group dwelling Townhouse dwelling and a Semi-detached dwelling Minimum lot area for a townhouse dwelling 250 square metres for each dwelling unit 248 square metres square metres for each dwelling unit Minimum rear yard depth 7.5 metres 3.3 metres The requested regulations can be supported for the following reasons: - The applicant is proposing a semi-detached dwelling at the southwest portion of the subject lands to make an optimal utilization of the available land within the development. - The reduced lot area per dwelling accommodates a more compact built-form which is becoming more common in the City and provides for a more efficient use of land. - The reduction to the rear yard in requested only along the south property line for Block 7. Though the yard between the sidewall of Block 7 and rear lot line is defined as rear yard from the zoning by-law perspective, however it functions as an interior side yard rather than the rear yard. Typically a two storey dwelling requires an interior side yard of 1.2 metres and a setback of 3.32 m exceeds that standard. 4. Condominium Design and Conditions of Approval The plan of condominium will accommodate the intended division of the land into vacant units of land that can be owned separately. The plan will facilitate the sale of the townhome dwelling units to be built on them. The plan includes a private common road off Thompson Road and several parking areas. The scale and height of the proposed dwellings will be compatible with the surrounding detached dwellings. Page 264 of 737 7 PBD-2019-14 April 9, 2019 The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works and warning clauses. Land that is developed as a vacant land condominium is not made subject to Site Plan Control because development matters (i.e. site servicing/grading, landscaping, lighting, fencing, and waste disposal) are all addressed in the condominium agreement. Appendix A includes the recommended conditions of approval including the review of drainage and storm servicing by the Region and, parkland dedication and installation of the necessary facilities and services for Canada Post and Enbridge. 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 condominium complies with the City’s Official Plan. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Site Plan  Schedule 3 – Draft Plan of Vacant Land Condominium  Appendix A – Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2019\PBD-2019-14, 26CD-11-2018-008 & AM-2018-016, Vacant Parcel East of 2294 Thompson Road.docx Page 265 of 737 8 PBD-2019-14 April 9, 2019 SCHEDULE 1 Page 266 of 737 9 PBD-2019-14 April 9, 2019 SCHEDULE 2 Page 267 of 737 10 PBD-2019-14 April 9, 2019 SCHEDULE 3 Page 268 of 737 11 PBD-2019-14 April 9, 2019 APPENDIX A Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by IBI Group, dated February 26, 2019, showing 55 units of vacant land for dwelling units as well as a common private road and parking areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including, but not limited to site elevation and landscaping drawings, to confirm zoning compliance. 3. The developer provide five 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. 4. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, relate d to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 5. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. The developer provide a landscape plan, prepared and stamped by a Landscape Architect (OALA). 7. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. 8. The developer design and construct the roadways within the Vacant Land in accordance with City standards. 9. The developer ensure that the existing municipal infrastructure will adequately service the development as proposed. 10. The developer design and construct all underground services within the subject lands in accordance with City standards. 11. The developer confirm an appropriate storm sewer outlet and obtain all applicable permits. Page 269 of 737 12 PBD-2019-14 April 9, 2019 12. The developer design and construct all the sidewalks within the Vacant Land Condominium in accordance with City standards. 13. The developer prepare a lot grading plan which is designed and constructed in accordance with City standards. 14. The developer pay the applicable Development Charges in place and prior to the release of the Building Permits for the proposed 55 dwelling units in accordance with the By-law No. 2017-87, as amended. 15. The developer submit a Lighting Plan prepared by a Professional Engineer licensed in Ontario. Design to be independently powered and metered. T he photometric plan must demonstrate zero impact on the neighbouring property. 16. The developer provide to the City all proposed site servicing and grading plan s for the subject property to Municipal Works for review and approval prior to the start of construction. 17. The developer pay to the City the required fees for the administration as per the above. 18. The developer’s engineering consultants provide written acceptance that the works completed conform with the City’s Accepted Drawings and is in accordance with the NPSCD and City’s construction specification. 19. 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 road. 20. The developer install an automatic sprinkler system in all residential units, due to lack of a secondary emergency access. 21. The developer agrees in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with the existing Bell Canada facilities or easement, the developer shall be responsible for the relocation of such facilities or easements. 22. The developer is hereby advised that prior to commencing any work, the developer must confirm that sufficient wire-line communication/telecommunication Page 270 of 737 13 PBD-2019-14 April 9, 2019 infrastructure is available. In the event that such infrastructure is unavailable, the Developer shall be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. 23. If the developer elects not to pay for the connection in condition 22, then the developer will be required to demonstrate to the satisfaction of the Municipality that sufficient alternative communication/telecommunication will be provided to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services). 24. 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 providing cross section and field survey information, and service and meter installation details. 25. That a Community Mail Box (CMB) be located on the site in a location determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 26. 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 notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any sales. 27. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, installation and providing mail service information to property owners. 28. The developer install a concrete pad in accordance with the requirement of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes. 29. That the condominium agreement between the owner and the City contain provisions whereby the owner agrees to implement the recommendations of the Noise Study titled “2294 Thompson Road Residential Development, Niagara Falls, Ontario, Acoustical Report”, prepared by IBI Group (dated June 2018). 30. At the final design stage of development, and once the building concepts have been finalized, an Acoustical review shall be completed to verify th e assumptions of the “2294 Thompson Road Residential Development, Niagara Falls, Ontario, Acoustical Page 271 of 737 14 PBD-2019-14 April 9, 2019 Report”, prepared by IBI Group (dated June 2018) to determine if an update to the Study and recommendations is required. 31. Due to expected noise levels from the Canadian National Railway, all units are to have forced air heating with a provision for air conditioning and associated warning clause. The condominium agreement shall include the following warning clause, as well as all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for designated units: “This dwelling unit has been designed with the provision for adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment 32. The following clauses be included in the condominium agreement: (a) Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting archaeological resources must cease immediately , notify the Archaeological Program Unit of the Ontario Ministry of Tourism, Culture and Sport (416-212-8886) and a licence archeologist (Detritus Consulting Ltd.) is required to carry out an archaeological assessment in accordance with Ontario Heritage Act and the standards and Guidelines for Consultant Archaeologists. (b) In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as Cemeteries’ Regulation Unit of the Ministry of Government and Consumer Services in Toronto (416-326-8800) must be contacted. In a situation where human remains are associated with archeological resources, MTCS should also be notified to ensure the site is not subject to unlicensed alteration which wou ld be a contravention of the Ontario Heritage Act. 33. That prior to approval of the final plan or any on-site grading, the owner shall submit a detailed stormwater management plan 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 for review and approval: - Detailed lot grading, servicing and drainage plans, noting both existing and proposed grading and the means whereby overland flows will be accommodated across the site; Page 272 of 737 15 PBD-2019-14 April 9, 2019 - Detailed erosion and sedimentation control plans; and - Detailed phasing of construction of the stormwater management facility to coincide with phasing of development of residential lands (internal and external to the subdivision) planned to be serviced by the stormwater management facility. 34. That the condominium agreement between the owner and the City contain provisions whereby the owner agrees to implement the approved plan(s) required in accordance with conditions 32 and 33. 35. That in order to accommodate Regional Waste Collection service, waste collection pads are required to be provided by the applicant for Block 3, Block 4, the three western units of Block 5, the four southern units of Block 7, Block 8 and Block 9. The waste collection pads shall be in accordance to the details outlined in Niagara Region’s Corporate Policy for Waste Collection. 36. That the following warning clause shall be included in the Condominium Agreement and inserted in all Agreements of Purchase and Sale or Lease for Block 3, Block 4, the three western units of Block 5, the four southern units of Block 7, Block 8 and Block 9: Purchasers/Tenants are advised that due to the site layout, garbage/recycling pick-up for their unit will be required to bring their waste/recycling containers to collection pads. 37. That the applicant submits waste collection truck turning templates to Niagara Region for review and approval 38. That the developer ensure that all streets and development blocks can provide access in accordance with the Regional Municipality of Niagara Corporate Policy for Waste Collection, and by-laws relating to the curbside collection of waste. 39. That the developer provides a written acknowledgement to Niagara Region Planning and Development Services Department stating that draft approval of this condominium does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the owner. 40. The developer submit a written undertaking to Niagara Region agreeing that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that a servicing allocation for this development will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement. Page 273 of 737 16 PBD-2019-14 April 9, 2019 41. 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. 42. Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clause pertaining to this condition has been included. A copy of the executed agreement shall also be provided prior to registration. Note: The Planning and Development Services Department recommends that a copy of the draft agreement also be provided in order to allow the incorporation of any necessary revisions prior to execution. 43. In order to request clearance of the above noted Regional conditions. A letter outlining how the conditions have been satisfied, together with all the studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft condominium agreement shall be submitted to the Niagara Region by the applicant as one complete package or circulated to the Niagara Region by the City of Niagara Falls. 44. That the developer obtain a Work Permit from the Niagara Peninsula Conservation prior to beginning any work related to grading and paving the parking lot with the 100 year flood plain. 45. That the developer submit to the Niagara Peninsula Conservation Authority for review and approval, detailed grading and construction sediment and erosion control plans. 46. That the conditions 37 and 38 be incorporated in the Condominium Agreement between the developer and the City to the satisfaction of Niagara Peninsula Conservation Authority. The City shall circulate the Draft Condominium Agreement to the Niagara Peninsula Conservation Authority for its review and approval Authority developer 47. Purchasers must be aware that Ontario Power Generation’s reservoir associated with the Sir Adam Deck Generating Station is directly north of this residential development and that, from time to time, the reservoir may be subject to construction and maintenance activities. 48. Purchasers must be aware that Ontario Power Generation’s Service Centre lies to the south of this residential development and that from time to time, the Service Centre may affect future residents from a noise prespective. Page 274 of 737 17 PBD-2019-14 April 9, 2019 Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1-3 (inclusive) - Legal Services for Condition 4 and 5 - Parks Design for Conditions 6 & 7 - Municipal Works Department for Conditions 8-18 (inclusive) - Fire Services for Conditions 19 and 20 - Bell Canada for Condition 21-23 (inclusive) - Enbridge Gas for Condition 24 - Canada Post for Conditions 25-28 (inclusive) - Regional Niagara Public Works Department for Conditions 29-43 (inclusive) - Niagara Peninsula Conservation Authority for Conditions 44-46 (inclusive) - Ontario Power Generation for Conditions 47 and 48 Page 275 of 737 Re: Zoning By-law Amendment Application — AM- 2018-016 Vacant Parcel Between 2294 and 2472 Thompson Road (Roll No.:2725-100-001-08303) Draft Plan of Vacant Land Condominium —City File: 26CD-11-2018-008 Zoning By-law Amendment Application —City File: AM -2018-016 To the Director of Planning, City of Niagara Falls, I object to the proposed by-law change to allow a townhouse dwelling project of 55 units for the following reasons. 1. Negative traffic impact of 55 additional households in the area. Currently, there are 65 households on Thompson Road and the section of Portage Road that will be immediately affected by this townhouse project. The additional 55 households with only 1 access in and out off Thompson Road can affect traffic flows and road safety for the residents in the area. The access to this townhouse would be very close to where Thompson Road and Portage Road merge. This location is sometimes difficult to navigate as it is hard to see the traffic approaching from Portage Road towards Stanley Avenue because of the angle that the streets intersect. Occasionally, cars are parked along both streets and this narrows the roads even further. I believe additional traffic in this small area would create road hazards. Many residents enjoy walking around this neighbourhood. The safety of pedestrians as well as motorists are one of my major concerns. 1 N A p D tTV 1J, '_r4r E j MCC S l D (Z -v A2C_% FOR PEFO -STR IW5 Additionally, I assume the length of time that is required for the construction of this project would be substantial. The traffic and noise created by large construction trucks in and out of this area would create a significant disturbance in our neighbourhood. I believe there is a discussion to install a traffic light atthe intersection of Stanley and Portage, however, this might contribute to further congestion on our local streets as there is not much length between the intersection and the townhouse entrance. If any traffic studies were conducted, I would like to have an opportunity to review them. Page 276 of 737 2. This project does not conform with the rest of the residential dwellings in the area. Currently, the homes in this area are mostly single family detached homes with generous lot sizes. Introduction of the 55 -unit townhouse project in a relatively small land will dramatically change the local atmosphere and diminish the enjoyment for residents. It would be more acceptable if the land is used to conform with the current zoning requirement, such as a subdivision of single-family dwellings, similar to Jessie Court and Morning Glory Court. 3. Many residents in the area were not informed nor invited to the initial proposal of the project. Many of the home owners in our neighbourhood were left out at the initial proposal of the plan as only homes that are located within 120m distance from the subject property were directly informed of the project proposal. Since our area has larger lot sizes, 120m distance requirement only covered a few residents, even though this project affects the other local home owners significantly as we have only one accessible road to our neighbourhood. I understand that no by-laws nor the regulations were broken not to inform other residents in the area. However, due to the fact that we live in such a low-density area, I wish additional consideration was made to inform others who should have been included in the previous discussions. request that notice of decision and other pertinent information to be provided to me at the contact information below. Sincerely, GvN(UP { 1 F O Page 277 of 737 Planning 5cvnnetlFlls; I Re: Zoning By-law Amendment Application — AM- 2018-016 Vacant Parcel Between 2294 and 2472 Thompson Road (Roll No.:2725-100-001-08303) Draft Plan of Vacant Land Condominium—City File: 26CD-11-2018-008 Zoning By-law Amendment Application —City File: AM -2018-016 To the Director of Planning, City of Niagara Falls, I object to the proposed by-law change to allow a townhouse dwelling project of 55 units for the following reasons. 1. Negative traffic impact of 55 additional households in the area. Currently, there are 65 households on Thompson Road and the section of Portage Road that will be immediately affected by this townhouse project. The additional 55 households with only 1 access in and out off Thompson Road can. affect traffic flows and road safety for the residents in the area. The access to this townhouse would be very close to where Thompson Road and Portage Road merge. This location is sometimes difficult to navigate as it is hard to see the traffic approaching from Portage Road towards Stanley Avenue because of the angle that the streets intersect. Occasionally, cars are parked along both streets and this narrows the roads even further. I believe additional traffic in this small area would create road hazards. Many residents enjoy walking around this neighbourhood. The safety of pedestrians as well as motorists are one of my major concerns. Additionally, I assume the length of time that is required for the construction of this project would be substantial. The traffic and noise created by large construction trucks in and out of this area would create a significant disturbance in our neighbourhood., I believe there is a discussion to install a traffic light at the intersection of Stanley and Portage, however, this might contribute to further congestion on our local streets as there is not much length between the intersection and the townhouse entrance. If any traffic studies were conducted, I would like to have an opportunity to review them. CEIVI ate APR 0 2 2019 Page 278 of 737 2. This project does not conform with the rest of the residential dwellings in the area. Currently, the homes in this area are mostly single family detached homes with generous lot sizes. Introduction of the 55 -unit townhouse project in a relatively small land will dramatically change the local atmosphere and diminish the enjoyment for residents. It would be more acceptable if the land is used to conform with the current zoning requirement, such as a subdivision of single-family dwellings, similar to Jessie Court and Morning Glory Court. 3. Many residents in the area were not informed nor invited to the initial proposal of the project. Many of the home owners in our neighbourhood were left out at the initial proposal of the plan as only homes that are located within 120m distance from the subject property were directly informed of the project proposal. Since our area has larger lot sizes, 120m distance requirement only covered a few residents, even though this project affects the other local home owners significantly as we have only one accessible road to our neighbourhood. I understand that no by-laws nor the regulations were broken not to inform other residents in the area. However, due to the fact that we live in such a low-density area, I wish additional consideration was made to inform others who should have been included in the previous discussions. I request that notice of decision and other pertinent information to be provided to me at the contact information below. Sincerely, X711 . G 2, . Page 279 of 737 Re: Zoning By-law Amendment Application — AM- 2018-016 Vacant Parcel Between 2294 and 2472 Thompson Road (Roll No.:2725-100-001-08303) Draft Plan of Vacant Land Condominium — City File: 26CD-11-2018-008 Zoning By-law Amendment Application —City File: AM -2018-016 To the Director of Planning, City of Niagara Falls, object to the proposed by-law change to allow a townhouse dwelling project of 55 units for the following reasons. 1. Negative traffic impact of 55 additional households in the area. Currently, there are 65 households on Thompson Road and the section of Portage Road that will be immediately affected by this townhouse project. The additional 55 households with only 1 access in and out off Thompson Road can affect traffic flows and road safety for the residents in the area. The access to this townhouse would be very close to where Thompson Road and Portage Road merge. This location is sometimes difficult to navigate as it is hard to see the traffic approaching from Portage Road towards Stanley Avenue because of the angle that the streets intersect. Occasionally, cars are parked along both streets and this narrows the roads even further. I believe additional traffic in this small area would create road hazards. Many residents enjoy walking around this neighbourhood. The safety of pedestrians as well as motorists are one of my major concerns. Additionally, I assume the length of time that is required for the construction of this project would be substantial. The traffic and noise created by large construction trucks in and out of this area would create a significant disturbance in our neighbourhood. I believe there is a discussion to install a traffic light at the intersection of Stanley and Portage, however, this might contribute to further congestion on our local streets as there is not much length between the intersection and the townhouse entrance. If any traffic studies were conducted, I would like to have an opportunity to review them. APR 0 2 2019 Page 280 of 737 2. This project does not conform with the rest of the residential dwellings in the area. Currently, the homes in this area are mostly single family detached homes with generous lot sizes. Introduction of the 55 -unit townhouse project in a relatively small land will dramatically change the local atmosphere and diminish the enjoyment for residents. It would be more acceptable if the land is used to conform with the current zoning requirement, such as a subdivision of single-family dwellings, similar to Jessie Court and Morning Glory Court. 3. Many residents in the area were not informed nor invited to the initial proposal of the project. Many of the home owners in our neighbourhood were left out at the initial proposal of the plan as only homes that are located within 120m distance from the subject property were directly informed of the project proposal. Since our area has larger lot sizes, 120m distance requirement only covered a few residents, even though this project affects the other local home owners significantly as we have only one accessible road to our neighbourhood. I understand that no by-laws nor the regulations were broken not to inform other residents in the area. However, due to the fact that we live in such a low-density area, I wish additional consideration was made to inform others who should have been included in the previous discussions. I request that notice of decision and other pertinent information to be provided to me at the contact information below. Sincerely, 3q-3-), Pz 1 s I D L LS 0333 4Z2 wor J oY bo ( X10 Page 281 of 737 Planninc7v Srnnned 4fIle'. March 26, 2019 Mr. John A. Bertone and Beth J. Bertone 2498 Thompson Rd. RR#1 Niagara Falls, ON L2J OE7 Director of Planning Building & Development, City Hall 4310 Queen St. Niagara Falls, ON L2E 6X5 Subject: Input re: Zoning By -Law Amendment Application, File: AM -2018-016, re: Vacant Parcel Between 2294 and 2472 Thompson Rd. Dear Director of Planning; We are writing to express our strong opposition to the proposed re -zoning and amendment to current by-laws that are requested by the applicant in the subject application. We are concerned about safety and the negative impact the proposed building development will have on us personally and upon the community as a whole. The current traffic conditions at Portage Rd. and Thompson Rd. are perilous as the angle between Portage Rd. and Thompson Rd. is significantly acute and provides poor visibility for those wishing to travel from Thompson Rd. onto Portage Rd. and often involved vehicles travelling at high speeds. The proposed rezoning and re -development of this area, with the density requested, and an inlet/outlet so close to the current intersection, would significantly worsen the safety of this intersection. Many neighbours in the community walk this picturesque rural neighbourhood that is void of sidewalks. Allowing development of this density could cause serious injury. The proposed applicant plan indicates only one outlet on Thompson Road that would potentially cause traffic congestion for townhome residents as well as other neighbouring residents, particularly during high use times (8 am to 9 am) during week days. Specifically, with respect to our property on 2498 Thompson Road, the proposed plan indicates that a dead-end street will butt up against the rear of our property. We are concerned that during winter months snow will be pushed at the end of the street and piled up, and subsequent melting will cause significant flooding in our backyard. In addition, any proposed garbage disposal bins placed in this area could attract rodents, etc. that could impact the cleanliness of our property. The construction of this number of homes adjoining our property will have a significant negative impact on our privacy and reasonable use of our land. The applicant is also requesting an amendment to the by-law that will allow the breach of the current minimum rear yard depth and minimum lot area per dwelling. The guidelines in the city by-laws have been established for good reason and should be followed to not adversely affect our existence on our property. We are strongly opposed to the approval of this application and amendment to the zoning by-laws. Allowing this development as currently planned would create significant safety hazards as well as negatively impact the reasonable use of our property. We are not opposed to the development of APR 0 2 2019 Page 282 of 737 this land but the density should be greatly reduced to meet safety standards and city zoning bylaws. The applicant should be advised to consider lower density single-family detached homes as an alternative. We also request to be informed of any and all status updates regarding this application and any others in this area. We can be reached at (905) 321-6120 for questions or comments. Kind Regards, Page 283 of 737 Re: Zoning By-law Amendment Application — AM- 2018-016 Vacant Parcel Between 2294 and 2472 Thompson Road (Roll No.:2725-100-001-08303) Draft Plan of Vacant Land Condominium —City File: 26CD-11-2018-008 Zoning By-law Amendment Application —City File: AM -2018-016 To the Director of Planning, City of Niagara Falls, I object to the proposed by-law change to allow a townhouse dwelling project of 55 units for the following reasons. 1. Negative traffic impact of 55 additional households in the area. Currently, there are 65 households on Thompson Road and the section of Portage Road that will be immediately affected by this townhouse project. The additional 55 households with only 1 access in and out off Thompson Road can affect traffic flows and road safety for the residents in the area. The access to this townhouse would be very close to where Thompson Road and Portage Road merge. This location is sometimes difficult to navigate as it is hard to see the traffic approaching from Portage Road towards Stanley Avenue because of the angle that the streets intersect. Occasionally, cars are parked along both streets and this narrows the roads even further. I believe additional traffic in this small area would create road hazards. Many residents enjoy walking around this neighbourhood. The safety of pedestrians as well as motorists are one of my major concerns. Additionally, I assume the length of time that is required for the construction of this project would be substantial. The traffic and noise created by large construction trucks in and out of this area would create a significant disturbance in our neighbourhood. believe there is a discussion to install a traffic light atthe intersection of Stanley and Portage, however, this might contribute to further congestion on our local streets as there is not much length between the intersection and the townhouse entrance. If any traffic studies were conducted, I would like to have an opportunity to review them. APR 0 4 2019 Page 284 of 737 2. This project does not conform with the rest of the residential dwellings in the area. Currently, the homes in this area are mostly single family detached homes with generous lot sizes. Introduction of the 55 -unit townhouse project in a relatively small land will dramatically change the local atmosphere and diminish the enjoyment for residents. It would be more acceptable if the land is used to conform with the current zoning requirement, such as a subdivision of single-family dwellings, similar to Jessie Court and Morning Glory Court. 3. Many residents in the area were not informed nor invited to the initial proposal of the project. Many of the home owners in our neighbourhood were left out at the initial proposal of the plan as only homes that are located within 120m distance from the subject property were directly informed of the project proposal. Since our area has larger lot sizes, 120m distance requirement only covered a few residents, even though this project affects the other local home owners significantly as we have only one accessible road to our neighbourhood. I understand that no by-laws nor the regulations were broken not to inform other residents in the area. However, due to the fact that we live in such a low-density area, I wish additional consideration was made to inform others who should have been included in the previous discussions. I request that notice of decision and other pertinent information to be provided to me at the contact information below. Sincerely, 4ee O i /h4A OJ p'ia-R o Page 285 of 737 Mac" 74 ,71cp ►9 Re: Zoning By-law Amendment Application — AM- 2018-uko Vacant Parcel Between 2294 and 2472 Thomoson Road (Roll No.:2725-100-001-083031 Draft Plan of Vacant Land Condominium — City File: 26CD-11-2018-008 Zoning By-law Amendment Application —City File: AM -2018-016 To the Director of Planning, City of Niagara Falls, I object to the proposed by-law change to allow a townhouse dwelling project of SS units y. the followine reaso=- 1. Negative traffic impact of 55 additional households in the area. s-91" Scanner) M Filo: Currently, there are 65 households on Thompson Road and the section of Portage Road tha will be immediately affected by this townhouse project. The additional 55 households with only 1 access in and out off Thompson Road can affect traffic flows and road safety for the residents in the area. The access to this townhouse would be very close to where Thompson Road and Portage Road merge. This location is sometimes difficult to navigate as it is hard to see the traffic approaching from Portage Road towards Stanley Avenue because of the angle that the streets intersect. Occasionally, cars are parked along both streets and this narrows the roads even further. I believe additional traffic in this small area would create road hazards. Many residents enjoy walking around this neighbourhood. The safety of pedestrians as well as motorists are one of ny major concerns. Additionally, I assume the length of time that is required for the construction of this project would be substantial. The traffic and noise created by large construction trucks in and out of this area would create a significant disturbance in our neighbourhood. I believe there is a discussion to install a traffic light at the intersection of Stanley and Portage, nowever, this might contribute to further congestion on our local streets as there is not much length between the intersection and the townhouse entrance. If any traffic studies were conducted, I would like to have an opportunity to review them. MAR 2 9 2019 Page 286 of 737 2. This project does not conform with the rest of the residential dwellings in the area. Currently, the homes in this area are mostly single family detached homes with generous lot sizes. Introduction of the 55 -unit townhouse project in a relatively small land will dramatically change the local atmosphere and diminish the enjoyment for residents. It would be more acceptable if the land is used to conform with the current zoning requirement, such as a subdivision of single-family dwellings, similar to Jessie Court and Morning Glory Coin 3. Many residents in the area were not informed nor invited to the initial proposal of the project. Many of the home owners in our neighbourhood were left out at the initial proposal of the plan as only homes that are located within 120m distance from the subject property were directly informed of the project proposal. Since our area has larger lot sizes, 120m distance requirement only covered a few residents, even though this project affects the other local home owners significantly as we have only one accessible road to our neighbourhood. I understand that no by-laws nor the regulations were broken not to inform other residents in the area. However, due to the fact that we live in such a low-density area, I wish additional consideration was made to inform others who should have been included in the previous discussions. I request that notice of decision and other pertinent information to be provided to me at the contact information below. Sincerely, 2-365 G(Z--T- N )-PtcQ iAa_ A c2k-5 , d ZgG - zac - 2-►et7 Page 287 of 737 i Re: Zoning By-law Amendment Application —AM- 2018-016 Vacant Parcel Between 2294 and 2472 Thompson Road (Roll No.:2725-100-001-08303) Draft Plan of Vacant Land Condominium — City File: 26CD-11-2018-008 Zoning By-law Amendment Application — City File: AM -2018-016 To the Director of Planning, City of Niagara Falls, I object to the proposed by-law change to allow a townhouse dwelling project of 55 units for the following reasons. 1. Negative traffic impact of 55 additional households in the area. Currently, there are 65 households on Thompson Road and the section of Portage Road that will be immediately affected by this townhouse project. The additional 55 households with only 1 access in and out off Thompson Road can affect traffic flows and road safety for the residents in the area. The access to this townhouse would be very close to where Thompson Road and Portage Road merge. This location is sometimes difficult to navigate as it is hard to see the traffic approaching from Portage Road towards Stanley Avenue because of the angle that the streets intersect. Occasionally, cars are parked along both streets and this narrows the roads even further. I believe additional traffic in this small area would create road hazards. Many residents enjoy walking around this neighbourhood. The safety of pedestrians as well as motorists are one of my major concerns. Additionally, I assume the length of time that is required for the construction of this project would be substantial. The traffic and noise created by large construction trucks in and out of this area would create a significant disturbance in our neighbourhood. I believe there is a discussion to install a traffic light at the intersection of Stanley and Portage, however, this might contribute to further congestion on our local streets as there is not much length between the intersection and the townhouse entrance. If any traffic studies were conducted, I would like to have an opportunity to review them. MAR 2 9 2019 Page 288 of 737 2. This project does not conform with the rest of the residential dwellings in the area. Currently, the homes in this area are mostly single family detached homes with generous lot sizes. Introduction of the 55 -unit townhouse project in a relatively small land will dramatically change the local atmosphere and diminish the enjoyment for residents. It would be more acceptable if the land is used to conform with the current zoning requirement, such as a subdivision of single-family dwellings, similar to Jessie Court and Morning Glory Court. 3. Many residents in the area were not informed nor invited to the initial proposal of the project. Many of the home owners in our neighbourhood were left out at the initial proposal of the plan as only homes that are located within 120m distance from the subject property were directly informed of the project proposal. Since our area has larger lot sizes, 120m distance requirement only covered a few residents, even though this project affects the other local home owners significantly as we have only one accessible road to our neighbourhood. I understand that no by-laws nor the regulations were broken not to inform other residents in the area. However, due to the fact that we live in such a low-density area, I wish additional consideration was made to inform others who should have been included in the previous discussions. I request that notice of decision and other pertinent information to be provided to me at the contact information below. Sincerely, Mild Richardson 2701 Thompson Road, Niagara Falls, ON, L21 OE8 Page 289 of 737 APR 0 2 2019 Page 290 of 737 Dear Neighbours, You probably received the information regards to 55 -unit townhouse project in our area. If not, you can google search by "City of Niagara Falls public notices" and look for Zoning By-law Amendment Application (AM -2018-016). The public meeting is scheduled for April 9, at 6pm. I don't know how you feel about this, but I have concerns and I am planning to make a written submission to the city. I have concerns about the following issues. 1. Negative traffic impact of 55 additional households in the area. 2. This project does not conform with the<rest of the residential dwellings in the area. 3. Many residents in the area were not informed nor invited to the initial proposal of the project. Initially, I thought there is no use of doing anything about it. But if you don't go to the public meeting and speak about it or make a written submission, you don't have any say to the matter in the future. So, why not do something about it? I have included the letter I will be submitting (I may make some changes to it). Please feel free to just put your name/address and submit it as your input. Or make it your own by adding/omitting anything as you feel appropriate. The written submission must be in by April 9. You can mail it to: the Director of Planning, Building & Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5. Or hand deliver it to the Planning Dept. at the City Hall, which I will be doing. If you are mailing it, make sure it arrives there by April 91 Hope you share the same concerns and act on itl Sincerely, Your Neighbour Page 291 of 737 Re: Zoning By-law Amendment Application — AM- 2018-016 Vacant Parcel Between 2294 and 2472 Thompson Road (Roll No.:2725-100-001-08303) Draft Plan of Vacant Land Condominium —City File: 26CD-11-2018-008 Zoning By-law Amendment Application —City File: AM -2018-016 To the Director of Planning, City of Niagara Falls, object to the proposed by-law change to allow a townhouse dwelling project of 55 units for the following reasons. 1. Negative traffic impact of 55 additional households in the area. Currently, there are 65 households on Thompson Road and the section of Portage Road that will be immediately affected by this townhouse project. The additional 55 households with only 1 access in and out off Thompson Road can affect traffic flows and road safety for the residents in the area. The access to this townhouse would be very close to where Thompson Road and Portage Road merge. This location is sometimes difficult to navigate as it is hard to see the traffic approaching from Portage Road towards Stanley Avenue because of the angle that the streets intersect. Occasionally, cars are parked along both streets and this narrows the roads even further. I believe additional traffic in this small area would create road hazards. Many residents enjoy walking around this neighbourhood. The safety of pedestrians as well as motorists are one of my major concerns. Additionally, I assume the length of time that is required for the construction of this project would be substantial. The traffic and noise created by large construction trucks in and out of this area would create a significant disturbance in our neighbourhood. I believe there is a discussion to install a traffic light at the intersection of Stanley and Portage, however, this might contribute to further congestion on our local streets as there is not much length between the intersection and the townhouse entrance. If any traffic studies were conducted, I would like to have an opportunity to review them. Page 292 of 737 2. This project does not conform with the rest of the residential dwellings in the area. Currently, the homes in this area are mostly single family detached homes with generous lot sizes. Introduction of the 55 -unit townhouse project in a relatively small land will dramatically change the local atmosphere and diminish the enjoyment for residents. It would be more acceptable if the land is used to conform with the current zoning requirement, such as a subdivision of single-family dwellings, similar to Jessie Court and Morning Glory Court. 3. Many residents in the area were not informed nor invited to the initial proposal of the project. Many of the home owners in our neighbourhood were left out at the initial proposal of the plan as only homes that are located within 120m distance from the subject property were directly informed of the project proposal. Since our area has larger lot sizes, 120m distance requirement only covered a few residents, even though this project affects the other local home owners significantly as we have only one accessible road to our neighbourhood. I understand that no by-laws nor the regulations were broken not to inform other residents in the area. However, due to the fact that we live in such a low-density area, I wish additional consideration was made to inform others who should have been included in the previous discussions. I request that notice of decision and other pertinent information to be provided to me at the contact information below. Sincerely, Page 293 of 737 0Planning Scanned File: March 25, 2019 Mr. Luigi & Mrs. Josephine Bertone 2294 Thomspon Rd. RR#1 Niagara Falls, ON L21 OE7 Director of Planning Building & Development, City Hall 4310 Queen St. Niagara Falls, ON L2E 6X5 Subject: Input re: Zoning By -Law Amen dmen t Application, File: AM -2018-016, re: Vacant Parcel Between 2294 and 2472 Thompson Rd. Dear Director of Planning; We are writing to express our strong opposition to the proposed re -zoning and amendment to current by-laws that are requested by the applicant in the subject application. The safety and privacy implications will have a significant negative impact on us specifically, as the closest neighbor to the majority of the proposed dwellings, as well as the community in general. We are gravely concerned about the safety implications of the proposed development. The current traffic conditions at Portage Rd. and Thompson Rd. are perilous as the angle between Portage Rd. and Thompson Rd. is significantly acute and provides poor visibility for those wishing to travel from Thompson Rd. onto Portage Rd. and often involved vehicles travelling at high speeds. The proposed rezoning and re -development of this area, with the density requested, and an inlet/outlet so close to the current intersection, would significantly worsen the safety of this intersection: Many neighbours in the community walk this picturesque rural neighbourhood that is void of sidewalks. Allowing development of this density would inevitably cause serious injury and property damage. The proposed applicant pian indicates ten townhome properties with rear yards adjoining my property. The construction of this number of homes adjoining my property will have a significant negative impact on my privacy and reasonable use of my land. The applicant is also requesting an amendment to the by-law that will allow the breach of the current minimum rear yard depth and minimum lot area per dwelling. The guidelines in the city by-laws have been established for good reason and should be followed to not adversely affect my,existence on my property. APR 0 3 2019 Page 294 of 737 We are strongly opposed to the approval of this application and amendment to the zoning by-laws. Allowing this development as currently planned would create significant safety hazards as well as negatively impact my reasonable use of my property. We are not opposed to the development of this land but the density should be greatly reduced to meet safety standards and city zoning bylaws. The applicant should be advised to consider lower density single-family detached homes as an alternative. We also request to be informed of any and all status updates regarding this application and any others in this area, We can be reached at (905) 356-0359 for questions or comments. Kind Regards, Luigi tsertone 1IIMAI/ Page 295 of 737 Innnln Banned Re: Zoning By-law Amendment Application — AM- 2018-016 Vacant Parcel Between 2294 and 2472 Thompson Road (Roll No.:2725-100-001-08303) Draft Plan of Vacant Land Condominium —City File: 26CD-11-2018-008 Zoning By-law Amendment Application —City File: AM -2018-016 To the Director of Planning, City of Niagara Falls, I object to the proposed by-law change to allow a townhouse dwelling project of 55 units for the following reasons. 1. Negative traffic impact of 55 additional households in the area. Currently, there are 65 households on Thompson Road and the section of Portage Road that will be immediately affected by this townhouse project. The additional 55 households with only 1 access in and out off Thompson Road can affect traffic flows and road safety for the residents in the area. The access to this townhouse would be very close to where Thompson Road and Portage Road merge. This location is sometimes difficultto navigate as it is hard to see the traffic approaching from Portage Road towards Stanley Avenue because of the angle that the streets intersect. Occasionally, cars are parked along both streets and this narrows the roads even further. I believe additional traffic in this small area would create road hazards. Many residents enjoy walking around this neighbourhood. The safety of pedestrians as well as motorists are one of my major concerns. Additionally, I assume the length of time that is required for the construction of this project would be substantial. The traffic and noise created by large construction trucks in and out of this area would create a significant disturbance in our neighbourhood. I believe there is a discussion to install a traffic light at the intersection of Stanley and Portage, however, this might contribute to further congestion on our local streets as there is not much length between the intersection and the townhouse entrance. If any traffic studies were conducted, I would like to have an opportunity to review them. APR 0 5 2019 PLAN Page 296 of 737 2. This project does not conform with the rest of the residential dwellings in the area. Currently, the homes in this area are mostly single family detached homes with generous lot sizes. Introduction of the 55 -unit townhouse project in a relatively small land will dramatically change the local atmosphere and diminish the enjoyment for residents. It would be more acceptable if the land is used to conform with the current zoning requirement, such as a subdivision of single-family dwellings, similar to Jessie Court and Morning Glory Court. 3. Many residents in the area were not informed nor invited to the initial proposal of the project. Many of the home owners in our neighbourhood were left out at the initial proposal of the plan as only homes that are located within 120m distance from the subject property were directly informed of the project proposal. Since our area has larger lot sizes, 120m distance requirement only covered a few residents, even though this project affects the other local home owners significantly as we have only one accessible road to our neighbourhood. I understand that no by-laws nor the regulations were broken not to inform other residents in the area. However, due to the fact that we live in such a low-density area, I wish additional consideration was made to inform others who should have been included in the previous discussions. I request that notice of decision and other pertinent information to be provided to me at the contact information below. 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Reg 453/07 41 Table of Contents Introduction 1 Review of Regulatory and Legislative Requirements 2 Required Statements 3 Importance of a Long Range Financial Plan 4 Principles of Financial Sustainability 5 The LRFP is Dynamic 6 Background Information 7 Sources of Data 8 Historical Rates 9 Comparison of Water and Wastewater Cost of Service 10 Ratepayer Affordability 11 Rate Structure - Goals and Objectives 12 Number of Customers 14 Water and Wastewater Revenue and Expenditure Analysis 15 Reserve and Debt Strategies 16 Reserve and Revenue Stability Strategies 17 Asset Consumption Ratio 18 Asset Replacement Strategies 19 Debt Financing Strategies 20 Summary of Financial Environment and Assumptions 21 Consumption Trends 22 Summary of Financial Environment and Assumptions 23 Forecast 24 Operating Budget Forecast 25 Reporting Requirements 27 Water Financial Plan - O.Reg 453/07 28 Wastewater Financial Plan - O.Reg 453/07 33 Water/WW Consolidated 38 Page 305 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 1 Introduction - Water and Wastewater Financial Plan Page 306 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 2 Review of Regulatory and Legislative Requirements The City of Niagara Falls, along with other Ontario municipalities that are responsible for the provision of drinking water, is required to meet the requirements set out in the Financial Plans Regulations O.Reg.453/07. Although the regulation only require a Water Financial Plan, a Wastewater Financial Plan has also been included to provide a more complete picture. Ontario Reg. 453/07 provides the following parameters with regards to s.30 (1) part b of the Safe Drinking Water Act for municipal drinking water licence renewal:  The financial plan must be approved by Council resolution (or governing body)  The financial plan must include details regarding lead service pipe replacement  The financial plan must include a statement that the financial impacts have been considered and apply for a minimum six year period commencing in the year in which the existing municipal drinking water licence expires  A copy of the financial plan must be submitted to the Ministry of Municipal Affairs and Housing  For each year to which the financial plans apply, the financial plans must include the following:  Details of the proposed or projected financial position of the drinking water system itemized by:  total financial assets  total liabilities  net debt  non-financial assets that are tangible capital assets, tangible capital assets under construction, inventories of supplies and prepaid expenses  changes in tangible capital assets that are additions, donations, write downs and disposals  Details of the drinking water system’s proposed or projected gross cash receipts and gross cash payments itemized by:  operating transactions that are cash received from revenues, cash paid for operating expenses and finance charges  capital transactions that are proceeds on the sale of tangible capital assets and cash used to acquire capital assets  investing transactions that are acquisitions and disposal of investments  financing transactions that are proceeds from the issuance of debt and debt repayment  changes in cash and cash equivalents during the year, and  cash and cash equivalents at the beginning and end of the year. Page 307 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 3  The financial plan must include detail regarding proposed or projected financial operations itemized by total revenues, total expenses, annual surplus/deficit and accumulated surplus/deficit (i.e. the components of a “Statement of Operations” as per PSAB) for each year in which the financial plans apply.  The financial plan is to be made available to the public upon request and at no charge. General Approach to Preparing the City’s LRFP The LRFP identifies the key financial strategies that will influence the building of a sustainable long-term financial future and takes into account:  Expected expenses and capital outlays for each year of the plan  Expected revenues for each year  Financial performance measures Required Statements There are three statements that must be completed, in accordance with the O. Reg. 453/07. These include: The Statement of Operations summarizes the revenues and operating expenses for a given period. The Statement of Cash Flows reports on how activities were financed for a given period which provides a measure of the changes in cash for that period. The Statement of Financial Position reports on whether enough revenue was generated in a period to cover the expenses in the period and whether sufficient resources have been generated to support current and future activities. Statement of Operations Statement of Cash Flows Statement of Financial Position Page 308 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 4 The categories of financial information have been developed to ensure:  that they provide a sound picture of the financial position of a drinking water system  that they are aligned with municipal financial statements prepared on a full accrual accounting basis  consistent financial planning for municipal water services The goal of the financial plan is to provide the City with a realistic and informed view of the water and wastewater operating and capital expenditures needed over time to maintain the integrity and health of its physical infrastructure and to accommodate growth and new environmental standards. As such, a Long Range Financial Plan (LRFP) creates a more purposeful approach to long-term financial management and helps align short term actions with long term financial strategies. Importance of a Long Range Financial Plan A LRFP is a framework to guide the City in future budget forecast recommendations. Guiding Principles  Ensures a reasonable degree of stability and predictability in the rate burden;  Provide a fair sharing in the distribution of resources between current and future ratepayers;  Ensure sustainable cash flows;  Maximize financial flexibility;  Minimize financial vulnerability during economic downturns.  To protect and maintain the water and wastewater assets; and  Maintain programs and services at their current level. Page 309 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 5 Principles of Financial Sustainability The Ministry of the Environment released a guideline (“Towards Financially Sustainable Drinking-Water and Wastewater Systems”) that provides possible approaches to achieving sustainability. The Province’s Principles of Financially Sustainable Water and Wastewater Services are provided below:  Principle #1: Ongoing public engagement and transparency can build support for, and confidence in, financial plans and the system(s) to which they relate.  Principle #2: An integrated approach to planning among water, wastewater, and storm water systems is desirable given the inherent relationship among these services.  Principle #3: Revenues collected for the provision of water and wastewater services should ultimately be used to meet the needs of those services.  Principle #4: Life-cycle planning with mid-course corrections is preferable to planning over the short-term, or not planning at all.  Principle #5: An asset management plan is a key input to the development of a financial plan.  Principle #6: A sustainable level of revenue allows for reliable service that meets or exceeds environmental protection standards, while providing sufficient resources for future rehabilitation and replacement needs.  Principle #7: Ensuring users pay for the services they are provided leads to equitable outcomes and can improve conservation. In general, metering and the use of rates can help ensure users pay for services received.  Principle #8: Financial Plans are “living” documents that require continuous improvement. Comparing the accuracy of financial projections with actual results can lead to improved planning in the future.  Principle #9: Financial plans benefit from the close collaboration of various groups, including engineers, accountants, auditors, utility staff, and municipal council. The LRFP will be instrumental in the City’s ability to meet the Provincial reporting requirements included in O.Reg. 453/07 for water and wastewater operations and has been developed in recognition of the above noted principles. Page 310 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 6 The LRFP is Dynamic—Regular Updates Should Be Undertaken This document puts the City’s water & wastewater financial condition in perspective, discusses the current challenges and risks and provides a sustainable financial forecast. The plan also provides a framework for guiding the annual budget and the financial planning over a longer horizon. The LRFP helps to understand the implications that today’s decisions have on future budgets. The LRFP has been prepared to meet the regulatory requirements. It does not represent a formal multi-year budget. The approval of the budget is undertaken annually. Great effort has been made to present accurate financial projections, based upon the data available at this time. In accordance with the regulations, financial plans must be updated in conjunction with an application for licence renewal (i.e. every 5 years), however, there are many potential circumstances that could occur within the short to medium term that would affect the assumptions in the projections for operating and capital. Council priorities, planning policies, changes to service levels, consumption projections and infrastructure requirements, will certainly lead to changes and the LRFP should be adjusted to reflect these changes as they occur. As a best practice, The Ministry of the Environment document entitled “Toward Financial Sustainability” suggests that Financial Plans should be updated on an annual forward looking basis. By doing so, continuous improvement will be fostered and results can be considered as part of the annual budget process. It is well recognized that a Financial Plan is a dynamic document dynamic document that should be updated and re-evaluated, on an ongoing basis to:  Amend the assumptions, projections and strategies based on changes in the municipal environment  Continue building awareness of the results of projections of current operating and capital spending and funding levels  Assist the City in determining the extent of its financial challenges  Reconfirm the key financial goals and strategies that should guide future planning  Spur the development of actions in future business plans that would respond to the long-term strategies Page 311 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 7 Background Information Used to Prepare the Water and Wastewater Financial Plan Page 312 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 8  Debt Schedules—The City provided the amortization schedules for existing debt.  Legislative Requirements—A review of Provincial requirements governing water and wastewater operations.  Asset Management Plan—2013 Asset Management Plan which identified that the annual contribution to capital required for the timely replacement of assets is $6.1 million in water and $6.5 million in wastewater. Sources of Data to Prepare Long Range Financial Plan  Reserves—Water/WW Lifecycle Reserve projected opening balance 2019 which took into consideration any commitments from previous years.  Operating Budget—The City provided the 2018 Operating Budgets for Water and Wastewater which were used extensively and forecast assumptions were included for the remainder of the forecast period.  Financial Information Return - The City’s latest FIR was used in the preparation of the O. Regs with respect to amortization information.  Consumption—Consumption trends were provided by the City to determine an appropriate assumption with respect to rate setting.  Customer Accounts and Meters by Size—The City provided customer account information by meter size.  Historical Rates—A review was undertaken of the historical rates to gain perspective into the strategies that have been deployed to support financial sustainability. Page 313 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 9 Historical Water/WW Rates  The following table reflects the rates over the past four years. As will be discussed in this report, the ongoing below inflationary increases is not a financially sustainable practice. Also, the contributions to the capital program are below financially sustainable levels and need to be increased for the timely replacement of infrastructure. 2015 2016 2017 2018 Water Water Usage Charge (Volumetric) per m3 0.959$ 0.959$ 0.983$ 1.011$ 5/8" 21.00$ 21.00$ 20.13$ 19.72$ 3/4" 21.00$ 21.00$ 20.13$ 19.72$ 1" 21.00$ 21.00$ 20.13$ 19.72$ 1.5" 63.00$ 63.00$ 60.39$ 59.17$ 2" 126.00$ 126.00$ 120.78$ 118.34$ 3" 252.00$ 252.00$ 241.56$ 236.67$ 4" 462.00$ 462.00$ 442.87$ 433.90$ 6" 882.00$ 882.00$ 845.47$ 828.36$ 8" 1,575.00$ 1,575.00$ 1,509.77$ 1,479.21$ 10" 2,205.00$ 2,205.00$ 2,113.68$ 2,070.89$ Volumetric Rate Change 0.0%2.5%2.8% Fixed Rate Change 0.0% -4.1% -2.0% 2015 2016 2017 2018 Wastewater Wastewater Usage Charge (Volumetric) per m3 1.2474$ 1.2474$ 1.2050$ 1.2050$ 5/8" 20.43$ 20.43$ 19.53$ 19.67$ 3/4" 20.43$ 20.43$ 19.53$ 19.67$ 1" 20.43$ 20.43$ 19.53$ 19.67$ 1.5" 61.29$ 61.29$ 58.60$ 59.01$ 2" 122.58$ 122.58$ 117.21$ 118.02$ 3" 245.16$ 245.16$ 234.41$ 236.04$ 4" 449.46$ 449.46$ 429.76$ 432.73$ 6" 858.06$ 858.06$ 820.45$ 826.12$ 8" 1,532.25$ 1,532.25$ 1,465.09$ 1,475.22$ 10" 2,145.15$ 2,145.15$ 2,051.12$ 2,065.31$ Volumetric Rate Change 0.0%-3.4%0.0% Fixed Rate Change 0.0% -4.4% 0.7% Water Charge based on Meter Size - Monthly Wastewater Charge based on Meter Size - Monthly Page 314 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 10 Comparison of Water and Wastewater Cost of Service  An analysis of the 2018 water and wastewater rates in Niagara Falls was undertaken against other Niagara municipalities as well as against the Ontario average of 100+ Ontario municipalities.  As shown in the table, the customer cost of water/ww services in Niagara Falls is approximately 19% lower than the peer average for a residential customer that consumes 200 m3 per year and 17% below the survey average of over 100 Ontario municipalities. In Niagara Falls, a customer would pay $916 annually compared with the Niagara average of $1,086 and the Ontario average of $1,075.  For non-residential customers, the cost of service in Niagara Falls ranges from 32% to 41% lower than the peer average of Niagara Municipalities.  Differences in rates are impacted by the overall age of the system, the condition of the infrastructure, the complexity of the system and the strategies used to address infrastructure gaps. Residential Commercial Industrial Industrial Industrial Volume 200 m3 10,000 m3 30,000 m3 100,000 m3 500,000 m3 Meter Size 5/8"2"3"4"6" Pelham 748$ 23,596$ 70,187$ 228,950$ 1,129,717$ St. Catharines 875$ 32,244$ 97,920$ 317,100$ 1,564,044$ Thorold 1,001$ 29,254$ 86,914$ 288,724$ 1,441,924$ Lincoln 1,019$ 46,482$ 138,577$ 460,272$ 2,297,793$ West Lincoln 1,059$ 33,087$ 95,475$ 304,836$ 1,488,671$ Niagara-on-the-Lake 1,098$ 26,551$ 81,076$ 256,621$ 1,253,631$ Welland 1,210$ 45,608$ 137,551$ 451,343$ 2,241,235$ Port Colborne 1,355$ 28,130$ 86,324$ 268,678$ 1,302,168$ Fort Erie 1,408$ 32,908$ 100,556$ 317,143$ 1,546,715$ Niagara Avg 1,086$ 33,096$ 99,398$ 321,519$ 1,585,100$ Niagara Med. 1,059$ 32,244$ 95,475$ 304,836$ 1,488,671$ Total 100+ Ontario Municipalities 1,075$ 36,054$ 102,824$ 334,031$ 1,647,471$ Niagara Falls 916$ 24,996$ 72,153$ 232,000$ 1,127,854$ Ranking third lowest second lowest second lowest second lowest lowest % Below Average 19% 32% 38% 39% 41%  Note that Wainfleet is excluded as there is no service. Grimsby is excluded from the analysis as it only charges water on rates (sewer is charged on the tax levy). Page 315 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 11 Ratepayer Affordability  Ratepayer affordability has also been taken into consideration. This compares the cost of water/ww services in relation to average household income.  There are a number of sources which are used in the industry to establish a benchmark upon which affordability is measured. The most common approach is water/wastewater costs as a percentage of average income. The threshold value, which is expressed as a percent, is applied to a measure of income to determine the point at which the cost of water/wastewater becomes unaffordable.  There is no one benchmark percentage established in the industry. Depending on the source used, the range typically is from 1.5%-3.0% of household income, beyond which, affordability is questionable.  Niagara Falls’s average household income is $79,768, lower than the Niagara survey average.  Residential water/ww costs are third lowest in the survey resulting in a slightly below average water/ww costs as a percentage of income. (Water/ww costs as a percentage of income in Niagara Falls is 1.1% compared with the survey average of 1.2%). Source: 2018 rate by-laws, 2018 household income Manifold Data Mining. Municipality Pelham 126,655$ 748$ 0.6% Lincoln 113,606$ 1,019$ 0.9% Niagara-on-the-Lake 118,156$ 1,098$ 0.9% West Lincoln 107,846$ 1,059$ 1.0% St. Catharines 80,012$ 875$ 1.1% Thorold 83,547$ 1,001$ 1.2% Welland 73,910$ 1,210$ 1.6% Fort Erie 81,046$ 1,408$ 1.7% Port Colborne 76,517$ 1,355$ 1.8% Niagara Avg 95,699$ 1,086$ 1.2% Niagara Med.83,547$ 1,059$ 1.1% Niagara Falls 79,768$ 916$ 1.1% 2018 Est. Avg. Household Income 2018 Residential Water/WW Costs 200 m3 Affordability Metric Page 316 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 12 Rate Structure - Goals and Objectives The following provides a set of goals and objectives that were considered in developing the rate structure  Affordability—The rate structure should incorporate policies that support affordable water and wastewater services for all customers while at the same time ensuring that the full cost of service are being recovered. Further, the allocation of costs to different customer groups must be rationalized.  Revenue Stability and Rate Predictability—The rate structure should provide for a steady and predictable stream of revenues such that the City is capable of meeting its current financial requirements. To the extent possible, cash flows should be matched with expenditures. Any rate setting practice employed by the City will consider the impact on revenue stability and take the appropriate actions to maintain/improve revenue stability.  Fairness and Equity—The rate structure should ensure that customers are contributing equitably towards revenue requirements. Equity should be based on the user pay principle.  Conservation—The rate structure should encourage the efficient and justifiable uses of water as well as assist in managing system demand. Programs that promote efficient water usage may reduce operating costs and capital investment needs over time. The less water consumed and hence less sewage generated will result in deferral of plant expansions, thereby avoiding capital expenditures for all customers.  Practical (Simple to Understand and Update)-The rate structure should support principles or fairness and equity but at the same time it should be simple to understand, rational and easy to update and administer.  Economic Development—The rate structure should align with other economic development initiatives and should consider the competitive positioning of commercial and industrial properties in Niagara Falls and the City’s ability to attract new business to the community. Page 317 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 13 Rate Structure Options—Fixed Vs. Volumetric  As stated by the Canadian WaterWorks Association (CWWA), at the heart of the methodology for setting water rates is the concept of a two-part rate structure; a volumetric charge and a fixed charge.  Municipalities must determine whether to separately charge a fixed cost to its customers and to determine the types of costs that are to be recovered from a monthly charge. These decisions are made, as well, based on the overall objectives of the municipality.  For example, a high allocation to the fixed charge is generally not practical since it results in a volumetric charge that is too low relative to the fixed charge. This is not recommended if water efficiency is an important objective in rate setting. While a high allocation of capital costs to volume will promote water efficiency, there is increased revenue risk brought about by the increased reliance on the volumetric charge to recover fixed costs.  Consistent with the approach in Niagara Falls approximately 90% of 100 Ontario municipalities surveyed have a fixed and volumetric rate structure.  The average of the 100 Ontario municipalities is 42% of the costs to be recovered from the fixed rates for a residential consumer that uses 200 me annually in water.  Given that much of the costs are relatively fixed, particularly related to the Region’s costs, maintaining a mid to high cost recovery from the fixed monthly fee supports revenue stability.  The recommended approach in setting the rates is to maintain the same rate proportion of fixed and volumetric charges.  The existing allocation continues to support affordability objectives and with approximately 40% (combined water/ww) from the fixed monthly charges, there is an adequate level of revenue stability while still providing a financial incentive to conserve water. 2018 Water WW Water % WW % Total % Fixed 8,405,993$ 8,348,801$ 41.5% 37.7% 39.5% Volumetric 11,851,795$ 13,807,113$ 58.5% 62.3% 60.5% Total 20,257,788$ 22,155,914$ 100.0% 100.0% 100.0%Page 318 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 14 Number of Customers The following summarizes the number of customer accounts for water and wastewater services. As illustrated, the number of accounts attributed to new growth is forecast to increase by 350-375 annually. This is based on the City’s Development Charges Background Study for 2014 which forecast future growth. 2018 2019 2020 2021 2022 2023 2024 Water Accounts New Accounts 317 350 350 350 350 350 375 5/8" 29,385 29,735 30,085 30,435 30,785 31,135 31,510 3/4" - - - - - - 1" 340 340 340 340 340 340 340 1.5" 238 238 238 238 238 238 238 2" 289 289 289 289 289 289 289 3" 80 80 80 80 80 80 80 4" 35 35 35 35 35 35 35 6" 22 22 22 22 22 22 22 8" 3 3 3 3 3 3 3 10" 1 1 1 1 1 1 1 Total 30,393 30,743 31,093 31,443 31,793 32,143 32,518 2018 2019 2020 2021 2022 2023 2024 Wastewater Accounts New Accounts 350 350 350 350 350 375 5/8" 28,503 28,853 29,203 29,553 29,903 30,253 30,628 3/4" - - - - - - - 1" 340 340 340 340 340 340 340 1.5" 238 238 238 238 238 238 238 2" 289 289 289 289 289 289 289 3" 80 80 80 80 80 80 80 4" 35 35 35 35 35 35 35 6" 22 22 22 22 22 22 22 8" 3 3 3 3 3 3 3 10" 1 1 1 1 1 1 1 Total 29,511 29,861 30,211 30,561 30,911 31,261 31,636 Page 319 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 15 Water Revenue and Expenditure Analysis The following summarizes the revenues and expenditures from the budget of 2018.  The Region’s cost comprises 56% of the total cost annually. This is by far the largest driving factor in rate setting for Niagara Falls. Water 2018 Budget Salaries, Wages, Benefits 2,745,792$ Materials and Supplies 780,839$ Region 11,591,946$ Contribution to Reserves 4,100,000$ Other 1,496,301$ Total Expenditures 20,714,878$ Salaries, Wages, Benefits 13.3% Materials and Supplies 3.8% Region 56.0% Contribution to Reserves 19.8% Other 7.2% Total Expenditures 100.0% Wastewater Revenue and Expenditure Analysis The following summarizes the revenues and expenditures from the budget of 2018.  The Region’s cost comprises 57.4% of the total cost annually. This is by far the largest driving factor in rate setting for Niagara Falls. WW 2018 Budget Salaries, Wages, Benefits 1,235,937$ Region 13,310,667$ Contribution to Reserves 4,730,000$ Debt 936,117$ Other 2,989,310$ Total Expenditures 23,202,031$ Salaries, Wages, Benefits 5.3% Region 57.4% Contribution to Reserves 20.4% Debt 4.0% Other 12.9% Total Expenditures 100.0%Page 320 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 16 Reserve and Debt Strategies Page 321 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 17 Reserves and Revenue Stability Strategies A Reserve is a financial provision or amount that is designated for a future purpose that extends beyond the current fiscal year. While its balance may vary over the course of a year, the Reserve is carried forward from one fiscal year to the next to facilitate multi-year financial planning. Reserves can be established to meet specific liabilities such as the replacement/acquisition of capital assets or to protect against known risks or unforeseen circumstances that may create financial difficulties. The purpose for maintaining reserves includes:  To provide for rate stabilization;  To provide financing for one-time or short term requirements;  To make provisions for replacements/renewals/acquisitions of assets/infrastructure that are currently being consumed;  To avoid spikes in funding requirements for large capital projects by reducing their reliance on long-term debt borrowings;  To provide a source of internal financing;  To ensure adequate and sustainable cash flows; and  To provide financial sustainability.  The following principles were used in preparing the Financial Plan: Reserve and Revenue Stability Strategies  The City will maintain all infrastructure in a state of good repair by implementing life cycle costing and providing adequate annual contributions to the replacement reserves to fund the future rehabilitation/replacement of assets.  The City will target setting aside a contribution to the Water and Wastewater Reserve based on the asset management plan.  The City will target the minimum Stabilization Reserve balances at 10%-15% of Operating Revenue which is met throughout the forecast period. Page 322 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 18 Asset Consumption Ratio  This indicator provides an estimate of the useful life left in the municipality’s capital assets.  Municipalities are facing significant infrastructure challenges. Therefore, it is important to keep informed of the age and condition of its capital assets to ensure they are making timely and appropriate investments.  As shown in the graph of water and wastewater asset consumption ratios, Niagara Falls has the second highest ratio in water and wastewater, reflecting that more of the assets have been amortized. A high ratio reflects a greater need to have funds set aside in the capital reserve for future replacement. Median 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% 40.0% 45.0% Water Asset Consumption Ratio Median 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% Wastewater Asset Consumption Ratio Page 323 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 19 Reserve Strategies  Phase-in strategies have been used to move toward financial sustainability as recommended in the Asset Management Plan. The analysis used the capital requirements identified in the Capital Budget over the next six years to determine average annual capital contributions from user fee revenues.  The graphs reflect the phase-in strategy for capital contributions to move toward the recommended annual replacement funding requirements from user fee revenues. The approach is to smooth the impact on rates over time to avoid spikes in rates.  As shown in the first graph, the average annual capital contributions required to finance the capital requirements in water is $6.1 million annually. The capital contributions in 2018 were $4.1 million (capital and debt principal payments). By 2024, the annual contribution will be equal recommended contribution, as identified in the Asset Management Plan.  As shown in the second graph, the average annual capital contributions required to finance the capital requirements in wastewater is $6.5 million annually. The capital contributions in 2018 were $4.7 million (capital and debt principal payments). By 2024, the annual contribution will be equal to the required annual contributions, as identified in the Asset Management Plan.  The Water and Wastewater Stabilization Reserve targets are within the target range. $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 2019 2020 2021 2022 2023 2024 Water Capital Contribution Water Average Capital Requirement Water Capital Contribution $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 2019 2020 2021 2022 2023 2024 WW Capital Contribution WW Average Capital Requirement WW Capital Contribution Page 324 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 20 Debt Financing Strategies Debt management may be defined as the process of providing for the payment of interest and principal payments on existing debt and the planning for new debt issuance at a level which will optimize borrowing cost and not impair the financial position of the municipality. The prudent use of debt is acknowledged as a fundamental component to well developed and credible financial management and supports financial discipline and stability. Adherence to a debt management plan signals to credit rating agencies and capital markets that the municipality is well managed and should meet its obligations. Increasing levels of debt that are growing faster than tax revenues will also put pressure on other programs and future capital priorities and reduce the amount of discretionary spending in the operating budget. To mitigate these concerns, municipalities need to strike a balance with debt. Too little debt can severely restrict the funds available for financing infrastructure, while too much debt is fiscally unsustainable over the long-term. Hence, municipalities need to ensure that:  Future debt service payments can be made in full and on time, without jeopardizing the provision of essential services;  Outstanding debt obligations will not threaten long-term financial stability of the municipality; and  The amount of outstanding debt will not place undue burden on residents and businesses. The Province regulates the amount of debt by setting a repayment limit of 25% of own source revenue. If the City were to reach that limit, future operating budgets would be severely constrained or revenues would have to increase significantly. The City’s policy is debt charges of 10% of own source revenues.  The following principle was used in preparing the Financial Plan: Debt Financing Strategies  Principal and interest for water and wastewater rate supported debt on a consolidated basis will not to exceed 10% of own source revenues. This maintains sufficient financial flexibility. Page 325 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 21 Summary of Financial Environment and Assumptions Water and Wastewater Financial Plan Page 326 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 22 Consumption Trends While weather conditions creates some fluctuation, the overall trend in Niagara Falls has been relatively stable. The following summarizes the key findings and observations:  There is considerable variability in the historic use of water. Over the past five years, the average annual consumption is approximately 11.9 million m3.  The approach in setting fees was to review the trend and average to determine an appropriate base upon which rate calculations will be made.  It is recommended to use the three year average to determine the starting base for consumption and increase consumption by 0.5% annually to account for new growth.  It should be noted that the wastewater billable consumption is lower than water as there are less customers that have wastewater services. As such, this has been taken into consideration in establishing the rates.  WW consumption is on average approximately 97.7% of the water consumed. 11,902,413 8,000,000 8,500,000 9,000,000 9,500,000 10,000,000 10,500,000 11,000,000 11,500,000 12,000,000 12,500,000 13,000,000 2014 2015 2016 2017 2018 Water Consumption Water Water Average Page 327 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 23 Summary of Financial Environment and Assumptions The following summarizes the key challenges, risks and opportunities to long-term financial sustainability which have been addressed as part of the Financial Plan:  Expenditure Increases—2% annually.  Regional Expenditure Increases—3.8% annually for water and 6% annually for wastewater. Note that in 2019 there is a need to adjust the Regional wastewater base expenditure to reflect the three year average.  Other Revenues— 2% annually.  Service Standards—Water and wastewater programs are maintained at their current service levels.  Capital Requirements—The 2013 Asset Management Plan recommended that the City set aside annually:  $6.1 million in water; and  $6.5 million in wastewater for asset replacement A phase-in strategy over the six year period gradually moves to this sustainable financing  Regulatory and Legislative Environment—Municipalities across Ontario have consistently identified legislative and regulatory changes and requirements as a major factor driving the cost of service over the past 10 years and will continue to be a factor well into the future. Statutes and associated regulations that dictate service levels include:  Municipal Act;  Clean Water Act;  Water Opportunities Act;  Ontario Water Resources Act;  Safe Drinking Water Act (SDWA);  Federal Regs. for effluent quality under the Fisheries Act  Sustainable Water and Sewage Systems Act; and  PSAB 3150, Tangible Capital Assets Reporting Page 328 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 24 Forecast Water and Wastewater Financial Plan Page 329 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 25 Summary of Water Operating Budget Forecast The following is a projection of the Water Operating Budget over the next six years. As previously mentioned, the projection builds in a gradual increase in the transfer to the Water Capital Reserve to support financial sustainability. Water 2018 Budget 2019 2020 2021 2022 2023 2024 Revenues Water - Volumetric Revenue 11,851,795$ 12,695,521$ 13,111,672$ 13,544,530$ 13,992,137$ 14,455,003$ 14,915,122$ Water - Fixed Revenue 8,405,993$ 8,635,930$ 8,962,114$ 9,301,838$ 9,653,854$ 10,018,597$ 10,390,580$ Other Revenues 457,090$ 466,232$ 475,556$ 485,068$ 494,769$ 504,664$ 514,758$ Total Revenues 20,714,878$ 21,797,683$ 22,549,342$ 23,331,435$ 24,140,760$ 24,978,265$ 25,820,460$ EXPENSES Regional Costs 11,591,946$ 11,665,360$ 12,108,644$ 12,568,772$ 13,046,385$ 13,542,148$ 14,056,750$ Salaries, Wages, Benefits 2,725,792$ 2,780,308$ 2,835,914$ 2,892,632$ 2,950,485$ 3,009,495$ 3,069,685$ Contracted Services 832,200$ 848,844$ 865,821$ 883,137$ 900,800$ 918,816$ 937,192$ Materials 760,339$ 775,546$ 791,057$ 806,878$ 823,015$ 839,476$ 856,265$ Debt Charges -$ -$ -$ -$ -$ -$ -$ Transfer to Water Capital Reserve 4,100,000$ 5,008,932$ 5,214,840$ 5,432,288$ 5,657,391$ 5,890,394$ 6,107,073$ Other Expenses 704,601$ 718,693$ 733,067$ 747,728$ 762,683$ 777,936$ 793,495$ Total Expenses 20,714,878$ 21,797,683$ 22,549,342$ 23,331,435$ 24,140,760$ 24,978,265$ 25,820,460$ Page 330 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 26 Summary of Wastewater Operating Budget Forecast The following table reflects the wastewater operating budget forecast. There is a need to gradually increase capital reserve contributions however in 2019 there is a significant increase in regional costs therefore in consideration of ratepayer affordability the capital contribution was not increased. A gradual increase to the reserve was made commencing in 2020 and onwards. Wastewater 2018 Budget 2019 2020 2021 2022 2023 2024 Revenues Wastewater - Fixed Revenue 8,348,801$ 8,565,599$ 9,065,940$ 9,594,841$ 10,151,020$ 10,741,779$ 11,371,117$ Wastewater - Volumetric Revenue 13,807,113$ 15,074,762$ 15,874,640$ 16,717,471$ 17,600,576$ 18,536,154$ 19,517,103$ Other Revenues 1,046,117$ 1,021,855$ 998,399$ 973,465$ 949,338$ 925,258$ 901,696$ Total Revenues 23,202,031$ 24,662,215$ 25,938,979$ 27,285,777$ 28,700,933$ 30,203,191$ 31,789,916$ Expenses Regional Costs 13,310,667$ 14,727,578$ 15,611,233$ 16,547,907$ 17,540,781$ 18,593,228$ 19,708,822$ Salaries, Wages, Benefits 1,210,937$ 1,235,156$ 1,259,859$ 1,285,056$ 1,310,757$ 1,336,972$ 1,363,712$ Contracted Services 2,287,000$ 2,332,740$ 2,379,395$ 2,426,983$ 2,475,522$ 2,525,033$ 2,575,533$ Materials 267,250$ 272,595$ 278,047$ 283,608$ 289,280$ 295,066$ 300,967$ Debt Charges 936,117$ 909,655$ 883,955$ 856,732$ 830,270$ 803,809$ 777,819$ Transfer to WW Capital Reserve 4,730,000$ 4,715,230$ 5,047,844$ 5,397,272$ 5,756,339$ 6,141,140$ 6,544,961$ Other Expenses 460,060$ 469,261$ 478,646$ 488,219$ 497,984$ 507,943$ 518,102$ Total Expenses 23,202,031$ 24,662,215$ 25,938,979$ 27,285,777$ 28,700,933$ 30,203,191$ 31,789,916$ Page 331 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 27 Reporting Requirements O. Reg 453/07 Page 332 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 28  Statement of Financial Operations—This statement summarizes the revenues and expenditures. The expenditures include ongoing operating costs plus asset amortization. This statement indicates that the system and its asset base are projected to be maintained with funds being available each year for future capital renewal or major maintenance. As shown in the statement of financial operations and in the graph below, the City is generating excess revenues over expenses including amortization for water, for the first six years.  Cash Receipts or Gross Cash Payments (Cash Flows) —The cash flow statement summarizes how the water system is expected to generate and utilize cash resources. The transactions that generate and use cash include the projection of cash to be received from revenues, cash to be used for operating expenditures and financing charges, cash projected to be used to acquire capital assets and projected financial transactions that are the proceeds from debt or debt principal repayment. Cash balances are positive throughout the forecast period, as reflected in the Financial Statements.  Net Financial Assets—An important feature of a water system is its net financial assets. A positive number indicates that the system has the resources to deal with future capital and other needs. A negative number indicates that past capital and other investments must be financed from future revenues. No debt was anticipated throughout the term. The City’s net financial assets remain positive throughout the forecast period. Water Financial Plan—O.Reg. 453/07 The Financial Plan has been prepared in accordance with the regulation (O.Reg. 453/07) made under the Safe Drinking Water Act. The Financial Plan regulation requires that the plans be updated every five years along with the request for the renewal of the drinking water licence. This ongoing update will assist in revisiting the assumptions made to develop the operating and funding plans as well as reassessing the needs for capital renewal and major maintenance expenses. $3,000,000 $3,200,000 $3,400,000 $3,600,000 $3,800,000 $4,000,000 $4,200,000 2019 2020 2021 2022 2023 2024 Water Annual Surplus Page 333 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 29  Accumulated Surplus—Another financial indicator that is reflected in the financial position statement is the accumulated surplus. This indicator represents cash on hand plus the net book value of tangible capital assets less debt. The accumulated surplus is forecast to increase from 2019 to 2024, as shown below and in the Statement of Financial Position.  Tangible Capital Assets (Net Book Value) - Water systems have a great deal of resources tied up in tangible capital assets and managing these assets is critical to maintaining current and future levels of service. An increase in net book value of tangible capital assets is an indication that assets have been renewed faster than they were used. A decrease in net book value indicates that assets are being used, or amortized, faster than they are renewed. The net book value is projected to increase for water, from $75.9 million in 2019 to $89.7 million in 2024. $65,000,000 $70,000,000 $75,000,000 $80,000,000 $85,000,000 $90,000,000 $95,000,000 2019 2020 2021 2022 2023 2024 Water Net Book Value $70,000,000 $75,000,000 $80,000,000 $85,000,000 $90,000,000 $95,000,000 $100,000,000 2019 2020 2021 2022 2023 2024 Water Accumulated Surplus Page 334 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 30 Statement of Financial Operations—Water 2019 2020 2021 2022 2023 2024 Revenues Rate and Fixed Revenues 21,331,451$ 22,073,785$ 22,846,368$ 23,645,991$ 24,473,600$ 25,305,703$ Other revenues 466,232$ 475,556$ 485,068$ 494,769$ 504,664$ 514,758$ Interest Earnings 140,024$ 142,824$ 145,681$ 148,595$ 151,566$ 154,598$ Total revenues 21,937,707$ 22,692,166$ 23,477,116$ 24,289,354$ 25,129,831$ 25,975,058$ Operating Expenses Salaries & Benefits 2,698,708$ 2,752,682$ 2,807,736$ 2,863,890$ 2,921,168$ 2,979,592$ Regional Water Fixed 8,730,740$ 9,062,508$ 9,406,883$ 9,764,345$ 10,135,390$ 10,520,535$ Regional Water Volumetic 2,934,620$ 3,046,136$ 3,161,889$ 3,282,040$ 3,406,758$ 3,536,215$ Contracted Services 848,844$ 865,821$ 883,137$ 900,800$ 918,816$ 937,192$ Material 775,546$ 791,057$ 806,878$ 823,015$ 839,476$ 856,265$ Other Expenses 800,293$ 816,299$ 832,625$ 849,277$ 866,263$ 883,588$ Total Operating expenses 16,788,751$ 17,334,502$ 17,899,148$ 18,483,369$ 19,087,871$ 19,713,387$ Debt Charges Debt Charges - Interest Expenses -$ -$ -$ -$ -$ -$ Amortization Expense Amortization of tangible capital assets 1,688,021$ 1,774,935$ 1,865,473$ 1,959,763$ 2,057,936$ 2,159,721$ Total Expenses 18,476,772$ 19,109,437$ 19,764,621$ 20,443,132$ 21,145,807$ 21,873,108$ Annual Surplus/Deficit 3,460,935$ 3,582,729$ 3,712,495$ 3,846,222$ 3,984,024$ 4,101,950$ Projected Page 335 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 31 Statement of Cash Flow/Cash Receipts—Water 2019 2020 2021 2022 2023 2024 Total Revenues 21,937,707$ 22,692,166$ 23,477,116$ 24,289,354$ 25,129,831$ 25,975,058$ Cash Paid For Operating Costs 16,788,751$ 17,334,502$ 17,899,148$ 18,483,369$ 19,087,871$ 19,713,387$ Debt Repayment - Debt Interest -$ -$ -$ -$ -$ -$ Cash Provided from Operating Transactions 5,148,956$ 5,357,664$ 5,577,968$ 5,805,985$ 6,041,960$ 6,261,671$ Capital Transactions Acquisition of TCA 5,008,932$ 5,214,840$ 5,432,288$ 5,657,391$ 5,890,394$ 6,107,073$ Finance Transactions Proceeds from Grants and Subsidies Proceeds from Debt Issuance -$ -$ -$ -$ -$ -$ Proceeds from DCs -$ -$ -$ -$ -$ -$ Debt Principal Repayment -$ -$ -$ -$ -$ -$ Increase/(Decrease) in Cash Equivalents 140,024$ 142,824$ 145,681$ 148,595$ 151,566$ 154,598$ Cash and Cash Equivalents at Beginning Balance 7,001,199$ 7,141,223$ 7,284,048$ 7,429,729$ 7,578,323$ 7,729,890$ Cash and Cash Equivalents at Ending Balance 7,141,223$ 7,284,048$ 7,429,729$ 7,578,323$ 7,729,890$ 7,884,488$ Projected Page 336 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 32 Statement of Financial Position—Water 2019 2020 2021 2022 2023 2024 Financial Assets Cash 7,141,223$ 7,284,048$ 7,429,729$ 7,578,323$ 7,729,890$ 7,884,488$ Liabilities Debt - Principal Outstanding -$ -$ -$ -$ -$ -$ Net Financial Assets 7,141,223$ 7,284,048$ 7,429,729$ 7,578,323$ 7,729,890$ 7,884,488$ Non-Financial Assets Tangible Capital Assets 121,274,039$ 121,997,931$ 127,006,863$ 132,221,702$ 137,653,990$ 143,311,381$ Additions to Tangible Capital Assets 5,008,932$ 5,214,840$ 5,432,288$ 5,657,391$ 5,890,394$ 6,107,073$ Accumulated Amortization 50,376,656$ 52,064,677$ 53,839,612$ 55,705,085$ 57,664,848$ 59,722,784$ Total Non-Financial Assets 75,906,315$ 75,148,093$ 78,599,538$ 82,174,008$ 85,879,535$ 89,695,669$ Accumulated Surplus 83,047,538$ 82,432,141$ 86,029,267$ 89,752,331$ 93,609,425$ 97,580,157$ Cash as a % of Non-Financial Assets 9.4% 9.7% 9.5% 9.2% 9.0% 8.8% Debt as a % of Non-Financial Assets 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Projected Page 337 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 33  Statement of Financial Operations—This statement summarizes the revenues and expenditures. The expenditures include ongoing operating costs plus asset amortization. This statement indicates that the system and its asset base are projected to be maintained with funds being available each year for future capital renewal or major maintenance. As shown in the statement of financial operations and in the graph below, the City is generating excess revenues commencing in 2024.  Cash Receipts or Gross Cash Payments (Cash Flows) —The cash flow statement summarizes how the water system is expected to generate and utilize cash resources. The transactions that generate and use cash include the projection of cash to be received from revenues, cash to be used for operating expenditures and financing charges, cash projected to be used to acquire capital assets and projected financial transactions that are the proceeds from debt or debt principal repayment.  Net Financial Assets—An important feature of a wastewater system is its net financial assets. A positive number indicates that the system has the resources to deal with future capital and other needs. A negative number indicates that past capital and other investments must be financed from future revenues. Wastewater net financial assets are in a negative position throughout the forecast but is improving. No debt was anticipated throughout the term. Wastewater Financial Plan—O.Reg. 453/07 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 2019 2020 2021 2022 2023 2024 Wastewater Annual Surplus Page 338 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 34  Accumulated Surplus—Another financial indicator that is reflected in the financial position statement is the accumulated surplus. This indicator represents cash on hand plus the net book value of tangible capital assets less debt. The accumulated surplus is forecast is shown below and in the Statement of Financial Position.  Tangible Capital Assets (Net Book Value) - Wastewater systems have a great deal of resources tied up in tangible capital assets and managing these assets is critical to maintaining current and future levels of service. An increase in net book value of tangible capital assets is an indication that assets have been renewed faster than they were used. A decrease in net book value indicates that assets are being used, or amortized, faster than they are renewed. The net book value is projected to increase for wastewater, from $80.2 million in 2019 to $96.4 million in 2024. $- $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 2019 2020 2021 2022 2023 2024 Wastewater Accumulated Surplus $- $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 2019 2020 2021 2022 2023 2024 Wastewater Net Book Value Page 339 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 35 Statement of Financial Operations—Wastewater 2019 2020 2021 2022 2023 2024 Revenues Rate and Fixed Revenues 23,640,360$ 24,940,580$ 26,312,312$ 27,751,595$ 29,277,933$ 30,888,219$ Other revenues 112,200$ 114,444$ 116,733$ 119,068$ 121,449$ 123,878$ Interest Earnings 163,350$ 166,617$ 169,949$ 173,348$ 176,815$ 180,352$ DC Revenues 909,655$ 883,955$ 856,732$ 830,270$ 803,809$ 777,819$ Total revenues 24,825,565$ 26,105,596$ 27,455,726$ 28,874,282$ 30,380,006$ 31,970,268$ Operating Expenses Salaries & Benefits 1,196,396$ 1,220,324$ 1,244,730$ 1,269,625$ 1,295,017$ 1,320,918$ Regional Sewer Fixed 15,532,392$ 15,611,233$ 16,547,907$ 17,540,781$ 18,593,228$ 19,708,822$ Contracted Services 2,332,740$ 2,379,395$ 2,426,983$ 2,475,522$ 2,525,033$ 2,575,533$ Material 272,595$ 278,047$ 283,608$ 289,280$ 295,066$ 300,967$ Other Expenses 508,021$ 518,182$ 528,545$ 539,116$ 549,898$ 560,896$ Total Operating expenses 19,842,144$ 20,007,180$ 21,031,773$ 22,114,324$ 23,258,242$ 24,467,136$ Debt Charges Debt Charges - Interest Expenses 310,978$ 285,277$ 258,054$ 231,593$ 205,131$ 179,141$ Amortization Expense Amortization of tangible capital assets 2,265,403$ 2,349,534$ 2,439,488$ 2,535,427$ 2,637,780$ 2,746,862$ Total Expenses 22,418,525$ 22,641,991$ 23,729,315$ 24,881,344$ 26,101,153$ 27,393,139$ Annual Surplus/Deficit 2,407,041$ 3,463,605$ 3,726,411$ 3,992,937$ 4,278,853$ 4,577,128$ Projected Page 340 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 36 Statement of Cash Flow/Cash Receipts—Wastewater 2019 2020 2021 2022 2023 2024 Total Revenues 24,825,565$ 26,105,596$ 27,455,726$ 28,874,282$ 30,380,006$ 31,970,268$ Cash Paid For Operating Costs 19,842,144$ 20,007,180$ 21,031,773$ 22,114,324$ 23,258,242$ 24,467,136$ Debt Repayment - Debt Interest 310,978$ 285,277$ 258,054$ 231,593$ 205,131$ 179,141$ Cash Provided from Operating Transactions 4,672,444$ 5,813,139$ 6,165,899$ 6,528,365$ 6,916,633$ 7,323,991$ Capital Transactions Acquisition of TCA 4,715,230$ 5,047,844$ 5,397,272$ 5,756,339$ 6,141,140$ 6,544,961$ Finance Transactions Proceeds from Grants and Subsidies Proceeds from Debt Issuance -$ -$ -$ -$ -$ -$ Proceeds from DCs -$ -$ -$ -$ -$ -$ Debt Principal Repayment 598,678$ 598,678$ 598,678$ 598,678$ 598,678$ 598,678$ Increase/(Descrease) in Cash Equivalents (641,464)$ 166,617$ 169,949$ 173,348$ 176,815$ 180,352$ Cash and Cash Equivalents at Beginning Balance 8,972,318$ 8,330,854$ 8,497,471$ 8,667,421$ 8,840,769$ 9,017,584$ Cash and Cash Equivalents at Ending Balance 8,330,854$ 8,497,471$ 8,667,421$ 8,840,769$ 9,017,584$ 9,197,936$ Projected Page 341 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 37 Statement of Financial Position—Wastewater 2019 2020 2021 2022 2023 2024 Financial Assets Cash 8,330,854$ 8,497,471$ 8,667,421$ 8,840,769$ 9,017,584$ 9,197,936$ Liabilities Debt - Principal Outstanding 6,585,453$ 5,986,775$ 5,388,098$ 4,789,420$ 4,190,743$ 3,592,065$ Net Financial Assets 1,745,402$ 2,510,696$ 3,279,323$ 4,051,349$ 4,826,842$ 5,605,871$ Non-Financial Assets Tangible Capital Assets 161,311,364$ 166,026,594$ 171,074,439$ 176,471,711$ 182,228,050$ 188,369,190$ Additions to Tangible Capital Assets 4,715,230$ 5,047,844$ 5,397,272$ 5,756,339$ 6,141,140$ 6,544,961$ Accumulated Amortization 85,846,667$ 88,196,201$ 90,635,689$ 93,171,116$ 95,808,896$ 98,555,758$ Total Non-Financial Assets 80,179,927$ 82,878,238$ 85,836,022$ 89,056,933$ 92,560,294$ 96,358,393$ Accumulated Surplus 81,925,329$ 85,388,934$ 89,115,345$ 93,108,282$ 97,387,136$ 101,964,264$ Cash as a % of Non-Financial Assets 10.4% 10.3% 10.1% 9.9% 9.7% 9.5% Debt as a % of Non-Financial Assets 8.2% 7.2% 6.3% 5.4% 4.5% 3.7% Projected Page 342 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 38 Statement of Financial Operations—Water and Wastewater—Consolidated 2019 2020 2021 2022 2023 2024 Revenues Rate and Fixed Revenues 44,971,811$ 47,014,365$ 49,158,680$ 51,397,586$ 53,751,533$ 56,193,922$ Other revenues 578,432$ 590,000$ 601,800$ 613,836$ 626,113$ 638,635$ Interest Earnings 303,374$ 309,442$ 315,630$ 321,943$ 328,382$ 334,949$ DC Revenues 909,655$ 883,955$ 856,732$ 830,270$ 803,809$ 777,819$ Total revenues 46,763,272$ 48,797,762$ 50,932,842$ 53,163,636$ 55,509,837$ 57,945,326$ Operating Expenses Salaries & Benefits 3,895,104$ 3,973,006$ 4,052,466$ 4,133,515$ 4,216,185$ 4,300,509$ Regional Water Fixed 8,730,740$ 9,062,508$ 9,406,883$ 9,764,345$ 10,135,390$ 10,520,535$ Regional Water Volumetic 2,934,620$ 3,046,136$ 3,161,889$ 3,282,040$ 3,406,758$ 3,536,215$ Regional Sewer Fixed 15,532,392$ 15,611,233$ 16,547,907$ 17,540,781$ 18,593,228$ 19,708,822$ Contracted Services 3,181,584$ 3,245,216$ 3,310,120$ 3,376,322$ 3,443,849$ 3,512,726$ Material 1,048,141$ 1,069,104$ 1,090,486$ 1,112,295$ 1,134,541$ 1,157,232$ Other Expenses 1,308,314$ 1,334,481$ 1,361,170$ 1,388,394$ 1,416,161$ 1,444,485$ Total Operating expenses 36,630,895$ 37,341,682$ 38,930,920$ 40,597,693$ 42,346,113$ 44,180,523$ Debt Charges Debt Charges - Interest Expenses 310,978$ 285,277$ 258,054$ 231,593$ 205,131$ 179,141$ Amortization Expense Amortization of tangible capital assets 3,953,424$ 4,124,469$ 4,304,961$ 4,495,190$ 4,695,716$ 4,906,583$ Total Expenses 40,895,296$ 41,751,428$ 43,493,936$ 45,324,476$ 47,246,960$ 49,266,247$ Annual Surplus/Deficit 5,867,976$ 7,046,334$ 7,438,906$ 7,839,160$ 8,262,877$ 8,679,079$ Projected Page 343 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 39 Statement of Cash Flow/Cash Receipts—Water and Wastewater—Consolidated 2019 2020 2021 2022 2023 2024 Total Revenues 46,763,272$ 48,797,762$ 50,932,842$ 53,163,636$ 55,509,837$ 57,945,326$ Cash Paid For Operating Costs 36,630,895$ 37,341,682$ 38,930,920$ 40,597,693$ 42,346,113$ 44,180,523$ Debt Repayment - Debt Interest 310,978$ 285,277$ 258,054$ 231,593$ 205,131$ 179,141$ Cash Provided from Operating Transactions 9,821,400$ 11,170,803$ 11,743,868$ 12,334,350$ 12,958,593$ 13,585,662$ Capital Transactions Acquisition of TCA 9,724,162$ 10,262,684$ 10,829,560$ 11,413,730$ 12,031,534$ 12,652,035$ Finance Transactions Proceeds from Grants and Subsidies -$ -$ -$ -$ -$ -$ Proceeds from Debt Issuance -$ -$ -$ -$ -$ -$ Proceeds from DCs -$ -$ -$ -$ -$ -$ Debt Principal Repayment 598,678$ 598,678$ 598,678$ 598,678$ 598,678$ 598,678$ Increase/(Decrease) in Cash Equivalents (501,440)$ 309,442$ 315,630$ 321,943$ 328,382$ 334,949$ Cash and Cash Equivalents at Beginning Balance 15,973,517$ 15,472,077$ 15,781,519$ 16,097,149$ 16,419,092$ 16,747,474$ Cash and Cash Equivalents at Ending Balance 15,472,077$ 15,781,519$ 16,097,149$ 16,419,092$ 16,747,474$ 17,082,424$ Projected Page 344 of 737 Water and Wastewater Financial Plan—O. Reg 453/07 40 Statement of Financial Position—Water and Wastewater—Consolidated 2019 2020 2021 2022 2023 2024 Financial Assets Cash 15,472,077$ 15,781,519$ 16,097,149$ 16,419,092$ 16,747,474$ 17,082,424$ Liabilities Debt - Principal Outstanding 6,585,453$ 5,986,775$ 5,388,098$ 4,789,420$ 4,190,743$ 3,592,065$ Net Financial Assets 8,886,625$ 9,794,744$ 10,709,052$ 11,629,672$ 12,556,732$ 13,490,359$ Non-Financial Assets Tangible Capital Assets 282,585,403$ 288,024,525$ 298,081,301$ 308,693,413$ 319,882,039$ 331,680,570$ Additions to Tangible Capital Assets 9,724,162$ 10,262,684$ 10,829,560$ 11,413,730$ 12,031,534$ 12,652,035$ Accumulated Amortization 136,223,323$ 140,260,878$ 144,475,301$ 148,876,201$ 153,473,744$ 158,278,543$ Total Non-Financial Assets 156,086,242$ 158,026,331$ 164,435,560$ 171,230,941$ 178,439,829$ 186,054,062$ Accumulated Surplus 164,972,867$ 167,821,075$ 175,144,612$ 182,860,614$ 190,996,561$ 199,544,421$ Cash as a % of Non-Financial Assets 9.9% 10.0% 9.8% 9.6% 9.4% 9.2% Debt as a % of Non-Financial Assets 4.2% 3.8% 3.3% 2.8% 2.3% 1.9% Projected Page 345 of 737 April 9, 2019 Niagara Falls Water System Overview Page 346 of 737 Niagara Falls Drinking Water System Overview City owned infrastructure Municipal drinking water licensing program Compliance and Conformance To learn more go to www.ontario.ca: Taking Care Of Your Drinking Water: A Guide for Members of Municipal CouncilPage 347 of 737 467.90 KM of Watermain 4,902 Watermain Valves 3,141Fire Hydrants Over 30,000 Curb Stops/ Shut Off Valves Summary of City Owned Infrastructure Page 348 of 737 Two-Tier Water System The City is responsible for watermain, services and appurtenances with the Municipal right of way. This also includes the water meter located within a building. City of Niagara FallsRegion of Niagara The Region of Niagara is responsible for water treatment, elevated tanks, reservoirs and large diameter transmission watermainPage 349 of 737 City Owned Infrastructure The City is responsible for watermain, services and appurtenances with the Municipal right of way. This also includes the water meter located within a building. Hydrant Water Service Water Valve Watermain Curb stop Page 350 of 737 87 Watermain Breaks 1,395 Free Chlorine Samples Taken 1,204 Microbiological Samples Taken Summary of Maintenance on City Owned Infrastructure Page 351 of 737 Roles and Responsibilities Owner (Mayor, Council and CAO) Drinking Water License Holder Overseeing the drinking-water system Provision of infrastructure Ensure compliance with legislation Receive various information reports and memorandums Page 352 of 737 Organizational Chart Operating Authority Mayor and Council Chief Administrative Officer Director, Municipal Works (Top Management) Manager of Environmental Services (Top Management) ES Supervisor –Water Operations Water Operations Staff ES Supervisor – Water Operations Water Operations Staff ES Supervisor -ORO Water Operations Staff DWQMS Coordinator (QMS Representative) Owner Page 353 of 737 What is the Municipal Drinking Water License Program? Created under the Safe Drinking Water Act (2002)the program consists of several legislative components: •A Permit to take water (required when drawing +50,000L daily) •Drinking water works permit •Financial plan •Accredited Operational Plan and Operating Authority (Drinking Water Quality Management System)Page 354 of 737 Drinking Water Quality Management System The Drinking Water Quality Management System (DWQMS) Standard is a collection of 21 elements that encompass the operation and maintenance of the drinking water system. Similar to other quality standards (ISO 9001, ISO 14001) Key Elements Include: Establish and endorse DWQMS Operational Plan Define roles and responsibilities Establish and test drinking water emergency response process Conduct internal audits How the City addresses the 21 elements in the Standard is outlined in the City’s Operational PlanPage 355 of 737 DWQMS Accreditation Annually the DWQMS is audited both internally and externally. City of Niagara Falls DWQMS is accredited by NSF-International Page 356 of 737 Annual Inspection by MECP, ensuring compliance with Safe Drinking Water Act, 2002 Ministry of the Environment Conservation and Parks Annual Inspection Inspections are 2-3 days on site, plus additional information request. Total process up to 4 weeks 2018 City of Niagara Falls received 100% compliance rating Page 357 of 737 Questions?Page 358 of 737 MW-2019-12 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2019-12 Water Meter Replacement Program RECOMMENDATION That Council authorizes staff to enter into contract negotiations with Neptune Technology Inc. and/or Evans Supply Limited, the sole supplier of Neptune Water meters, to negotiate a Water Meter Replacement Project, subject to a report back to Council for financial approval. EXECUTIVE SUMMARY A City wide residential water meter installation took place beginning in 1999 and ending in 2001. Since then residential water meters have been replaced on an as needed basis. This need is identified during the billing cycle where a meter reading cannot take place, or when there is zero consumption on a meter indicating that the meter register has stopped working. The average service life for a residential water meter ranges from 15 to 20 years. This is based on a variety of factors including usage and water chemistry. As age increases, meter accuracy decreases. Without accurate water meters, consumption cannot be recorded properly, creating an apparent loss of water within the water distribution system . The City’s residential water meters are approaching 20 years old and replacement is required. BACKGROUND Since 1999 when residential metering began, the City has been working with Neptune Technology Inc. (formerly Schlumberger) and Evans Supply Limited for water meters, hand held meter reading devices, and technical and administrative support. Page 359 of 737 April 9, 2019 - 2 - MW-2019-12 As water meters age, they begin to become less accurate. An accurate water meter is critical in ensuring the actual amount of consumption being used by a property is recorded accurately. Water meters have an expected service life of between 15 and 20 years. Currently, there are approximately 30,000 typical domestic water meters sized 1.5” (38 mm) and less in Niagara Falls. Environmental Services staff replace water meters that have been found to be inoperative or damaged. All water meters being installed in the City are now radio frequency (RF) water meters which can be read from a distance, these meters can provide City staff with detailed consumption data for a 90 day period. To date, approximately 1,100 RF water meters sized 1.5” and less are currently in service in the City. ANALYSIS/RATIONALE Concluding in 2015, the City of Port Colborne did a study on the accuracy of their water meters over a 3 year period. At that point, their meters were all approaching 20 years in service. They found that on average the water meters were 92% accurate at the most commonly used household flow rate. This 8% reduction in accuracy translates to 1.4m 3, per meter per month. Applying Port Colborne’s testing results of potential unregistered consumption of 1.4m 3 per meter per month to Niagara Falls approximately 30,000 domestic water meters, results in potential unregistered consumption of 42,000 m3, or the monetary equivalent of $92,820 per month. In the third quarter of 2018, City staff met with the current water meter manufa cturer (Neptune Technology Inc.) and its distributor Evans Supply Limited to review options for domestic water meter replacements. Neptune Technology Inc. offers a complete turnkey service for a water meter replacement program, including public information sessions, appointment scheduling and set up (over the phone or online), complete documentation of the old meter and newly installed meter in a format tha t can be imported into our existing billing software. To date, Neptune Technology Inc. has provided turnkey meter replacement service to the following local Municipalities: 1. City of Port Colborne 2. Town of Grimsby 3. Town of Pelham 4. Town of Fort Erie Page 360 of 737 April 9, 2019 - 3 - MW-2019-12 FINANCIAL IMPLICATIONS The approved capital budget for this program is $12,128,289 funded over the next four years (2109 to 2022). Based on current rates the City pays for domestic water meters from Neptune Technology Inc., the budget should be sufficient. Competing water meter technologies/manufacturers cannot be easily integrated into each other. Different systems can work with other systems; however, they are not designed to work as a single unit. Each different water meter technology/manufacturers has its own meter reading equipment, software packages and billing system integration packages. If Council wishes staff to issue a request for proposal (RFP) for a turn key domestic water meter replacement program, in the event a different technology/manufacturer is the successful bidder the City would need to replace the remaining larger water meters, reading equipment and software in order for the City to be on a single water meter manufacturer. CITY’S STRATEGIC COMMITMENT The recommendation in this report is consistent with Council’s strategic commitment to continually monitor the efficiency and effectiveness of the City’s operations. Recommended by: Kent Schachowskoj, Acting Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer James Sticca/Kent Schachowskoj Page 361 of 737 MW-2019-13 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2019-13 Water Conservation Programs RECOMMENDATION That Council authorize the following recommended modifications related to the administration and content of the City’s W ater Conservation Programs: 1. That the current bi-annual Rain Barrel Sale be changed to an annual Rebate program and administered jointly by the Municipal Works and Finance departments. 2. That the Alert Labs “Flowie” pilot rebate program be implemented and added to the suite of Water Conservation Programs being offered by the City. 3. That staff be directed to develop a means to review and assess the benefits and participation in the various Water Conservation programs over the remainder of 2019. Further, that an annual report be provided regarding the ongoing effectiveness of the various component programs, including recommendations on any modifications or additions to them. EXECUTIVE SUMMARY The City of Niagara Falls currently operates two separate programs under its Water Conservation umbrella: a bi-annual rain barrel sale and a low-flow toilet replacement rebate program. In order to realize efficiencies in the administration of these programs it is recommended that the bi-annual rain barrel sale be changed to an annual rain barrel rebate program and administered in parallel with the low-flow toilet rebate program. Both rebate programs would operate primarily through on -line applications for rebate of qualifying purchases by City of Niagara Fall’s residents and property owners. It is also recommended that the pilot Alert Labs Flowie rebate program be introduced and added to the suite of Water Conservation programs currently offered. Staff would monitor and assess the effectiveness of the modified programs and provide annual reporting on how they could be modified to best serve the intent of the programs and/or introduce potential additions for consideration. Page 362 of 737 2 MW-2019-13 April 9, 2019 BACKGROUND The efficient use of water can provide environmental, public health and economic benefits to a municipality through improvements in water quality, protection of drinking water sources and aquatic ecosystems. Measures that decrease potable water demand also reduce the loading on municipal water and wastewater related infrastructure, increasing effective network capacity. It also serves to reduce our carbon footprint. Governments at all levels support and endorse public water conservations efforts in various ways; from rebate incentive programs to public education campaigns. The City of Niagara Falls has actively promoted and supported water conservation efforts for a number of years. Since 2002 the Municipal Works department, working in collaboration with Recreation & Culture, has been offering a Bi-Annual Rain Barrel sale, typically scheduled to coincide with Earth Day observances. The one day sale was open to Niagara Falls residents to purchase subsidized Rain Barrels provided by the City. The use of Rain barrels is to encourage reduced potable water usage for lawn and garden watering. The sales were initially and generally have been well received and in total approximately 7,500 rain barrels have been sold in the sales since 2002. In 2011, Municipal Works launched a Pilot Water Conservation Program combining the already successful Rain Barrel sale with a Low-Flow Toilet Replacement Rebate program. The purpose was to promote residents to replace their older less efficient toilets with new High-Efficiency toilets that typically uses 40% or less potable water per flush. The Rebate program provides a subsidy of $60 towards the purchase price of a high-efficiency toilet upon providing proof of purchase of a qualifying US EPA WaterSense labeled model (maximum 2 per household). This program has been jointly administered by the Municipal Works and Finance departments annually since 2011. Both components of the current Water Conservation Program are actively promoted through various activities sponsored by our Recreation and Culture department (such as the My City Guide), as well as through the City’s website and other advertising methods. Alert Labs Flowie In 2018, the Environmental Services staff performed a small pilot project on City facilities using the Alert Lab “Flowie”. The Flowie is a flow sensor device that is attached to a water meter that allows the user minute by minute water consumption information via an app on their phone or secure website. This device is not meant to be used for water billing or bill dispute resolution but rather a method of allowing a resident or property owner information about their water consumption at their finge rtips. The Flowie provides email or text notification to the user if water is continually being used; it also notifies the user if the ambient temperature around the device drops below 4° C to alert the user to a possible freezing condition. Page 363 of 737 3 MW-2019-13 April 9, 2019 The information the Flowie records, then helps the user understand how much water is consumed and when, via easy to follow graphs. For example if everyone in a household reduces shower time by 5 minutes every Wednesday, the Flowie will graph the usage patterns to illustrate how much water is being conserved by making that choice. During the pilot program Staff has been alerted to situations in City facilities where a toilet was left running or a tap was left partially open. In these cases, the information was received by Staff and relayed to the facility. W ithin minutes of correcting the issue a notification was received from the Flowie via a text message informing staff that the water usage has stopped. ANALYSIS/RATIONALE The City’s Rain Barrel sales have been one day events taking place bi-annually since 2009. Once the funding for the sale is approved and the sale announced, City staff would begin taking advance orders for Rain barrels from residents that would be sold at a subsidized price on a first-come-first served basis. The pre-sale would continue up until the amount budgeted for was achieved. Any subsequent orders would end up on a waiting list to receive a courtesy call-back before the next sale to determine if they were still interested. The one day sale would be held where residents who completed the advance order would pick up the rain barrels and pay for them. There is no inventory kept in stock, the rain barrels are sold directly off the delivery truck. The sale involves a number of staff who takes and records the pre-sale orders, complete the bulk purchase of the ordered Rain barrels, and then provide assistance the day of the sale with delivery to resident’s vehicles. The City can only offer one size and type of barrel, as the logistics of offering multiple options would create too much additional administration requirements, and storage space is unavailable. Additionally, since 2009 sales have dropped from 750 to 324 barrels per sale. The generated waiting list demand has fluctuated over the years and more recently has greatly reduced from 130 going into the 2017 sale to a current confirmed waiting list of 1 person. In an effort to streamline administration of this program and allow the resident more choice and flexibility, it is proposed to modify the Rain Barrel program to operate as a Rebate, similar to the current Low-Flow Toilet Rebate program. The resident would apply on-line for a rebate of 50% (up to $50.00) of the purchase price of a qualifying Rain Barrel from any Canadian retailer. This allows the resident to purchase the rain barrel at their convenience and choose from a wider selection of barrel styles and sizes. Staff have researched a number of municipalities across North America and many offer rebate programs, although there are still some that run annual or ongoing sales. With the process already in place for the Low-Flow toilet Rebate program, it is a much more effective use of staff resources to run a parallel rebate program for rain barrels. The proposed Flowie pilot program would be administered in cooperation with Alert labs as a promotion. Interested residents would purchase the device on -line through the Alert Labs web-site. Utilizing a City of Niagara Falls promotional code, the resident would pay Page 364 of 737 4 MW-2019-13 April 9, 2019 a discounted rate of $240 (2019 prices) for the device, which includes one year of the monitoring service. The City would be billed our portion directly by Alert Labs for all qualifying purchases (those with a valid City of Niagara Falls Water account). The resident would be responsible for renewing and paying for any monitoring service fees beyond the introductory one year period. Other Municipalities such as the City of Guelph and the City of Welland have included the device in their water conservation programs by offering a similar Rebate program. Staff wishes to include the Flowie as part of the 2019 water conservation programs on a pilot basis, and offer a rebate for properties in Niagara Falls, subject to the 2019 Utility budget considerations. Upon implementation of the proposed modifications, it is staff’s intention to review and assess the effectiveness of the various programs, from both a participation and benefits determination perspective. A follow up report will be prepared for Council’s review in late 2019 showing outcomes of the modifications implemented, with recommendations regarding potential changes, if necessary. The intent would be to report on the various Water Conservation programs annually and to continue to monitor its effectiveness and research potential additions to the programs. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The current budget requests, for 2019, for the various component programs are as follows:  Low-Flow Toilet Replacement Rebate Program - $20,000 (up to 333 units)  Rain Barrel Rebate Program - $15,000 (up to 300 units)  Alert Labs Flow Rebate Program - $20,000 (up to 133 units) The total amount for all the Water Conservation programs ($55,000) would be funded through the City’s Utility budget for Water System Research and Development. CITY’S STRATEGIC COMMITMENT This project and recommendation are in keeping with Council’s Strategic priorities for:  Infrastructure Sustainability (system capacity to accommodate growth);  Organizational Efficiency & Effectiveness (Reduce the Municipality’s carbon footprint) Recommended by: Kent Schachowskoj, Acting Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Page 365 of 737 CD-2019-04 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: City Clerk SUBJECT: CD-2019-04 Licensing of Commercial Parking Lots for 2019 RECOMMENDATION That Council receive the report for information and direct staff to enforce the applicable Commercial Parking Lot licensing by-laws for 2019. EXECUTIVE SUMMARY Niagara Falls City Council previously approved report L-2017-27, Commercial Parking Lots – Improvement Project, in November of 2017. The recommendation in that report was that Council pass an amending by-law to Schedule 11 dealing with Commercial Parking Lots, of the City’s Licensing By-law No. 2011-31, to require commercial parking lots to be paved, to clarify the required setbacks and to be drained by drainage works satisfactory to the Director of Municipal Works. In July of 2018 City Council passed a motion stating that any commercial parking lot licence application for 2018, new or existing, be required to submit proper drawings and comply with the City’s existing requirements to obtain a licence before operating, but that all lots comply fully with the City’s by-law regulating Commercial Parking Lots by May 1, 2019. BACKGROUND In April of 2018, City staff from various departments, met with several Commercial Parking Lot owners in the City to inform them of the new requirements as per the updated licencing by-law and future timelines for compliance and enforcement. Engineering & Construction requirements were presented to Commercial Parking Lot owners and they were told that they would be effective as of May 2019. These requirements included the following: Page 366 of 737 2 CD-2019-04 April 9, 2019  Parking Lots to be hard surfaced, paved with: i) Hot Mix Asphalt; or ii) Concrete  A Servicing & Grading Plan to accompany the Site Plan Drawing and must be stamped by a Professional Engineer.  Servicing & Grading Plan to include a stormwater collection and conveyance system.  A Stormwater Management Report (brief) to be prepared by a Professional Engineer. Report to demonstrate that stormwater from each lot is controlled to ‘pre-development’ condition for minor (5-year) storm events.  A Photometric Drawing prepared by a qualified consultant demonstrating illumination of lot with zero impact to neighbouring properties. It was also noted at this meeting that in 2019 the licensing by-law would be strictly enforced, that all operators must acquire a license to operate in accordance to the by- law, and that operating without a licence that conforms to the revised by-law may result in legal action and closure of the lot. As a reminder to the forthcoming tourist season, the Clerk’s Office have sent a letter to all previously licenced, and un-licenced, commercial parking lot owners to remind them of the need to apply for a 2019 commercial parking lot licence. Included in such letter was the Council amended by-law Schedule 11 that lays out the requirements of obtaining such a licence. Recently the Victoria Centre BIA has also provided staff with a letter, attached, expressing their desire to see that the amended by-law is enforced in 2019. FINANCIAL IMPLICATIONS/BUDGET IMPACT Currently, the licence fee has remained at $100 for a Commercial Parking Lot licence, which is unchanged since 2001. In 2018 staff estimated that 31 commercial parking lots were in operation. LIST OF ATTACHMENTS Appendix 1 – Report L-2017-27 Appendix 2 – Amended Schedule 11 of Licensing By-law 2001-31 Appendix 3 – Letter from VCBIA Page 367 of 737 3 CD-2019-04 April 9, 2019 Recommended by: Bill Matson, City Clerk Respectfully submitted: Ken Todd, Chief Administrative Officer Page 368 of 737 _.-~3~-~.\ 2mm.~mNH-.—.;._==mzo<m3_um_.mm.8:. n>Z.2U> mmvo?.._.O"_<_m<o«,_m3mm_<_.Qoam: msq_<_m3Umwm9._<_::_o€m_Ooc:o= mcw_s_._.._.mUms_.mom_mm_.<Emm mcwmmo?TN:.73 Oo:.:5m_.n_m__um_.E:mrow _:,_v_.o<m3m_:_u_.o_.mn.. 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EmmmmummmsmmgEm»Em<85<<___mmm_1mmm_mginmo::05.8uwonmmm22.;c<_m<<W 2:32mm_m<mQumm»_<_m<M89 Emmmmm_mocmmmsmmEm.“Emno:3Ems»3Er:Q92:2.E3m<<m<_u:m_:mmmo<<:m_.m39:. m_>.9:EHimamEmu_um_:mmoimo:3300_o:mmag<<m«mm.2;;:W:o1m__18m__vcazmmm Page 377 of 737 -2:mmS=_m<>525 23$mm__w_Q22... =_mSmm<was:=._._oom_m3_$mmaim:_.a==2 53::02::_:>§.oa__n_2_=___.8=_ o<<:mG2o:_<1229.Em3m:<no33m:n_m_E_:_%m_o.Houm..m8_.mnosmzs.8:6_u<_m<<m<<:__m 3220:53o_ .038>m33_%:.m.no_. <_nS1mnmsimm_> m8:..._8=_Ano:<m::o:933 $3m$:_m<><m::m.23%.;_um__m_.~m93 26:9mom,,u.m$mB~xSm» 9:”mom.uE.wm~m <<<<<<.._.oO¢n_§o:I___.no3 9.302I:._.U_m._.x_0._.l<_n._.Oz_>><m2cm Page 378 of 737 1 Bill Matson From:tim@vcbia.ca Sent:Wednesday, April 3, 2019 11:58 AM To:Bill Matson Cc:Eric Marcon; Chris Dabrowski Subject:Council Meeting April 9 Bill , I understand that the Commercial Parking Lot By law is on the Agenda for Tuesday April 9 2019. VCBIA would like to speak to council and show a Power Presentation reading the By-Law. Can you please confirm that we will on the agenda to speak to council ? Tim Parker Office Administrator Victoria Centre BIA Scotiabank Convention Centre 6815 Stanley Avenue, Niagara Falls L2G 3Y9 Phone: 905-357-6222 x 7234 Cell: 905-714-3828 www.TopOfCliftonHill.com CLIFTON HILL DISTRICT – VICTORIA AVENUE Page 379 of 737 PBD-2019-20 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-20 Section 20 Development Charge Act Appeal 3615 Gunning Drive Applicant: Anthony Vacca RECOMMENDATION It is recommended that Council approve the appeal by the owner of 3615 Gunning Drive and issue a full Development Charge credit for the proposed use as a single dwelling unit. BACKGROUND The applicant owns the property at 3615 Gunning Drive which is occupied by a building which previously served as the Niagara Retreat Church (Appendix 2). In 2018, the lands were rezoned to Residential 1C Density (R1C) which allowed the property to be divided into 4 lots for single dwelling units. The church building is to be retained and converted into a single dwelling unit. In reviewing the City’s Development Charges By-law 2014-87, development charges would be calculated on a portion of the building at the residential rate. The owner has appealed staff’s interpretation of the Development Charges By-law calculations (Appendix 1 – Letter dated March 6, 2019 and email March 25, 2019). Section 20 of the Development Charges By-law allows City Council to conduct a hearing on a complaint, among other things, that the credit available to be used against the development charges or the amount of the credit was incorrectly determined. Mr. Vacca has been notified of the Council meeting and his opportunity to make representation to the Council. ANALYSIS/RATIONALE In discussing the nature of the appeal with Mr. Vacca, it is his position that the building was used in various ways including a live-work unit, commercial hall, kitchen and laundry in the basement, storage space for the hall. All of these uses, he contends should be counted for DC credits. He believes when all the floor areas are considered and how they were previously used it would result in a credit which would cancel any applicable residential charges for the conversion. Staff has taken into account the various n on-residential uses which could transfer into credits and after applying the credits still calculate a difference of $1,840.92 owing. Staff recognizes there was a high intensity of use previously, whether as a hall or place of worship, when compared to the proposed residential use. Portions of the building, in Page 380 of 737 2 PBD-2019-20 April 9, 2019 addition to the uses identified, also included two sleeping rooms, kitchens and bathrooms. In this regard staff agrees, there would not be a measurable increase in demand for services when converting this building to a single dwelling unit. Further, under the definitions in the Regional Development Charges By-law, it should be noted that the change of use is exempt from Regional Development Charges. The appeal simply stated is that the applicant believes that a larger credit should be applied to the conversion rather than apportioning only part of the building with a credit. He believes the whole building should be exempt for reasons stated and would align with how the Region credits the conversion. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The proposed residential use is equivalent or less intense than the previous use. A full credit issued by the City would be consistent with a full credit issued by the Region. LIST OF ATTACHMENTS  Appendix 1 – Letter from Anthony Vacca, dated March 6, 2019 & email March 25, 2019  Appendix 2 – Photo of the Niagara Retreat Church Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Herlovitch:gd Attach. S:\PDR\2019\PBD-2019-20, Vacca, 3615 Gunning Drive, Section 20 Development Charge Act Appeal.docx Page 381 of 737 3 PBD-2019-20 April 9, 2019 APPENDIX 1 Page 382 of 737 4 PBD-2019-20 April 9, 2019 Page 383 of 737 5 PBD-2019-20 April 9, 2019 APPENDIX 2 Page 384 of 737 \\, 2mmmE_.m~u==m O>2>U> _<_m8:No.me;o >2:o:<<moom Q0830:33amU:<m z_mmm$_um__m.oz _.m®m5 _<:.<moom”m2:<_mm-3m= Wm”_um<m_ou3m_:256$ _u_mmmmUmma?a.33.36_m_no3_m_soaom8oo:33Em.”m?Em>3:o.N30Smmzsm 9.Zwmmmwm_um__m9.209.30:.mEco:<5:cmum:9“EmOo::o=mmmsamoS=:_:mEm Um<m_on3m2Osm?mm_.u.<-_m<<mm::.u._m:mm.8<9:v8_om:<m?wma055.6U:<m. >m81$Dm<m\o.o§m§.Ommwnmm>0»<0::m<mm3:10muummaUm.no_.mOo::o__mag 3&68n_.mmm:.Hm:o:. :50930:_<_mm::uo:>9:9M08amo:mnE_mn_.8mam:mmm”oo_u3.OzomQB::m<m oo3n__mqEmm:3mmmmsam_ om:_m.H<0:_3o<<<<:m6o_._Emmmmsqm.353&2<5:cm amm:<<::. :<oc:m<mm:<n_cmm:o:m.Emmmmoos?mo?SmQ:mo:<. mSom«m_<.gww w____<_m.Bo: 9.2O_m2A ..05:8 _\_\ol2=DHobmabmw3m9.<¢O5.0o=,==:::..<ma3%mmx8m-w$.83 U.__3mnmo:®:.mmmB_nm__m.nmPage 385 of 737 BY: ANTHONY VACCA, MAATO, CBCO City Development Charges By-Law Council Presentation 3615 Gunning Drive Page 386 of 737 Page 387 of 737 Page 388 of 737 Page 389 of 737 Good evening, your worship, honourable members of council, and municipal staff. My name is Anthony Vacca I reside at 8075 Oakridge Drive, Niagara Falls, ON I am here today to present a complaint about the municipality imposing a development charge as part of a building permit application for 3615 Gunning Drive as per Section 20 of the Development Charges Act where, a) the amount of the development charge was incorrectly determined; b) whether a credit is available to be used against the development charge, or the amount of the credit or the service with respect to which the credit was given, was incorrectly determined; or c)there was an error in the application of the development charge by-law.Page 390 of 737 First of all, I would like to thank all of you for hearing my complaint being brought forth to council this evening. In addition to the letter and email that has been submitted by myself to staff and presented to council, I would like to further present to you a complete interpretation of the current City Development Charges By-law 2014-87 and outline how all three (3) items, were incorrectly imposed as just mentioned. Most by-laws, building codes, and acts are all generally laid out in similar fashions. Generally, there is a preamble, an index and/or a table of contents, a scope of definitions, a set of rules, requirements and proceedures, exemptions that may apply, and finally schedules, attachments and/or guidelines.Page 391 of 737 With reference to the current City Development Charges by-law 2014-87, reading in order, the interpretation is as follows: PREAMBLE WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended, (hereinafter called the “Act”) provides that the Council of a municipality may, by by-law, impose Development Charges against land to pay for increased capital costs required because of increased needs for services arising from the development of the area to which the by-law applies.Page 392 of 737 Definitions that apply: “Act” means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended; “development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, and includes redevelopment. Notwithstanding the foregoing, development does not include temporary structures including, but not limited to, seasonal hoop structures, seasonal fabric structures, tents, or produce sales stands; “dwelling unit” means one or more rooms used, designed, or intended to be used by one or more persons as a residence and which has access to culinary and/or sanitary facilities. A “dwelling unit” does not include a Park Model Trailer conforming to National Standard of Canada #CAN/CSA -Z241.0- 92 or similar standard; “existing non-residential building” means a building that is used for or is assessed as non-residential as of the date of the application for a building permit to expand that building; “mixed-use building” means a building or structure used for both residential and non-residential use; “non-profit institution” means: (i) a registered charity as defined in subsection 248(1) of the Income Tax Act, R.S.C. 1985, c.1 (5th Supp.), as amended; (ii) a corporation that is a non-profit corporation for the purposes of paragraph 57(1)(b) of the Corporations Tax Act, R.S.O. 1990, c. C.40; or (iii) a religious organization as defined in subsection 1(1) of the Religious Organizations’ Lands Act, R.S.O. 1990, c. R.23; “non-residential use” means use or intended use for any purpose other than human habitation and includes, but is not limited to, an industrial use, a hotel/motel use and a commercial use; “premise” means one or more dwelling units and/or one or more square feet used for non-residential use; “residential use” means use or intended use for human habitation and ancillary purposes, and includes such use related to agricultural use, but does not include a hotel/motel use; for purposes of this definition “ancillary purposes” includes, but is not limited to, vehicle storage and equipment storage; “use” means either residential use or non-residential use “first use” NOT A DEFINED TERMPage 393 of 737 RULES 2.1 For the purposes of complying with section 6 of the Act: the rules for determining if a Development Charge is payable in any particular case and for determining the amount of the charge shall be in accordance with sections 4 through 7, and 9; the rules for determining exemptions, relief, credits and adjustments shall be in accordance with sections 8.1 through 8.4; the rules for determining the phasing in of Development Charges shall be in accordance with section 6.3; the rules for determining the indexing of Development Charges shall be in accordance with section 9; and the rules respecting the redevelopment of land shall be in accordance with sections 8.5 and 8.6.Page 394 of 737 EXEMPTIONS 8.1 The following are exempt from the payment of Development Charges under this by-law for reasons of section 3 of the Act: 8.2 f) land and buildings owned, used and occupied by a non- profit institution; 8.6 Rules with respect to Redevelopment -Conversions If a development includes the conversion of a “premise”from one “use”(the “first use”), to another use, then the amount of Development Charges payable shall be reduced by the amount, calculated pursuant to this by-law at the current Development Charge rates, that would be payable as Development Charges in respect of the first use, provided that such reduction shall not exceed the Development Charges otherwise payable. Rules with respect to Designated Exemption Areas Not Applicable Page 395 of 737 This is the language written in the City Development Charges By-Law, 2014-87 The current applicable City Development Charge Rates are as outlined below: Residential Single detached dwelling and semi-detached dwelling: Within the urban area: $12,594.00 per unit Apartment dwelling: $6,182.00 per unit Commercial Urban Area -Excluding Tourist Core: $42.32 per square metre of gross floor area Page 396 of 737 To demonstrate how the calculations were derived at are as follows: Basement Level Hall Area = 1612 ft2 Kitchen Area = 263 ft2 Hall Storage Area = 860 ft2 Total = 2735 ft2 = 254.09 m2 if I divide the kitchen in half (for apartment) Total = 2603 ft2 = 241.7 m2 Therefore, 241.7 m2 x $42.32/m2 = $10,228.74 Page 397 of 737 Main Floor Level 2 Bedrooms = 504 ft2 Office (Live Work Unit) = 152 ft2 Kitchen Area = 132 ft2 Laundry Area = 80 ft2 (portion of the Mechanical Room) Common Areas = 250 ft2 (Stairs and hallways) Total = 1118 ft2 = 103.9m2 (which can easily be the size of a 2 bedroom apartment) Therefore, an apartment rate is $6182.00 Page 398 of 737 If we were to refer back to the previous slides: Total $10228.74 + $6182.00 = $16,410.74 Total $10228.74 + ($6182.00 / 2 = $3092.00) = $13,319.74 (as explained in my email) The current single family development charge Rate is $12,594.00 Therefore by these calculations clearly demonstrated, a full credit would apply. Note: This interpretation is similar to the interpretation of the Regional Development Charges By-law.Page 399 of 737 Furthermore, the new use would be converted to a single family dwelling with an occupant load of 4-6 persons. The existing occupant load is approx. 240 persons. As mentioned in the Preamble of the City Development Charges By-Law, the need to impose Development Charges against land to pay for “increased capital costs”would not be required because of “there are no increased needs for services”arising from the development of the area to which the by- law applies. Currently the building is not owned by a non-profit organization, it is owned by myself, in which case when calculating, an Exemption would not apply as per Section 8.2(f). Currently, taxation classifies the building in a commercial category, not as a non-profit organization. Although when recognizing that a use in the building was used as a place of worship which is not defined in the City Development Charges by-law but explained in the Religious Organization Act which is referenced in the By-law, the by-law here is not clear. This building has mixed uses, which is defined in this by-law, and along with other defined terms, has been used when interpreting the wording and intent of this by-law. It has also been used to break up the floor areas when demonstrating how to calculate applicable development charges, or in this case a credit towards development charges.Page 400 of 737 Recently, this parcel of land has successfully been rezoned from Institutional (I) to Residential (R1C). The development has been granted consent to be divided into 4 lots, one of which this building is situated on (Part 2) and the other 3 lots, each permitting a single family dwelling where development charges would be collected by both the City and Region at the time of building permit issuance. If I were to bring to your attention what could have been done here without rezoning and developing the property, another example of this would be: The retreat is purchased by a single person, similar to this purchase. This person would like to make the building into a Private Club which is permitted in an Institutional zone (i.e. The original zoning)of the current City Zoning By- law. The change of use is exempt because the use falls within the same category when analized under the building code. No construction is proposed. The new owner intends to create a viable business. Under interpretation of this bylaw, no development charges would be applicable, however, the existing services would be needed at full capacity.Page 401 of 737 In demonstrating the above calculations and interpretation of the by-law as was referenced at the beginning of this presentation which initiated this complaint, I draw your attention again to the wording referenced in Section 20 of the Development Charges Act, which is the initial reason for my complaint. The municipality has imposed a development charge where initially, a) the amount of the development charge was incorrectly determined; b) whether a credit is available to be used against the development charge, or the amount of the credit or the service with respect to which the credit was given, was incorrectly determined; and c) there was an error in the application of the development charges by-law. Because of the above, and after further review, it has been recommended by the Director of Planning, Building & Development, that Council approve this appeal brought forth by myself, to issue a full Development Charge credit for the proposed use as a single family dwelling unit. Thank you for your time and attention to this matter this evening. If there are any questions or concerns, it would be my pleasure to address them now.Page 402 of 737 Page 403 of 737 CITY OF NIAGARA FALLS By-law 2014 -87 A by-law to establish Development Charges for the City of Niagara Falls and to repeal By-law No. 2009-120. WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended, (hereinafter called the “Act”) provides that the Council of a municipality may, by by-law, impose Development Charges against land to pay for increased capital costs required because of increased needs for services arising from the development of the area to which the by-law applies; AND WHEREAS Council has before it a Report entitled “Development Charges Background Study”, the City of Niagara Falls, dated May 12, 2014, by Hemson Consulting (the “Study”); AND WHEREAS Council gave notice to the public and held at public meeting pursuant to section 12 of the Act on May 27, 2014, prior to and at which the Study and the proposed Development Charge by-law were made available to the public and Council heard comments and representations from all persons who applied to be heard (the “Public Meeting”); AND WHEREAS following the Public Meeting, Council afforded the public an additional period of time for the submission of further written representations; AND WHEREAS by resolving to enact this by-law, Council determined that no further Public Meetings are required under section 12 of the Act; AND WHEREAS the Council believes that it is in the public interest to exercise its powers as set out in the Act, in the manner set forth in this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. DEFINITIONS 1.1 In this by-law: (a) “Act” means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended; (b) “agricultural use” means use or intended use for bona fide farming purposes, including, but not limited to: Page 404 of 737 (i) cultivation of crops, whether on open land or in greenhouses, including, but not limited to, fruit, vegetables, herbs, grains, field crops, sod, trees, shrubs, flowers, and ornamental plants; (ii) raising of animals including, but not limited to, cattle, horses, pigs, poultry, livestock, fish; and (iii) agricultural animal husbandry, dairying, equestrian activities, horticulture, fallowing, pasturing, and market gardening; but excluding: (iv) retail sales activities including, but not limited to, restaurants, banquet facilities, hospitality facilities and gift shops; (v) services related to grooming, boarding or breeding of household pets; and (vi) a residential or commercial use; (c) “apartment dwelling” means a residential building containing two or more dwelling units, of which not all dwelling units have a separate entrance to grade; (d) “board of education” means a board as defined in the Education Act, R.S.O. 1990, c. E.2, as amended; (e) “building permit” means a permit pursuant to the Building Code Act, 1992, S.O. 1992, c. 23, as amended; (f) “City” means The Corporation of the City of Niagara Falls; (g) “Council” means the Council of The Corporation of the City of Niagara Falls; (h) “commercial purpose” means used, designed or intended for use for or in connection with the purchase and/or sale and/or rental of commodities; the provision of services for a fee; or the operation of a business office; (i) “core tourist area” means the entire area identified as Core Tourist Area in Schedule “D” to this by-law; (j) “development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, and includes redevelopment. Notwithstanding the Page 405 of 737 foregoing, development does not include temporary structures including, but not limited to, seasonal hoop structures, seasonal fabric structures, tents, or produce sales stands; (k) “duplex dwelling” means a residential building containing two dwelling units separated by horizontal division, each of which units has a separate entrance to grade; (l) “dwelling room” means either: (i) each bedroom used, designed or intended for use by one or more persons living together in a lodging home, or student residence, or (ii) in the case of a special care/special need residence, each individual room or suite of rooms used, designed or intended for use by one or two persons with or without exclusive sanitary and/or culinary facilities; (m) “dwelling unit” means one or more rooms used, designed, or intended to be used by one or more persons as a residence and which has access to culinary and/or sanitary facilities. A “dwelling unit” does not include a Park Model Trailer conforming to National Standard of Canada #CAN/CSA - Z241.0-92 or similar standard; (n) “existing non-residential building” means a building that is used for or is assessed as non-residential as of the date of the application for a building permit to expand that building; (o) “granny flat” means a one unit detached, temporary residential structure, containing culinary and sanitary facilities that is ancillary to an existing residential structure and that is designed to be temporary; (p) “gross floor area” means the total floor area, measured between the outside of exterior walls, virtual wa lls or between the outside of exterior walls or virtual walls and the centre line of party walls dividing the building from another building, of all floors and mezzanines above the average level of finished ground adjoining the building at its exterior walls; (q) “group home” means a dwelling for the accommodation of three to eight residents, supervised by agency staff and funded wholly or in part by any government or its agency and approved or supervised by the Province of Ontario under any act; (r) “hotel/motel” means a commercial establishment offering lodging to travelers and sometimes longer term residents, and may include other Page 406 of 737 services such as restaurants, meeting rooms and stores that are available to the general public, but does not include a dwelling unit; (s) “industrial use” means land, buildings or structures used for or in connection with manufacturing by: (i) manufacturing, producing, processing, storing or distributing something; (ii) research or development in connection with manufacturing, producing or processing something; (iii) retails sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place; (iv) office or administrative purposes, if they are: A. carried out with respect to manufacturing, producing, processing, storage or distributing of something; and B. in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution; and (v) self storage facilities; (t) “local board” means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special act with respect to any of the affairs or purposes of the City or the Region, but excluding a board of education, a conservation authority, any municipal services corporation that is not deemed to be a local board under O. Reg. 599/06 made under the Municipal Act, 2001, S.O. 2001, c. 25, as amended; (u) “local service” means those services, facilities or things which are related to a plan of subdivision, are within the area to which the plan relates, or are installed or paid for by te owner as a condition of approval under section 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended; (v) “lodging home” means a use in which the proprietor supplies, for gain, lodging with or without meals to three or more persons other than the proprietor or members of his family but does not include a tourist Page 407 of 737 establishment, hotel/motel, hospital or special care/special need residence, but does include a rooming house, boarding house and a student residence; (w) “mezzanine” means an intermediate floor assembly between the floor and ceiling of any room or storey and includes an interior balcony; (x) “mixed-use building” means a building or structure used for both residential and non-residential use; (y) “multiplex dwelling” means a residential building containing three or more dwelling units, each of which unit has a separate entrance to grade; (z) “municipal housing project facilities” has the same meaning as that specified in the Region’s Municipal Housing Facility By-law No. 34-2004, as may be amended; (aa) “non-profit institution” means: (i) a registered charity as defined in subsection 248(1) of the Income Tax Act, R.S.C. 1985, c.1 (5th Supp.), as amended; (ii) a corporation that is a non-profit corporation for the purposes of paragraph 57(1)(b) of the Corporations Tax Act, R.S.O. 1990, c. C.40; or (iii) a religious organization as defined in subsection 1(1) of the Religious Organizations’ Lands Act, R.S.O. 1990, c. R.23; (ab) “non-residential use” means use or intended use for any purpose other than human habitation and includes, but is not limited to, an industrial use, a hotel/motel use and a commercial use; (ac) “owner” means the person who has legal title to a parcel of land where development is proposed to be undertaken; (ad) “other multiple” means all residential units other than a single detached dwelling, apartment dwelling or a dwelling room including, but not limited to, semi-detached, row, multiplex and duplex units; (ae) “parking structure” means buildings or structures used for the parking of motor vehicles; (af) “premise” means one or more dwelling units and/or one or more square feet used for non-residential use; Page 408 of 737 (ag) “Region” means The Regional Municipality of Niagara; (ah) “Regulation” means O. Reg. 82/98 under the Act, as amended; (ai) “residential building” means a building used exclusively for residential use including, but not limited to, a single detached dwelling, a semi-detached dwelling, a row dwelling, a duplex dwelling, a multiplex dwelling, an apartment dwelling, or a dwelling room; (aj) “residential use” means use or intended use for human habitation and ancillary purposes, and includes such use related to agricultural use, but does not include a hotel/motel use; for purposes of this definition “ancillary purposes” includes, but is not limited to, vehicle storage and equipment storage; (ak) “row dwelling” means a residential building containing three or more dwelling units separated by vertical division, each of which units has a separate entrance to grade; (al) “semi-detached dwelling” means a residential building containing two dwelling units separated by vertical division, each of which units has a separate entrance to grade; (am) “single detached dwelling” means a residential building containing one dwelling unit and not attached to another structure. Where it is attached to another structure by footings or below grade walls only, it shall be considered a single detached dwelling, for the purposes of this by-law; (an) “special care/special need residence” means a residence: (i) containing two or more dwelling rooms, which rooms have common entrance from street level; (ii) where the occupants have the right to use, in common with other occupants, halls, stairs, yards, common room and accessory buildings; and (iii) that is designed to accommodate persons with specific needs including, but not limited to, independent permanent living arrangements; and where support services, such as meal preparation, grocery shopping, laundry, housing, nursing, respite care and attending services are provided at various levels; and includes, but is not limited to, retirement homes or lodges, charitable dwellings, group homes and hospices; (ao) “urban services” means the municipal services of sidewalks, water, sanitary sewers, and stormwater management; and Page 409 of 737 (ap) “use” means either residential use or non-residential use. 2. RULES 2.1 For the purposes of complying with section 6 of the Act: (a) the rules for determining if a Development Charge is payable in any particular case and for determining the amount of the charge shall be in accordance with sections 4 through 7, and 9; (b) the rules for determining exemptions, relief, credits and adjustmen ts shall be in accordance with sections 8.1 through 8.4; (c) the rules for determining the phasing in of Development Charges shall be in accordance with section 6.3; (d) the rules for determining the indexing of Development Charges shall be in accordance with section 9; and (e) the rules respecting the redevelopment of land shall be in accordance with sections 8.5 and 8.6. 3. LANDS AFFECTED 3.1 This by-law applies to all lands in the geographic area of the City. 4. APPROVALS FOR DEVELOPMENT 4.1 Development Charges under this by-law shall be imposed against all development if the development requires: (a) the passing of a zoning by-law or of an amendment to a zoning by -law under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended; (b) approval of a minor variance under section 45 of the Planning Act, R.S.O. 1990, c. P.13, as amended; (c) a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, applies; (d) the approval of a plan of subdivision under section 51 of the Planning Act, R.S.O. 1990, c. P.13, as amended; (e) a consent under section 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended; Page 410 of 737 (f) the approval of a description under section 50 of the Condominium Act, 1998, S.O. 1998, c. 19, as amended; or (g) the issuing of a permit under the Building Code Act, 1992, S.O. 1992, c. 23, as amended, in relation to a building or structure. 4.2 Nothing in this by-law prevents Council from requiring, in an agreement under section 51of the Planning Act, R.S.O. 1990, c. P.13, as amended, or as a condition of consent or an agreement respecting same under section 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended, that the owner, at his or her own expense, install such local services related to or within the area to which a plan of subdivision or consent relates, as Council may require, in accordance with the City’s applicable local service policy in effect at the time. 5. DESIGNATION OF SERVICES 5.1 The categories of services, from among those for which the City is responsible, for which a Development Charge is calculated under this by-law, are as follows: Category (a) Library; (b) fire protection; (c) Parks and Recreation; (d) Municipal Works and fleet; (e) Transit Services: (f) general government (studies); (g) roads; (h) sidewalks; (i) water; (j) sanitary sewer; and (k) stormwater management. 5.2 A Development Charge shall include: Page 411 of 737 (a) a charge in respect of Library, fire protection, Parks and Recreation, Municipal Works and fleet, Transit Services, general government (studies), roads, sidewalks and stormwater management; (b) if water service is available, a charge in respect of water; and (c) if sanitary sewers service is available, a charge in respect of sanitary sewers. 6. AMOUNT OF CHARGE 6.1 Amount of Charge - Residential (1) For development for residential purposes, Development Charges shall be imposed on all residential development, including a dwelling unit accessory to a non-residential development and the residential component of a mixed-use building, according to the number and type of dwelling units on the lands as set out in Schedule “A”. (2) Residential development within the Urban Area, as designated on Schedule “C”, are subject to the “total charge per unit”, as set out on Schedule “A”, subject to other terms and conditions of this by-law. (3) Residential development outside the Urban Area, as designated on Schedule “C”, are subject to the “subtotal municipal wide services” charges, as set out on Schedule “A”, subject to other terms and conditions of this by-law. 6.2 Amount of Charge - Non-residential (1) For development for non-residential purposes, Development Charges shall be imposed on all non-residential development and, in the case of a mixed-use building, on the non-residential component of the mixed-use building, according to the type and gross floor area of the non -residential component as set out in Schedule “B”. (2) The within the Core Tourist Area Charges set out on Schedule “B” is applicable to all non-residential development in the area identified on Schedule “D” of this by-law, subject to other terms and conditions of this by-law. (3) All non-residential development occurring Outside the Core Tourist Area as identified on Schedule “D” is subject to the charges set out under Outside the Core Tourist Area on Schedule “B”, subject to other terms and conditions of this by-law. Page 412 of 737 (4) In any case involving the expansion of an existing non-residential building, there shall be deducted from the amount of the non -residential Development Charge as calculated in accordance with subsections 6.2(1) through 6.2(3) above, the product of 278.7 X any applicable Development Charge. (5) The deduction described in subsection 6.2(4) above is to be restricted to one application per each non-residential building during the term of this by-law. 6.3 Phasing in of Development Charges The Development Charge set out on the schedules in Schedules “A” and “B” are not being phased in. 7. TIMING AND CALCULATION AND PAYMENT 7.1 (1) If the development will not be the subject of a servicing agreement or an agreement under section 51 or 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended, then the whole of the Development Charge imposed hereunder shall be calculated and paid in full on the date a building permit under the Building Code Act, 1992, S.O. 1992, c. 23, as amended, is issued in respect of the building or structure for the use to which the Development Charge hereunder applies. (2) In any development that involves a building for which more than one building permit is required, the Development Charges shall be collected in proportion to the percentage of the value of the completed building that each successive building permit represents. (3) If the development will be the subject of a servicing agreement or an agreement under section 51 or 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended, then: (a) that portion of the Development Charge imposed hereunder with respect to urban services, namely charges for sidewalks, water, sanitary sewers, and stormwater management, shall be calculated and paid on the date the servicing agreement or agreement under section 51 or 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended, is executed; and (b) that portion of the Development Charge imposed hereunder with respect to services other than the urban services shall be calculated and paid on the date a building permit under the Building Code Act, 1992, S.O. 1992, c. 23, as amended, is issued in respect Page 413 of 737 of the building or structure for the use to which the Development Charge hereunder applies. (4) The Chief Building Official shall not issue a building permit in respect of a development for which a Development Charge is payable pursuant to this by-law, until such Development Charge is paid. (5) The City may, by agreement pursuant to section 38 of the Act, permit an owner to perform work that relates to a service to which this by-law applies in lieu of the payment of all or any portion of a Development Charge. The City will give the owner who performed the work a credit towards the Development Charge in accordance with the agreement and subject to the requirements of the Act. In addition, the City may, in the case of development located outside of the existing service area, require payment of an appropriate share of the costs of the required infrastructure within the existing service area, in addition to the costs external to the service area. 8. EXEMPTIONS 8.1 The following are exempt from the payment of Development Charges under this by-law for reason of section 3 of the Act: (a) lands and buildings owned by and used for the purposes of the City or the Region or any local board, unless such buildings or parts thereof are used, designed or intended for use primarily for or in connection with any commercial purpose; and (b) land and buildings owned by and used for the purposes of a board of education unless such buildings or parts thereof are used, designed or intended for use primarily for or in connection with any commercial purpose. 8.2 Notwithstanding any other provision of this by-law, no Development Charge is imposed under this by-law respecting: (a) granny flats; (b) parking structures; (c) land and buildings used for agricultural use; (d) lands and buildings which are used or intended to be used as municipal housing project facilities, as set out in section 110 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, O. Reg. 603 /06 under the Municipal Page 414 of 737 Act, 2001, S.O. 2001, c. 25, as amended, and the Region’s Municipal Housing Facility By-law No. 34-2004, as amended; (e) land and buildings used for affordable housing projects that receive funding through an agreement with Niagara Regional Housing, provided that the owner of the lands continues to use the lands and buildings for affordable housing. The owner shall be required to enter into an agreement with the Region under section 27 of the Act, in a form satisfactory to the Commissioner of Integrated Community Planning and Director of Legal Services, notice of which the owner shall register on the title to the lands at its sole cost and expense, with the intention that the provisions shall bind and run with title to the lands. If the owner ceases to use the lands and buildings for affordable housing, the Development Charges shall become immediately due and payable; (f) land and buildings owned, used and occupied by a non-profit institution; (g) gas station canopies; (h) industrial land uses; and (i) cemeteries, mausoleums and columbariums. 8.3 Rules with respect to Designated Exemption Areas The rules with respect to designated exemption areas are set out in Schedule “E”. 8.4 Rules with respect to Exemptions for Intensification of Existing Housing (1) Pursuant to the Act, no Development Charge is payable if the development is only the enlargement of an existing dwelling unit. (2) Pursuant to the Act and Regulation, no Development Charge is payable if the development is only the creation of: (a) one or two additional dwelling units in a dwelling unit in a single detached dwelling, where the total gross floor area of the additional dwelling unit or units is less than or equal to the gross floor area of the existing dwelling unit; (b) one additional dwelling unit in a dwelling unit in a semi-detached dwelling or row dwelling, where the gross floor area of the additional dwelling unit is less than or equal to the gross floor area of the existing dwelling unit; or Page 415 of 737 (c) one additional dwelling unit in a dwelling unit in a duplex dwelling, multiplex dwelling or apartment dwelling, where the gross floor area of the additional dwelling unit is less than or equal to the gross floor area of the smallest existing dwelling unit in the residential building. 8.5 Rules with respect to Redevelopment - Demolitions (1) If application is made for a building permit in respect of a parcel of land upon which a premise existing within five years prior to the date of such application, but which premise has been demolished or destroyed before the date of such application, then the amount of Development Charges payable upon issuance of the said building permit shall be reduced to the net amount, calculated pursuant to this by-law at the current Development Charge rates, that would be payable as Development Charges in respect of the demolished or destroyed premise, provided that such reduction shall not exceed the Development Charges otherwise payable. For purposes of this subsection, “net” means the excess of the Development Charges for premises constructed, over the Development Charges for premises demolished or destroyed. (2) If, at the time of payment of Development Charges in respect of a parcel of land, the owner of the said land provides written notification of his/her intention to demolish, within five years, a premise existing on that parcel at the time of such payment, then upon the subsequent assurance by the Treasurer of the City, within five years after such payment, that s uch premise on such parcel has indeed been so demolished, and the particulars of such demolished premise, the City shall refund to such owner a reduction in the Development Charges paid, which reduction is the amount, calculated pursuant to this by-law or a predecessor by-law of the City, at the Development Charge rates in effect at the time of such payment, that would have been payable as Development Charges in respect of the premise demolished, provided that such reduction shall not exceed the Development Charges actually paid. 8.6 Rules with respect to Redevelopment - Conversions If a development includes the conversion of a premise from one use (the “first use”), to another use, then the amount of Development Charges payable shall be reduced by the amount, calculated pursuant to this by-law at the current Development Charge rates, that would be payable as Development Charges in respect of the first use, provided that such reduction shall not exceed the Development Charges otherwise payable. Page 416 of 737 9. INDEXING 9.1 The amounts of Development Charges imposed pursuant to this by-law, as set out in Schedules “A” and “B” shall be adjusted annually without amendment to this by-law, in accordance with the Statistics Canada Quarterly Construction Price Statistics (catalogue number 62-007), as follows: (a) the initial adjustment shall be September 1, 2015; and (b) thereafter, adjustment shall be made each year on September 1. 9.2 For greater certainty, on September 1st of each year, the annual indexation adjustment shall be applied to the Development Charges as set out in Schedules “A” and “B”, plus the accumulated annual indexation adjustments from previous years, if any. 9.3 Notwithstanding sections 9.1 and 9.2 of th is by-law, Council of the City may, for any particular year, waive the indexing for that particular year without amendment to this by-law. 10. GENERAL 10.1 The following schedules to this by-law form an integral part of this by-law: (a) Schedule “A” - Residential Development Charges; (b) Schedule “B” - Non-Residential Development Charges; (c) Schedule “C” - Map of Residential Urban and Non-Urban Area; (d) Schedule “D” - Map Designating Core Tourist Area; (e) Schedule “E” - Rules with respect to Designated Exemption Areas; (f) Schedule “F” - Map designating the Downtown Niagara Falls Community Improvement Project Area; and (g) Schedule “G” - Map designating the Historic Drummondville Community Improvement Project Area. 10.2 By-law No. 2009-120 is hereby repealed on the date this by-law comes into force. 10.3 Pursuant to the Act, and unless it is repealed earlier, this by-law shall expire five years after the date it comes into force. Page 417 of 737 10.4 Each of the provisions of this by-law is severable and if any provision hereof should, for any reason, be declared invalid by the Ontario Municipal Board or a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. 10.5 This by-law shall come into force and effect on date of passage. 10.6 By-law 2009-120 is hereby repealed. Passed this 8th day of July, 2014. ORIGINAL SIGNED ................................................................................................................ DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 8, 2014 Second Reading: July 8, 2014 Third Reading: July 8, 2014 Page 418 of 737 Schedule A – Residential Development Charge Rates Imposed by By-law 2014-87 Service Residential Charge By Unit Type Singles & Semis Rows & Other Multiples Apartments General Government $37 $20 $18 Library $122 $65 $60 Fire Protection $407 $216 $200 Parks And Recreation $2,506 $1,331 $1,230 Public Works & Fleet $46 $25 $23 Transit Services $347 $184 $170 Roads And Related $2,531 $1,344 $1,242 Subtotal Municipal Wide Services $5,996 $3,185 $2,943 Sidewalks $245 $130 $120 Water $353 $188 $173 Sanitary Sewer $2,996 $1,591 $1,470 Storm Water Management $1,710 $908 $839 Subtotal Urban Area Services $5,304 $2,817 $2,602 TOTAL CHARGE PER UNIT $11,300 $6,002 $5,545 Page 419 of 737 Schedule B – Non-Residential Development Charge Rates Imposed by By-law 2014-87 Service Non-Residential Charge Per Square Metre Outside Core Tourist Area Non-Residential Charge Per Square Metre Core Tourist Area General Government $0.19 $0.19 Library $0.00 $0.00 Fire Protection $1.98 $1.98 Parks And Recreation $0.00 $0.00 Public Works & Fleet $0.23 $0.23 Transit Services $1.69 $1.69 Roads And Related $12.27 $12.27 Subtotal Municipal Wide Services $16.36 $16.36 Sidewalks $1.00 $1.36 Water $1.44 $3.00 Sanitary Sewer $12.20 $0.67 Storm Water Management $6.96 $1.91 Subtotal Urban Area Services $21.60 $6.94 TOTAL CHARGE PER SQUARE METRE $37.96 $23.30 Page 420 of 737 Page 421 of 737 Schedule D – Map Designating Core Tourist Area Page 422 of 737 Schedule “E” Rules with respect to Designated Exemption Areas i Notwithstanding section 6 of this by-law a 75% residential development charge exemption shall be granted for development of the type defined in paragraph i(a), and located within the area defined in paragraph i(b), and subject to such development meeting all of the conditions set out in paragraph i(c). (a) addition of residential units to existing residential, non-residential or mixed use buildings; and/or residential conversion of existing non-residential and mixed use buildings that creates additional residential units; and/or new residential developments on vacant lot/lots; and/or redevelopment of mixed use buildings that creates additional residential units. (b) The Downtown Niagara Falls Community Improvement Project Area as outlined in Schedule “F” or the Historic Drummondville Community Improvement Project Area, as outlined in Schedule “G”. (c) (1) Based on the decision of the Treasurer, the property taxes for the property on which the development is located, are in good standing at the time of the application; and (2) Based on the decision of the Director of Planning, Building and Development, the existing and proposed land uses for the development, are in conformity with applicable Official Plans, zoning by-law and other planning requirements at both the local and Regional level; and (3) Based on the decision of the Chief Building Official, all improvements relating to the development are to be made pursuant to a building permit and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals; and (4) Based on the decision of the Chief Building Official, outstanding work orders and/or orders or requests to comply from the City have been satisfactorily addressed prior to the City granting the development charge exemption; and (5) The Director of Planning, Building and Development, may require the applicant to submit for approval, professional design/architectural drawings in conformity with any municipality- issued urban design guidelines, as well as traffic impact studies or studies of microclimatic conditions (e.g. sun, shadow, wind) and Page 423 of 737 -21- such requirements must be met prior to the City granting the development charge exemption. ii Notwithstanding section 6 of this by-law, a residential development charge exemption of up to 75% of the amount otherwise payable is calculated in accordance with eligible costs approved under the Brownfields Rehabilitation Grant Program as set out in paragraph ii(a), granted for residential development located within the area defined in paragraph ii(b), subject to such development meeting the conditions set out in paragraph ii(c) and subject to additional City development charge exemption of up to a further 25%, based on the eligibility requirements set out in paragraph ii(d), where the development also qualified for the 75% exemption. (a) Eligible costs include only the costs of: (1) a Phase II ESA, Remedial Work Plan, and Risk Assessment not covered by the Environmental Study Grant Program or the Brownfields Tax Assistance Program; and/or (2) environmental remediation, including the cost of preparing a Record of Site Condition (RSC), not covered by the Brownfields Tax Assistance Program; and/or (3) placing clean fill and grading not covered by the Brownfields Tax Assistance Program; and/or (4) installing environmental and/or engineering, controls/works, as specified in the Remedial Work Plan and/or Risk Assessment, not covered by the Brownfields Tax Assistance Program; and/or (5) monitoring, maintaining and operating environmental and engineering controls/works, as specified in the Remedial Work Plan and/or Risk Assessment, not covered by the Brownfields Tax Assistance Program; and/or (6) environmental insurance premiums not covered by the Brownfields Tax Assistance Program. (b) The Brownfields Community Improvement Project Area is the area designated as Urban Area in the City of Niagara Falls Official Plan, a s amended from time to time. Page 424 of 737 (c) (1) All properties considered eligible for the Brownfields Development Charge Exemption Program must have an approved Rehabilitation Grant Program Application and Agreement in place and must have a Record of Site Condition (RSC) filed in the Environmental Site Registry for the proposed use with said RSC acknowledged by the Ministry of Environment; and (2) Based on the decision of the Director of Planning, Building and Development, the existing and proposed land uses for the development, are in conformity with applicable Official Plans, zoning by-law and other planning requirements at both the local and Regional level; and (3) Based on the decision of the Chief Building Official, all improvements relating to the development are to be made pursuant to a building permit and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals; and (4) Based on the decision of the Chief Building Official, outstanding work orders and/or orders or requests to comply from the City have been satisfactorily addressed prior to the City granting the development charge exemption; and (5) The Director of Planning, Building and Development, may require the applicant to submit for approval, professional design/architectural drawings in conformity with any municipality- issued urban design guidelines, as well as traffic impact studies or studies of microclimatic conditions (e.g. sun, shadow, wind) and such requirements must be met prior to the City granting the development charge exemption. (d) Development which, based on the decision of the Director of Planning, Building and Development, includes three or more of the following features: (1) “intensification of an existing use” meaning redevelopment or building addition so as to add floor area and/or a residential unit or units. (2) “creation of mixed uses” meaning redevelopment, addition or conversion so as to add a new compatible use or uses to a building or property. “Creation of mixed uses” also means new development that proposes a mixed use building or a mix of uses on the site. (3) “contribution towards the creation of a walkable neighbourhood character” meaning development, redevelopment, Page 425 of 737 -23- addition or conversion within a neighbourhood context that features one or more of the following: - safe and clearly demarcated pedestrian access to and within the development site; - building orientation and pedestrian access oriented toward the street; - site and building access directly from the street without requiring passage across a driveway or parking area; - street-oriented building facade that features fenestration and entranceway to create a sense of permeability and movement between the street and the building interior; Page 426 of 737 -24- - contribution to the quality of the public space on the street by the provision of space for public assembly, street furniture, artworks and/or landscaping. (4) “creation of a range of housing opportunities and choices” meaning development, redevelopment, addition or conversion that ad ds multiple-unit housing types to the housing stock. (5) “reduced setback from roadways” meaning development, redevelopment or conversion that places the building facade at the front lot line or closer to the street than the mid-point between the street line and the existing building. Where there is an existing building line along the block-face that is set back from the street line, “reduced front setbacks from roadways” means placing the building facade closer to the street line than the mid-point between the street line and the established building line. iii Notwithstanding section 6 of this by-law, a non-residential Development Charge exemption of up to 100% of the amount otherwise payable is calculated in accordance with eligible costs approved under the Brownfields Rehabilitation Grant Program as set out in paragraph ii(a), granted for non-residential development located within the area defined in paragraph ii(b), subject to such development meeting the conditions set out in paragraph ii(c). Page 427 of 737 Page 428 of 737 Page 429 of 737 PBD-2019-26 April 9, 2019 REPORT TO: Mayor James M.Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-26 Demolition of Former Court House and City Hall 4310 Queen Street RECOMMENDATION That Council approve the demolition of the former Court House/City Hall building as approved in the 2019 Capital Budget. BACKGROUND The former Court House and once City Hall is a 154-year-old building which has undergone several construction improvements. Accordingly, little if anything remains of the original heritage features and characteristics. These features were lost when the building interior was gutted, the gable roof removed, and the front wall removed and replaced in the 1950s. Over the past 15 years, it has been used as a storage building, with limited to no use. During this time, the building has been without heat and the plumbing is no longer operational. Recently, power to the building was terminated due to a hazard created by excessive water exposure. Accordingly, the building is no longer functional and at the end of its useful life. The City of Niagara Falls engaged Ontario Environmental & Safety Network Ltd. (OESN) in 2008 to conduct a condition assessment of the building mainly to collect material samples to test for hazardous materials such as asbestos, lead, mercury, and fungal elements. These substances are listed in the Occupational Health & Safety Act with prescribed procedures during exposure. More specifically, the Ontario Ministry of Labour identifies asbestos, lead, and mercury under the Designated Substances Regulations. The OESN testing report determined that these designated substances do exist in the building and are relatively in stable condition. Since the initial report, assessments have been conducted annually to monitor the state of the designated substances. The reports over the years have indicated that the material has shown signs of instability. However, the assessment concluded in September of 2017 reported the building was an elevated risk to unprotected persons entering the building when exposed to the hazardous material or if inhalation of asbestos fibres occurs. Recommendations were presented to City staff to prevent persons from entering the building unless full personal protective equipment against the existing identified hazardous materials was worn. On March 31, and April 01, 2019 OESN conducted on-site condition assessment to provide an updated on the current condition of the existing interior building surface and the hazardous material. The assessments concluded significant deterioration of the entire interior building surfaces including the surfaces that contain asbestos minerals, and lead coating that has been impacted by water exposure caused by several areas with roof membrane failure (Fig. 1, appendix A). This has allow water to enter the building into the second floor, main floor, and basement level, which has exacerbated the deterioration. Observation have reported ceiling finishes have fallen to the floor, wall surfaces show significant bulging, delaminating finishes from the structural frame, and floor finishes have lifting and curled (Fig. 1 and 2, appendix A). The high humidity levels along with water exposure has proliferated fungal growth on the entire interior surfaces, resulting in the entire interior surfaces being beyond repair (Fig. 3, 4, 5, appendix A). In addition, OESN recommended the City to engage a Professional Engineer to conduct a structural condition assessment to evaluate and assess the structural stability of the building. Page 430 of 737 2 PBD-2019-26 April 9, 2019 Since the report, the City has limited the access into the court house to staff that have training in the hazards of Asbestos, Lead, Mercury and Mould environments that meet the Ontario Ministry of Labour requirements. In addition, persons entering the building must have available all personal protective equipment, decontamination facilities and waste facilities. The restoration of the old building is an option, however, not a viable one. The option to restore the characteristics of the old courthouse will require a significant amount of structural improvement to meet the requirements of the current Ontario Building Code, accessibility will have to be addressed not to mention the amount of unforeseeable conditions that could be discovered during the construction renovation process. With the number of construction renovations to the courthouse over the life of the building, the majority of the historical value has been eliminated. The demolition will be a more viable option as this will allow for the opportunity to develop and use the area as a potential green space or public use space, not the mention the increase of visibility of the recently exterior improvement of City Hall, (Fig. 7 and 8, appendix B) FINANCIAL/STAFFING/LEGAL IMPLICATIONS The cost for abatement and the disposal of hazardous material work was reviewed by OESN using current industry pricing ranging between $10 to $20 per square foot of surface material. The courthouse building has approximately 116,000 square feet of surfacing material resulting in abatement cost of $1,160,000 to $2,320,000. If rehabilitation of the courthouse were to be considered, the construction costs would be approximately $350 to $400 per square foot. The unit cost per area was determined from major renovation completed at 4343 Morrison St. this year. The floor area of the courthouse including the basement, first, and second floor levels total 10,800 square feet which results in a construction cost between $3.78 to $4,32 million in addition to the cost of the abatement work. When combining the two values the total project could be up to $6.64 million. The Demolition of the courthouse option will be $260,000. LIST OF ATTACHMENTS  Appendix 1 - Assessment of Interior Condition  Appendix 2 – Landscape Options 1 and 2 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer S.Valeo:gd Attach. S:\PDR\2019\PBD-2019-26, Demolition of Former Court House, 4310 Queen St.docx Page 431 of 737 3 PBD-2019-26 April 9, 2019 APPENDIX 1 Condition Assessment Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Page 432 of 737 4 PBD-2019-26 April 9, 2019 APPENDIX 2 Landscape Options Figure 7- Option 1 – Green Space Figure 8 - Option 2 – Green Space Page 433 of 737 1 Bill Matson From:Carey Campbell Sent:Tuesday, March 26, 2019 11:13 AM To:Bill Matson Subject:FW: Alternatives for what to do with the old City Hall Attachments:OldCityHall.jpg To mayor and council members. From: Kenneth Sent: Monday, March 25, 2019 3:11 PM To: CouncilMembers <councilmembers@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca> Cc: Alex Herlovitch <aherlovitch@niagarafalls.ca>; Ken Todd <ktodd@niagarafalls.ca>; Andrew Bryce <abryce@niagarafalls.ca>; Ken Mech <kmech@niagarafalls.ca> Subject: Alternatives for what to do with the old City Hall Dear Mayor Diodati and Counsellors: Mayor Diodati is right that the municipal government needs to do its part toward revitalizing downtown. All agree that the old city hall currently serves no purpose. The question is what is the most cost-effective and socially responsible thing to do with it. Demolition: cost without benefit Demolition would cost $260,000. The city would gain a vacant lot generating no revenue and attracting no visitors. Downtown has too many vacant lots already. What the city would lose is an irreplaceable asset: the heritage building from which this municipality was governed for more than a century, from 1866 to 1970. One alternative: a spectacular ruin The least expensive alternative to demolition is to turn this historical gem into a ruin. Remove the brick veneer and facade that were added in 1954. Expose the gorgeous architecture underneath: the original stone walls, Romanesque arched windows, and tall entrance-ways. Gut all or most of the interior, depending on what condition it is in. Get rid of the roof. Fill in the basement. Grade and hardscape the grounds inside and out. Design and plant a multi-level garden amongst walkways and terraces. Page 434 of 737 2 Attached is a photo of the structure as it appeared in 1953, in the movie Niagara that starred Marilyn Monroe. Turning the original into an enchanting ruin would cost little more than destroying it. It would draw people downtown and be a popular venue for weddings, reunions, concerts, plays, picnics – social gatherings of all kinds. It could generate revenue from rental fees. Most important, for the indefinite future, the ruin would show respect for the past generations whose participation in local democracy shaped the foundation of our community. Examples elsewhere I’ll paste in below links to half a dozen ruins elsewhere that attract visitors and host events. Our old city hall could become more of a draw than any of them, and for not much more money than the cost of tearing the building down. Regards to all, Kenneth Niagara Falls, Ontario __________________________________________________ Treasured ruins, near and far Just north of Guelph, the castle-like ruins of the Harris Woolen Mills have been described as “the biggest tourist draw” of the Rockwood Conservation area. The City of Cambridge charges $300 per wedding at its downtown Mill Race Park, the ruins of the Dickson Textile Mill. In Glengarry, near Cornwall, St. Raphael's Ruins hosts religious services, weddings and concerts each summer. Page 435 of 737 3 The ruins of Santiago Apostol Church in Cartago, Costa Rica, show a pleasing combination of historic architecture and horticulture. The Boston system of public parks includes Schoolmaster Hill, ruins of a park administration building partially destroyed by fire in the 1930s. Page 436 of 737 E:_<_mamo: 303”nm«m<nm3_uUm__ mmz?<<m%mm%<.>9:w~03ma:Es ._.ou>_mxIm1o<:n:M_Am:Egg2:_<_m.Bo: m:E.mnn«$99.0Q?I>:rmc_E_zm moi$0353.E550 wow?aséaaBommmmo” Eda:mo: Um?”>3:PN05a33:ESmg Ho”Aoo:=oz@EmmmH.Bom:mbmv masgnOHUOEJNm>rrwd~FU~2D Ea28:.8wmmmon59%Eocm?m.UH.o<acwwam?owmmwma8:;moomammoonEmma:85%$5 Ezasm.1555%$8?oo?mwbqEms;asrmsooSQgamma<m_:o8Ea$30.88.#10mwobm BO5®%ob:20:5vom339osnmbmammoowoosmcosmmwab?sm.:€335%8sum?rm:: €9253965@2508mo:Engaesmom9&5mmo?mwomw8:533:3Ezmsm8 H888F>m.mExwmwaaH20:554.Ema8manEx€59$3:23%83,32%F WOWWHQMVasUi.Page 437 of 737 1 Bill Matson From:Carey Campbell Sent:Wednesday, April 3, 2019 3:03 PM To:Bill Matson Subject:please confirm you can read this one Caller Information Name Phone Number Address Email Details Subject Old City Hall/Court House Created by Cathy Date Created 3/28/2019 4:54:28 PM Last Modified 4/1/2019 11:02:49 AM Status (required) Description If you want to talk to someone who appeared in that courthouse, he can tell you all sorts of stories about the building. "it is a dump now and it was 50 years ago too." He feels it needs to come down and the property be properly utilized to highlight the current city hall and the newly renovated police building. He did not ask for a return call, he just made the offer to talk to you about the building if you wish to call him. 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Em0_0._.0<<:Im__m1m1amm1Emm0.nm:11m010:1002302:ms:1m01mmm:.8m1:m_.01cm:012_mmm1mmm__m~n_<_n1:m101<. 12m_30m1mnm:1:1<.:<<mmEmnm31m010:1_0nm_0m1:0n1mn<._n01<mm1m~.1E0m1m0EmQmvm?mmEm1_mo_.8EmE1Ems: 0m<m_003m:1010:19.2._11_0011m3gmniosm<<m1m3m0m:m1mm15_Em0m00_m<<01_a:mSE3am<<m__m_m00:1m0100_m1.. _0:__o_m1a__3010<m0:122.xm:0<m1m0101Emm0<m_<5:0.1Hmmmms:.n:1Em1300m11:Nmo_5EmHmmow:5:1:n01.E:m1m_< 0mm:_m11.8_m1.m:_m:101Em_mm11m<<gmnmamm. _._m<3m_0m1E_m101_n0:=%:mm:_AmEmQ50:I01m_W3:m:0:m_...mi..8:92_0mm0:11053Imz.Em_0:=n:1_m.8EZE E_m:<<m<m_m:mm10:1.0Em_010<3nm1m1m11mo_<Em:Em<m1.1.0::nm0Em0_m1m:nm.82_mmm1m_nm__m~<<0:_0cmm:mcqmnmzoz 010:10:2.8_01mmm1<m0:1031ms:n:_1:1m_Em101<101..:1:1mmm:m1m:0:m._1.m1mm001m0m:03m::16_1m0m0.nE0:mm1am 0100__m1m.81mm1.1002?_m1.m1m:0<m1mEm._.0<<:Im=m1a_mmmm:10mn:_1:1m_3m:1:z01._=AmEm2_mmm1mmm__m>11 mm=m1<.5.3.:n01001m1mm1mm1m:1m1:01nommmE00m00:55Em<mm0_mnm.8:1.mm1m16_n0:1m11._0_m1mEmm101_mmEm H Page 440 of 737 _o:__n::mnoc_o_.nm__.5%$3232ii9:2.2<<m.n:msm<<:m.n:8:5um.>a._::1.5&mm:3m<m=mU_m.8 «m:o<m.mm:59_=%.m.EmQ2£85_:<:mmsoum:caEonmmmmagmwmim_u1<m.nmmmm.8«nmzzmwm_o:m-.nm_.3_mmmm5 mxn:m:mm31c:n::mEm«m:o<m.:o:m. :5ca353_._m__:3W88n8:Q_<*2o<mqSo<mma.rmdmm__o<<23m.$:o_«ow3m:<Bowm. >_mx Page 441 of 737 1 Bill Matson From:Carey Campbell Sent:Wednesday, April 3, 2019 3:04 PM To:Bill Matson Subject:courthouse phone call Caller Information Name Phone Number Address Email Details Subject Old Court House Created by Cathy Date Created 4/1/2019 9:21:52 AM Last Modified 4/1/2019 11:02:29 AM Status (required) Description As a former member of the court system who worked in the old city hall/court house, Mr. Swain expressed the very strong opinion that the building has outlived its usefulness. The best thing to do is to tear it down, level it to show off the nice new look of City Hall, make a park-like setting at that corner. You are right on with your plans for the old building Page 442 of 737 1 Bill Matson From:Carey Campbell Sent:Tuesday, April 9, 2019 12:10 PM To:Bill Matson; Alex Herlovitch; Ken Todd Subject:FW: City Council 09 April 2019 Agenda Item: 8.8 PBD 4310 Queen Street Attachments:OMTCS Evaluation Form.pdf Importance:High From: Laurie Brady <LaurieBrady@cmail.carleton.ca> Sent: Tuesday, April 9, 2019 9:57 AM To: Jim Diodati <jdiodati@niagarafalls.ca>; Wayne Campbell <wcampbell@niagarafalls.ca>; Chris Dabrowski <cdabrowski@niagarafalls.ca>; Carolynn Ioannoni <ioannoni@niagarafalls.ca>; Vince Kerrio <vkerrio@niagarafalls.ca>; Lori Lococo <llococo@niagarafalls.ca>; Victor Pietrangelo <vpietrangelo@niagarafalls.ca>; Mike Strange <mstrange@niagarafalls.ca>; Wayne Thomson Fallview Account <wthomson@fallsviewgroup.com> Cc: Peggy Boyle <pboyle@niagarafalls.ca>; alexcolangelo@rogers.com Subject: City Council 09 April 2019 Agenda Item: 8.8 PBD 4310 Queen Street Importance: High To: His Worship, Mayor Diodati and Council, CC: Peggy Boyle, Heritage Planner Alex Colangelo Further to my concerns about Agenda item 8.7 PBD-2019-26 Demolition of Former Court House and City Hall 4310 Queen Street, which I shared by email (below), I have one about the report from Alex Herlovitch, Director of Planning, Building, and Development for: PBD-2019-23 Matters Arising from Municipal Heritage Committee Former Old City Hall, 4300 Queen Street Former Parks Building, 7565 Lundy's Lane PBD-2019-23, Matters Arising from MHC, Former City Hall & PRC Building It is not explicitly clear that the Municipal Heritage Committee's motion “That prior to any approval of demolition of the listed old City Hall, that a full Heritage Impact Assessment be completed to identify the heritage value of the property” is required under section 29 of the Ontario Heritage Act for listed (non-designated) properties such as the subject property 4300 Queen Street. Nor did the report indicate to you that listed properties are acknowledged under Section 2 of the Provincial Policy Statement of the Planning Act. Page 443 of 737 2 Following the attached OMTCS Criteria Checklist, which speaks to both Acts, has a Cultural Heritage Evaluation Report (CHER), or Statement of Cultural Heritage Value, been prepared for the subject property? If so, may I obtain a copy, please? The required Heritage Impact Assessment, once completed, may influence the design of a future park, such as retention of the extant original form/materials of the Former Old City Hall. If the cost of the park design will be a factor in Council decisions, such as one to demolish, will several competitive quotes be provided by vendors first? I presumed that 2-2-3 competitive quotes would be required by Council to estimate the cost of demolition, but it appears that OESN alone provided it: PBD-2019-26. Demolition of Former Court House and City Hall 4310 Queen Street The Professional Engineer recommended by OESN should also be a member of CAHP, the Canadian Association of Heritage Professionals, given the subject property is listed for its heritage value. Unfortunately, I cannot attend your public meeting as I teach until 5 PM today in Hamilton. Certainly, Peggy Boyle, Heritage Planner, has been invited to attend the meeting to counsel Council. Yours truly, Laurie Brady, MA From: Laurie Brady Sent: April 9, 2019 8:39 AM To: jdiodati@niagarafalls.ca; wcampbell@niagarafalls.ca; cdabrowski@niagarafalls.ca; ioannoni@niagarafalls.ca; vkerrio@niagarafalls.ca; llococo@niagarafalls.ca; vpietrangelo@niagarafalls.ca; mstrange@niagarafalls.ca; wthomson@fallsviewgroup.com Cc: alexcolangelo@rogers.com Subject: PBD-2019-26 Demolition of Former Court House and City Hall 4310 Queen Street Mayor Jim Diodati: Councillor Wayne Campbell: Councillor Chris Dabrowski: Councillor Carolynn Ioannoni: Councillor Vince A. Kerrio: Councillor Lori Lococo: Councillor Victor Pietrangelo: Councillor Mike Strange: Councillor Wayne Thomson: CC: Peggy Boyle, Heritage Planner Page 444 of 737 3 Dear Honourable Mayor and Councillors, I am writing with concern regarding the recommendation from Alex Herlovitch, Director of Planning, Building & Development, https://niagarafalls.civicweb.net/document/16509. It makes no mention of the actions required by the Ontario Heritage Act and Planning Act to evaluate the heritage value of the subject property and to assess the impact of demolition. It is my understanding that the subject property is listed on your municipal heritage register. The attached document, from the Ontario Ministry of Tourism, Culture, and Sport, outlines the requirements for a CHER cultural heritage evolution report and/or a CHIA cultural heritage impact assessment. I trust that your Heritage Planner has been notified of your agenda item today to discuss the subject property. Yours truly, Laurie Brady, MA Architectural Historian and Historical Researcher Page 445 of 737 0500E (2016/11) © Queen's Printer for Ontario, 2016 Disponible en français Page 1 of 8 Ministry of Tourism, Culture and Sport Programs & Services Branch 401 Bay Street, Suite 1700 Toronto ON M7A 0A7 Criteria for Evaluating Potential for Built Heritage Resources and Cultural Heritage Landscapes A Checklist for the Non-Specialist The purpose of the checklist is to determine: • if a property(ies) or project area: • is a recognized heritage property • may be of cultural heritage value • it includes all areas that may be impacted by project activities, including – but not limited to: • the main project area • temporary storage • staging and working areas • temporary roads and detours Processes covered under this checklist, such as: • Planning Act • Environmental Assessment Act • Aggregates Resources Act • Ontario Heritage Act – Standards and Guidelines for Conservation of Provincial Heritage Properties Cultural Heritage Evaluation Report (CHER) If you are not sure how to answer one or more of the questions on the checklist, you may want to hire a qualified person(s) (see page 5 for definitions) to undertake a cultural heritage evaluation report (CHER). The CHER will help you: • identify, evaluate and protect cultural heritage resources on your property or project area • reduce potential delays and risks to a project Other checklists Please use a separate checklist for your project, if: • you are seeking a Renewable Energy Approval under Ontario Regulation 359/09 – separate checklist • your Parent Class EA document has an approved screening criteria (as referenced in Question 1) Please refer to the Instructions pages for more detailed information and when completing this form. Page 446 of 737 0500E (2016/11) Page 2 of 8 Project or Property Name Project or Property Location (upper and lower or single tier municipality) Proponent Name Proponent Contact Information Screening Questions Yes No 1. Is there a pre-approved screening checklist, methodology or process in place? If Yes, please follow the pre-approved screening checklist, methodology or process. If No, continue to Question 2. Part A: Screening for known (or recognized) Cultural Heritage Value Yes No 2. Has the property (or project area) been evaluated before and found not to be of cultural heritage value? If Yes, do not complete the rest of the checklist. The proponent, property owner and/or approval authority will: • summarize the previous evaluation and • add this checklist to the project file, with the appropriate documents that demonstrate a cultural heritage evaluation was undertaken The summary and appropriate documentation may be: • submitted as part of a report requirement • maintained by the property owner, proponent or approval authority If No, continue to Question 3. Yes No 3. Is the property (or project area): a. identified, designated or otherwise protected under the Ontario Heritage Act as being of cultural heritage value? b. a National Historic Site (or part of)? c. designated under the Heritage Railway Stations Protection Act? d. designated under the Heritage Lighthouse Protection Act? e. identified as a Federal Heritage Building by the Federal Heritage Buildings Review Office (FHBRO)? f. located within a United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Site? If Yes to any of the above questions, you need to hire a qualified person(s) to undertake: • a Cultural Heritage Evaluation Report, if a Statement of Cultural Heritage Value has not previously been prepared or the statement needs to be updated If a Statement of Cultural Heritage Value has been prepared previously and if alterations or development are proposed, you need to hire a qualified person(s) to undertake: • a Heritage Impact Assessment (HIA) – the report will assess and avoid, eliminate or mitigate impacts If No, continue to Question 4. Page 447 of 737 0500E (2016/11) Page 3 of 8 Part B: Screening for Potential Cultural Heritage Value Yes No 4. Does the property (or project area) contain a parcel of land that: a. is the subject of a municipal, provincial or federal commemorative or interpretive plaque? b. has or is adjacent to a known burial site and/or cemetery? c. is in a Canadian Heritage River watershed? d. contains buildings or structures that are 40 or more years old? Part C: Other Considerations Yes No 5. Is there local or Aboriginal knowledge or accessible documentation suggesting that the property (or project area): a. is considered a landmark in the local community or contains any structures or sites that are important in defining the character of the area? b. has a special association with a community, person or historical event? c. contains or is part of a cultural heritage landscape? If Yes to one or more of the above questions (Part B and C), there is potential for cultural heritage resources on the property or within the project area. You need to hire a qualified person(s) to undertake: • a Cultural Heritage Evaluation Report (CHER) If the property is determined to be of cultural heritage value and alterations or development is proposed, you need to hire a qualified person(s) to undertake: • a Heritage Impact Assessment (HIA) – the report will assess and avoid, eliminate or mitigate impacts If No to all of the above questions, there is low potential for built heritage or cultural heritage landscape on the property. The proponent, property owner and/or approval authority will: • summarize the conclusion • add this checklist with the appropriate documentation to the project file The summary and appropriate documentation may be: • submitted as part of a report requirement e.g. under the Environmental Assessment Act, Planning Act processes • maintained by the property owner, proponent or approval authority Page 448 of 737 0500E (2016/11) Page 4 of 8 Instructions Please have the following available, when requesting information related to the screening questions below: • a clear map showing the location and boundary of the property or project area • large scale and small scale showing nearby township names for context purposes • the municipal addresses of all properties within the project area • the lot(s), concession(s), and parcel number(s) of all properties within a project area For more information, see the Ministry of Tourism, Culture and Sport’s Ontario Heritage Toolkit or Standards and Guidelines for Conservation of Provincial Heritage Properties. In this context, the following definitions apply: • qualified person(s) means individuals – professional engineers, architects, archaeologists, etc. – having relevant, recent experience in the conservation of cultural heritage resources. • proponent means a person, agency, group or organization that carries out or proposes to carry out an undertaking or is the owner or person having charge, management or control of an undertaking. 1. Is there a pre-approved screening checklist, methodology or process in place? An existing checklist, methodology or process may already be in place for identifying potential cultural heritage resources, including: • one endorsed by a municipality • an environmental assessment process e.g. screening checklist for municipal bridges • one that is approved by the Ministry of Tourism, Culture and Sport (MTCS) under the Ontario government’s Standards & Guidelines for Conservation of Provincial Heritage Properties [s.B.2.] Part A: Screening for known (or recognized) Cultural Heritage Value 2. Has the property (or project area) been evaluated before and found not to be of cultural heritage value? Respond ‘yes’ to this question, if all of the following are true: A property can be considered not to be of cultural heritage value if: • a Cultural Heritage Evaluation Report (CHER) - or equivalent - has been prepared for the property with the advice of a qualified person and it has been determined not to be of cultural heritage value and/or • the municipal heritage committee has evaluated the property for its cultural heritage value or interest and determined that the property is not of cultural heritage value or interest A property may need to be re-evaluated, if: • there is evidence that its heritage attributes may have changed • new information is available • the existing Statement of Cultural Heritage Value does not provide the information necessary to manage the property • the evaluation took place after 2005 and did not use the criteria in Regulations 9/06 and 10/06 Note: Ontario government ministries and public bodies [prescribed under Regulation 157/10] may continue to use their existing evaluation processes, until the evaluation process required under section B.2 of the Standards & Guidelines for Conservation of Provincial Heritage Properties has been developed and approved by MTCS. To determine if your property or project area has been evaluated, contact: • the approval authority • the proponent • the Ministry of Tourism, Culture and Sport 3a. Is the property (or project area) identified, designated or otherwise protected under the Ontario Heritage Act as being of cultural heritage value e.g.: i. designated under the Ontario Heritage Act • individual designation (Part IV) • part of a heritage conservation district (Part V) Page 449 of 737 0500E (2016/11) Page 5 of 8 Individual Designation – Part IV A property that is designated: • by a municipal by-law as being of cultural heritage value or interest [s.29 of the Ontario Heritage Act] • by order of the Minister of Tourism, Culture and Sport as being of cultural heritage value or interest of provincial significance [s.34.5]. Note: To date, no properties have been designated by the Minister. Heritage Conservation District – Part V A property or project area that is located within an area designated by a municipal by-law as a heritage conservation district [s. 41 of the Ontario Heritage Act]. For more information on Parts IV and V, contact: • municipal clerk • Ontario Heritage Trust • local land registry office (for a title search) ii. subject of an agreement, covenant or easement entered into under Parts II or IV of the Ontario Heritage Act An agreement, covenant or easement is usually between the owner of a property and a conservation body or level of government. It is usually registered on title. The primary purpose of the agreement is to: • preserve, conserve, and maintain a cultural heritage resource • prevent its destruction, demolition or loss For more information, contact: • Ontario Heritage Trust - for an agreement, covenant or easement [clause 10 (1) (c) of the Ontario Heritage Act] • municipal clerk – for a property that is the subject of an easement or a covenant [s.37 of the Ontario Heritage Act] • local land registry office (for a title search) iii. listed on a register of heritage properties maintained by the municipality Municipal registers are the official lists - or record - of cultural heritage properties identified as being important to the community. Registers include: • all properties that are designated under the Ontario Heritage Act (Part IV or V) • properties that have not been formally designated, but have been identified as having cultural heritage value or interest to the community For more information, contact: • municipal clerk • municipal heritage planning staff • municipal heritage committee iv. subject to a notice of: • intention to designate (under Part IV of the Ontario Heritage Act) • a Heritage Conservation District study area bylaw (under Part V of the Ontario Heritage Act) A property that is subject to a notice of intention to designate as a property of cultural heritage value or interest and the notice is in accordance with: • section 29 of the Ontario Heritage Act • section 34.6 of the Ontario Heritage Act. Note: To date, the only applicable property is Meldrum Bay Inn, Manitoulin Island. [s.34.6] An area designated by a municipal by-law made under section 40.1 of the Ontario Heritage Act as a heritage conservation district study area. For more information, contact: • municipal clerk – for a property that is the subject of notice of intention [s. 29 and s. 40.1] • Ontario Heritage Trust Page 450 of 737 0500E (2016/11) Page 6 of 8 v. included in the Ministry of Tourism, Culture and Sport’s list of provincial heritage properties Provincial heritage properties are properties the Government of Ontario owns or controls that have cultural heritage value or interest. The Ministry of Tourism, Culture and Sport (MTCS) maintains a list of all provincial heritage properties based on information provided by ministries and prescribed public bodies. As they are identified, MTCS adds properties to the list of provincial heritage properties. For more information, contact the MTCS Registrar at registrar@ontario.ca. 3b. Is the property (or project area) a National Historic Site (or part of)? National Historic Sites are properties or districts of national historic significance that are designated by the Federal Minister of the Environment, under the Canada National Parks Act, based on the advice of the Historic Sites and Monuments Board of Canada. For more information, see the National Historic Sites website. 3c. Is the property (or project area) designated under the Heritage Railway Stations Protection Act? The Heritage Railway Stations Protection Act protects heritage railway stations that are owned by a railway company under federal jurisdiction. Designated railway stations that pass from federal ownership may continue to have cultural heritage value. For more information, see the Directory of Designated Heritage Railway Stations. 3d. Is the property (or project area) designated under the Heritage Lighthouse Protection Act? The Heritage Lighthouse Protection Act helps preserve historically significant Canadian lighthouses. The Act sets up a public nomination process and includes heritage building conservation standards for lighthouses which are officially designated. For more information, see the Heritage Lighthouses of Canada website. 3e. Is the property (or project area) identified as a Federal Heritage Building by the Federal Heritage Buildings Review Office? The role of the Federal Heritage Buildings Review Office (FHBRO) is to help the federal government protect the heritage buildings it owns. The policy applies to all federal government departments that administer real property, but not to federal Crown Corporations. For more information, contact the Federal Heritage Buildings Review Office. See a directory of all federal heritage designations. 3f. Is the property (or project area) located within a United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Site? A UNESCO World Heritage Site is a place listed by UNESCO as having outstanding universal value to humanity under the Convention Concerning the Protection of the World Cultural and Natural Heritage. In order to retain the status of a World Heritage Site, each site must maintain its character defining features. Currently, the Rideau Canal is the only World Heritage Site in Ontario. For more information, see Parks Canada – World Heritage Site website. Part B: Screening for potential Cultural Heritage Value 4a. Does the property (or project area) contain a parcel of land that has a municipal, provincial or federal commemorative or interpretive plaque? Heritage resources are often recognized with formal plaques or markers. Plaques are prepared by: • municipalities • provincial ministries or agencies • federal ministries or agencies • local non-government or non-profit organizations Page 451 of 737 0500E (2016/11) Page 7 of 8 For more information, contact: • municipal heritage committees or local heritage organizations – for information on the location of plaques in their community • Ontario Historical Society’s Heritage directory – for a list of historical societies and heritage organizations • Ontario Heritage Trust – for a list of plaques commemorating Ontario’s history • Historic Sites and Monuments Board of Canada – for a list of plaques commemorating Canada’s history 4b. Does the property (or project area) contain a parcel of land that has or is adjacent to a known burial site and/or cemetery? For more information on known cemeteries and/or burial sites, see: • Cemeteries Regulations, Ontario Ministry of Consumer Services – for a database of registered cemeteries • Ontario Genealogical Society (OGS) – to locate records of Ontario cemeteries, both currently and no longer in existence; cairns, family plots and burial registers • Canadian County Atlas Digital Project – to locate early cemeteries In this context, adjacent means contiguous or as otherwise defined in a municipal official plan. 4c. Does the property (or project area) contain a parcel of land that is in a Canadian Heritage River watershed? The Canadian Heritage River System is a national river conservation program that promotes, protects and enhances the best examples of Canada’s river heritage. Canadian Heritage Rivers must have, and maintain, outstanding natural, cultural and/or recreational values, and a high level of public support. For more information, contact the Canadian Heritage River System. If you have questions regarding the boundaries of a watershed, please contact: • your conservation authority • municipal staff 4d. Does the property (or project area) contain a parcel of land that contains buildings or structures that are 40 or more years old? A 40 year ‘rule of thumb’ is typically used to indicate the potential of a site to be of cultural heritage value. The approximate age of buildings and/or structures may be estimated based on: • history of the development of the area • fire insurance maps • architectural style • building methods Property owners may have information on the age of any buildings or structures on their property. The municipality, local land registry office or library may also have background information on the property. Note: 40+ year old buildings or structure do not necessarily hold cultural heritage value or interest; their age simply indicates a higher potential. A building or structure can include: • residential structure • farm building or outbuilding • industrial, commercial, or institutional building • remnant or ruin • engineering work such as a bridge, canal, dams, etc. For more information on researching the age of buildings or properties, see the Ontario Heritage Tool Kit Guide Heritage Property Evaluation. Page 452 of 737 0500E (2016/11) Page 8 of 8 Part C: Other Considerations 5a. Is there local or Aboriginal knowledge or accessible documentation suggesting that the property (or project area) is considered a landmark in the local community or contains any structures or sites that are important to defining the character of the area? Local or Aboriginal knowledge may reveal that the project location is situated on a parcel of land that has potential landmarks or defining structures and sites, for instance: • buildings or landscape features accessible to the public or readily noticeable and widely known • complexes of buildings • monuments • ruins 5b. Is there local or Aboriginal knowledge or accessible documentation suggesting that the property (or project area) has a special association with a community, person or historical event? Local or Aboriginal knowledge may reveal that the project location is situated on a parcel of land that has a special association with a community, person or event of historic interest, for instance: • Aboriginal sacred site • traditional-use area • battlefield • birthplace of an individual of importance to the community 5c. Is there local or Aboriginal knowledge or accessible documentation suggesting that the property (or project area) contains or is part of a cultural heritage landscape? Landscapes (which may include a combination of archaeological resources, built heritage resources and landscape elements) may be of cultural heritage value or interest to a community. For example, an Aboriginal trail, historic road or rail corridor may have been established as a key transportation or trade route and may have been important to the early settlement of an area. Parks, designed gardens or unique landforms such as waterfalls, rock faces, caverns, or mounds are areas that may have connections to a particular event, group or belief. For more information on Questions 5.a., 5.b. and 5.c., contact: • Elders in Aboriginal Communities or community researchers who may have information on potential cultural heritage resources. Please note that Aboriginal traditional knowledge may be considered sensitive. • municipal heritage committees or local heritage organizations • Ontario Historical Society’s “Heritage Directory” - for a list of historical societies and heritage organizations in the province An internet search may find helpful resources, including: • historical maps • historical walking tours • municipal heritage management plans • cultural heritage landscape studies • municipal cultural plans Information specific to trails may be obtained through Ontario Trails. Page 453 of 737 mowooemw:95 usennnemonnnonouneonnoneomnnmonnoonnweonneoxo$55oneoneBeen nnonwonno>oneoumwnwone:onnnwmononwwwomanweBenonnnw?nonnowo35:00 maeennswoonnonwn?onnboomeneoomwennenoneanwooenoomneee neecnnonnwennmnonnNALoonwnmnnoxomwmmnmnnonnnwn?eononew?nontenmnenmo mnneewonenmnnoennmnnBovowmwnnonwnm?onnnnno .monmnn_wnownonxonneon:wensmomeonnmnmnmdon:qmone.weennewa monoPomononn weaonbmnenononnonnxonnzwnmnnoxoEnnmnnonnn£5wemonnncnmowmnnonneioioonH moSn_.E<0SwnowwwOnonComonw omnon?noomwenow:$3onomenEnawwECnnomonmonnwenenn?nmneononw<dmonnn nnonmanmwnoonoonew>omnoowwnwvwwe33oneonew53E83EenwoEenwnnnnnnon £8:onenew>23onneewoaonemnnwxnonnanmnw«EwenZweEMUonnweownonennmnno>o nn?nenunnwenonnnnnmweonmonnnoonwon?nennwwwbnuwenenennwononnonwweenw .%n.mmnnoUnonenbmnev 5:3.oneannnnnononeme?onrw..0.>noonnonoEoonanwoonmnmonoonQ3ownummwE?ne oneweNmammno?nnmnownewonenewzonbmnanonennonnwxonnwenownmenrnoonwwnnoRonni oneno?»woonowoonnononewoznmme?wnwewwnnonw.23¢oamwmwzwe55Sonon“new nmww55omnwoneonaoon?nemnmnwEmm?zwe56oneonneoononweannnwoo?nnmmnm?m o:n>wonenHnnEQonenenwnonon>92.3»on.no>omnonnntomnewnononwenonnnnn mwoomnennnamem<.329nne_.nenoonneoxnnnnnoneonnénonnnnn?weBmnmemww nno_.noonnonoanwoonwnmoe£3oweownnnnenwnoweomen?onenewnewenmnawwnonnowz nnowwnBoHon.weonbmonmnmnmnonennone:nnnnnn$3noww55E0mnenwSnwmwz .39AbmnnmwneEonnnno>oOnmnewmomwenno>wom onnnnamonoRownmmnmeomwnobnomnonwnnwonemxo.o=n>w.nennnnEQendnonwnonnwwnmw wewoman?onecanmwnwnaow;wnownn?mnonbowo?weBe5%?neonw..m=mnwEowonz we56o?wennoEmo_o>oenod£32»onnweo>nSnmn=_2wnnwnwnn$5$33mnmnnE umononnwnoon_m>omonnoww—.®.wD:§U.«Onnonnonmm .=mw.w35mnonwoaowenzenobnoonewennenwnwbnoonwodeoonmnoonOone onmwwenonneonmokfnnnomonnnomonsoonmnnennnon/nommwnmwwE5E0mnnwnwmaommnz toBanwenewroom. nn<nWEDD40mus/on<n<o/nz pmmmmbznMOm5n<>mo?nnmn43555LOezmzmn?m Page 454 of 737 1 Bill Matson From:Carey Campbell Sent:Tuesday, April 9, 2019 12:06 PM To:Alex Herlovitch; Bill Matson; Ken Todd Subject:FW: Petition - 2000 signatures Attachments:Petition Signatures.pdf; Petition Comments.pdf From: ALEX COLANGELO <alexcolangelo@rogers.com> Sent: Tuesday, April 9, 2019 10:43 AM To: Wayne Campbell <wcampbell@niagarafalls.ca>; Chris Dabrowski <cdabrowski@niagarafalls.ca>; Carolynn Ioannoni <ioannoni@niagarafalls.ca>; Vince Kerrio <vkerrio@niagarafalls.ca>; Lori Lococo <llococo@niagarafalls.ca>; Victor Pietrangelo <vpietrangelo@niagarafalls.ca>; Mike Strange <mstrange@niagarafalls.ca>; Wayne Thomson Fallview Account <wthomson@fallsviewgroup.com>; Jim Diodati <jdiodati@niagarafalls.ca> Cc: John Law <john.law@niagaradailies.com>; Laurie Brady <lauriebrady@cmail.carleton.ca> Subject: Petition - 2000 signatures Dear Mayor and Councillors - As you may know, I recently began a petition on change.org to gather support to save the old town hall. You can find the petition here: https://www.change.org/p/mayor-jim-diodati-stop-the-demolition- of-niagara-falls-historic-town-hall-1866 In advance of your meeting tonight, I wanted to send the petition to you for consideration. Attached is a list of the almost 2000 people that have signed the petition thus far. As you can see, while many live in Niagara Falls, there are numerous people from across Canada and the United States who are interested in this issue, coming from as far away as California and Texas. Senator Linda Frum, whose grandparents owned Rosbergs across the street, is also a signatory. As she said on Twitter in response to heritage preservation, "We don't do enough of that in Canada." I am also attaching a list of comments left by signatories to the petition. You can see there are many people interested in saving the town hall. I hope that in light of public interest in this matter, the obligation under applicable legislation and the Official Plan to complete a heritage assessment, and the concerns previously expressed in regards to the staff report, that you will reconsider demolition. Thank you again, Alex Colangelo Page 455 of 737 Recipient:Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris Dabrowski, Councillor Carolyn Ioannoni, Councillor Vince A. Kerrio, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor ... Letter:Greetings, Please reconsider the decision to demolish Niagara Falls' historic Town Hall. This building was built in 1866, has been the home of our local democracy, and should be renovated to help rejuvenate our downtown. Page 456 of 737 Signatures Name Location Date Alex Colangelo Toronto, Canada 2019-03-21 Daniel Radice Niagara Falls, Canada 2019-03-21 Megan Collee Canada 2019-03-21 Nathan Chamberland Niagara Falls, Canada 2019-03-21 Gerry Chamberland Niagara Falls, Canada 2019-03-21 Robert Mellor Niagara Falls, Canada 2019-03-21 Sean Chamberland Grimsby, Canada 2019-03-21 R M Niagara Falls, Canada 2019-03-21 jonathan Lawrence Toronto, Canada 2019-03-21 Jillian Ives Toronto, Canada 2019-03-21 peder myhr toronto, Canada 2019-03-21 Christian Bell Niagara Falls, Canada 2019-03-21 Linda Babb Niagara Falls, Canada 2019-03-21 Helen Weir Saint Catharines, Canada 2019-03-21 Jon Lawson Burlington, Canada 2019-03-21 helen cecckin st catherines ont., Canada 2019-03-21 Charlene Green St Catharines, Canada 2019-03-21 Jane Gadsby Beamsville, Canada 2019-03-21 Becky Dinwoodie Whitby, Canada 2019-03-21 Trevor Godinho Toronto, Canada 2019-03-21 Page 457 of 737 Name Location Date Mairi Babb Toronto, Canada 2019-03-21 Daniel McKinnon Belleville, ON, Canada 2019-03-21 Jennifer Hollett Toronto, Canada 2019-03-21 Victoria Randle Niagara Falls, Canada 2019-03-21 Preetom Karim Toronto, Canada 2019-03-21 Fiona McMurran Welland, Canada 2019-03-21 Nikita Gordyn Welland, Canada 2019-03-21 Martha Colangelo Fort Erie, Canada 2019-03-21 Tia Corfmat Niagara Falls, Canada 2019-03-21 Eric Bradshaw Saint Catharines, Canada 2019-03-21 Timothy Healey St. Catharines, Canada 2019-03-21 Amanda Mathewson Minden, Canada 2019-03-21 Leigh Foster Niagara-on-the-lake, Canada 2019-03-21 Tom Arnold London, Canada 2019-03-21 Jennifer Hay St. Catharines, Canada 2019-03-21 catherine nasmith Toronto, Canada 2019-03-21 Paul Ainslie Toronto, Canada 2019-03-21 Gordon Cleland Saint Catharines, Canada 2019-03-21 Kayla Fennessy Orleans, Canada 2019-03-21 Robert Prowse Cornwall, Canada 2019-03-21 Jan Skublak Toronto, Canada 2019-03-21 Laura Love Peace River, Canada 2019-03-21 Page 458 of 737 Name Location Date Alex Beckmann Toronto, Canada 2019-03-21 yes no Canada 2019-03-21 Bruce Robertson Airdrie, Canada 2019-03-21 Architectural Conservancy Ontario Port Hope Port Hope, Canada 2019-03-21 Bill Smith Oakville, Canada 2019-03-21 Carla Rienzo Niagara Falls, Canada 2019-03-21 Ben Milligan HALIFAX, Canada 2019-03-21 Norman Newbery Hamilton, Canada 2019-03-21 Kristan Klimczak Toronto, Canada 2019-03-21 Jill Glessing Toronto, Canada 2019-03-21 Jason Jeandron Fredericton, NB, Canada 2019-03-21 Christian Skublak Markham, Canada 2019-03-21 Joyce Camus Sudbury, Canada 2019-03-21 Bowland Minna Chamcook, Canada 2019-03-21 Emma Bowland Peterborough, Canada 2019-03-21 Darren Platakis St. Catharines, Canada 2019-03-21 ingrid drexler Toronto, Canada 2019-03-21 Neil J.C. Dekker Niagara Falls, Canada 2019-03-21 duncan arthurs owen sound, Canada 2019-03-21 neil gowan Hagersville, Canada 2019-03-21 Jeremy Parsons Stouffville, Canada 2019-03-21 Page 459 of 737 Name Location Date Daniel Parker Niagara Falls, Canada 2019-03-21 Scott Tripp Dundas, Canada 2019-03-21 Rishana Bal Brampton, Canada 2019-03-21 John Hickson Niagara, Canada 2019-03-21 Curtis Lovelace Saint Catharines, Canada 2019-03-21 Oliver Fasola Whitby, Canada 2019-03-21 Kelly Friesman Niagara Falls, ON, Canada 2019-03-21 Samantha Senisi Ottawa, Canada 2019-03-21 Lindsay Bryan Welland, Canada 2019-03-21 Christine Oliver Oakville, Canada 2019-03-21 Shelley Henderson Niagara Falls, Canada 2019-03-21 matia bussey Toronto, Canada 2019-03-21 lory jAmes toronto, Canada 2019-03-21 Gary King Welland, Canada 2019-03-21 Daisy Clements Newmarket, Canada 2019-03-21 Karen Lehnen Goderich, Canada 2019-03-21 M Pleau Lively, Canada 2019-03-21 Jamie Jones Niagara Falls, Canada 2019-03-21 Alice Meloche hamilton, Canada 2019-03-21 alexandra Z Mississauga, Canada 2019-03-21 Kirsten Ernesaks Saint Catharines, Canada 2019-03-21 Frank Iudiciani Welland, Canada 2019-03-21 Page 460 of 737 Name Location Date Rita Yin Guelph, Canada 2019-03-21 Mason Carr Fredericton, Canada 2019-03-21 Larry Storm Hamilton, Canada 2019-03-21 Alex Bell Niagara falls, Canada 2019-03-21 Lauren Soles Niagara Falls, Canada 2019-03-21 Jonathan Giggs Etobicoke, Canada 2019-03-21 Melissa Alberga Niagara Falls, Canada 2019-03-21 Michael Brown Toronto, Canada 2019-03-21 Christine Watkins Fort Erie, Canada 2019-03-21 H Massey North York, Canada 2019-03-21 Josephine Lopers Waterloo, Canada 2019-03-21 Dino Paoletti Toronto, Canada 2019-03-21 Brianne Henderson Niagara Falls, Canada 2019-03-21 Amanda Chiu Ottawa, Canada 2019-03-21 Tracy Stewart Niagara Falls, Canada 2019-03-21 BL Barlow Sudbury, Canada 2019-03-21 Kara Sloan Niagara Falls, Canada 2019-03-21 Kenneth Westhues Niagara Falls, Canada 2019-03-21 Chris Callaghan London, Canada 2019-03-21 janice bunn Niagara Falls, Canada 2019-03-21 Liliana Bogran Ottawa, Canada 2019-03-21 John De Verteuil Fonthill, Canada 2019-03-21 Page 461 of 737 Name Location Date Maria Evans Mississauga, Canada 2019-03-21 Lynda Morley Canada 2019-03-21 Kira riley Hamilton, Canada 2019-03-21 Neal Pilger Saint Catharines, Canada 2019-03-21 Kim Snyder Niagara Falls, Canada 2019-03-21 Amy lang Ajax, Canada 2019-03-21 Krissy Lankin Niagara-on-the-lake, Canada 2019-03-21 Philip Morin North York, Canada 2019-03-21 Marisa Zamperin Niagara Falls, Canada 2019-03-21 Tom Jakop Saint Catharines, Canada 2019-03-21 Amy Desson Niagara Falls, Canada 2019-03-21 Bob Milne Welland, Canada 2019-03-21 Lisa Chadwick Sauble Beach, Canada 2019-03-21 Landen Chard Brockville, Canada 2019-03-21 Jennifer Arnold Niagara Falls, Canada 2019-03-21 John Egger Niagara Falls, Ontario, Canada 2019-03-21 Lisa Berg Aylmer, Canada 2019-03-21 Sierra Maidlow Edmonton, Canada 2019-03-21 Chelsea Wicks niagara falls, Canada 2019-03-21 Charlotte Boyd-Bedford Canada 2019-03-21 Brian Puskas Niagara-on-the-lake, Canada 2019-03-21 Kyle Nanakdewa Cambridge, Canada 2019-03-21 Page 462 of 737 Name Location Date Eva Teresa Rhode Oshawa, Canada 2019-03-21 Nina Bodino Winnipeg, Canada 2019-03-21 Ronald Unger Ayr, Canada 2019-03-21 Maegan Stitt St Catharines, Canada 2019-03-21 Janice Shanessy Welland, Canada 2019-03-21 Jessica Loza Havelock, Canada 2019-03-21 Ron Mellor Chatham, Canada 2019-03-21 Christy Nordlund Montréal, Canada 2019-03-21 Lorna Lane Niagara Falls, Canada 2019-03-21 Greg Carraro Mississauga, Canada 2019-03-21 dustin macpherson Niagara Falls, Canada 2019-03-21 David Biernacki Toronto, Canada 2019-03-21 Yvonne Verberg London, Canada 2019-03-21 Marwan Khoury Toronto, Canada 2019-03-21 Amanda Hall St.Catharines, Canada 2019-03-21 Joanne Kostuk Thorold, Canada 2019-03-21 Hunter Cootes Port Alberni, Canada 2019-03-21 Raymond Duguay Niagara Falls, Canada 2019-03-21 steve clifford Saint Catharines, Canada 2019-03-21 Debra Jackson-jones Niagara-on-the-lake, Canada 2019-03-21 Lenna Phenix Niagara Falls, Canada 2019-03-21 Sandra Alie Woodbridge, Canada 2019-03-21 Page 463 of 737 Name Location Date Kimberly Downey Niagara Falls, Canada 2019-03-21 Stevee John Campbell Niagara Falls, Canada 2019-03-21 Kevin Fitzpatrick St. Catharines, Canada 2019-03-21 Ted Dekker Hamilton, Canada 2019-03-21 Shannon Clayton Toronto, Canada 2019-03-21 Monica Hepburn Niagara Falls, Canada 2019-03-21 Joseph Theriault St-Catharines, Canada 2019-03-21 Kristy Love Canada 2019-03-21 Neil Blythin Niagara Falls, Canada 2019-03-21 Chris Smith North York, Canada 2019-03-21 Jason Shackleton St. Catharines, Canada 2019-03-21 Donna Bedore Niagara Falls, Canada 2019-03-21 Sean-Ryan Sasek Milton, Canada 2019-03-21 JEREMY WILLICK niagara falls, Canada 2019-03-21 Carmenita Dawdy Niagara Falls, Canada 2019-03-21 Zachary Randle Niagara,falls, Canada 2019-03-21 maggie lyons toronto, Canada 2019-03-21 Dianne Ryan Port Colborne, Canada 2019-03-21 Jennifer McConnell Guelph, Canada 2019-03-21 Jenifer Foster Saint Catharines, Canada 2019-03-21 Kayla Zachariah Picton, Canada 2019-03-21 Megan Jackson London, Canada 2019-03-21 Page 464 of 737 Name Location Date Patrick Crummey Toronto, Canada 2019-03-21 Brian MacDougall Saint Catharines, Canada 2019-03-21 Patti Bauer Niagara Falls, Canada 2019-03-21 Teresa Vollick Niagara Falls, Canada 2019-03-21 Kate Mullane Niagara Falls, Canada 2019-03-21 Leah Salt Burlington, Canada 2019-03-21 wendy Foster-Ellis Niagara Falls, Canada 2019-03-21 Steve Cournoyea Saint Catharines, Canada 2019-03-21 Kevin Til Niagara Falls, Canada 2019-03-21 Bohdan Vasylyshyn Calgary, Canada 2019-03-21 Michael Lococo Niagara Falls, Canada 2019-03-21 Jonathan Adams Niagara Falls, Canada 2019-03-21 Malavika Menon Toronto, Canada 2019-03-21 Mark Hiller Toronto, Canada 2019-03-21 Di Gorton Haines City, UK 2019-03-21 Portia Hogarth Sarnia, Canada 2019-03-21 Jonas Falkenthal Mississauga, Canada 2019-03-21 Jeril Cherian Mississauga, Canada 2019-03-21 Gle da renfew, Canada 2019-03-21 Bob Sacco Mississauga, Canada 2019-03-21 Levi Wood Barrie, Canada 2019-03-21 Scott Crocco Niagara on the Lake, Canada 2019-03-21 Page 465 of 737 Name Location Date Robert Van Der Kley Niagara Falls, Canada 2019-03-21 Farzana Crocco Niagara-on-the-Lake, Canada 2019-03-21 sue PLUTHERO Hamilton, Canada 2019-03-21 carmine Colangelo niagara falls, Canada 2019-03-21 Karandeep Kang Barrie, Canada 2019-03-21 Eva Doyle Manotick, Canada 2019-03-21 Nancy Wilson East Perth, Australia 2019-03-21 Nathaniel Pellerin Niagara Falls, Canada 2019-03-21 GARY PLUTHERO Hamilton, Canada 2019-03-21 Lilian Gaudet Saint Catharines, Canada 2019-03-21 Cindy Brao Mississauga, Canada 2019-03-21 Robert Gogo Mississauga, Canada 2019-03-21 Jay Gillis Port Robinson, Canada 2019-03-21 Kristen Mooy St Catharines, Canada 2019-03-21 Sophie Ares Edmonton, Canada 2019-03-21 Andrew Smith Niagara Falls, Canada 2019-03-21 Gordon Drysdale Garson, Canada 2019-03-21 Madison Baker Ontario, Canada 2019-03-21 Margaret Catt New Liskeard, Canada 2019-03-21 Bev Picton Winnipeg, Canada 2019-03-22 Susan Grant Niagara Falls, Canada 2019-03-22 Nik Bennett Greater Hamilton, Canada 2019-03-22 Page 466 of 737 Name Location Date Kathirene Walker Mississauga, Canada 2019-03-22 Peter Corfield Niagara Falls, Canada 2019-03-22 hailey bann London, Canada 2019-03-22 Felicia Hebbard Hamilton, Canada 2019-03-22 Susan Wood Niagara falls, Canada 2019-03-22 Lorraine Racine Saint Catharines, Canada 2019-03-22 Aaron Huggett Oil Springs, Canada 2019-03-22 Jackie Watson Welland, Canada 2019-03-22 Tammy HANNELL Welland, Canada 2019-03-22 Mike Glenn London, Canada 2019-03-22 Shiloh Bell Toronto, Canada 2019-03-22 Matthew Upper Niagara Falls, Canada 2019-03-22 Janette Lane Niagara Falls, Canada 2019-03-22 Paul Logan Victoria, BC, Canada 2019-03-22 Hank Beekhuis Saint Catharines, Canada 2019-03-22 Jamie Bolus Niagara Falls, Canada 2019-03-22 Medella Oliver Niagara Falls, Canada 2019-03-22 Hartaj Bhinder Brampton, Canada 2019-03-22 zak Roberts Simcoe, Canada 2019-03-22 Chloe Richer Hamilton, Canada 2019-03-22 Sabrina Bennett Niagara Falls, Canada 2019-03-22 kristin ives leamington, Canada 2019-03-22 Page 467 of 737 Name Location Date Elizabet Tomilova Hamilton, Canada 2019-03-22 Stephanie Colucci Niagara Falls, Canada 2019-03-22 Gabriel Montoya Edmonton, Canada 2019-03-22 Rudy Guzman Niagara Falls, Canada 2019-03-22 Hind Khoury Ottawa, Canada 2019-03-22 Liz Howes Picton, Canada 2019-03-22 Liza Fare Fort Erie, Canada 2019-03-22 Yuniela Ramirez Niagara Falls, Canada 2019-03-22 Margaret Mingle Niagara Falls, Canada 2019-03-22 Vivienne Crawford Niagara Falls, Canada 2019-03-22 Yvonne Rothmaier Toronto, Canada 2019-03-22 g clark Niagara Falls, Canada 2019-03-22 Louise Judge NiagaraFalls, Canada 2019-03-22 LESLIE McLeod Niagara Falls, Canada 2019-03-22 Sue Ambeau PORT cOLBORNE, Canada 2019-03-22 Susan Parisi Newmarket, Canada 2019-03-22 Jeff Fournier North Bay, Canada 2019-03-22 Jillian Cameron Niagara Falls, Canada 2019-03-22 Steve Ganesamoorthy Stouffville, Canada 2019-03-22 Derek Jones North Bay, Canada 2019-03-22 Mark Brant Niagara Falls, Canada 2019-03-22 Samantha Cunningham Niagara Falls, Canada 2019-03-22 Page 468 of 737 Name Location Date Sondra Tontegode St Catharines, Canada 2019-03-22 Zach Fall Ottawa, Canada 2019-03-22 Scott Harvey Niagara Falls, Canada 2019-03-22 Kate Profijt Niagara Falls, Canada 2019-03-22 Liam Kimberley Niagara Falls, Canada 2019-03-22 John Sherrow Brooklyn, New York, US 2019-03-22 Kathy Paul Saint Davids, Canada 2019-03-22 Linda Wojcik Hamilton, Ontario, Canada 2019-03-22 Alejandro Valdes Carletti Kingston, Canada 2019-03-22 Chris Ashley Toronto, Canada 2019-03-22 Elizabeth Lemire Niagara falls, Canada 2019-03-22 Sean George Markham, Canada 2019-03-22 Ria Khakh New Westminster, Canada 2019-03-22 Colleen Cuviello niagara falls, Canada 2019-03-22 emily elia Niagara Falls, Canada 2019-03-22 Betty Donaher Collingwood, Canada 2019-03-22 Maxine Martin Caledonia, Canada 2019-03-22 Lucas Barrow Toronto, Canada 2019-03-22 Barbara Nixon Hamilton, Canada 2019-03-22 Craig Wolkowski Niagara Falls, Canada 2019-03-22 James McConnell Fort Erie, Canada 2019-03-22 Shannon Johnson Toronto, Canada 2019-03-22 Page 469 of 737 Name Location Date Michael Rouchell New Orleans, Louisiana, US 2019-03-22 Brandon Yapp Stoney Creek, Canada 2019-03-22 Susan Westhouse Gilbert, US 2019-03-22 Michael Rodaway Montréal, Canada 2019-03-22 Betty Mark Peterborough, Canada 2019-03-22 laura peters edmonton, AB, Canada 2019-03-22 Robin Cass Toronto, Canada 2019-03-22 Kant FENG Markham, Canada 2019-03-22 Trisha Vescio Ottawa, Canada 2019-03-22 ann McDonald Niagara Falls, Canada 2019-03-22 Christopher Kirouac Selkirk,Ontario, Canada 2019-03-22 lydia rodaway Windsor, Canada 2019-03-22 Nigel Puglisevich Newcastle, Canada 2019-03-22 Lynne Ford Dundas, Canada 2019-03-22 Ross McNeil Prince George, Canada 2019-03-22 Ashley Saunders Prince George, Canada 2019-03-22 Erin Beekhuis Culver City, California, US 2019-03-22 susie tombs niagara falls, Canada 2019-03-22 Wade Pitman Oakville, Canada 2019-03-22 Tanya Connors Toronto, Canada 2019-03-22 Graham MacLeod Taipei, Taiwan 2019-03-22 Mark Gemmell Hamilton, Canada 2019-03-22 Page 470 of 737 Name Location Date Mark McIntosh Niagara Falls, Canada 2019-03-22 Cathie mcgarry Stevensville, Canada 2019-03-22 Mark Terrett Burlington, Canada 2019-03-22 Corey Wilson Hamilton, Canada 2019-03-22 Dale Quigley Windsor, Canada 2019-03-22 Adam Hyatt Toronto, Canada 2019-03-22 Janie Ann Wilsonville, Canada 2019-03-22 Dennis Collin Sudbury, Canada 2019-03-22 Suzanne Davidson Odessa, Canada 2019-03-22 Milk The beverage Dawson Creek, Canada 2019-03-22 Cameron Rolanda Niagara Falls, Canada 2019-03-22 Brian Laufman Hamilton, Canada 2019-03-22 Frank McPhee Niagara Falls, Canada 2019-03-22 Greg Slevin Toronto, Australia 2019-03-22 Jonathan Fairbanks Dundas, Canada 2019-03-22 Peter Olsson Göteborg, Sweden 2019-03-22 Chris Klemencic Canada 2019-03-22 Alexander Nigro Mississauga, Canada 2019-03-22 Susan Detenbeck Niagara Falls, Canada 2019-03-22 Jessica Wall Niagara falls, Canada 2019-03-22 Faye House Niagara-on-the-lake, Canada 2019-03-22 Robin Thursfield Helsingborg, Sweden 2019-03-22 Page 471 of 737 Name Location Date Jordan VanderVelde Brockville, Canada 2019-03-22 lisa susin Ridgeway, Canada 2019-03-22 Trevor Stephenson Hamilton, Canada 2019-03-22 Caleb Janzen Niagara Falls, Canada 2019-03-22 Kandy Thompson Hamilton, Canada 2019-03-22 Genesis Sandoval Mays Landing, US 2019-03-22 Joe Fazzari Niagara Falls, Canada 2019-03-22 Monique Collins Niagara Falls, Canada 2019-03-22 Kelsie Couture Hamilton, Canada 2019-03-22 Scott Massen Guelph, Canada 2019-03-22 Bron Tregunno Burlington, Canada 2019-03-22 Crystal Langille Waterford, Canada 2019-03-22 Anne Westhues Niagara Falls, Canada 2019-03-22 Lynn Warren Port colborne, Canada 2019-03-22 Katherine Barey Kadet Hamilton, Canada 2019-03-22 Catherine MacLeod Saint Catharines, Canada 2019-03-22 William Park Welland, Canada 2019-03-22 Heather Gordon-koch Collingwood, Canada 2019-03-22 Michael Fish Newbury, US 2019-03-22 Andrea Connor Dundas, Canada 2019-03-22 Cheryl MacRae Niagara Falls, Canada 2019-03-22 Mary MacRae Fort Erie, Canada 2019-03-22 Page 472 of 737 Name Location Date Dianne Eidt Niagara Falls, On., Canada 2019-03-22 Helena Raposo Toronto, Canada 2019-03-22 Sarah Clarke Brantford, Canada 2019-03-22 Bridget Barrow Niagara Falls, Canada 2019-03-22 Victor Butcher Brooklyn, US 2019-03-22 Tony D'Amico Niagara Falls, Canada 2019-03-22 Rachael Forgeron Niagara falls, Canada 2019-03-22 Heather Doyle Ontario, Canada 2019-03-22 Sean Kosinec Welland, Canada 2019-03-22 Stephanie Campbell Saint Catharines, Canada 2019-03-22 Amy Klassen Niagara Falls, Canada 2019-03-22 Mary Giura Niagara Falls, Canada 2019-03-22 Daryl Martin North York, Canada 2019-03-22 Colleen Wogan Port Robinson, Canada 2019-03-22 Sharon Snyder Welland, Canada 2019-03-22 Jan Venturelli Bracebridge, Canada 2019-03-22 Brigitte Bendzar Bonner Ridgeway, Canada 2019-03-22 Istvan Horvath Waterdown, Canada 2019-03-22 Tammy Gabb Niagara Falls, Canada 2019-03-22 Sharon St. Pierre St. Catharines, Canada 2019-03-22 MK Stinson Niagara Falls, Canada 2019-03-22 Amy Boyd Toronto, Canada 2019-03-22 Page 473 of 737 Name Location Date Scott Baltjes Halifax, Canada 2019-03-22 Lisa Wilson Niagara Falls, Canada 2019-03-22 Maria Guarasci Niagara falls, Canada 2019-03-22 Rebecca Copeland Niagara Falls, Canada 2019-03-22 Bethie Jones Saint Catharines, Canada 2019-03-22 Ken Jones Niagara Falls, Canada 2019-03-22 Matthew Zambri Toronto, Canada 2019-03-22 William Mason Niagara Falls, Canada 2019-03-22 Corey Mesler Memphis, US 2019-03-22 Dave Eckert Niagara Falls, Canada 2019-03-22 Jesse Geier Niagara Falls, Canada 2019-03-22 Josh Magda Niagara Falls, Canada 2019-03-22 sue daly hamilton, Canada 2019-03-22 Maddie Matier Gloucester, Canada 2019-03-22 Larry Button Hamilton, Canada 2019-03-22 Stephanie Riley Niagara Falls, Canada 2019-03-22 John Wilkes NIAGARA FALLS, Canada 2019-03-22 Ryan Foster Niagara Falls, Canada 2019-03-22 John Anderson Burlington, Canada 2019-03-22 Garrett France-Wyllie Niagara Falls, Canada 2019-03-22 Samantha Nan Niagara Falls, Canada 2019-03-22 Jennifer Riegler Niagara Falls, Canada 2019-03-22 Page 474 of 737 Name Location Date Paul Russell Toronto, Canada 2019-03-22 Matt Audet Niagara Falls, Canada 2019-03-22 Keith McDuffee Creighton, Canada 2019-03-22 Emma Sours Luray, US 2019-03-22 Rick Ferron Niagara Falls, Canada 2019-03-22 Maggie Corry Niagara Falls, Canada 2019-03-22 Veronica Chamberlain Mulmur, Canada 2019-03-22 Karylee Macleod Niagara Falls, Canada 2019-03-22 Sondra Deveau Hamilton, Canada 2019-03-22 Donna Climie St.Catharines, Canada 2019-03-22 Cheryl Sawada Welland, Canada 2019-03-22 Jonah Bradshaw US 2019-03-22 Matt Lanteigne In Ontario, Canada 2019-03-22 Margaret Murtell Saint Catharines, Canada 2019-03-22 Alexis Legros Saint Catharines, Canada 2019-03-22 Brenton McConnell Niagara Falls, Canada 2019-03-22 Sam Muraca Niagara Falls, Canada 2019-03-22 Glen Smith Niagara Falls, Canada 2019-03-22 Jamie Bugley Lincoln, Canada 2019-03-22 Sean Smith Lawrenceville, Georgia, US 2019-03-22 Carla Scally Niagara Falls, Canada 2019-03-22 Chris Arsenault St Catharines, Canada 2019-03-22 Page 475 of 737 Name Location Date Blake Foerter Barrie, Canada 2019-03-22 Navjot Singh Toronto, Canada 2019-03-22 Susan Jessat Vineland, New Jersey, US 2019-03-22 Glen Hunt Niagara Falls, Canada 2019-03-22 Vincent Segreto Oakville, Canada 2019-03-22 Derek Meredith Whitby, Canada 2019-03-22 Mackenzy Marr Niagara falls, Canada 2019-03-22 Jacob Soulsby Niagara Falls, Canada 2019-03-22 James Tibbs Niagarafalls, Canada 2019-03-22 Deborah Lindeman Hamilton, ON, Canada 2019-03-22 Connie-Marie Yasney Niagara Falls, Canada 2019-03-22 Hanne Armstrong Niagara Falls, Canada 2019-03-22 Vanessa Schincariol Windsor, Canada 2019-03-22 Vanetta Susan Frail Niagara Falls, Canada 2019-03-22 Melanie Colavecchia Niagara Falls, Canada 2019-03-22 Wendy Leigh Brantford, Canada 2019-03-22 Kyanne Dailey Hamilton, Canada 2019-03-22 Tammy Lemire Niagara Falls, Canada 2019-03-22 Philip Tarlo Collingwood, Canada 2019-03-22 sharon feeley niagara falls, Canada 2019-03-22 Daniella La Rose Mississauga, Canada 2019-03-22 Pat Guertin Niagara Falls, Canada 2019-03-22 Page 476 of 737 Name Location Date Marguerite Moore Hamilton, Canada 2019-03-22 Beatrice Hunter Toronto, Canada 2019-03-22 Cassandra Weimann Hamilton, Canada 2019-03-22 Teresa Schuetz Newmarket, Canada 2019-03-22 Bert Dandy Niagara Falls, Canada 2019-03-22 a q Montréal, Canada 2019-03-22 Brock King Fonthill, Canada 2019-03-22 William Houston Niagara Falls, Canada 2019-03-22 Taylor DeBattista Caledon, Canada 2019-03-22 Natalia Van Esch Elora, Canada 2019-03-22 Jacob McAllister Oaklyn, US 2019-03-22 Isaac Echevarria Ocala, US 2019-03-22 chris trobridge st. catharines, Canada 2019-03-22 Michael M. Booth London, Canada 2019-03-22 Gerry Ash St. Catharines, Canada 2019-03-22 Raheem Francis Toronto, Canada 2019-03-22 Celeste Samson-lamont Québec, Canada 2019-03-22 Diane Rose Niagara Falls, Canada 2019-03-22 Jackson Torres New Braunfels, US 2019-03-22 Peter Crowhurst Canada 2019-03-22 Kym Cody Niagara Falls, Canada 2019-03-22 Justin Fitzpatrick Niagara Falls, Canada 2019-03-22 Page 477 of 737 Name Location Date Ian Greaves Niagara Falls, Canada 2019-03-22 Frank Vescio Niagara Falls, Canada 2019-03-22 Lee-Ann Hines-Green Hamilton, Canada 2019-03-22 Bonnie Olshewski Willard, Ohio, US 2019-03-22 nicole poirier Hamilton, Canada 2019-03-22 Ken Gagne Sudbury, Canada 2019-03-22 Bob Save New York, New York, US 2019-03-22 James Rutherford Niagara Falls, Canada 2019-03-22 Kathy Argyros Port Colborne, Canada 2019-03-22 Mike Kirouac Welland, Canada 2019-03-22 Jason Cammelli Niagara Falls, Canada 2019-03-22 Jim Simpson Niagara Falls, Canada 2019-03-22 Martin Sigsworth Brantford, Canada 2019-03-22 Emily Smyth Beamsville, Canada 2019-03-22 Wes Overton Minneapolis, US 2019-03-22 Andrea Dyson Masset, Canada 2019-03-22 Lois LaCroix Welland, ON, Canada 2019-03-22 Sandra Martin Hamilton, Canada 2019-03-22 George Czerny-Holownia Canada 2019-03-22 James Caporicci Welland, Canada 2019-03-22 nuna vik Napanee, Canada 2019-03-22 Gary Cousins Toronto, Canada 2019-03-22 Page 478 of 737 Name Location Date Nicole Young Port Hope, Canada 2019-03-22 KEITH HILBORN Toronto, Canada 2019-03-22 Jennifer Vermeer Hamilton, Canada 2019-03-22 Avery Reynolds Fort Erie, Canada 2019-03-22 Hasan Zaman Toronto, Canada 2019-03-22 Keith Alan-Siren Saint Catharines, Canada 2019-03-22 Josephine Ferro Niagara Falls, Canada 2019-03-22 Olivia Almeida London, Canada 2019-03-22 Matthew Collins Kathleen, US 2019-03-22 Colleen Hearn Niagara Falls, On, Canada 2019-03-22 Austin Lacroix Welland, Canada 2019-03-22 Charmaine McKnight Orleans, Canada 2019-03-22 Margaret Davies Halifax, Canada 2019-03-22 Rachel M Ancaster, Canada 2019-03-22 Élisabeth Limoges Saint-Lin, Canada 2019-03-22 Katie Edwards Niagara Falls, Canada 2019-03-22 Daniel McRae Penticton, Canada 2019-03-22 Sarah Godbout Golden, Canada 2019-03-22 Alan Eidt Niagara Falls, Canada 2019-03-22 Michael Whittaker Oxford Station, Canada 2019-03-22 Peter Watson Niagara Falls, Canada 2019-03-22 David Holland Niagara Falls, Canada 2019-03-22 Page 479 of 737 Name Location Date Beth Wolf Ottawa, Canada 2019-03-22 Robert Mallysh Saint Catharines, Canada 2019-03-22 Mary Ann Lacroix Mississauga, Canada 2019-03-22 LCol. Bernard L. Nehring Niagara Falls, Canada 2019-03-22 Denis Lachance St. Catharines, Canada 2019-03-22 Abhimanyu Abhimanyu Barrie, Canada 2019-03-22 Ryan Hanlin St Catharines, Canada 2019-03-22 Paul Marlowe Northford, Connecticut, US 2019-03-22 Boop Doop Huxley, US 2019-03-22 angie smagata Fort Erie, Canada 2019-03-22 Lenore Black Markham, Canada 2019-03-22 Justin Nicholls Saint Catharines, Canada 2019-03-22 Bastiaan Blom Mississauga, Canada 2019-03-22 Bill Warner St Catharines, Canada 2019-03-22 Doug Long Jacó, Costa Rica 2019-03-22 Sarah Reafleng Malvern, US 2019-03-22 Jenn Dickey Simcoe, Canada 2019-03-22 Penelope Gibb Ottawa, Canada 2019-03-22 Emily K Grapevine, US 2019-03-22 Alan Buchner Mississauga, Canada 2019-03-22 Rick Maguire Niagara Falls, Canada 2019-03-22 Jessica Heyden Baltimore, US 2019-03-22 Page 480 of 737 Name Location Date Robert Patterson Niagara Falls, Canada 2019-03-22 Isabella Upper Niagara Falls o, Canada 2019-03-22 Yvonne Rego Terrace, Canada 2019-03-22 sean young Ridgeville, Canada 2019-03-22 Alan Porszt Toronto, Canada 2019-03-22 Stephanie Fields St. Catharines, Canada 2019-03-22 Pamela Fickes Niagara Falls, Canada 2019-03-22 Some sort of name Willoughby, US 2019-03-22 Virginia McGrath Niagara Falls, Canada 2019-03-22 anthony abrams Middletown, US 2019-03-22 Marc Saulnier Toronto, Canada 2019-03-22 Angela T Niagara Falls, Canada 2019-03-22 Heather Evans Fort Erie, Canada 2019-03-22 julie Kralik Brunswick, Ohio, US 2019-03-22 Leigh Lund Toronto, Canada 2019-03-22 Melanie Black Toronto, Canada 2019-03-22 Roddy MacIsaac Niagara Falls, Canada 2019-03-22 Amy Evans Vancouver, Canada 2019-03-22 Heather Bowman Welland, Canada 2019-03-22 Brian Tibbs St. Catharines, ON., Canada 2019-03-22 wayne bennett Thorold, Canada 2019-03-22 Neurissa H Scarborough, Canada 2019-03-22 Page 481 of 737 Name Location Date jan huntington Niagara Falls, Canada 2019-03-23 Renia Tyminski Picton, Canada 2019-03-23 Sabrina Thorne-Ballard Niagara falls, Canada 2019-03-23 Johnny Beam Niagara Falls, Canada 2019-03-23 Stevan Jovanovich Toronto, Canada 2019-03-23 Ross Hamilton Toronto, Canada 2019-03-23 john beam Niagara Falls, Canada 2019-03-23 Dom Chafe Edmonton, Canada 2019-03-23 Kevin Halloran Picton, Canada 2019-03-23 Dave Canham Niagara Falls, Canada 2019-03-23 Dave Wheeler Niagara Falls, Canada 2019-03-23 Joan Nwokeforo Calgary, Canada 2019-03-23 Darren LaCroix Toronto, Canada 2019-03-23 J Siren Hamilton, Canada 2019-03-23 Michael Robertson Saint Catharines, Canada 2019-03-23 shirley flowers Niagara Falls, Canada 2019-03-23 Ken McCormick Niagara Falls, Canada 2019-03-23 Kim Koyama Toronto, Canada 2019-03-23 Andrea S.Fort Worth, US 2019-03-23 Kelly Prieur McGregor, Canada 2019-03-23 Lianna Carlyle Niagara Falls, Canada 2019-03-23 Susan Naldjieff port Robinson, Canada 2019-03-23 Page 482 of 737 Name Location Date Cathy Quinton Toronto, Canada 2019-03-23 Rolf Tosse St Catharines, Canada 2019-03-23 Yurixhi Contreras Jacuinde Niagara Falls, Canada 2019-03-23 Sue Campbell Toronto, Canada 2019-03-23 Madlen Daskalov Niagara Falls, Canada 2019-03-23 Parminder Cheema Hampton, Canada 2019-03-23 David Clarke Twillingate, Canada 2019-03-23 Teuta Tarelli Toronto, Canada 2019-03-23 Gordon Rumson Calgary, Canada 2019-03-23 Jordan Kearbey Adrian, US 2019-03-23 Saisree Nuvvula Halifax, Canada 2019-03-23 Brayden Ruiz Santa Maria, US 2019-03-23 Wade MacDonald St.Catharines, Canada 2019-03-23 Veronica Nievas Saint Catharines, Canada 2019-03-23 Sara Shapton Niagara falls, Canada 2019-03-23 ROSAIRE CORDINA Toronto, Canada 2019-03-23 Glenda Gonzalez Miramar, US 2019-03-23 Jason Fraire Azle, US 2019-03-23 Wendy Long Niagara Falls, Canada 2019-03-23 Juli-Ann Leva Canada 2019-03-23 Voudou Juju US 2019-03-23 LAURIE FILSON Port Colborne, Canada 2019-03-23 Page 483 of 737 Name Location Date James Thacker Portslade, England, UK 2019-03-23 Esperonza Miller Aberdeen, US 2019-03-23 Angie Carriere Keswick, Canada 2019-03-23 Trina Whitsitt Vancouver, Canada 2019-03-23 Keiren Forbes Medicine Hat, Canada 2019-03-23 Brenda Haidt Saskatoon, Canada 2019-03-23 Patricia Ellis Maryhill, Canada 2019-03-23 Edi Brennan Niagara Falls, Canada 2019-03-23 Rick Dilts Welland, ON, Canada 2019-03-23 Ahmad Saleh Minneapolis, Minnesota, US 2019-03-23 Tracy Pilcher Welland, Canada 2019-03-23 Dorothy Todd Brantford, Canada 2019-03-23 Alejandra Soza st.Catharines, Canada 2019-03-23 Ray Douma Niagara falls, Canada 2019-03-23 Ildy Peterdy Niagara Falls, Canada 2019-03-23 andre bussieres espanola, ontario, Canada 2019-03-23 Peter Brown Niagara-on-the-Lake, Canada 2019-03-23 Leon Stahlkopf Ahrensbök, Germany 2019-03-23 Sarah McLeod Niagara Falls, Canada 2019-03-23 John Campey Toronto, Canada 2019-03-23 Mike Morden Mississauga, Canada 2019-03-23 Lianne Sahs Niagara Falls, Canada 2019-03-23 Page 484 of 737 Name Location Date Tori� Little�Blanco, US 2019-03-23 Steven Nicholls Niagara Falls, Canada 2019-03-23 Paul Gaeta Canada 2019-03-23 Kevin Bartlett Ridgeway, Canada 2019-03-23 Shannon Boles Niagara Falls, Canada 2019-03-23 Lia Spilka Whitby, Canada 2019-03-23 Cheryl Steele Saint Catharines, Canada 2019-03-23 Dale Rutherford Saint Catharines, Canada 2019-03-23 Jenn Davies Niagara Falls, Canada 2019-03-23 Richard Nester Thornhill, Canada 2019-03-23 Kirk Smith Saint Catharines, Canada 2019-03-23 Marilyn Coull Scarborough, Canada 2019-03-23 flo odding Fort Erie, Canada 2019-03-23 Mike prest niagara falls, Canada 2019-03-23 Barb Kovacs Welland, Canada 2019-03-23 Phil Prest niagara falls, Canada 2019-03-23 John Latimer Niagara Falls, Canada 2019-03-23 Crystal D'Cunha Niagara Falls, Canada 2019-03-23 Owen Webb Hamilton, Canada 2019-03-23 Adam Jackson Niagara Falls, Canada 2019-03-23 Tracey Monteleone Niagara Falls, Canada 2019-03-23 Kay Williams Ottawa, Canada 2019-03-23 Page 485 of 737 Name Location Date Madeline Abshez Woodbridge, Canada 2019-03-23 Jackson Choran Dollard-des-ormeaux, Canada 2019-03-23 Lori MORDEN Mississauga, Canada 2019-03-23 Alissa Robinson Hamilton, Canada 2019-03-23 Michael Joffre Ile Bizard, Canada 2019-03-23 Richard Lombardi Niagara Falls, Canada 2019-03-23 Alison Greaves Smithville, Canada 2019-03-23 Jennifer Brisson St. Catharines, Canada 2019-03-23 Valerie Walker Allanburg, Ontario, Canada 2019-03-23 Laurie Woodruff Niagara Falls, Canada 2019-03-23 Sylvie Detenbeck Niagara Falls, Canada 2019-03-23 Ken Parlevliet Niagara Falls, Canada 2019-03-23 Christine Ferguson Oshawa, Canada 2019-03-23 Alfis Shaharia Canada 2019-03-23 Clayton Hartwell Stcatharines, Canada 2019-03-23 Danie Keenan Toronto, Canada 2019-03-23 Lawrence King St Catharines, Canada 2019-03-23 Carol Bowers Niagara Falls, Canada 2019-03-23 Jeff Bryant Bewdley, Ontario, Canada 2019-03-23 thomas scott Merritt,B.C., Canada 2019-03-23 Barbara Johns Ottawa, Canada 2019-03-23 tammy croft Niagara Falls, Canada 2019-03-23 Page 486 of 737 Name Location Date Peter Campbell Niagara Falls, Canada 2019-03-23 Carol Allaster St. Catharines, Canada 2019-03-23 Sandy Scervino Saint Catharines, Canada 2019-03-23 Steve Huurman St Catharines, Canada 2019-03-23 krystal hedden Saint Catharines, Canada 2019-03-23 Matthew Duggan Guelph, Canada 2019-03-23 Helen Mott Cardinal, Canada 2019-03-23 Britta Breivik St. Catharines, Canada 2019-03-23 Annette Kirby Oshawa, Canada 2019-03-23 Alexis Decker Keswick, Canada 2019-03-23 Janne Kristensen Hamilton, Canada 2019-03-23 Mike Thompson Saint Catharines, Canada 2019-03-23 Adam Buller Canada 2019-03-23 Wendy Keller Niagara Falls, Canada 2019-03-23 andres venegas el paso, Texas, US 2019-03-23 Stephen Poulose Sugar Land, US 2019-03-23 Jo-Anne Joss Saint Catharines, Canada 2019-03-23 jonathan king Grimshaw, Canada 2019-03-23 Sasha Brown Chicago, US 2019-03-23 Erin King Saint Catharines, Canada 2019-03-23 Steph Merlino Niagara Falls, Canada 2019-03-23 Bailey Pilavdjian New Rochelle, US 2019-03-23 Page 487 of 737 Name Location Date todd cameron Niagara Falls, Canada 2019-03-23 Tracy Marshall Hamilton, Canada 2019-03-23 Tania S Renfrew County, Canada 2019-03-23 Pauline Hammond Wellad Ontario, Canada 2019-03-23 Krin Asselta Corinth, Texas, US 2019-03-23 andrew millar Fort Erie, Canada 2019-03-23 Liz Benneian Jordan Station, Canada 2019-03-23 Donna bonato Port Colborne, Canada 2019-03-23 Jenny Fox Poughkeepsie, US 2019-03-23 Jennifer Labre Orleans, Canada 2019-03-23 Gerry Melinko Saint Catharines, Canada 2019-03-23 Kathleen Grimstead Niagara falls, Canada 2019-03-23 mark saccone Fort Erie, Canada 2019-03-23 Marcia Hoag Niagara Falls, Canada 2019-03-23 kay roberts London, UK 2019-03-23 Barbara Farrell Philadelphia, US 2019-03-23 Tye SMYLIE RR2 Ravenna, Canada 2019-03-23 Randy Mallysh Vineland, Canada 2019-03-23 karen Corfield Niagara Falls, Canada 2019-03-23 Zs sss Goo, US 2019-03-23 Dolly Ramsey Toronto, Canada 2019-03-23 Terry Gill Niagara Falls, Canada 2019-03-23 Page 488 of 737 Name Location Date Zoe Speers Oakville, Canada 2019-03-23 Basil Riolino Toronto, Canada 2019-03-23 Steven Megannety Niagara, Canada 2019-03-23 Carlson Teakle Lockport, Canada 2019-03-23 Dave Unger Fingal, Canada 2019-03-23 Jeff Rodger Barrie, Canada 2019-03-23 Mary McGugan Toronto, Canada 2019-03-23 Jennifer Joss Niagara Falls, Canada 2019-03-23 Carolyn Hall Toronto, Canada 2019-03-23 Mariah Charpentier West Edmeston, US 2019-03-23 Lindsey Williston Niagara Falls, Canada 2019-03-23 Suzana Stjepanović Keller, US 2019-03-24 Sean Garback Buffalo, US 2019-03-24 Adam Smith Niagara Falls, Canada 2019-03-24 Nicole Clute Toronto, Canada 2019-03-24 Samantha Steel Mississauga, Canada 2019-03-24 Kai Invidiata Oakville, Canada 2019-03-24 ToniRose Franco Niagara Falls, Canada 2019-03-24 Jasmine Parker Mascouche, Canada 2019-03-24 Charles Evans Niagara Falls, Canada 2019-03-24 Pamela Zepp Troy, US 2019-03-24 Donna Welke Regina, Canada 2019-03-24 Page 489 of 737 Name Location Date Pam Fredette Saint Catharines, Canada 2019-03-24 America Rios Fort Worth, US 2019-03-24 Jaemin Kim New York, US 2019-03-24 natalie and david rellick Mentor, US 2019-03-24 Alexander LeBlanc Thorold, Canada 2019-03-24 Donna Olivieri Burlington, Canada 2019-03-24 Lynda Weaver Niagara Falls, Canada 2019-03-24 Nadine Galambosy St. Catharines, Canada 2019-03-24 Mary McLaughlin Scarborough, Canada 2019-03-24 Roxanne Razavi Kingston, Canada 2019-03-24 Aidan Connors Hilton calgary ab, Canada 2019-03-24 Valerie Jordan Espanola, Canada 2019-03-24 Joanne Antoine Port Sydney, Canada 2019-03-24 Marie Julia Pittman Lyman, South Carolina, US 2019-03-24 David Popadinac Welland, Canada 2019-03-24 Anju Vir Windsor, Canada 2019-03-24 doug lindsay Calgary, Canada 2019-03-24 Maryrose Harris Frankford, Canada 2019-03-24 Joan Hyde Niagara-on-the-lake, Canada 2019-03-24 Marco Vargas Seattle, US 2019-03-24 Erin Ferguson Abbotsford, Canada 2019-03-24 Gary Basnett Niagara Falls, Canada 2019-03-24 Page 490 of 737 Name Location Date alexandre Plante Brossard, Canada 2019-03-24 Sydney Martin Toronto, Canada 2019-03-24 Josh Iverson Lethbridge, Canada 2019-03-24 Andrew Dikens Fort Erie, Canada 2019-03-24 Jeanne Ebina Red Deer, Canada 2019-03-24 Doreen Pennells Ancaster, Canada 2019-03-24 Alexandra Lamont Ottawa, Canada 2019-03-24 Nadia St coeur Mississauga, Canada 2019-03-24 Mark Kimber Fort Erie, Canada 2019-03-24 Vader Lake Toronto, Canada 2019-03-24 Sarah Clachar Bowmanville, Canada 2019-03-24 Daryl Allen Niagara Falls, Canada 2019-03-24 Silvia Leister Lake Ariel, Pennsylvania, US 2019-03-24 Alexandra Rowse-Thompson Kingston, Ontario, Canada 2019-03-24 sharon steed Stevensville, Canada 2019-03-24 Evelyn Palleschi Niagara Falls, Canada 2019-03-24 PJ Buzzi Delran, US 2019-03-24 Sue Crawford Saint Catharines, Canada 2019-03-24 David Cowan Saint Catharines, Canada 2019-03-24 Cheryl Wakefield Port Colborne, Canada 2019-03-24 Siobhan McCormack Galway, Ireland 2019-03-24 Brenda Oswald Calgary, Canada 2019-03-24 Page 491 of 737 Name Location Date Jeffery Addair Olathe, US 2019-03-24 Josee Fauvelle Welland, Canada 2019-03-24 Brett House Lincoln, Canada 2019-03-24 Manon Lavoie Portland, Oregon, US 2019-03-24 kaitlyn poldrugovac bradford, Canada 2019-03-24 Jamar Cates Hillsborough, US 2019-03-24 Cheryl Walters Mississauga, Canada 2019-03-24 Marci Weston Niagara Falls, Canada 2019-03-24 Linda Rivas Archerwill, Canada 2019-03-24 Bonnie Bradford Okotoks, Canada 2019-03-24 Brian Mitchell Sherbrooke, Canada 2019-03-24 Nancy Hartwell Ridgeville, Canada 2019-03-24 Jessica Jonaidi Windsor, Canada 2019-03-24 Amanda Schultz Etobicoke, Canada 2019-03-24 Delia Kunig Edgewood, Maryland, US 2019-03-24 Lisa Omar Emerson, US 2019-03-24 Kelly Benjamin Sydney, Canada 2019-03-24 Victoria Ryle Kirksville, US 2019-03-24 June Krinsky-Rudder East Boston, US 2019-03-24 Kathryn Kotris Toronto, Canada 2019-03-24 Becca Anuszewski Atlanta, US 2019-03-24 Andrew Williams Saint Catharines, Canada 2019-03-24 Page 492 of 737 Name Location Date Betty Dean Cary, North Carolina, US 2019-03-24 John Jin York, Canada 2019-03-24 Chris Merchant Scarborough, Canada 2019-03-24 William Patterson Markham, Canada 2019-03-24 Jeff Basnett Niagara Falls,Ontario, Canada 2019-03-24 Wendy Boutilier Saint Catharines, Canada 2019-03-24 Lisa Haley Ottawa, Canada 2019-03-24 Andrea Cropper Niagara Falls, Canada 2019-03-24 Brandi WIlson London, Canada 2019-03-24 Renee Brady Niagara Falls, Canada 2019-03-24 Laurie Brady Hamilton, Canada 2019-03-24 Gloria Buchert Mississauga, Canada 2019-03-24 Mike Baldasio Niagara-on-the-lake, Canada 2019-03-24 Fred Fall Cherry Hill, New Jersey, US 2019-03-24 Kiersten Williams Fort Wayne, US 2019-03-24 Gavin Creechan Toronto, Canada 2019-03-24 Phillip Rogers Thorold, Canada 2019-03-24 Barbara Guppy Watford, UK 2019-03-24 Catherine Stocker Saint Catharines, Canada 2019-03-24 Beth Kennedy Saint Catharines, Canada 2019-03-24 Laraine Goodban Milton, Canada 2019-03-24 Randolph Price Deep River, Canada 2019-03-24 Page 493 of 737 Name Location Date Brigitte Minard Grimsby, Canada 2019-03-24 Marwah Chowdhury North york, Canada 2019-03-24 Melissa Wegman Burlington, Canada 2019-03-24 Jamie Burner Niagara falls, Canada 2019-03-24 Musawer Noori Ajax, Canada 2019-03-24 Stephen Davis Burlington Ontario, Canada 2019-03-24 carey harfst port colborne ont., Canada 2019-03-24 Barb Murie Burlington, Canada 2019-03-24 thomas paton St. Catharines, Canada 2019-03-24 Alberta ( Bobbi) Gascoigne Glassville, NB, Canada 2019-03-24 Anika Vansh Brampton, Canada 2019-03-24 Carson Murphy Kingston, Canada 2019-03-24 Jason Simons Pickering, Canada 2019-03-24 Chelsea Yusiong Toronto, Canada 2019-03-24 Isabel Garner Niagara Falls, Canada 2019-03-24 Dave Pentland Cobble Hill , BC, Canada 2019-03-24 David Young ST CATHARINES, Canada 2019-03-24 Rebekah Innanen Canada 2019-03-24 Akshay Shukla London, Canada 2019-03-24 Luke Bernava Niagara Falls, Canada 2019-03-24 Michelle Eden Kitchener, Canada 2019-03-24 Perry Robert Mason Arnprior, Canada 2019-03-24 Page 494 of 737 Name Location Date Cynthia Orellana Mejia Laval, Canada 2019-03-24 Amber Murphy Edmonton, Canada 2019-03-24 Ricardo Milos Calgary, Canada 2019-03-24 Anthony Belcher Toronto, Canada 2019-03-24 Charlene Drolet Lamont, Canada 2019-03-24 Nicholas Campos New York, US 2019-03-24 Evy Gambin Toronto, Canada 2019-03-24 Brenda Megannety Toronto, Canada 2019-03-24 Mary Adams Niagara falls, Canada 2019-03-25 Quoc Vuong Annandale, US 2019-03-25 Colleen Scott Niagara Falls, Canada 2019-03-25 Kaireen Morrison Wawa, Ontario, Canada 2019-03-25 Michelle Glavic Niagara Falls, Canada 2019-03-25 Lorna Anstruther Niagara Falls, Canada 2019-03-25 Breana Hauset Bismarck, US 2019-03-25 Judie Lawrence Belle River, Canada 2019-03-25 Derek Sakars Niagara Falls, Canada 2019-03-25 Devon Long Niagara Falls, Canada 2019-03-25 Scott Finlay Niagara Falls, Canada 2019-03-25 Jodi Kandiotis Vineland, Canada 2019-03-25 Beverly Gamuso Scarborough, Canada 2019-03-25 Nerissa Hutchinson Toronto, Canada 2019-03-25 Page 495 of 737 Name Location Date Rosemarie Sillers Whitby, Canada 2019-03-25 Virginia Hurley Brantford, Canada 2019-03-25 Dale Sasseville Edmonton, Canada 2019-03-25 Lola Lemus Toronto, Canada 2019-03-25 aviya shay Boca Raton, US 2019-03-25 Laura Morin Lethbridge, Canada 2019-03-25 Craig Vandertie Green Bay, US 2019-03-25 Robert Evans Erie, Pennsylvania, US 2019-03-25 Jennifer Perez Batesville, US 2019-03-25 Megan Gilchrist NOTL, Canada 2019-03-25 Paul Monger Windsor, Canada 2019-03-25 Virginia Bauder Cobble Hill BC, Canada 2019-03-25 James Grant US 2019-03-25 Lynn Bristol Amherst, Canada 2019-03-25 Sonia Ghrairi Port Hope, Canada 2019-03-25 emily king elk point, Canada 2019-03-25 Benjamin LePage Thunder Bay, Canada 2019-03-25 Dame Nong Los Angeles, US 2019-03-25 Dave Minard Waterdown, Canada 2019-03-25 Harry Artinian Darien, US 2019-03-25 Victoria Harrell Medina, US 2019-03-25 Mike Veysey Toronto, Canada 2019-03-25 Page 496 of 737 Name Location Date Alison Loat St Catharines, Canada 2019-03-25 Alex Elwell Saint Catharines, Canada 2019-03-25 Carolyn Rapson Toronto, ON, Canada 2019-03-25 Knee Grow Lancaster, US 2019-03-25 Linda Hanna Barrie, Canada 2019-03-25 Kimberley Yates Toronto, Canada 2019-03-25 Andrew Hanna Guelph, Canada 2019-03-25 Steve Richardson Oakville, Canada 2019-03-25 annabel arnison Toronto, Canada 2019-03-25 Barbara (morrison) Butters Port Colborne, Canada 2019-03-25 Fiona Hammond Toronto, Canada 2019-03-25 Lynne Meilleur Bailey Niagara Falls, Canada 2019-03-25 Tom Fournier Cambridge, Canada 2019-03-25 Michelle Gillies Toronto, Canada 2019-03-25 Ken Gamble Thorold, Canada 2019-03-25 Julissa Castro Providence, US 2019-03-25 Patty Vant Niagara Falls, Canada 2019-03-25 Lori Stenzel Niagara Falls, New York, US 2019-03-25 Leslie Curry Port Colborne, Canada 2019-03-25 Gordon Smallwood Napanee, Canada 2019-03-25 marsha thomson port colborne, Canada 2019-03-25 Heather Davey Glace Bay, Canada 2019-03-25 Page 497 of 737 Name Location Date Jim Mullin Vankleek Hill, Ontario, Canada 2019-03-25 Toni Tarighi Wharton, New Jersey, US 2019-03-25 Darlene Senese Portland, Oregon, US 2019-03-25 Matts Dahlstrom Malmö, Sweden 2019-03-25 Andrew Phillips Toronto, Canada 2019-03-25 Norman MacCrimmon Canada 2019-03-25 Elliot Luijkenaar Toronto, Canada 2019-03-25 Heidi Madden Hamilton, Canada 2019-03-25 Chris McQuestion Niagara-on-the-Lake, Canada 2019-03-25 Janet Abbott Kitchener, Canada 2019-03-25 Sarah Muirhead Welland, Canada 2019-03-25 Joanne Gennings Georgetown, Canada 2019-03-25 Matthew J Didier Toronto, Canada 2019-03-25 Stephane Poirier Blainville, Canada 2019-03-25 Brenda Taylor Monkland, Canada 2019-03-25 Deborah Hession Etobicoke, Canada 2019-03-25 Ashley Creed Newmarket, Canada 2019-03-25 James Prevost Dunvegan, Canada 2019-03-25 Pierre Proulx Mirabel, Canada 2019-03-25 Erich Beck Port Hope, Canada 2019-03-25 Cherwyn Ambuter Vernon, New Jersey, US 2019-03-25 John MacBeth Niagara-on-the-Lake, Canada 2019-03-25 Page 498 of 737 Name Location Date Heather Knight Niagara Falls, Canada 2019-03-25 Lisa Dallman NIAGARA FALLS, Canada 2019-03-25 Eriona Tarelli Toronto, Canada 2019-03-25 Jenna Hill Winnipeg, Canada 2019-03-25 Wallace Tyo Cornwall. ON, Canada 2019-03-25 Marlene Reynolds Niagara Falls Ont, Canada 2019-03-25 ทรงพล โตประเสริฐ Orillia, Canada 2019-03-25 Josh Finlay Saint Catharines, Canada 2019-03-25 sam g Toronto, Canada 2019-03-25 Mallory Hartt Vancouver, Canada 2019-03-25 Shelley Mullin Laval, Canada 2019-03-25 Ellicia Topham woodstock, Canada 2019-03-25 Zane Cain Grande Prairie, Canada 2019-03-25 Jacqueline Mcdermid Grimsby, Canada 2019-03-25 Arlene Zuckerman Jamaica, US 2019-03-25 Nick Barick Southfield, US 2019-03-25 Csaba Kempl Budapest, Russia 2019-03-25 Bunne Brandt Niagara Falls, Canada 2019-03-25 Tamara Hall Chesterfield, Michigan, US 2019-03-25 Megan Bouchard Calgary, Canada 2019-03-25 Mike Cipryk Saint Catharines, Canada 2019-03-25 Emily Mitchell Niagara Falls, Canada 2019-03-25 Page 499 of 737 Name Location Date Deb Wright Port Colborne, Canada 2019-03-25 Ray Kennie Niagara Falls, Canada 2019-03-25 Debbie Hewitt Mount Albert, Canada 2019-03-25 Ross Keith Lahaina, US 2019-03-25 SCHERRI TEAL Fort Erie, Canada 2019-03-25 John Stephens Chatham-Kent, Canada 2019-03-25 Rebecca Caldwell Niagara Falls, Canada 2019-03-25 Steve Gulley Niagara-on-the-Lake, Canada 2019-03-25 Paula Drolet Thorold, Canada 2019-03-25 Wesley Turner Niagara Falls, Canada 2019-03-25 Peggi Calder Monkland, Canada 2019-03-25 Tina V Toronto, Canada 2019-03-25 alexis wykes Prescott, Canada 2019-03-25 RAY DANCER st catharines, ont, Canada 2019-03-25 John Buffan Kanata, Canada 2019-03-25 Natalie Millhiser St. Catharines, Canada 2019-03-25 Tamara Werth Virginia Beach, Virginia, US 2019-03-25 Denise Brown Orlando, US 2019-03-25 Anymonous Unknown Fairfax, US 2019-03-25 Alyssa Beauchamp St. Catharines, Canada 2019-03-25 Greg Baynes Niagara Falls, Canada 2019-03-25 France Nolet Saint-Zotique, Canada 2019-03-25 Page 500 of 737 Name Location Date Troy Peacock North York, Canada 2019-03-25 Ann Lawrence PORT PERRY, Canada 2019-03-25 David Mount Burlington, US 2019-03-25 Deborah McMullen Ottawa, Canada 2019-03-25 J R St. Catharines, Canada 2019-03-25 Paul Wiebe Thorold, Canada 2019-03-25 Angela Miniotas Hubbards, Canada 2019-03-25 Kimberley Little Maxville On, Canada 2019-03-25 Vanessa Le Page Toronto, Canada 2019-03-25 Assem Hassan Oshawa, Canada 2019-03-25 Nancy Kinsman Stoney Creek, Canada 2019-03-25 Kat Monahan Hamilton, Canada 2019-03-25 Tyler Bell Beckley, US 2019-03-25 Richard Abercrombie Smyrna, US 2019-03-25 My Nuggar Santa Rosa, US 2019-03-25 Fran Racy Langley, Canada 2019-03-25 Aidan Plato Hamilton, Canada 2019-03-25 Marija Milotic Mississauga, OntarioL5a, Canada 2019-03-25 Ryan Scrivani Arcade, New York, US 2019-03-25 Egan Henderson Niagara Falls, Canada 2019-03-25 Donna Weaver Madison, US 2019-03-25 Roy Winders Cambridge, Canada 2019-03-25 Page 501 of 737 Name Location Date Jason Butler Mississauga, Canada 2019-03-25 James Sigrist Gaston, Oregon, US 2019-03-25 Jessica Thompson Luthersville, US 2019-03-25 Heather Baskerville Espanola, Canada 2019-03-25 Tracey Capes Toronto, Canada 2019-03-25 Tracey Campbell Thorold, Canada 2019-03-25 Kristi Rattie Niagara falls, Canada 2019-03-25 Michael Katzenberger madison, Wisconsin, US 2019-03-25 Manuela Eichberger Haldimand, Canada 2019-03-25 Gordon Racey Ile Perrot, Canada 2019-03-25 Karen Fulham Niagara Falls, Canada 2019-03-25 Christa Barette Prince Rupert, Canada 2019-03-25 Stacey Parisi Niagara Falls, Canada 2019-03-25 Laurie Priestley Fonthill, Canada 2019-03-25 Shannon Glashan Toronto, Canada 2019-03-25 Kathleen Lang Jasper, Canada 2019-03-25 Judy Fowler niagara falls, Canada 2019-03-25 Mike Distefano Niagara Falls, Canada 2019-03-25 Marco Gagnon Forestville, Canada 2019-03-25 Avery McLellan Windsor, Canada 2019-03-25 Ruthanne Vuk Windsor, Canada 2019-03-25 Dale Kidd Windsor, Canada 2019-03-25 Page 502 of 737 Name Location Date Greg Johnstone George Town, Cayman Islands 2019-03-25 Amy Scott Toronto, Canada 2019-03-25 Thom Walters Brantford, Canada 2019-03-25 Linda Mero Salisbury, US 2019-03-25 Leah Ala Hurynovich Maple, Canada 2019-03-25 Pat Taylor St-Eugène, Canada 2019-03-25 Sue Miller Creemore ON, Canada 2019-03-25 Steven Lovelace NIAGARA Falls, Canada 2019-03-25 Chad Sirmans US 2019-03-25 Jay Robo Canada 2019-03-25 Jennifer Wills St. Augustine, Florida, US 2019-03-25 Lynda Gaelyn Smith Smith Markdale, Canada 2019-03-25 Desiree Camacho El Cajon, US 2019-03-25 Delaney Meyering Fonthill, Canada 2019-03-25 Jennifer Hart Beamsville, Canada 2019-03-25 Lena Snow St. Catharines, Canada 2019-03-25 Kevin Neufeld Niagara falls, Canada 2019-03-25 Lynall Kostuk-Watchorn Niagara Falls, Canada 2019-03-25 Ginette Cyr Boisbriand, Canada 2019-03-25 Brittance Ann Boise, US 2019-03-25 Dave Merritt Canada 2019-03-25 Alexis Merritt Niagara Falls, Canada 2019-03-25 Page 503 of 737 Name Location Date Jennifer Johnstone Martensville, Canada 2019-03-25 Genevieve Roussel Montreal, Canada 2019-03-25 Joe Brockman Madison, Wisconsin, US 2019-03-25 Donna Clute St. Catharines, Canada 2019-03-25 Debra Duncan Weston, Wisconsin, US 2019-03-25 Caroline Jackson Niagara Falls, Canada 2019-03-25 Michelle Drew Niagara falls, Canada 2019-03-25 bernice allen amherst, Canada 2019-03-25 Tracey O'Brien Niagara Falls, Canada 2019-03-25 Maryann Jose Toronto, Canada 2019-03-25 Linda Frum Toronto, Canada 2019-03-25 Zach Voth Welland, Canada 2019-03-25 Paul Turney Etobicoke, Canada 2019-03-25 Rachel Galt Uxbridge, Canada 2019-03-25 denise worrall Orillia, Canada 2019-03-25 Donna Schofield Martintown, Canada 2019-03-26 Sharon Snyder Niagara falls, not., Canada 2019-03-26 Ruth Pretty Niagara-on-the-lake, Canada 2019-03-26 Heather Gorham Caledon, Canada 2019-03-26 Robert Rogers Stillwater, Oklahoma, US 2019-03-26 David Watson Pontypool, Canada 2019-03-26 Paul Mitchell Orangeville, Canada 2019-03-26 Page 504 of 737 Name Location Date carol sperandeo Creemore, Canada 2019-03-26 Louise Tremeer Niagara Falls, Canada 2019-03-26 Kathy Almeida Pawtucket, Rhode Island, US 2019-03-26 Kerry O’Brien Road Town, British Virgin Islands 2019-03-26 Chris Scholl Neptune, New Jersey, US 2019-03-26 Jeannie DeVogel Waterdown, Canada 2019-03-26 Leona DesRosiers Niagara Falls, Canada 2019-03-26 Justina Roundy Jacksonville, Florida, US 2019-03-26 Thomas Stopforth Brampton, Canada 2019-03-26 Donna Anderson ORANGEVILLE, Canada 2019-03-26 bea Smith Niagara on the lake, Canada 2019-03-26 Amanda Protulipac Stoney Creek, Canada 2019-03-26 cory miller Oshawa, Canada 2019-03-26 Rollanda Vinette Waterloo, On, Canada 2019-03-26 Lee Powell Niagara Falls, Canada 2019-03-26 Skye Murray NopeVille, Canada 2019-03-26 Kitty lynn port colborne, Canada 2019-03-26 arthur stevenson port colborne, Canada 2019-03-26 Lisa Cooke Niagara Falls, Canada 2019-03-26 Joy Janzen Niagara, Canada 2019-03-26 Diane Falconer Niagara Falls, Canada 2019-03-26 steve mcarthur Niagara Falls, Canada 2019-03-26 Page 505 of 737 Name Location Date Nick Radice Orangeville, Canada 2019-03-26 Anne Redish Kingston, Canada 2019-03-26 Natasa Corfield Niagara Falls, Canada 2019-03-26 Jessica Davis New Castle, US 2019-03-26 Kt Dale Ottawa, Canada 2019-03-26 Tsedale Mekonen Toronto, Canada 2019-03-26 Ashley Roush Fort Erie, Canada 2019-03-26 Elaine MacLaren Brampton, Canada 2019-03-26 Pete Raskopf Burlington, Canada 2019-03-26 steve tognini forest knolls, California, US 2019-03-26 Dawn Tarrant Niagara Falls, Canada 2019-03-26 Grant Jones Niagara Falls, Canada 2019-03-26 Jennifer DeBruin Smiths Falls, Canada 2019-03-26 Kimberley Bradley Windsor, Canada 2019-03-26 mark bradley windsor, Canada 2019-03-26 Wade Wells St Johnsville, US 2019-03-26 Lolita Hale Niagara-on-the-Lake, Canada 2019-03-26 Carrie Gearing Thorold, Canada 2019-03-26 Zade Ellingsburg Alexander, US 2019-03-26 Trevor Snow Toronto, Canada 2019-03-26 Marianna G. B. Arch. PMP Toronto, Canada 2019-03-26 Barry Fitzgerald Welland, Canada 2019-03-26 Page 506 of 737 Name Location Date Candace Colling Toronto, Canada 2019-03-26 Katherine Small Liverpool, New York, US 2019-03-26 Bronwyn Hildebrandt Niagara Falls, Canada 2019-03-26 Amanda Fasken Bath, Canada 2019-03-26 Francoise Godbout St-alfred, Canada 2019-03-26 Peter A Parker Georgetown, Canada 2019-03-26 Priestan Xentrideus Saint Catharines, Canada 2019-03-26 Anita Fiorentino Niagara Falls, Canada 2019-03-26 Brian Mack Amsterdam, US 2019-03-26 Katie Elbow Edmond, US 2019-03-26 Karen Taylor Brampton, Canada 2019-03-26 Tammy Conner Niagara Falls, Canada 2019-03-26 Colleen Sadler Renfrew, Canada 2019-03-26 Vivian Franklin Moose Creek, Canada 2019-03-26 Philip Bury Spencerville, Canada 2019-03-26 Andres Aguilar Metairie, US 2019-03-26 Garrett Wright Los Osos, US 2019-03-26 PegI Stafford Oshawa, Canada 2019-03-26 Amber Knowles Vancouver, Canada 2019-03-26 Jennifer Emmons BALLSTON SPA, New York, US 2019-03-26 Karen Nash Newmarket, Canada 2019-03-26 Bill Wolske Newmarket, Canada 2019-03-26 Page 507 of 737 Name Location Date ABDUL JUMAGUL Calgary, Canada 2019-03-26 Cristopher Arroyo Lawrenceville, US 2019-03-26 Halle Timm Buffalo, US 2019-03-26 Victoria Gzebb Toronto, Canada 2019-03-26 Heather Kingdon Toronto, Canada 2019-03-26 Steven Kellier Toronto, Canada 2019-03-26 Erin Vee Ottawa, Canada 2019-03-26 Victoria Ellam Toronto, Canada 2019-03-26 Zehra Zaidi Calgary, Canada 2019-03-26 Alma Sinan Toronto, Canada 2019-03-26 Charlotte Kerns Annapolis, Maryland, US 2019-03-26 Paula Huisman Toronto, Canada 2019-03-26 Wesley Jones Walton, US 2019-03-26 Jordan Balch North York, Canada 2019-03-26 Tsovinar Khachatryan Armenia 2019-03-26 Lucy White Toronto, Canada 2019-03-26 Jill Pringle delta, bc, Canada 2019-03-26 Mohsen Kazemi Vancouver, Canada 2019-03-26 Vicki Holmes Edmonton Alberta, Canada 2019-03-26 Daniel Rose St.Catharines, Canada 2019-03-26 Judy & Wayne Hagadorn Fonthill, ON, Canada 2019-03-26 M Hennessy Milton, Canada 2019-03-26 Page 508 of 737 Name Location Date Hussein Alaaref Toronto, Canada 2019-03-26 Tom McKay Bellshill, Scotland, UK 2019-03-26 Sanne Schmidtberg Oakville, Canada 2019-03-26 Kenneth MacNeil Brampton, Canada 2019-03-26 Martin Rainbow NORTH YORK, Canada 2019-03-26 Eileen Liggitt Middlesbrough, England, UK 2019-03-26 Bradford Kercull Saratoga Springs, New York, US 2019-03-26 PETER GRIFFIN Birmingham, UK 2019-03-26 Madeleine Aalto Vancouver, Canada 2019-03-26 Susan Peters Morrisburg, Canada 2019-03-26 Morag Hegge Toronto, Canada 2019-03-26 Kayl Frey Lancaster, Pennsylvania, US 2019-03-26 Malcolm Hecks London, UK 2019-03-26 Kathi Callanan Toronto, Canada 2019-03-26 David Flack Thorold, Canada 2019-03-26 Keith McCallum Saint Catharines, Canada 2019-03-26 Cathy Hayes Canada 2019-03-26 Andrew Gille Richmond, US 2019-03-26 Joshua Meyer Tiete, Brazil 2019-03-26 Anthony Badame Toronto, Canada 2019-03-26 Eileen Franklin Maxville Ont, Canada 2019-03-26 Jane McLean Woodstock, Canada 2019-03-26 Page 509 of 737 Name Location Date Sheila Mcdonald Cornwall, Canada 2019-03-26 Daniel Barker Toronto, Canada 2019-03-26 Daniel Goodchild Niagara Falls, Canada 2019-03-26 Jason Clements Niagara Falls, Canada 2019-03-26 Brian Shaw Edmonton, Canada 2019-03-26 tamara carnrite Toronto, Canada 2019-03-26 Mary-Lou Ambrose-Little Welland, Canada 2019-03-26 Denise Smith Niagara Falls, Canada 2019-03-26 Jennifer Walker Windsor, Canada 2019-03-26 Siobhan Lavelle Australia 2019-03-26 Dianne Dittrich Saint Catharines, Canada 2019-03-26 Debbie Vernon Bracebridge, Canada 2019-03-26 Jim Whyte Saint Catharines, Canada 2019-03-26 Liana Howard Oakville, Canada 2019-03-26 Linda McAughey Kearney, Canada 2019-03-26 gary kenyeres Stittsville, Canada 2019-03-26 Liz Hay Niagara Falls, Canada 2019-03-26 Dale Stuteley Niagara on the Lake, Canada 2019-03-26 Kerry Smith Toronto, Canada 2019-03-26 Thomas Elltoft Niagara-on-the-Lake, Canada 2019-03-26 Daniel Samson Saint Catharines, Canada 2019-03-26 james dufour Sudbury, Canada 2019-03-26 Page 510 of 737 Name Location Date Janine Lindgren Toronto, Canada 2019-03-26 Terri Terryberry Niagara Falls, Canada 2019-03-26 Paul Dempsey Fort Erie, Canada 2019-03-26 Jayson Watson Buderim, Australia 2019-03-26 Shirley Farrar Ontario, Canada 2019-03-26 Joe Leggiero toronto, Canada 2019-03-26 Terra Suddard Saint Catharines, Canada 2019-03-26 Carol Childs London On, Canada 2019-03-26 Niki Walker Niagara-on-the-Lake, Canada 2019-03-26 William Harvey Gillam, Canada 2019-03-26 Sharon Simmonds Welland, Canada 2019-03-26 Donna Seabrook ST CATHARINES, Canada 2019-03-26 Bill Auchterlonie NOTL, Canada 2019-03-26 Gerald Cooper Niagara Falls, Canada 2019-03-26 Mary Jo Medick Ballston Spa, New York, US 2019-03-26 Ellen Bailie Ottawa, Canada 2019-03-26 Cathy Fowler NOTL, Canada 2019-03-26 Malak Sayed Oakville, Canada 2019-03-26 Christopher Wai Scarborough, Canada 2019-03-26 Lillian Heffernan London, Canada 2019-03-26 Charles. H. Hodgson Niagara Falls, Canada 2019-03-26 Maghen Racey Beaconsfield, Canada 2019-03-26 Page 511 of 737 Name Location Date James Gallop San Francisco, California, US 2019-03-26 Heather Doherty Saint Catharines, Canada 2019-03-26 Ally Boo Toronto, Canada 2019-03-26 William Terry, UE Simcoe, Canada 2019-03-26 John Sturtz Niagara Falls, Canada 2019-03-26 Sian Gordon Toronto, Canada 2019-03-26 Konstantinos Panageotopoulos Bath, Canada 2019-03-26 Daniel Larocque Toronto, Canada 2019-03-26 Brian Parr Cambridge, Canada 2019-03-26 Shannon Wood niagara falls, Canada 2019-03-26 Zak Hines Welland, Canada 2019-03-26 Mae Gainer St Catharines, Canada 2019-03-26 Cindy Elliott Newtonville, Canada 2019-03-26 Rob Wilkinson Niagara Falls, Canada 2019-03-26 Regina Virgo Toronto, Canada 2019-03-26 Nicky Jones Ottawa, Canada 2019-03-26 Josh H.Toronto, Canada 2019-03-26 Stephanie Read Toronto, Canada 2019-03-26 louise bodogh buffalo, New York, US 2019-03-26 Teresa Lovett Rockwall, Texas, US 2019-03-26 Alicia Balderas Van Nuys, US 2019-03-26 Page 512 of 737 Name Location Date Victoria Beaulieu St. Joachim, Canada 2019-03-26 Sandra Sinnett Morrisburg, Canada 2019-03-26 Philipp Lesmana St. Catharines, Canada 2019-03-26 Adele McLennan Windsor, Canada 2019-03-26 Tammy Armeni Niagara Falls, Canada 2019-03-26 John Mendoza Vancouver, Canada 2019-03-26 John Chicoine Kamloops, Canada 2019-03-26 Jared Santana Vancouver, Canada 2019-03-26 AliasJason Everett Canada 2019-03-26 Mary Garrard Alexandria, Egypt 2019-03-26 Linda Murray Niagara-on-the-Lake, Canada 2019-03-26 Terry Anderson Niagara-on-the-lake, Canada 2019-03-26 Gino PICCIARIELLO Niagara Falls, Canada 2019-03-26 Zoe Brandhagen Fort Qu’Appelle, Canada 2019-03-26 Josey Vogels Niagara Falls, Canada 2019-03-26 mark cook Kitchener, Canada 2019-03-26 Robert Carson Niagara Falls, Canada 2019-03-26 David moore Barrie, Canada 2019-03-26 Pat Tooley Welland, Canada 2019-03-26 Linda Young Toronto, Canada 2019-03-26 Marcy Ardis Chatham, Canada 2019-03-26 Nik Argue lakefield, Canada 2019-03-26 Page 513 of 737 Name Location Date Marnie Shaw Calgary, Canada 2019-03-26 Megan Franklin Niagara Falls, Canada 2019-03-26 Clay MacWhirter Ottawa, Canada 2019-03-26 Saoirse Howe Toronto, Canada 2019-03-26 toby simmonds notl, Canada 2019-03-26 Leslee Edwards oshawa, Canada 2019-03-26 David Chalmers Cambridge, Canada 2019-03-26 Praful Kulkarni Pune, India 2019-03-26 Brittany Maraldo Niagara Falls, Canada 2019-03-26 mariah Reese Ponte Vedra, Florida, US 2019-03-26 Christine Mx3 Courtice, Canada 2019-03-26 Gwen Donofrio Saint Catharines, Canada 2019-03-26 Paul Christianson Kingston, Canada 2019-03-26 Stephanie Curin Weimar, California, US 2019-03-26 Sidney Allen Ottawa, Canada 2019-03-26 Kim Markovich Chatham ON, Canada 2019-03-26 Lucy Riolino Smith Stevensville, Canada 2019-03-26 tyler allen Amherst, Canada 2019-03-26 MIke M.New York, US 2019-03-26 Jon K. Jouppien Woodbridge, Canada 2019-03-26 Russell Benner London, Canada 2019-03-26 Mehak Maggo Edmonton, Canada 2019-03-26 Page 514 of 737 Name Location Date Virginia Van Vliet Toronto, Canada 2019-03-26 Patrice Watts Toronto, Canada 2019-03-26 Melissa Mourez Ottawa, Canada 2019-03-26 Lidia Tesfazghi Kitchener, Canada 2019-03-26 Sal Abbruscato Niagara falls, Canada 2019-03-26 Judith Patey Niagara-on-the-lake, Canada 2019-03-26 Jeshika Patel Columbia, US 2019-03-26 Ally Dupont Edmonton, Canada 2019-03-26 Kelli Rhodes Orangeville, Canada 2019-03-26 Grant Doe Canada 2019-03-26 Detton Lake Harrison Hot Springs, Canada 2019-03-26 Daniela SanGiacomo Boca Raton, US 2019-03-26 Rebecca Parsons Vancouver, Canada 2019-03-26 Luna Jenner Victoria, Canada 2019-03-26 Gary Gardell Toronto, Canada 2019-03-26 Connor McDaniel Kissimmee, US 2019-03-26 Madi M Vaughan, Canada 2019-03-26 Ian Cameron Niagara Falls, Canada 2019-03-26 Gia Sakkab Newmarket, Canada 2019-03-26 Amelia Upper Niagara-on-the-lake, Canada 2019-03-26 Kristen Machina Fort Providence, Canada 2019-03-26 John Ball Niagara Falls, Canada 2019-03-26 Page 515 of 737 Name Location Date Dianne Munro Niagara Falls, Canada 2019-03-26 Matt Ault Fort Washington, US 2019-03-26 Alexandra Vasquez Houston, US 2019-03-26 Joshua Gallop Clovis, New Mexico, US 2019-03-26 Daniela Spera Princeton, US 2019-03-26 Dennis Gannon Bethesda, Maryland, US 2019-03-26 Tina Tellis Escondido, US 2019-03-26 Yan Rivera Deltona, US 2019-03-26 Awais Ahmad Toronto, Canada 2019-03-26 Gordon Wai Scarborough, Canada 2019-03-26 Oleksii Pavlikov Niagara Falls, Canada 2019-03-26 Jean Kerr Vankleek Hill, Canada 2019-03-26 Pauline Wert Oshawa, Canada 2019-03-26 Jacquelyne Anderson Edmonton, Canada 2019-03-26 Li Robbins Toronto, Canada 2019-03-26 Anne Octaviano Canada 2019-03-26 Roberta Ness Kitchener, Canada 2019-03-26 Tammy Gosling Lindsay, Canada 2019-03-26 Dan Dalessandro Niagara-on-The-Lake, Canada 2019-03-26 尚志津村ナイアガラフォールズ, Canada 2019-03-26 Casey Brown St.Catharines, Canada 2019-03-26 Mil Sepic Lindsay, Canada 2019-03-26 Page 516 of 737 Name Location Date Robin Herter Medicine Hat, Canada 2019-03-26 JB Todd Rochester hills, Michigan, US 2019-03-26 Kellie Mason Saint Catharines, Canada 2019-03-26 Gordon Brown Bowmanville, Canada 2019-03-27 Lonnie Marshall North York, Canada 2019-03-27 Lois Morimoto Toronto, Canada 2019-03-27 Diana Robertson Saint Catharines, Canada 2019-03-27 Johanna Wilson Port Dover, Canada 2019-03-27 Ann Franssen Barrie, Canada 2019-03-27 elliott herman Niagara Falls, Canada 2019-03-27 S Ross Saint Catharines, Canada 2019-03-27 Marna Kopp Niagara Falls, Canada 2019-03-27 Janice Dowson Toronto, Canada 2019-03-27 Jordan Kingman New Westminster, Canada 2019-03-27 Leonard George North Vancouver, Canada 2019-03-27 Kathy Shaw Canada 2019-03-27 Michelle Wilson Canada 2019-03-27 Leslie Beale Saint Catharines, Canada 2019-03-27 Khadiga Salame Saint-hubert, Canada 2019-03-27 Nancy Benoy Hamilton, Canada 2019-03-27 Anthony Gray Palm Coast, US 2019-03-27 Jack Roberts High Point, US 2019-03-27 Page 517 of 737 Name Location Date Brendan Hurley Winnipeg, Canada 2019-03-27 Naythan Poulin Welland, Canada 2019-03-27 Melissa Lawler Hamilton, Canada 2019-03-27 CATHERINE LEWISL HAMILTONHam, Canada 2019-03-27 Seana Lizay Niagara Falls, Canada 2019-03-27 Heather DeGraaf Buffalo, New York, US 2019-03-27 Utkarsh Nath Fremont, US 2019-03-27 Henry Goos Belle River, Canada 2019-03-27 Kristina Srbljanin Hamilton, Canada 2019-03-27 Andre Horvath Thorold, Canada 2019-03-27 Gayle Elaine Bery Mililani, US 2019-03-27 James Schuurman Hess Kitchener, Canada 2019-03-27 Wendy Clark Edmonton, Canada 2019-03-27 Gerald Piwowar Radisson, Canada 2019-03-27 Kalen Dean Melfort, Canada 2019-03-27 tim charbonneau Montreal, Canada 2019-03-27 Brady Miller Deep River, Canada 2019-03-27 teodora mitrevska Windsor, Canada 2019-03-27 Dana Akey Sherwood Park, Canada 2019-03-27 Janet Miault Gorham On, Canada 2019-03-27 Nicole Landry Nanaimo, Canada 2019-03-27 jack ross Stuart, US 2019-03-27 Page 518 of 737 Name Location Date Christine Manzer Burnaby, Canada 2019-03-27 Rhonda Olafson Prince Albert, Canada 2019-03-27 Mary Reinhardt Burlington, Canada 2019-03-27 Elizabeth Betowski Toronto, Canada 2019-03-27 Marlyn Charbonneau Hawkesbury, Canada 2019-03-27 Jacqueline Dingman Welland, Canada 2019-03-27 Daniel Fentahun Edmonton, Canada 2019-03-27 Joey Gomez South Lake Tahoe, US 2019-03-27 Isabel Reinelt Vancouver, Canada 2019-03-27 Dylan Matthews Niagara Falls, Canada 2019-03-27 Ailsa McDonald San Anselmo, US 2019-03-27 Kerri Sant Bath, UK 2019-03-27 Barack Obama yer, US 2019-03-27 Laura Williams Pittsburgh, US 2019-03-27 Chigusa Senroh Canada 2019-03-27 Raymundo Campos North Aurora, US 2019-03-27 Dana Denhoff Potsdam, New York, US 2019-03-27 Brad Nixon Niagara-on-the-Lake, Canada 2019-03-27 ashley bohannon Louisville, US 2019-03-27 Zorian Alley Dartmouth, Canada 2019-03-27 Judy Giraldi Toronto, Canada 2019-03-27 Laura Mak Hornsey, UK 2019-03-27 Page 519 of 737 Name Location Date John Garnett Niagara Falls, Canada 2019-03-27 michael howe Niagara-on-the-Lake, Canada 2019-03-27 Larry James Stillwater, US 2019-03-27 Linda Scriver Wasaga Beach, Canada 2019-03-27 Bryan Sampson Scranton, US 2019-03-27 Ginette Girouard Montreal, Canada 2019-03-27 Rhonda Boone Yulee, US 2019-03-27 Irene Costello Toronto, Canada 2019-03-27 ezguy1 2017 US 2019-03-27 Tanya Talbot Windsor, Canada 2019-03-27 Kathleen Solose Saskatoon, Canada 2019-03-27 Heather McInnes Niagara Falls, Canada 2019-03-27 Quentin Norris Calgary, Canada 2019-03-27 Casey Rodgers Valley, US 2019-03-27 Ashley Miller Savannah, US 2019-03-27 Richard Coyne Niagara-on-the-lake, Canada 2019-03-27 tanya butcher Brantford, Canada 2019-03-27 Dale Farquharson Edmonton, Canada 2019-03-27 Kerry Stewart St. David's, Canada 2019-03-27 Natalie Whidden Ottawa, Canada 2019-03-27 Francine Radford Toronto, Canada 2019-03-27 Alex Brown Eagle river, US 2019-03-27 Page 520 of 737 Name Location Date Haiyen Chen Toronto, Canada 2019-03-27 Melinda Turpel St. Catharines, Canada 2019-03-27 John Dixon Odessa, Canada 2019-03-27 Li Robbins Toronto, Canada 2019-03-27 jackie allum Brantford, Canada 2019-03-27 Margaret Peterson Sault Ste. Marie, Canada 2019-03-27 Ryan Lee St. Catharines, Canada 2019-03-27 mimi koles Calgary, Canada 2019-03-27 Eileen Crouch Chatham, Canada 2019-03-27 Ali Azhar Tempe, US 2019-03-27 Myrnalee Elliott Toronto, Canada 2019-03-27 Austin McCormack Morinville, Canada 2019-03-27 Trish Mills NIAGARA FALLS, Canada 2019-03-27 Suzanne Welke Niagara Falls, Canada 2019-03-27 Mara Jones Regina, Canada 2019-03-27 Helen Taylor Niagara Falls, Canada 2019-03-27 Rae Hab Halifax, Canada 2019-03-27 Anna Maria Boby Richmond, Canada 2019-03-27 Wyatt Peters Fayetteville, US 2019-03-27 Liz Szynkowski Toronto, Canada 2019-03-27 Norm Arsenault Niagara-on-the-lake, Canada 2019-03-27 Kyle watson Calgary, Canada 2019-03-27 Page 521 of 737 Name Location Date Andrew Carruthers Niagara Falls, Canada 2019-03-27 Creed McFall Downingtown, US 2019-03-27 Val Robinson Bathurst, Canada 2019-03-27 Kymora Flowers GA, US 2019-03-27 sue braden gulfport, Florida, US 2019-03-27 Tyrese Brooks Chino, US 2019-03-27 Christian Zoldy Petrolia, Canada 2019-03-27 Chris Everett St. Catharines, Canada 2019-03-27 Maria Czubek Kingsville, Canada 2019-03-27 Alexus Adams Dublin, US 2019-03-27 Barbara Andrew Brandon, Canada 2019-03-27 Omar Jones Bowie, US 2019-03-27 Gerry Wright Canada 2019-03-27 Brandon Zoldy Ridgetown, Canada 2019-03-27 Shirley Power Oshawa, Canada 2019-03-27 Magnus Hama Oakville, Canada 2019-03-27 Donna Carter Rockford, US 2019-03-27 Dimitri Tretiakoff San Rafael, California, US 2019-03-27 daisy morales Salinas, US 2019-03-27 Cree Michaud Toronto, Canada 2019-03-28 Manveer Poonian Regina, Canada 2019-03-28 Giku Mendoza Upland, US 2019-03-28 Page 522 of 737 Name Location Date Becky Wilkie Niagara Falls, Canada 2019-03-28 Melissa Read Pensacola, Florida, US 2019-03-28 Amanda Freeland-Barr Barrie, Canada 2019-03-28 Harold Hartford Pefferlaw, Canada 2019-03-28 Joshua Ledwitz Chester, US 2019-03-28 Dalton Scherer Duarte, US 2019-03-28 Cullen Downham Toronto, Canada 2019-03-28 Rein Vares Oakville, Canada 2019-03-28 Ali Haseeb Scarborough, Canada 2019-03-28 Mick Mars St. John's, Canada 2019-03-28 Tiffany ELLERBECK dresden ontrio, Canada 2019-03-28 Jose Luis Magaña Los Angeles, US 2019-03-28 Anthony Perino Chicago, US 2019-03-28 Ramona Stavian Chicago, US 2019-03-28 Patti Howran Peterborough, Canada 2019-03-28 Cory Moncton Barrie, Canada 2019-03-28 Roma Uniat Kitchener, Canada 2019-03-28 Esha Sandhu Mississauga, Canada 2019-03-28 Mireya Hooper Coquitlam, Canada 2019-03-28 Patricia Balasiuk Niagara-on-the-Lake, Canada 2019-03-28 Jane Andrew Niagara Falls, Canada 2019-03-28 Sylvester Wah Sioux Falls, US 2019-03-28 Page 523 of 737 Name Location Date LuLu Rubin Montclair, US 2019-03-28 Dakota Jones Morganton, US 2019-03-28 Lenny Lard Toronto, Canada 2019-03-28 Giovanni Jaramillo Niagara Falls, Canada 2019-03-28 Henry Taylor Seattle, US 2019-03-28 stephen loh Temple City, US 2019-03-28 Owen A Markham, Canada 2019-03-28 Deon Hill Monroe, US 2019-03-28 Aaron Lammers Welland, Canada 2019-03-28 Ana Aguilarlopez Lynwood, US 2019-03-28 Kurtis Vasquez Ojai, US 2019-03-28 Derrick Timko Winnipeg, Canada 2019-03-28 Joseph Wade Fort Mcmurray, Canada 2019-03-28 Angela Heppner Niagara Falls, Canada 2019-03-28 Hanif Jiwani Concord, Canada 2019-03-28 Angosom Tesfay Brooks, Canada 2019-03-28 Brandan Campbell baltimore, US 2019-03-28 Dave Parker Cranbrook, Canada 2019-03-28 Shahriar Hashemi Thornhill, Canada 2019-03-28 karen mcintyre Salem, US 2019-03-28 Becky Hayward Saint Catharines, Canada 2019-03-28 Anne Kivari Nanaimo, Canada 2019-03-28 Page 524 of 737 Name Location Date JERRELL GOSVENOR Richmond, US 2019-03-28 Kaiden Dumm Tiffin, US 2019-03-28 Mary Stagman Alexandria, US 2019-03-28 Lloyd Russell Lake Ariel, US 2019-03-28 Tyler Snyder US 2019-03-28 Charles Taylor Saint Catharines, Canada 2019-03-28 Teague Roth Lexington, US 2019-03-28 James Gravelle Ottawa, Canada 2019-03-28 Nancy Drope Niagara-on-the-lake, Canada 2019-03-28 Tommy Murgitroyde Philadelphia, US 2019-03-28 Daan F lit, US 2019-03-28 Shantal Michel Los Angeles, US 2019-03-28 Mike Robichaud Saint Catharines, Canada 2019-03-28 susan pohorly Niagara on the Lake, ON, Canada 2019-03-28 Angelina Tychinina Toronto, Canada 2019-03-28 lexy monet Seal Beach, US 2019-03-28 Rowyn Jones Burlington, Canada 2019-03-28 john Romanelli Niagara Falls, Canada 2019-03-28 Barb Pearson Ancaster, Canada 2019-03-28 Wayne Burke New Orleans, US 2019-03-28 andy thomson Toronto, Canada 2019-03-28 Litasia Blanding Newton Rochester, US 2019-03-28 Page 525 of 737 Name Location Date clara holt bartlett, US 2019-03-28 Gabriella Griffiths Niagara Falls, Canada 2019-03-28 Shellie Vann-pringle Granbury, US 2019-03-28 haley juniper Milton, Canada 2019-03-28 julia cooke Washington, US 2019-03-28 tom conner Howell, Michigan, US 2019-03-28 Kristen Connell Narraganseyt, US 2019-03-28 Rosemarie Morris Ottawa, Canada 2019-03-28 Robert Anstruther Niagara Falls, Canada 2019-03-28 Donna Morin Port Colborne, Canada 2019-03-28 Aaron Butler Niagara Falls, Canada 2019-03-28 Karla ONeal Fort Worth, Texas, US 2019-03-28 Sylvia Palmer Greenville, US 2019-03-28 Brady Kerr Agawam, US 2019-03-28 peter baker Mississauga, Canada 2019-03-28 ScoopNot -Youtube Philadelphia, US 2019-03-28 Thomas Miller Drexel Hill, US 2019-03-28 Jacob Cole Richmond, US 2019-03-28 Debbie Marsh Thunder Bay, Canada 2019-03-28 Darren Whyte l2m1c4, Canada 2019-03-28 Kristen Fird Burlington, Canada 2019-03-28 Bernadette Terre Las Vegas, US 2019-03-28 Page 526 of 737 Name Location Date Vicente Fimbrez La Puente, US 2019-03-28 nick ger Independence, US 2019-03-28 Brenda Rodgers Ottawa, Canada 2019-03-28 Tabatha Haney La Habra, US 2019-03-28 Kelis H.Atlanta, US 2019-03-29 Joaquin Zavala Reedley, US 2019-03-29 Kimberley OConnor Niagara Falls, Canada 2019-03-29 Lorraine Rigby-Larocque Ottawa, Canada 2019-03-29 Derek QUINTON Niagara falls, Canada 2019-03-29 Gilles Desfosses Trois-rivières, Canada 2019-03-29 Heather Martin london, Canada 2019-03-29 Diane Killam Bolton, Canada 2019-03-29 U hide Bitg Overland Park, US 2019-03-29 Isabelle Rodriguez McAllen, Texas, US 2019-03-29 Alex Weismiller Erie, US 2019-03-29 Mario C Kitchener, Canada 2019-03-29 joshua walker arden, Canada 2019-03-29 Delilah Avila Las Vegas, US 2019-03-29 Kyle Shorb Cascade, US 2019-03-29 Alyssa Racine Toronto, Canada 2019-03-29 Jonathan Kelley Mount Pleasant, US 2019-03-29 Maureen Haggarty Toronto, Canada 2019-03-29 Page 527 of 737 Name Location Date Megan Gambrel Phoenix, US 2019-03-29 michael stifanic Australia 2019-03-29 Concetta Costa Niagara Falls, Canada 2019-03-29 Myriah Shepaum Hartford, US 2019-03-29 jaclyn gibbons Fort Erie, Canada 2019-03-29 Meghan Marigomen Niagara falls, Canada 2019-03-29 Marie Vil Revesencio Toronto, Canada 2019-03-29 Madeline Dolge Tolland, US 2019-03-29 Susan Higgins Milton, US 2019-03-29 Valerie Whidden Niagara Falls, Canada 2019-03-29 kevin sloan Niagara Falls, Canada 2019-03-29 Erika Kutis Niagara Falls, Canada 2019-03-29 Margie Bahry Belleville, Canada 2019-03-29 Cynthia Sanderson Toronto, Canada 2019-03-29 Geycume Onfroy Frankenmuth, US 2019-03-29 Shelley Passfield Saint Catharines, Canada 2019-03-29 Rubi Hakim Laval, Canada 2019-03-29 Heather Maddalone US 2019-03-29 Brenda Glover Toronto, Canada 2019-03-29 Briar Barron East Gwillimbury, Canada 2019-03-29 Brian Gillies Burlington, Canada 2019-03-29 Leonie de Young Toronto, Canada 2019-03-29 Page 528 of 737 Name Location Date Alison Piwowar Radisson, Canada 2019-03-29 Melanie B Hollywood, US 2019-03-29 Guja Subotic Niagara Falls, Canada 2019-03-29 Kevin Kwan Lawrenceville, US 2019-03-29 Elaine Chang Toronto, Canada 2019-03-29 Nicole Racine Toronto, Canada 2019-03-29 Andy Liu Meridian, US 2019-03-29 Lorie Gibbons Fort Erie, Canada 2019-03-29 Rosemary Barati Simcoe, Canada 2019-03-29 shane mckinnon Muskoka Lakes, Canada 2019-03-29 Curtis M Brisbois Port Hope, Canada 2019-03-29 George Spacek Chicago, US 2019-03-29 Pam Buttery Roseneath, Canada 2019-03-29 Alexander Brown Fort Lauderdale, US 2019-03-29 Liz Moore Aurora, Canada 2019-03-29 Benjamin Zamora El Paso, US 2019-03-29 G Sangha Surrey, Canada 2019-03-29 DeAndre Nickson Port Huron, US 2019-03-29 waclaw szymankiewicz Brooklyn, US 2019-03-29 Betty P Frado St. Catharines, Ontario, Canada 2019-03-29 April Zimmermann Apex, US 2019-03-29 Waynisha Johns Easton, US 2019-03-30 Page 529 of 737 Name Location Date Ryder Fergus Hampshire, US 2019-03-30 linda norris Norris Cambridge, Massachusetts, US 2019-03-30 Robert Richards Westland, US 2019-03-30 Awet Asfaha Houston, Texas, US 2019-03-30 Lucy Lupia Niagara Falls, Canada 2019-03-30 Ann Rivers Toronto, Canada 2019-03-30 Charlotte Serazio Milwaukee, US 2019-03-30 Brayden Lee Columbus, US 2019-03-30 Lynn Ford Wilmington, US 2019-03-30 Shaun Krawed Niagara Falls, Canada 2019-03-30 Karen Baldin st charles, US 2019-03-30 Matthew Tremblay Scarborough, Canada 2019-03-30 Daphne Seretis Ontario, Canada 2019-03-30 Jessica James Canada 2019-03-30 rick crabbe Brampton, Canada 2019-03-30 Carol Keller Niagara Falls, Canada 2019-03-30 Lauren Sabella Middletown, US 2019-03-30 Carey Ann Bloor Welland, Canada 2019-03-30 Stacie Clay Metairie, US 2019-03-30 Nicole Ambers Canada 2019-03-30 Kaden Bell Conroe, US 2019-03-30 Zachary Friedman Montréal, Canada 2019-03-30 Page 530 of 737 Name Location Date Lubna Kamal Dallas, US 2019-03-30 Janina Tyra Philadelphia, US 2019-03-30 Maryssa Galaviz Phoenix, US 2019-03-30 Amanda Key Eccleshall, UK 2019-03-30 Brady McFadden Leominster, US 2019-03-30 Janet Eby Port Hope, Canada 2019-03-31 Dhiraj Khadka US 2019-03-31 Jason Jobin moisan Québec, Canada 2019-03-31 Dan Weems Niagara Falls, Canada 2019-03-31 Swaizie Lauzon Thorold, Canada 2019-03-31 Elaine Stewart Cobourg, Canada 2019-03-31 Peter Friesen Drayton, Canada 2019-03-31 Marianna Spivak Hamilton, Canada 2019-03-31 Anthony Garcia DES MOINES, US 2019-03-31 Mike Palmer Waterloo, Canada 2019-03-31 Nagi Ahmed Calgary, Canada 2019-03-31 Irina Polusmak Richmond Hill, Canada 2019-03-31 Nick Clemens Toronto, Canada 2019-03-31 Véronique Lecompte Canada 2019-03-31 Gail Findlay Toronto, Canada 2019-03-31 Peter Stover Saint Catharines, Canada 2019-03-31 Rudolf Olah Toronto, Canada 2019-03-31 Page 531 of 737 Name Location Date Brenda DeWaele-Dutra Norwich, Canada 2019-03-31 Andrea Vermeersch London , on, Canada 2019-03-31 Catherine Johnson Canoga Park, California, US 2019-03-31 Kaneeze Fatima Arlington, Virginia, US 2019-03-31 Lori Laliberte Niagara Falls, Canada 2019-03-31 Darren Laliberte Niagara Falls, Canada 2019-03-31 Roger Brown Toronto, Canada 2019-03-31 Laurie Walker Ancaster, Canada 2019-03-31 Josh Sherman Chandler, US 2019-03-31 Catherine Leclair Innerkip, Canada 2019-03-31 cat reyes Chicago, US 2019-03-31 Craig Brennan Niagara Falls, Canada 2019-03-31 David Lambe Niagara Falls, Canada 2019-03-31 Ashley Bartlone Bunker Hill, US 2019-03-31 Rose Dewaele Norwich, Canada 2019-03-31 Terry Lounsbury US 2019-04-01 Lise Fabello Ancaster, Canada 2019-04-01 Sebastian Acosta Gonzales, US 2019-04-01 Ann-Marie Wiley Niagara falls, Canada 2019-04-01 Paul Comeau Niagara Falls, Canada 2019-04-01 Liam S Hamilton, Canada 2019-04-01 Barbara Moczulski London, Canada 2019-04-01 Page 532 of 737 Name Location Date Darcy Olinskie Southampton, Canada 2019-04-01 Rick Haffner cupertino, US 2019-04-01 Terry Laliberte Québec, Canada 2019-04-01 SenLama Kossay Canada 2019-04-01 Nicole Romanelli Niagara Falls, Canada 2019-04-01 Weston Sagle Niagara Falls, Canada 2019-04-01 Ruth Redelmeier Cobourg, Canada 2019-04-01 Dave Cashin Dartmouth, Canada 2019-04-01 Sarah Sheehan Hamilton, Canada 2019-04-01 Shelia Thornhill Milton, US 2019-04-01 Coralie Sheehan Ottawa, Canada 2019-04-01 Sean Chow Whitby, Canada 2019-04-01 Cathy Dunbar London, Canada 2019-04-01 Eric Peteet Los Angeles, US 2019-04-01 Greg Cave Kamloops, Canada 2019-04-01 Bent McClain Heber Springs, US 2019-04-01 isaac greayer harvard, US 2019-04-01 Violet Huras Kitchener, Canada 2019-04-01 Parks Gavin Ogden, US 2019-04-01 Jeremy Baker Sterrett, US 2019-04-01 Kayla Wittersheim Virginia Beach, US 2019-04-01 John Koks Saint Catharines, Canada 2019-04-01 Page 533 of 737 Name Location Date Crishy Coen Chesapeake, US 2019-04-02 Schelsy Timmons Anaheim, US 2019-04-02 MONICA RIEGLER Fort Erie, Canada 2019-04-02 Jack Johnson Conroe, US 2019-04-02 A J Clark London, Canada 2019-04-02 Lynne Mcclean Toronto, Canada 2019-04-02 Isabelle Margolis Québec, Canada 2019-04-02 Michael White Henrico, US 2019-04-02 Junior Mendoza Madison, US 2019-04-02 Janet Bernier Niagara Falls, Canada 2019-04-02 Kevin Vernell St. Louis, US 2019-04-02 Kayla Squires Belleville, Canada 2019-04-02 Nastassia Wilson Ontario, US 2019-04-02 Ruth-Ann Simpson Mississauga, Canada 2019-04-02 Gladys Rich Garner, North Carolina, US 2019-04-02 Vin-Marie Burnett Toronto, Canada 2019-04-02 Ella Bagwell Rome, US 2019-04-02 Dean Baxter Lewisburg, Alabama, US 2019-04-02 Manjot Dhillon Winnipeg, Canada 2019-04-02 Nickie Heilig Santee, US 2019-04-02 Samantha Ochoa Van Nuys, US 2019-04-02 Krystal Nop Garden Grove, US 2019-04-02 Page 534 of 737 Name Location Date Morgan McBride Lithonia, US 2019-04-02 Yassir Mohamed Los Angeles, US 2019-04-02 Blanca Garcia Billings, US 2019-04-02 Tyaira Hutchison Greenwood, US 2019-04-02 Anthony Jackson Ontario, US 2019-04-02 kaasey curtis gueydan, US 2019-04-02 John Rosas Los Angeles, US 2019-04-02 Damarco Andrews California City, US 2019-04-02 Myeshia Johnson Shoreview, US 2019-04-02 Flippy072007 Yeet Fontana, US 2019-04-02 Laura Tomlinson Apex, US 2019-04-02 Grace Benites Hawthorne, US 2019-04-02 Jomarr Rankin jr Los Angeles, US 2019-04-02 James Farias Riverside, US 2019-04-02 Osiris de Diaz Tamarac, US 2019-04-02 Mansia Momo Bronx, US 2019-04-02 annabell bakhit Los Angeles, US 2019-04-02 Jordan Hill Hacienda Heights, US 2019-04-02 SHAWNIECE Donaldson Los Angeles, US 2019-04-02 Brett Phillips Amarillo, US 2019-04-02 Gordonnae Vazquez Brooklyn, US 2019-04-02 Billie Anderson Atlanta, US 2019-04-02 Page 535 of 737 Name Location Date Rom Dor Fremont, US 2019-04-02 Melissa Keep Niagara Falls, Canada 2019-04-02 Julie Toscano Austin, US 2019-04-02 George Guadarrama Eagle Pass, US 2019-04-02 Portia Harley Augusta, US 2019-04-02 Khristopher M Houston, US 2019-04-02 Rose Flores Maricopa, US 2019-04-02 Kaylee Robb Colorado Springs, US 2019-04-02 Ishmael Jacobs Houston, US 2019-04-02 David Cash Venice, US 2019-04-02 Destiny Bender Bellflower, US 2019-04-02 Vianca Sanchez Pico Rivera, US 2019-04-03 Rohan Khanna Irvine, US 2019-04-03 Vanessa Medina San antonio, US 2019-04-03 Tay Holmes St. Louis, US 2019-04-03 Setrak Kalpakian Canada 2019-04-03 Adrian Navarrete Las Vegas, US 2019-04-03 Keicelyn Hall Milan, US 2019-04-03 marcia jones Toledo, Ohio, US 2019-04-03 Jennaly Aguilar Los angeles, US 2019-04-03 Xavier Fraylon Charlotte, US 2019-04-03 Juan Escalante Los Angeles, US 2019-04-03 Page 536 of 737 Name Location Date Jessica Mckinley Columbus, US 2019-04-03 Susan Smith Ellabell, US 2019-04-03 Shawn Malik Toronto, Canada 2019-04-03 Kathleen Nunez Los Angeles, US 2019-04-03 Wayne Edwards Beverly Hills, US 2019-04-03 Evette Gibson Los Angeles, US 2019-04-03 Kenya Cole Calabasas, US 2019-04-03 Yevette Soto Los Angeles, US 2019-04-03 Michael G Fresno, US 2019-04-03 Rodney Jones Aurora, US 2019-04-03 LiAsia Tillman Cheraw, US 2019-04-03 Tiffany Thurston Van Nuys, US 2019-04-03 jakiera milburn Lexington Park, US 2019-04-03 Maritza Mercado Milwaukee, US 2019-04-03 Daniel Ornelas Lawndale, US 2019-04-03 Spud Dick Fartfoeld, US 2019-04-03 cheryl vann-rainwater Seattle, US 2019-04-03 Antwan Reid Lakeland, US 2019-04-03 Enrique Ramirez Tampa, US 2019-04-03 Nicole Greaser North hills, US 2019-04-03 Jesse Arrieta Jr Austin, US 2019-04-03 Chloe Haywood San Antonio, US 2019-04-03 Page 537 of 737 Name Location Date Breon Marshall Austin, US 2019-04-03 Jaswinder Singh Brar Abbotsford, Canada 2019-04-03 Jenny Yan Toronto, Canada 2019-04-03 Denise Corley Detroit, US 2019-04-03 Nelson Salazar Des moines, US 2019-04-03 Desiree Ramirez Hawthorne, US 2019-04-03 Emani Villa Yonkers, US 2019-04-03 Amber Wallace Dayton, US 2019-04-03 Kiana Crus Springfield, US 2019-04-03 Davontee Ettress Los Angeles, US 2019-04-03 George Claiborne South Gate, US 2019-04-03 jada williams Van Nuys, US 2019-04-03 Diana Bojin Norwalk, US 2019-04-03 Tamyiah Williams US 2019-04-03 Shay Lynnecce Anaheim, US 2019-04-03 Tashala Jackson Vanceboro, US 2019-04-03 Henry Akinniyi Houston, US 2019-04-03 kiara howard Los Angeles, US 2019-04-03 James Peng Diamond Bar, US 2019-04-03 Alexander Ehlis Temple, US 2019-04-03 Charlene Haynes Sacramento, US 2019-04-03 Paulina Palacios Los Angeles, US 2019-04-03 Page 538 of 737 Name Location Date Beverley Luty Todmorden, UK 2019-04-03 Rachael Padilla Fresno, US 2019-04-03 Leon Brown Seattle, US 2019-04-03 Riley Extine Springfield, US 2019-04-03 Tyler Singer Wilmington, Delaware, US 2019-04-03 David Mosby Newport News, US 2019-04-03 Jody Jones Lexington, US 2019-04-03 Melat Tesfay Harrisburg, US 2019-04-03 Dennis Sok Southfield, US 2019-04-03 Ada VanderWal St Davids, Canada 2019-04-03 Ethab Brown Rice Lake, US 2019-04-03 Nate Gonzalez Newington, US 2019-04-03 Nautica Jenkins Stony Creek, US 2019-04-03 James Menheer High Bluff, Canada 2019-04-03 Desi Conde-Rodriguez Cortland, US 2019-04-03 Michael Smith Guelph, Canada 2019-04-03 Penis Dad Ridgewood, US 2019-04-03 Jahquez Hylton Jacksonville, US 2019-04-03 Autumn McDaniels Albuquerque, US 2019-04-03 Latrice Keaton Redford, US 2019-04-03 Zain Baig Indianapolis, US 2019-04-03 Damien Rosas Los Angeles, US 2019-04-03 Page 539 of 737 Name Location Date Destini Griggs New Orleans, US 2019-04-03 Glen Hart Fresno, US 2019-04-03 JJ House Duluth, US 2019-04-03 Freeman Moore Las Vegas, US 2019-04-03 Taylor Robinson Kansas, US 2019-04-03 Diego Melendrez Barre, US 2019-04-03 Julian Salazar Aurora, US 2019-04-03 Mal Watterson Canada 2019-04-03 Noah Smith Mattoon, US 2019-04-03 Ethan Wild Albuquerque, US 2019-04-03 Hyunah Cho Los Angeles, US 2019-04-03 Adam Kaluba Cincinnati, US 2019-04-03 Jessie Cohen Lynbrook, US 2019-04-03 john crowley Arlington, US 2019-04-03 Dejah Lanaee US 2019-04-03 Julia Mills Antigonish, Canada 2019-04-03 Michael Tait Fort Stewart, US 2019-04-03 Joy Fluker Long Beach, US 2019-04-03 ALI Moussavi Aurora, US 2019-04-03 Leonita Hall Alpharetta, US 2019-04-03 Tyler Gomes Toronto, Canada 2019-04-03 Kanye West Crestwood, US 2019-04-03 Page 540 of 737 Name Location Date Ryan Ngo Philadelphia, US 2019-04-03 Michael Giguere Thornhill, Canada 2019-04-03 Vert y RIVERSIDE, US 2019-04-03 Asia Starks Fort Wayne, US 2019-04-03 Lorenzo Anderson Minneapolis, US 2019-04-03 Ana Campos Washington, US 2019-04-03 Bryan Barnartt Vaughan, Canada 2019-04-03 Amya Moore Greensboro, US 2019-04-03 Grace Pierias Hamilton, Canada 2019-04-03 Rochelle Sells Bell, US 2019-04-03 Lexie McArtor Dallas, US 2019-04-03 Tiffani McWilliams Las Vegas, US 2019-04-04 Shelby Murphy Fresno, US 2019-04-04 Yzabelle Fernandez Ottawa, Canada 2019-04-04 Bigga HerCum US 2019-04-04 N A North Bay, Canada 2019-04-04 Lisha Wong Highland park, US 2019-04-04 Hope Adams Greenville, South Carolina, US 2019-04-04 Andron McElveen Sweeny, US 2019-04-04 Ricardo Rodney Covington, US 2019-04-04 Sandy Brennan Niagara Falls, Canada 2019-04-04 Caroline Mendoza Monterey Park, US 2019-04-04 Page 541 of 737 Name Location Date liz hayden St. Catharines, Canada 2019-04-04 Johnny Moore Buffalo, US 2019-04-04 Kiara Goodland Hamilton, Canada 2019-04-04 Nicole Clifford Corpus Christi, US 2019-04-04 Kanisha Walker Orlando, US 2019-04-04 Tyler Reynolds Forest grove, US 2019-04-04 Yolanda Mora Santa Ana, US 2019-04-04 Jason Romolo Toronto, Canada 2019-04-04 Parker Wenguer Oak Park, US 2019-04-04 JAedyn Miguel Sacramento, US 2019-04-04 Svetlana Predybaylo West Sacramento, US 2019-04-04 Jukes FN Philadelphia, US 2019-04-04 Chris Miguel Artesia, US 2019-04-04 Brian Peters Lubbock, US 2019-04-04 Paul Lee Ocean City, US 2019-04-04 Donna McDevitt Cape May Court House, US 2019-04-04 Nathan Revane New Westminster, Canada 2019-04-04 Bernard Bizimana Montréal, Canada 2019-04-04 Maud Rostaing St Catharines, Canada 2019-04-04 Jermaine Higginbotham Calhoun, Georgia, US 2019-04-04 tina bounds Milwaukee, US 2019-04-04 Fida Elayyan Bronx, US 2019-04-04 Page 542 of 737 Name Location Date Edwin Hernandez Baltimore, US 2019-04-04 david alexanian Mississauga, Canada 2019-04-04 Inisha Jones Brooklyn, US 2019-04-04 Evan Pacheco San Antonio, US 2019-04-04 phebe Appleton Niagara-on-the-lake, Canada 2019-04-04 Deanna Portis Pompano Beach, US 2019-04-04 DANNY RHEE Cerritos, US 2019-04-04 Emma Thompson Saint Catharines, Canada 2019-04-04 Caleb Haun Fort Erie, Canada 2019-04-04 Don Bissell Rockford, Illinois, US 2019-04-04 Jessica Sheaffer Mount laurel, US 2019-04-04 alex jilka US 2019-04-04 April Mullen Niagara-on-the-lake, Canada 2019-04-04 Laquisha Carter Seattle, US 2019-04-04 Emerald Greene Inglewood, US 2019-04-04 Stephane Blanc Pompano Beach, US 2019-04-04 Jasmine Shaw Indianapolis, US 2019-04-04 nik chiagkouris Mount Pleasant, US 2019-04-04 Emily Coulombe Berlin, US 2019-04-04 Dante Winkler Lindsay, Canada 2019-04-04 James van der Woerd Hamilton, Canada 2019-04-04 Sukh Toor Edmonton, Canada 2019-04-04 Page 543 of 737 Name Location Date Austin Burkett Lemoyne, US 2019-04-04 Ayesha Elliott Vancouver, Canada 2019-04-04 Teresa Badgley Thorold, Canada 2019-04-04 Valencia Thompson Etobicoke, Canada 2019-04-04 Darius Southerland Jackson, US 2019-04-04 Kassandra Genova Toronto, Canada 2019-04-04 Ashley Wnuk Bronx, US 2019-04-04 Stephanie Gitlin Long Island City, US 2019-04-04 linda waite Victoria, Canada 2019-04-04 Terrell Carter Vance, US 2019-04-04 Tristan Kerekes Ansonia, US 2019-04-04 Lena Pham York, US 2019-04-04 Ashley Vaughn Swartz Creek, US 2019-04-04 diane libman chicago, Illinois, US 2019-04-04 Olivia Longo Oakville, Canada 2019-04-04 Revert Fortnite Vallejo, US 2019-04-04 Keven Dixon Anaheim, US 2019-04-04 Aaron Amat Ocoee, US 2019-04-04 joey Stewart Norwitch, US 2019-04-04 Taylor Shippee Shelburne Falls, US 2019-04-04 Francesca Costantino Niagara Falls, Canada 2019-04-05 Toby Greig Port Perry, Canada 2019-04-05 Page 544 of 737 Name Location Date Sarah James Novato, US 2019-04-05 Kaitlin Normandin Ottawa, Canada 2019-04-05 Jenna Pyle Toronto, Canada 2019-04-05 David Ivkovic Sherman Oaks, US 2019-04-05 Ksenia K Mississauga, Canada 2019-04-05 Alfonso Brooks North Las Vegas, US 2019-04-05 Ekbal B Lynchburg, US 2019-04-05 TeeJay Woodhall-Magiera Canada 2019-04-05 Adam Griffin Inglewood, US 2019-04-05 Daniel Noble Modesto, US 2019-04-05 Christopher Gower Winnipeg, Canada 2019-04-05 Mike Adams Orange Park, US 2019-04-06 Kennedy Welborn Decatur, US 2019-04-06 Alex Hayes Los Angeles, US 2019-04-06 Iisha Hudson Los Angeles, US 2019-04-06 Jerome Smith Victorville, US 2019-04-06 Qmahni Perryman Denver, US 2019-04-06 George pratt Modesto, US 2019-04-06 Dana Clare Windsor, Canada 2019-04-07 Amina La Rode Dover, US 2019-04-07 Marco Del Zotto Toronto, Canada 2019-04-07 Michael Finlay Toronto, Canada 2019-04-07 Page 545 of 737 Name Location Date Rodney Whaley Atlanta, US 2019-04-07 Lynne LeGallais Niagara Falls, Canada 2019-04-07 Candy Mansell Ottawa, Canada 2019-04-07 Page 546 of 737 Recipient:Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris Dabrowski, Councillor Carolyn Ioannoni, Councillor Vince A. Kerrio, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor ... Letter:Greetings, Please reconsider the decision to demolish Niagara Falls' historic Town Hall. This building was built in 1866, has been the home of our local democracy, and should be renovated to help rejuvenate our downtown. Page 547 of 737 Comments Name Location Date Comment Nathan Chamberland Niagara Falls, Canada 2019-03-21 History must be preserved! Jillian Ives Toronto, Canada 2019-03-21 I think that it's important to maintain these historical buildings for posterity. it would have been nice if it hadn't been allowed to fall into such disrepair in the first place. Christian Bell Niagara Falls, Canada 2019-03-21 All we have is a picture of the original Clifton Town Hall . Restore this important heritage building . Dozens of Canadian cities have invested in their heritage & never regret it . Linda Babb Niagara Falls, Canada 2019-03-21 The wording of the petition says it all - remove the ugly facade and preserve whatever is possible . Too many buildings of significant historic importance have been allowed to fall into disrepair through neglect. Honour the past - show some respect Becky Dinwoodie Whitby, Canada 2019-03-21 I spend a lot of time in Niagara & much of its charm comes from its history. Jennifer Hollett Toronto, Canada 2019-03-21 As a child of Niagara, let us preserve this history. Preetom Karim Toronto, Canada 2019-03-21 Soft spot for unique heritage buildings. I even bought an old field stone house. Nikita Gordyn Welland, Canada 2019-03-21 I'm a Niagara resident and we need our history to remain. This building is older than the country and needs to be RESTORED, not torn down. Eric Bradshaw Saint Catharines, Canada 2019-03-21 There is far to many historic buildings being destroyed Leigh Foster Niagara-on-the-lake, Canada 2019-03-21 A beautiful historic site is of great value and should be preserved, not demolished. Jennifer Hay St. Catharines, Canada 2019-03-21 Heritage conservation and adaptive reuse of heritage buildings is not only important to preserve the history and unique character of our communities, but is environmentally sustainable and economically viable. Jhon Nava Harrodsburg, KY 2019-03-21 I enjoy traveling g and seeing historic buildings such as this. I say preserve the craftsmanship. Robert Prowse Cornwall, Canada 2019-03-21 I believe heritage is a valuable asset that can help ur an areas thrive . Norman Newbery Hamilton, Canada 2019-03-21 We need to preserve character buildings like this one. Please read the attached letter. Bowland Minna Chamcook, Canada 2019-03-21 I believe that Canada's architectural and cultural history should be preserved at any cost. It is irreplaceable. Page 548 of 737 Name Location Date Comment duncan arthurs owen sound, Canada 2019-03-21 I use to hange around there when I was a kid the city needs to keep historical building like this instead of tearing them down neil gowan Hagersville, Canada 2019-03-21 Heritage is important Scott Tripp Dundas, Canada 2019-03-21 Enough demolition. ..restore it and use it instead of putting in landfill Shelley Henderson Niagara Falls, Canada 2019-03-21 Progress for the sake of progress is a mistake. History and heritage should be preserved. We shouldn't jump just because the mayor says so, because it's expedient. This building is worth trying to save. M Pleau Lively, Canada 2019-03-21 wt actual hell Niagara. what's wrong with you, mentally? T'ai Mentale ben raide!! Frank Iudiciani Welland, Canada 2019-03-21 Keep historic places! Larry Storm Hamilton, Canada 2019-03-21 There's a lot that can be done with it! Tracy Stewart Niagara Falls, Canada 2019-03-21 I live downtown and this building is a valuable and beautiful part of the landscape. Instead of tearing it down, invest in reconstruction! BL Barlow Sudbury, Ontario, Canada 2019-03-21 Please preserve what little historical architecture we have left Kara Sloan Niagara Falls, Canada 2019-03-21 Because heritage buildings have value. Preserving this would be money much better spent than the cost of tearing it down. It's age alone is amazing. Kenneth Westhues Niagara Falls, Canada 2019-03-21 When we moved to Niagara Falls in 2011, I assumed that the city had some kind of well-researched plan to remove the brick facade from this building and restore it properly. I figured the project was on a back burner and would be moved to a front burner soon. Turns out I was wrong. I was horrified by how quickly, without one word of concern for heritage preservation, Council approved demolition of the building last Tuesday night. Reconsideration of this matter should be an urgent priority. Kim Snyder Niagara Falls, Canada 2019-03-21 Historical buildings and statues are being removed around the world. Heritage is important and we should preserve what we can. At least do a study and present to the public. Bob Milne Welland, Canada 2019-03-21 We need to preserve our history, incorporate it into our plans, not destroy it. Stevee John Campbell Niagara Falls, Canada 2019-03-21 I believe in preserving the craftsmanship of our past because it is part of our culture. No different than restoring old cars and trucks. It is important for our future generations to have access to these historic sites and nature spots. It also makes our community much more unique and identifiable to visitors and residents. Chris Smith North York, Canada 2019-03-21 Christine Smith Niagara Falls Page 549 of 737 Name Location Date Comment Zachary Randle Niagara,falls, Canada 2019-03-21 I am adding my name because history is vital if we are to achieve a brighter future Patrick Crummey Toronto, Canada 2019-03-21 History = economic development. Patti Bauer Niagara Falls, Canada 2019-03-21 I believe our history should be preserved and celebrated. wendy Foster-Ellis Niagara Falls, Ontario, Canada 2019-03-21 Niagara Falls continues to tear down every last historic building in this city A town as old as Niagara Falls has pretty much zero ( well 1) public building The school house is beautiful and should also be saved instead of decommissioning to pave the way for it to be now demolished , Shame!! sue PLUTHERO Hamilton, Canada 2019-03-21 The courthouse is a piece of history You city *leaders* need to learn the importance of history!!! You can’t convince anybody that Niagara Falls doesn’t have the money to fix it. Leave it alone!! Gordon Drysdale Garson, Canada 2019-03-21 Take a clue from Europe. Historical buildings are treasures! Nik Bennett Greater Hamilton, Ontario, Canada 2019-03-22 I’m signing because heritage buildings especially public heritage buildings belong to us all as a people. Their local importance is amplified out across the province. Jackie Watson Welland, Canada 2019-03-22 Buildings should be preserved. Not knocked down. We need to protect our history. Hind Khoury Ottawa, Canada 2019-03-22 It’s a shame to loose historical buildings Sue Ambeau PORT cOLBORNE, Canada 2019-03-22 Let's keep some history alive... this should have been designated a historical building years ago!!! Sell it to someone who wants to restore it, if you at city council, don't feel it's important enough to save!!! Kate Profijt Niagara Falls, Canada 2019-03-22 I feel that this building is of historical significance to the city of Niagara Falls and could be the gateway to reinventing the Queen Street downtown core. Why not utilize this wonderful space by making it into a restaurant, art gallery, or live theatre venue? Our city needs more culture-focused venues (for art and entertainment). This building would be perfect for that. It would be a shame to lose this historical building. Elizabeth Lemire Niagara falls, Canada 2019-03-22 I'm signing because I love history and it would be a shame to loose things from the past Sean George Markham, Canada 2019-03-22 Heritage buildings can never be replaced. This is a piece of our beautiful history that we can never get back once it's demolished. Modern buildings can be slapped together over and over again, but the intricacy and perfection of our historic buildings will never again be seen.Demolishing or even altering a historic building should be illegal anywhere in the world. Once these are gone, they're gone forever, and we will never again have the skill or the resources to replace them Page 550 of 737 Name Location Date Comment Colleen Cuviello niagara falls, Canada 2019-03-22 This building is a true part of Niagara Falls' heritage and should never be torn down; restored at least. Betty Donaher Collingwood, Canada 2019-03-22 Betty Donaher Shannon Johnson Toronto, Canada 2019-03-22 This building has significance to my ancestors who were United Empire Loyalists who settled in Niagara. Historical buildings should not be demolished. Michael Rodaway Montréal, Canada 2019-03-22 Save Ontario History from short sighted politicians. Robin Cass Toronto, Canada 2019-03-22 Enough said. Just look at this place. ann McDonald Niagara Falls, Canada 2019-03-22 We need to preserve as much history as possible. Remove the facade and restore the building. susie tombs niagara falls, Canada 2019-03-22 save our historical buildings Janie Ann Wilsonville, Canada 2019-03-22 this is history... should be saved... we lose too much already... Save it.... Dennis Collin Sudbury, Canada 2019-03-22 The past will help us with our future and this building reflects the past physically, visually and ethnically Brian Laufman Hamilton, Canada 2019-03-22 Our historic buildings must be protected. When they’re taken away, it’s more than brick and stone that is taken away - it’s our history and heritage that is being taken away. M Pleau Lively, Canada 2019-03-22 Thank you Gordon!! Chris Klemencic Canada 2019-03-22 We need to keep our history buildings. lisa susin Ridgeway, Canada 2019-03-22 This building is probably built better then most new construction over the past 50-80 year. Could you imagine if Italy/Great Britain etc started to just demolish their old building? Catherine MacLeod Saint Catharines, Canada 2019-03-22 What a beautiful & historic building. Let's save it! Bridget Barrow Niagara Falls, Canada 2019-03-22 Because history should not be erased! Sharon Snyder Welland, Canada 2019-03-22 These old buildings need to be preserved! Amy Boyd Toronto, Canada 2019-03-22 History is made forms tomorrow. Future generations have little to physically see. Not all believe what they here some need to see to believe... Let it stand for the sake of education. Bethie Jones Saint Catharines, Canada 2019-03-22 History is a learned subject for a reason. Our future deserves to know the good men and women of local history. Something that is already so forgotten. Page 551 of 737 Name Location Date Comment Stephanie Riley Niagara Falls, Canada 2019-03-22 It's ridiculous that the city lets these beautiful old buildings waste away to the point of no return. Our heritage means absolutely nothing to them. Tourism and the money it brings in is the most important thing to them now. Shame on them. Bunch of loosers who don't give a sh*t about anyone but themselves and their own wallets. Keith McDuffee Creighton, Canada 2019-03-22 I hate to see historical buildings torn down. Maggie Corry Niagara Falls, Canada 2019-03-22 I personally believe that the city should restore and reuse.Beautiful building, beautiful stonework. Veronica Chamberlain Mulmur, Canada 2019-03-22 Keep the town hall Matt Lanteigne In Ontario, Canada 2019-03-22 We need to preserve history. Glen Hunt Niagara Falls, Ontario, Canada 2019-03-22 It's a beautiful historic building. It holds many possibilities. It still has good bones, so why not keep a historic building like this one. Once it's demolished, it's gone forever. Connie-Marie Yasney Niagara Falls, Canada 2019-03-22 Here in the West historical architecture is demolished. This building exemplifies the History of Niagara Falls and the beautiful architecture of the day. Preserve it!!! Wendy Leigh Brantford, Canada 2019-03-22 We need to maintain the history, and this lovely aesthetically pleasing building SHOULD be maintained! Please don't lose it! Tammy Lemire Niagara Falls, Canada 2019-03-22 The only thing we have is our history to remind of us of our start! These buildings are part of that! Marguerite Moore Hamilton, Canada 2019-03-22 It’s so sad to see a beautiful structure like this destroyed. It’s part of our history should be cherished Brock King Fonthill, Canada 2019-03-22 Too many historic buildings have been lost already! Taylor DeBattista Caledon, Canada 2019-03-22 This is a beautiful historic building and I’d hate for future generations to not be able to love this building as much as the rest of us Gerry Ash St. Catharines, Canada 2019-03-22 Historical significance Lee-Ann Hines-Green Hamilton, Canada 2019-03-22 Historic building are very important! nicole poirier Hamilton, Canada 2019-03-22 I am signing because I believe history should be preserved for future generations Chris Alldread Bowmanville, Ontario, Canada 2019-03-22 Preserve your history Andrea Dyson Masset, Canada 2019-03-22 This is a historic building! It should not be destroyed. Lois LaCroix Welland, ON, Canada 2019-03-22 I can't believe you would even consider this! Save the history of Niagara!! Page 552 of 737 Name Location Date Comment Sandra Martin Hamilton, Canada 2019-03-22 Stop destroying history. Jennifer Vermeer Hamilton, Canada 2019-03-22 Far to often Canadians tear down their history and it needs to stop Keith Alan-Siren Saint Catharines, Canada 2019-03-22 We need to save some of these historic buildings for our children's children Michael Whittaker Oxford Station, Canada 2019-03-22 Our heritage is precious, and the losses can never be returned or explained to coming generations. Ryan Hanlin St Catharines, Canada 2019-03-22 Frankly I'm shocked that this building survived.I'm disgusted that the city would not do everything possible to save this building Jenn Dickey Simcoe, Canada 2019-03-22 We need to preserve all heritage buildings. Alan Buchner Mississauga, Canada 2019-03-22 Save don't Raze Heather Evans Fort Erie, Canada 2019-03-22 I care about our history! Roddy MacIsaac Niagara Falls, Ontario, Canada 2019-03-22 We can do better! Brian Tibbs St. Catharines, ON., Canada 2019-03-22 A shame to have such a beautiful testimony to the skills of Masonry work from a bygone era destroyed like what has happened in nearby communities. Better to adapt this piece of history into a place where both tourist and locals can enjoy it. wayne bennett Thorold, Canada 2019-03-22 nice peace of history dont nesd another tower of glass and steel Ross Hamilton Toronto, Canada 2019-03-23 This building deserves protection. Susan Naldjieff port Robinson, Canada 2019-03-23 This building has an interesting gistory and I want my grandchildren and great grandchil2 to see hoe a proper building looked when they grow up. Learn how to refurbish and reuse things and not just waste money and rip it down Yurixhi Contreras Jacuinde Niagara Falls, Canada 2019-03-23 It's part of the history of this beautiful town. It's a building that is worth to restore, after can be used for multiple businesses, offices, restaurants, etc, etc David Clarke Twillingate, Canada 2019-03-23 I wish to see such irreplaceable pieces of our heritage maintained for future generations. Once gone, they are lost forever. Wade MacDonald St.Catharines, Canada 2019-03-23 I am signing because I believe in keeping our heritage building. Wendy Long Niagara Falls, Canada 2019-03-23 Our historical buildings are so important to our present and future generations. Juli-Ann Leva Canada 2019-03-23 We have become a disposable society. So much of history is lost in the name of progress, when we should cherish it, protect it, and pass it on to future generations. There is/was a school that taught restoration. Why not donate the building to them? While saving an architectural beauty and preserving our history, there would be Page 553 of 737 Name Location Date Comment education and experience benefits for the students, who can then go on to restore other architectural beauties. Voudou Juju US 2019-03-23 History should be preserved Rick Dilts Welland, ON, Canada 2019-03-23 Just absurd to destroy history in this manner, especially a beautiful solid stone building that became a Center piece at one time.. totally makes no sense... Tracy Pilcher Welland, Canada 2019-03-23 We need to preserve our heritage buildings Mike Morden Mississauga, Canada 2019-03-23 History needs to be preserved so that future generations know and understand what people went through so that we could have the freedoms and democracy that we experience today. John Latimer Niagara Falls, Canada 2019-03-23 Our cultural history is more important than new developments. My kids don't need to see another hotel or strip mall, they need to see our country's history! Crystal D'Cunha Niagara Falls, Canada 2019-03-23 The old Town Hall has stood proudly for over 150 years. Let’s allow it to stand for many more!! Richard Lombardi Niagara Falls, Canada 2019-03-23 As a lifelong Niagara Falls resident and now downtown resident I signed this petition because this is the exact opposite action we need. Niagara Falls more than any other city should be restoring our historical buildings. We should be celebrating our history and providing tourists with an alternative image to Clifton Hill. Carol Bowers Niagara Falls, Canada 2019-03-23 Historical Niagara is disappearing. We are hard pressed to find any remnants of buildings that reflect our history. This was a beautiful piece of architecture that was covered up but could be revealed to offer our population into the craftsmanship and architecture of our past. Do not let this historic building turn into dust. tammy croft Niagara Falls, Canada 2019-03-23 That would be a shame to see such a beautiful building torn down Carol Allaster St. Catharines, Canada 2019-03-23 If everything keeps getting demolished, there will not be any “historical “ values left to view Sandy Scervino Saint Catharines, Canada 2019-03-23 I appreciate and respect history. I feel that this building should be repurposed and keep as much of the original building as possible. krystal hedden Saint Catharines, Canada 2019-03-23 It’s historic!! Adam Buller Canada 2019-03-23 it’s a historical building, lots of people and companies save buildings from the brink of ruin all the time. Frankly, I do NOT want one more cheaply made and uninspiring building put in its place, it’s the mix of old and new buildings that make a city look lived in, you tear down enough buildings and suddenly you look like Mississauga, and awful conclusion Pauline Hammond Wellad Ontario, Canada 2019-03-23 Pauline Hammond Page 554 of 737 Name Location Date Comment Donna bonato Port Colborne, Canada 2019-03-23 As a former Niagara Falls Resident I am signing this petition because I believe we have lost to many historical buildings in Niagara Mary McGugan Toronto, Canada 2019-03-23 I’m signing because we need this as a beautiful monument and to remember our history and to also generate revenue for tourism into the future . Lindsey Williston Niagara Falls, Canada 2019-03-23 The building is an age old historical treasure. It's time to whole heartedly revitalize and bring the downtown to back what it used to be. So many historic buildings could be saved and utilized for new business ventures, bringing more people to the area instead of torn down to leave empty weed covered lots ( old Rosbergs land), or another strip mall to take its place. Old buildings with their history and stories could entice an entrepreneur if some love and care was taken to keep it standing. Jaemin Kim New York, US 2019-03-24 By remembering the past...we are paving a better path towards the future. Valerie Jordan Espanola, Canada 2019-03-24 Valerie jordan Brenda Oswald Calgary, Canada 2019-03-24 Historical landmarks in Canada should be preserved! Brett House Lincoln, Ontario, Canada 2019-03-24 Lincoln didn’t have the foresight to save it’s heritage. Don’t make the same mistake. Linda Rivas Archerwill, Canada 2019-03-24 Although I have moved west I believe in the restoration of our historic buildings. My family still lives in the area and I come home often. This building deserves preservation and be a proud display of our historic past. Andrew Williams Saint Catharines, Canada 2019-03-24 I believe in saving our architectural heritage. Once these grand old buildings are gone we all lose a piece of our collective past. Barbara Guppy Watford, UK 2019-03-24 My great grandad is buried in Niagara. My parents lived there for many years when my father worked on the construction of the power plant. I know they would not want to see this historic building demolished. carey harfst port colborne ont., Canada 2019-03-24 This building should have never been left to rot as it have ...save it or it will be gone for ever. Carson Murphy Kingston, Canada 2019-03-24 Because old buildings are finite links to our past. They are what bridge the gaps between generations and contribute invaluably to our wellbeing and civic pride Colleen Scott Niagara Falls, Canada 2019-03-25 I am tired of this city doing this without consultation if the citizens. Kaireen Morrison Wawa, Ontario, Canada 2019-03-25 As a long time member of the local Heritage Committee, I feel that buildings such as the old Town Hall should be preserved, considering it's multi-use history and its cultural significance. Too many historical buildings are being demolished in the name of progress. Surely in this day and age plans can be devised in order Page 555 of 737 Name Location Date Comment to develop this spot by incorporating the existing building into something without destroying it. Michelle Glavic Niagara Falls, Canada 2019-03-25 Absolutely against the move to remove an important part of Niagara Falls history. Visit any prominent city around the world whether it be Paris or Charleston. It is its preservation of historical buildings which greatly adds to their respective allure and magnificence. Judie Lawrence Belle River, Canada 2019-03-25 I lived most of my life in Niagara Falls, my relatives, son & his family still do and I would like to see the city's heritage preserved. Scott Finlay Niagara Falls, Canada 2019-03-25 When we tear down our past we create an uncertain future. This is an iconic structure that goes right to the historic roots of this community. Virginia Hurley Brantford, Canada 2019-03-25 Historical buildings, once gone, can never return and we need to keep our history alive. Megan Gilchrist NOTL, Canada 2019-03-25 I believe strongly in preserving historic buildings when possible - there are lots of optuos for historic preservation through adaptive repurposing, public-private partnerships, etc. Please explore all avenues to help save this structure. Thank you for your consideration. Mike Veysey Toronto, Canada 2019-03-25 Restoring the old building into a museum about downtown would be nice. Carolyn Rapson Toronto, ON, Canada 2019-03-25 I believe in the restoration of old things! Barbara (morrison) Butters Port Colborne, Ontario, Canada 2019-03-25 It is important to preserve these amazing places , they are part and parcel of a history , of beauty , we must not lose them Leslie Curry Port Colborne, Canada 2019-03-25 Niagara Falls has so little of its original history left. marsha thomson port colborne, Ontario, Canada 2019-03-25 to beautiful to destroy Heather Davey Glace Bay, Canada 2019-03-25 I am from Welland and I still have roots in the Niagara area. We can never replace an historic building once it is destroyed. With it, we are destroying our history. Norman MacCrimmon Canada 2019-03-25 Preserve our history Brenda Taylor Monkland, Canada 2019-03-25 Some of my family were born and raised in Niagara Falls and it’s a beautifula area. Carol Staggs Midland, TX 2019-03-25 I love history and buildings are a major part of any historical story. Deborah Hession Clearview, Canada 2019-03-25 You need to be saving these buildings and educate yourself and others of the historic value. So many have shamefully been lost to “development” or parking lots. Page 556 of 737 Name Location Date Comment John MacBeth Niagara-on-the-Lake, Canada 2019-03-25 Old buildings are a touchstone to understanding where we are Steve Gulley Niagara-on-the-Lake, Canada 2019-03-25 I enjoy the historical buildings in Niagara Falls. RAY DANCER st catharines, ont, Canada 2019-03-25 History is not something to bulldoze. Natalie Millhiser St. Catharines, Canada 2019-03-25 I want to preserve it. Deborah McMullen Ottawa, Canada 2019-03-25 It’s important to maintain and retain our built heritage. History is hard to hold onto when it’s evidence is erased. Nancy Kinsman Stoney Creek, Canada 2019-03-25 I love Niagara Falls and it’s history. Fran Racy Langley, Canada 2019-03-25 I believe it important to preserve such places for future generations to remember what came before . History is what makes us what we are today Roy Winders Cambridge, Canada 2019-03-25 Far too much history being erased, surely such a beautiful sound building can be adapted. Michael Katzenberger madison, WI 2019-03-25 The removal of historical buildings is a crime against our past and future. Gordon Racey Ile Perrot, Canada 2019-03-25 I love historical buildings. Also, I remember visiting my grandmother in Niagara and walking past this building. Christa Barette Prince Rupert, Canada 2019-03-25 This building is older than Canada. We are lucky to have it.If the community wants it, isn’t that what council should represent?It’s our history. Without history, how can we truly know ourselves. It is a rare treasure Judy Fowler niagara falls, Canada 2019-03-25 Our history is important This building should be preserved, regardless of the costs involved!! Mike Distefano Niagara Falls, Canada 2019-03-25 Clark it's nice to have these Heritage buildings saved the problem in Niagara is our heritage committee is unrealistic The committee should be abolished I made the mistake of moving into a Heritage building office and I have to fight with them tooth and nail for any little business move I make it make it almost impossible for us to run a business properly and if businesses can't operate in these buildings they can't survive you need people to occupy them so they stay in good shape. My building could be next. Too many rules Thom Walters Brantford, Ontario, Canada 2019-03-25 History and Historical buildings should be saved. No Sue Miller Creemore ON, Canada 2019-03-25 Historical buildings are monuments to the past and keep us feeling connected to a lineage of culture & humanity! Page 557 of 737 Name Location Date Comment Jay Robo Canada 2019-03-25 Definitely deserves to be saved. Erected before the city of Niagara its deserves to maintain its status. Much history here! Jennifer Hart Beamsville, Ontario, Canada 2019-03-25 This is short sighted as heritage used properly brings tourism. Take a page out of Niagara on the Lake. Lena Snow St. Catharines, Canada 2019-03-25 We need to keep our heritage. This is a beautiful historical building and we have to stop destroying the beauty in our region Lynall Kostuk-Watchorn Niagara Falls, Canada 2019-03-25 My dad went to school here I think its important to safe our old building Dave Merritt Canada 2019-03-25 It could be put to use for homeless shelter or something Donna Clute St. Catharines, Canada 2019-03-25 We should be preserving the precious pieces of history. Many stories around each property, how and when was it built? Who designed and built it! Events around the property of significance. We are to quick to flatten great works of art as this building is. Debra Duncan Weston, WI 2019-03-25 As a librarian, genealogist and historian, I believe it is important to preserve our heritage and tell our stories to our future generations and keeping iconic buildings such as this assist in that endeavor. Tracey O'Brien Niagara Falls, Canada 2019-03-25 Tr David Watson Pontypool, Canada 2019-03-26 We must protect and honour our built heritage. Paul Mitchell Orangeville, Canada 2019-03-26 Don't be short-sighted! Embrace your history Leona DesRosiers Niagara Falls, Canada 2019-03-26 I believe we should preserve any of our old historical sites/buildings in this city...our history is just as important as our futures Thomas Stopforth Brampton, Canada 2019-03-26 Historical building Donna Anderson ORANGEVILLE, Canada 2019-03-26 Our history is important! We should preserve all we can Skye Murray NopeVille, Canada 2019-03-26 Don't make the same mistake Kitchener did, we're still talking about it decades later! steve mcarthur Niagara Falls, Canada 2019-03-26 The last thing this city needs is another parking lot or strip mall let save some of our history while it's here and not in some pictures Natasa Corfield Niagara Falls, Canada 2019-03-26 I bet that building can outlive ANYTHING built today! Its ALL crap these days. steve tognini forest knolls, CA 2019-03-26 Please preserve the history of your community. I grew up in Canada, moved to Ohio and frequently passed through Niagra. I almost bought a small church near Niagra. The investment you make in your history will give you, your citizens, and many tourists a historic sense of belonging and pride in what you will accomplish. Sincerely. steve Page 558 of 737 Name Location Date Comment Candace Colling Toronto, Ontario, Canada 2019-03-26 It's beautiful and should be preserved. Katherine Small Liverpool, NY 2019-03-26 This should be saved Philip Bury Spencerville, Canada 2019-03-26 We lose too many buildings like this, always to our eventual regret. Jordan Balch North York, Canada 2019-03-26 This is an historic building that needs to be saved. David Flack Thorold, Canada 2019-03-26 We won't get any new buildings like this anymore. Joshua Meyer Tiete, Brazil 2019-03-26 Without history, the future is lost.Find a way to preserve history and we collect the future in full. Eileen Franklin Maxville Ont, Canada 2019-03-26 We are losing to n much history when we lose these buildings Daniel Goodchild Niagara Falls, Canada 2019-03-26 It would be a shame to lose such a wonderful, old building. Siobhan Lavelle Australia 2019-03-26 This is an historic building and should be kept. Dianne Dittrich Saint Catharines, Canada 2019-03-26 I was born in Niagara Falls and sadly we have lost too many heritage buildings. We need to preserve our past! Jim Whyte Saint Catharines, Canada 2019-03-26 We need keep our heritage and history around. Thomas Elltoft Niagara-on-the-Lake, Ontario, Canada 2019-03-26 You can’t rebuild historic buildings. Once they are gone so us our past james dufour Sudbury, Canada 2019-03-26 its wrong to wipe out historic building Janine Lindgren Toronto, Canada 2019-03-26 why is our history being demolished? stop it right now! Shirley Farrar Ontario, Canada 2019-03-26 Our built heritage is extremely important to be preserved and restored. It is part of the history, culture and evolution of this Country and must be celebrated and maintained. It is a unique symbol of who we are today because of those who built this country. Their legacy must be preserved to original glory. Joe Leggiero toronto, Ontario, Canada 2019-03-26 Let's stop destroying our history to make space for hugly future.... Carol Childs London On, Canada 2019-03-26 They need to stop destroying our culture ,our Canadian history. Sharon Simmonds Welland, Canada 2019-03-26 We need to preserve history and not destroy it Charles. H. Hodgson Niagara Falls, Canada 2019-03-26 What a beautiful building just dripping in history. What a shame to lose it forever. Spend some money.Make it useful again for goodness sake. Page 559 of 737 Name Location Date Comment Maghen Racey Beaconsfield, Canada 2019-03-26 The history of the country needs to be preserved and this building came before this city was even named. It’s a beautiful building full of culture and if still in good condition, why not use it? Ally Boo Toronto, Canada 2019-03-26 We need to keep our Canadian and Ontario heritage. Niagara Falls will lose part of its past and that would not benefit anyone, it should be maybe changed into heritage o4 cultural centre if it needs purpose, not demolished. Mae Gainer St Catharines, Canada 2019-03-26 History! Cindy Elliott Newtonville, Canada 2019-03-26 This is a historic site Josh H.Toronto, Canada 2019-03-26 I'm signing because history matters. Without appreciating history, the future is bleak and hollow. Russell Benner London, Canada 2019-03-26 there are other buildings in the old downtown of the falls that new to be raised first Lois Morimoto Toronto, Canada 2019-03-27 Lois Morimoto James Schuurman Hess Kitchener, Canada 2019-03-27 History needs to be preserved Jacqueline Dingman Welland, Canada 2019-03-27 I am signing because we should preserve our history and historic buildings Dana Denhoff Potsdam, NY 2019-03-27 Old buildings have character and history , preserve them ! Ginette Girouard Montreal, Canada 2019-03-27 Why lose our history. Demolition will destroy years in one day. Is it to bring more tax to the city instead of investing in the beautiful past human work. I call it extermination of history.Past makes dreams Dreams makes future1� Heather McInnes Niagara Falls, Canada 2019-03-27 Historic buildings must be preserved! Dale Farquharson Edmonton, Canada 2019-03-27 Without history we wouldn't know why we are here. Let's keep the little reminders we have. Li Robbins Toronto, Canada 2019-03-27 So important for a city to preserve its beautiful old buildings for historical reasons — and economic ones as well. (Those kinds of buildings tend to be a real draw for visitors.) sue braden gulfport, FL 2019-03-27 I appreciate old buildings Barbara Andrew Brandon, Canada 2019-03-27 Save Canadian History!!! Melissa Read Pensacola, FL 2019-03-28 Exploring history is one of the primary reasons we travel, if all that's left is a photograph and a memory we may as well stay home (and not spend $$ in your town) Page 560 of 737 Name Location Date Comment Angela Heppner Niagara Falls, Ontario, Canada 2019-03-28 History should be preserved not destroyed . Barb Pearson Ancaster, Canada 2019-03-28 Travesty to destroy historic buildings. Canada needs history Kristen Fird Burlington, Canada 2019-03-28 Keeping things from the past is beautiful! Shelley Passfield Saint Catharines, Canada 2019-03-29 We need to SAVE our heritage buildings. shane mckinnon Muskoka Lakes, Canada 2019-03-29 We cannot continue demolishing our heritage buildings. Betty P Frado St. Catharines, Ontario, Ontario, Canada 2019-03-29 Far too many significant buildings throughout Niagara have been razed for ridiculous reasons. It has to stop. Andrea Vermeersch London , on, Canada 2019-03-31 Gorgouse building Catherine Johnson Canoga Park, CA 2019-03-31 Anything that beautiful needs to be saved. Paul Comeau Niagara Falls, Canada 2019-04-01 Figure out what to do with it instead of just tearing it down the queen street area needs to create a better image to bring the tourists as well as locals down there. Turn it into a welcome centre Tyler Singer Wilmington, DE 2019-04-03 Don’t destroy history!!! diane libman chicago, IL 2019-04-04 Don’t erase what’s left of our short history. I recently was fortunate enough to travel through parts of England where town after town has been kept intact. It’s such an awesome experience. Don’t throw away the past. When it’s gone - it’s gone forever. Page 561 of 737 Presented By: ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD April 9th, 2019 1 FORMER CITY HALL & OLD COURT HOUSE Page 562 of 737 Former City Hall & Old Court House History Plaque Historical Photo of Building ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.2Page 563 of 737 Current Building Appearance March 2019 March 2019 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.3Page 564 of 737 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.4Page 565 of 737 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.5Page 566 of 737 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.6Page 567 of 737 Main Floor March 2019 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.7 Asbestos Tiles Page 568 of 737 Court Room –Second Floor March 2019 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.8 Asbestos Tiles Page 569 of 737 Second Floor Hallway March 2019 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.9 Asbestos Tiles Page 570 of 737 Second Floor Office March 2019 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.10 Asbestos Tiles Page 571 of 737 Second Floor Ceiling Damage March 2019 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.11Page 572 of 737 Water Damage Damaged Ceiling – Main Floor Damaged Ceiling – Second Floor ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.12Page 573 of 737 Second Floor Damaged Walls and Ceiling Pooling Water ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.13Page 574 of 737 Second Floor Ceiling Damage Ceiling Damage ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.14Page 575 of 737 Main Floor March 2019 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.15 Lead Paint Page 576 of 737 Main Floor March 2019 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.16Page 577 of 737 Ceiling Damage Main Floor Second Floor ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.17Page 578 of 737 Basement Water Incursion Damaged Walls ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.18Page 579 of 737 Court Room Damage ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.19Page 580 of 737 Second Floor Ceiling Damage ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.20Page 581 of 737 Questions? ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD.21Page 582 of 737 PBD-2019-23 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-23 Matters Arising from Municipal Heritage Committee Former Old City Hall, 4300 Queen Street Former Parks Building, 7565 Lundy’s Lane RECOMMENDATION The Municipal Heritage Committee advises: 1. That prior to any approval of demolition of the listed former City Hall at 4300 Queen Street that Council direct staff to obtain a full Heritage Impact Assessment to identify the heritage value of the property. 2. That the heritage attributes in place at the time of designation of the former Parks, Recreation & Culture building at 7565 Lundy’s Lane still exist and that the Committee would oppose any decision to remove the heritage designation. BACKGROUND The Committee met and discussed the most recent decision by Council to demolish the building at 4300 Queen Street, known as the former Court House. It was acknowledged by the Committee that this building was also known as the former City Hall for the Town of Niagara Falls built c. 1865-1866. It became City Hall in 1904. The building is listed on the Municipal Register of Heritage Properties. After a discussion, the Committee adopted the following motion: “That prior to any approval of demolition of the listed old City Hall, that a full Heritage Impact Assessment be completed to identify the heritage value of the property” The Committee also discussed Council’s decision to demolish the former School at Green’s Corners, now known as the former Parks, Recreation & Culture building at 7565 Lundy’s Lane. It was acknowledged that this building is designated under the Ontario Heritage Act and as such, the process to demolish this building is different that a building/property that is listed on the Municipal Register of Heritage Properties. The proposed demolition of a designated property must proceed through a public process. Page 583 of 737 2 PBD-2019-23 April 9, 2019 Following a discussion the committee adopted this motion: “That the Committee advises that the heritage attributes of the former Parks, Recreation & Culture building at 7565 Lundy’s Lane in place at the time of designation, still exist and that the Committee opposes any decision to remove the designation to allow for the demolition of the property.” ATTACHMENTS  No attachments. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer P. Boyle:pb Attach. S:\PDR\2019\PBD-2019-23, Matters Arising from MHC, Former City Hall & PRC Building.docx Page 584 of 737 PBD-2019-21 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-21 Boarding House Interim Control By-law Study Update RECOMMENDATION 1. Council receive the public comments/input contained in this report; and 2. That the planning and licensing documents be refined in accordance with the comments/input received and be brought to a statutory public meeting before Council in June. EXECUTIVE SUMMARY In April 2017, Council passed an interim control by-law to prohibit the establishment of boarding houses in the City. MHBC Planning was contracted to undertake a study of the issue. In November, 2018, the consultants and staff reported to Council on the study and recommended a preferred option – a Single Room Occupancy (SRO) Building be introduced as a new land use in the zoning by-law and be further regulated in the Licensing By-law. Council directed that additional public consultation be undertaken and to report back on the results of the consultation. Prior to these public consultation events, draft Official Plan policies and Zoning By-law and Licensing By-law Regulations were released for review. Comments received through public consultation will be reviewed and the draft documents revised accordingly. An on-line survey was conducted from March 4, 2019 through to March 22, 2019. A stakeholder meeting and a public open house were held on March 18, 2019. Invitations to both were sent to all of the BIA’s, Niagara Regional Police, and social service agencies (e.g. Project Share, YWCA, Niagara Falls Community Health Care). Notice of the public open house was published in the Niagara Falls Review. The majority of comments were in support of permitting SRO’s in motels and hotels and that they be regulated through zoning and licensing. There were also comments that related to certain detailed aspects of SRO’s – for example, provision of sanitary facilities and kitchenettes within the units; provision of amenity space within an SRO building. BACKGROUND In April 2017, Council passed an interim control by-law to prohibit the establishment of any further boarding houses in the City. This was in response to an application to the Committee of Adjustment for 8004 Lundy’s Lane to add a boarding house use to an existing motel. The Lundy’s Lane BIA raised a number of concerns with this application and the recent increase in the motels along Lundy’s Lane that have been converted into boarding houses. Page 585 of 737 2 PBD-2019-21 April 9, 2019 MHBC Planning was hired in to undertake a study of this issue. In November, 2018 MHBC, together with Planning staff, reported to Council on the study and recommended a preferred option – a Single Room Occupancy (SRO) Building be introduced as a new land use in the zoning by-law and be further regulated in the Licensing By-law. Council directed that additional public consultation be undertaken and to report back on the results of the consultation. CONSULTATION 1. An on-line survey was conducted from March 4th through to March 22nd on the “Let’s Talk Niagara Falls” on-line engagement site. 2. A meeting with stakeholders – BIA’s, Niagara Regional Police, and agencies (e.g. Project Share, YWCA, Niagara Falls Community Health Care) – was held on March 18th. 3. An Open House was also held on March 18th. Notice of the Open House was sent to stakeholders, agencies and was published in the Niagara Falls Review. RESULTS 1. On-line Survey A series of questions were posed on the survey for people to respond – majority were yes/no with two that allowed for further comment. The full survey results are attached as Appendix 1. A synopsis of the results are:  61% of the respondents support the SRO concept  73% support regulation  58% support legalization  97% are of the opinion that owners should be required to improve buildings to an appropriate standard.  58% are of the opinion that SRO’s and motel units could not co-exist in the same building  51% are concerned about living conditions 2. Stakeholder Meeting and Open House Question/Comment Received Response/Action Would SRO’s be subject to the Residential Tenancies Act? Yes. SRO’s will be a person’s place of residence. Motels and SRO’s co-existing in the same building will result in enforcement issues. Police and by-law enforcement officers need to know what legislation is applicable. The by-laws will be reviewed and revised accordingly. Can a building operate as an SRO for part of the year and a motel for another part of the year? The licensing by-law would have to recognize this circumstance. The draft by- law will be reviewed and revised accordingly. The by-laws should recognize the existing unit sizes. The by-laws will be revised to remove references to a minimum unit size. Unit Page 586 of 737 3 PBD-2019-21 April 9, 2019 ANALYSIS/RATIONALE There are a number of “take-aways” from the public forums. 1. Introduction of an SRO land use is appropriate. A clear majority are in favour of this action. 2. Regulation through zoning and licensing to require proper living standards is required. The regulatory documents will include sanitary facilities and kitchenettes as requirements for an SRO unit. 3. Motel units and SRO’s cannot co-exist in the same building. The documents will have to have a requirement that precludes this circumstance but allows for the buildings to be used as one or the other at different times of the year. sizes will be controlled by the Ontario Building Code (OBC). Sanitary facilities should be required for each unit. No revisions required as the by-laws require them. Kitchenettes should be required in each unit, even if communal kitchens are provided. By-laws will be require that either communal kitchens or kitchenettes be required. Amenity space for the building is not necessary. By-laws will be revised accordingly. Council should provide additional funding for inspections. The units already exist in the commercial areas. Regulations are required to bring these units up to an appropriate standard. SRO’s should not be limited to existing motel conversions; purpose-built SRO’s should be permitted. By-laws will be reviewed and revised accordingly. SRO’s should not be permitted in commercial areas – should be in residential areas. For Council’s consideration. SRO’s should be permitted in commercial areas. No revisions required. Units have to be safe and meet a minimum standard. No revisions required. Lundy’s Lane has a streetscape master plan and a CIP – the BIA is trying to revitalize the corridor. Sub-standard buildings and properties detract from these initiatives. Zoning and licensing regulations will serve to require an appropriate standard. A residential loan program should be established for SRO’s to assist operators on conversion costs. The Lundy’s Lane CIP does not include a residential loan program as detailed in planning report PBD-2019-12. A separate study would have to be undertaken to determine the types of programs, eligibility criteria and other details. Any program would have to be applicable across the urban area of the city. What about the “hard to house”? Supportive housing is beyond the scope of this study. Page 587 of 737 4 PBD-2019-21 April 9, 2019 4. Unit sizes will be controlled through the OBC rather than stipulating a minimum size in the licensing by-law. 5. Commercial areas are an appropriate location for SRO’s if regulated through zoning and licensing. In addition, staff investigated as whether Development Charges (DC’s) would be applicable to an SRO conversion and was advised that it is likely that DC’s would be applicable. Payment of DC’s would be cost prohibitive for any operator and thus act as a deterrent to conversions. Because of this, the new DC By-law should contain an exemption for SRO conversions. Regional exemptions would have be considered on a case-by-case basis as its DC By-law was passed last year. NEXT STEPS As noted above, draft Official Plan policies as well as Zoning By-law and Licensing Regulations have been prepared. The comments received from these public forums are being reviewed and the draft documents will be revised accordingly. The next step will be to bring these documents to a statutory public meeting under the Planning Act in June. LIST OF ATTACHMENTS  Appendix 1 – Single Room Occupancy Survey Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer J. Barnsley:gd Attach. S:\PDR\2019\PBD-2019-21, Boarding House Study Update.docx Page 588 of 737 Survey Report 01 March 2019 - 25 March 2019 Single Room Occupancy Survey PROJECT: Single Room Occupancy Buildings and Units Let's Talk Niagara Falls Page 589 of 737 Q1 Do you support the concept of Single Room Occupancy (SRO) in motels and hotels in Niagara Falls? 43 (61.4%) 43 (61.4%) 27 (38.6%) 27 (38.6%) Yes No Question options Optional question (70 responses, 0 skipped) Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 1 of 13 Page 590 of 737 Q2 Do you support regulation and licencing of Single Room Occupancy (SRO) units in motels and hotels in Niagara Falls? 51 (72.9%) 51 (72.9%) 19 (27.1%) 19 (27.1%) Yes No Question options Optional question (70 responses, 0 skipped) Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 2 of 13 Page 591 of 737 Q3 Do you support legalizing SROs in all commercial zones? 40 (58.0%) 40 (58.0%) 29 (42.0%) 29 (42.0%) Yes No Question options Optional question (69 responses, 1 skipped) Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 3 of 13 Page 592 of 737 L Thompsom 3/06/2019 11:14 PM Not in tourist areas and NOT on Lundy’s Lane Wilton 3/07/2019 06:44 PM on farms City of Niagara Falls is unwilling to enforce its bylaws with existing slum landlords. Inviting other modalities of living is asking for problems. Grcevic 3/07/2019 08:02 PM Tourist zones only 21191715g9 3/07/2019 08:25 PM Nowhere Simon 3/07/2019 10:54 PM They shouldn’t be permitted at all. Build proper affordable housing. The Shane 3/07/2019 11:16 PM need more info on the definition of SRO. For example , can they cook in the room? None 3/08/2019 11:59 AM Nowhere. Create affordable housing without forcing someone into a tiny one room "apartment" slow 3/08/2019 03:26 PM Away from Lundys Lane the main tourist area for visitors coming to Niagara Falls. Rosann 3/08/2019 07:33 PM Away from high residential areas. The south end around Lundy’s Lane should not be considered Angeleen 3/08/2019 07:43 PM Tourist area Tom 3/09/2019 10:35 AM In properties that are seasonal dependent. SRO's couls allow propertie owners to bettet meet the demands of seasonal occupation by allowing full time occupancy in conjunction with design criteria. SS 3/09/2019 11:24 AM Proper conversion of these dwellings through social services for low income housing. Regulated and inspected as children are living in these places. Specifically the Candlelight motel. RyO 3/09/2019 08:54 PM Close to employment, shopping and services. pax 3/09/2019 10:10 PM outbuildings Cpt. Friendly 3/16/2019 04:44 PM Nowhere. If news releases from the NRP are to be believed, the so-called SROs are havens for drug use and sale, prostitution, human trafficking, etc. Not only do I not want that in my community, I also don't want it impacting our tourism industry by having tourists sleep next to these problems. AL 3/17/2019 09:27 AM I’m unsure Q4 Where should SROs be permitted? Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 4 of 13 Page 593 of 737 Missmare 3/17/2019 09:52 AM They should not be allowed anywhere Anonymous 3/17/2019 03:32 PM Not in Niagara Falls Dataman 3/17/2019 11:09 PM Fallsview Angela Peebles 3/18/2019 11:49 AM Outside of the tourist district. Dmm74 3/18/2019 08:45 PM I am basically concerned about the outward appearance of SROs. However, I do recognize the need for affordable housing. Calista 3/21/2019 08:51 PM In residential communities, perhaps low income residences need to be built. They could be SROs per the definition. People shouldn’t be forced to live in motels due to the lack of affordable housing. Optional question (22 responses, 48 skipped) Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 5 of 13 Page 594 of 737 Q5 Should owners of SRO units be required to undertake building and property improvements to ensure appropriate living conditions for residents? 67 (97.1%) 67 (97.1%) 2 (2.9%) 2 (2.9%) Yes No Question options Optional question (69 responses, 1 skipped) Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 6 of 13 Page 595 of 737 Q6 Do you believe that tourist operations (hotel/motel) can co-exist in the same building as permanent (SRO) residents? 29 (42.0%) 29 (42.0%) 40 (58.0%) 40 (58.0%) Yes No Question options Optional question (69 responses, 1 skipped) Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 7 of 13 Page 596 of 737 Q7 What are you main concerns about Single Room Occupancy units (SROs) in motels and hotels? 51 51 31 31 35 35 28 28 4 4 12 12 Living conditions for residents Aesthetics of the building Conflicts between residents and tourists Impact on adjacent business operations I have no concerns Other Question options 5 10 15 20 25 30 35 40 45 50 55 Optional question (69 responses, 1 skipped) Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 8 of 13 Page 597 of 737 Wilton 3/07/2019 06:44 PM City building inspectors do not inspect existing rental units. Do not return calls. City health inspectors do not inspect existing rental units. Do not return calls. Landlord and tenant board is pretty much non-existent and/or unattainable in Niagara Falls for people to go to if they have problems. City of Niagara Falls only cares about tourism matters. Simon 3/07/2019 10:54 PM Safety concerns with cooking appliances in motel rooms that were not designed to be permanent residences. John 3/08/2019 07:52 AM drug and alcohol use child safety population density slum developments evening pedestrian safety Rosann 3/08/2019 07:33 PM Surrounding area children, business, residential homes. These types of housing solutions need to be away from tourist and high residential area. Look to rehab the area around the old NFCVI. Tom 3/09/2019 10:35 AM Alcohol and drug abuse by SRO tenents. Not all SRO users are undesirerables. Many long term residents would benefit thier landlords and areas. I jave lived in 2 seperate locations. pax 3/09/2019 10:10 PM tourists have to be warned about the likelihood of a local person permanently residing on the premises it is not fair to tourists to allow these they are grossly dirty and smelly places Justine Noel 3/11/2019 12:06 AM That imposing new regulations and improvements will lead to price increases that will just lead to more homelessness and homeless deaths in winter. SROs are a safer alternative to homeless shelters where people are at risk of sexual assault, physical assault, and robbery. mgoforth 3/13/2019 12:03 PM Two issues I would like to add. I am an occupant of a SRO unit; I know of what I speak. The owners of these units can only turn a profit by NOT repairing all but the absolutely minimum. If they are handed a laundry list of repairs required, these motels will be sold off for the land. Also, these types of units also attract those in poverty due to criminal or drug use. Tourists will not enjoy being shoulder to shoulder with broken people. I have to live here, and I can't stand all the screaming, fighting, trash throwing, pit bulls and suspiciously frequent traffic to one or two units. How the heck should it be expected that a family on vacation wants to stay in a hotel where they are afraid? Cpt. Friendly 3/16/2019 04:44 PM As stated above, I'm concerned about the crime that seems flourish in these environments. Argineoconnor 3/16/2019 11:06 PM Unfortunately like any system there will be some abusers drugs,sex acts etc therefore involving police officers of which we don't have enough support. I would like to see this for single parents,homelessness etc having lived in low income housing I can relate. Bi-laws work you will need a stronger system for sros Missmare 3/17/2019 09:52 AM The type of occupancy it will attract. I don’t feel comfortable walking down Lundy’s Lane now. It will have more drugs if this goes through. Q8 Please list your other concerns here: Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 9 of 13 Page 598 of 737 Stan 3/22/2019 04:17 PM property value of surrounding area suffering from aesthetically unpleasing buildings and living conditions and potential for undesirable tenants. Optional question (12 responses, 58 skipped) Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 10 of 13 Page 599 of 737 Q9 I am 4 4 1 1 42 42 23 23 a tenant of an SRO building a nearby business owner a nearby resident Other Question options 5 10 15 20 25 30 35 40 45 Optional question (68 responses, 2 skipped) Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 11 of 13 Page 600 of 737 johnsturtz 3/07/2019 06:09 PM I believe that any and all ideas about housing people in need of affordable housing should be studied and taken seriously. The need for affordable housing is in great need. Wilton 3/07/2019 06:44 PM I am interested because I do not want to see more people screwed over by slum landlords. Slum landlords have license to do whatever they please. City of Niagara Falls does nothing to enforce bylaws and basic standard of living for current renters. This is not a good thing to entertain until the City gets it's act together. Marty Mazzarella 3/07/2019 09:47 PM I am a landlord of 4 properties in the city John 3/08/2019 07:52 AM Creative thinking re Lundy's Lane: making it more attractive for tourists. For example, turning it into a cool retro neighborhood with 1950's architecture and mid century themes. Street dances, retro restaurants, , et. We don't have to turn these older neighborhood gems into neighborhoods we neglect, abandon or allow to slide. Barb Kleer 3/08/2019 08:08 AM Homelessness has directly affected my family. We tried to rent a motel room and were turned away by many motels. The ones that did offer monthly rentals were too expensive. Single men on welfare get around $650 per month for rent and basic living expenses. The rent for most units available was $700 and up. Single homeless males have nearly no support save for the Soup Kitchen and the Out of the Cold. What are they supposed to do on cold days? I know there are warming centers but homeless life is extremely hard and very stressful and leads to mental health and physical health issues including addiction and alcoholism to escape the pain and reality that is their measly existence. PLEASE HELP OUR HOMELESS. neverhome 3/08/2019 09:11 PM I am interested in the idea of affordable housing in our city which is greatly lacking. theresatrees 3/10/2019 05:06 PM My primary concern is the cost of living for persons working for the minimum wage. It is difficult for them to find adequate housing that they can afford. I have no objection to hotels or motels being converted to housing. I believe that the rooms should allow cooking and would therefore require renovations prior to occupancy to ensure that all fire regulations are met. The city can subsidize the cost for those persons that qualify for assistance. The existence of the rooms would assist the city in addressing the lack of housing. lind babb 3/11/2019 11:12 AM In the immediate this is a stop gap solution for the immediate but not long term. It provides accommodation but the people who are homeless need to have properly planned accommodations which will provide the level of security as well as peace of mind, a permanent address and a place to call their own without the shadow if being turned out for tourists. They also need the "support network" in place to address their other medical or mental health needs. Hotel/motel living will not fill those needs adequately Judy doerr This already exists in many motels and is not an answer for long term Q10 What other interest do you have in the issue of SROs? Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 12 of 13 Page 601 of 737 3/11/2019 06:31 PM housing shortage. If residenthave to move in tourist peak where do they go.....the city should be able to study this idea on past experience as this is not a new and gas existed for years and to what sucess????? jmcalpine 3/12/2019 06:45 PM The impact on the housing market I'm areas near SROs. The impact it has on on residence that live nearby SROs. BTM 3/14/2019 06:26 PM Niagara needs creative ways to support low income earners. This has the potential to be one. Excess regulation and costs could raise the barrier to entry. Tyler Blais 3/14/2019 10:08 PM Recruiter RSanders 3/14/2019 10:55 PM I have had to live in a hotel room a few times cuz the cost of an apartment when u r single or a single parent on OW dont make enough money to even live in a apartment building dollars69 3/15/2019 06:06 PM I suggest that all hotels / motels and houses from Stanley Ave East to the Niagara River , and all reality from Mcleod Rd to Bridge be allowed for SRO plus Air bnb type rentals . Argineoconnor 3/16/2019 11:06 PM I would like to see this happen my obvious concern is unfortunately the crime that comes with it. I'm sorry and don't mean to judge but I've seen and lived it. @thomwarman 3/17/2019 11:23 PM Emergency services concerned about fire safety. Wilma 3/18/2019 05:49 PM There are many people who have no alternative! DonM 3/24/2019 12:03 PM Many of the properties involved certainly aren't attractive to tourists. With proper zoning and building regulations they are great alternatives to affordable living alternatives. In most cases there do not appear to be near any nearby residences. Optional question (18 responses, 52 skipped) Single Room Occupancy Survey : Survey Report for 01 March 2019 to 25 March 2019 Page 13 of 13 Page 602 of 737 L-2019-07 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2019-07 Boarding House Enforcement Our File No. 2019-04 RECOMMENDATION That Council direct Staff to investigate the allegations contained in the complaint received February 5, 2019, with respect to the use of a residential dwelling as a Boarding House. EXECUTIVE SUMMARY The purpose of this Report is to respond to a resident’s recent complaint about Boarding Houses in the City, in particular the use of a single-family home in the complainant’s neighbourhood that is being used to rent rooms for up to 11 tenants. The complainant has requested that Staff consider a by-law through licensing and zoning to regulate such high-density home occupation in residential areas. Boarding Houses are currently prohibited in most residential areas under the City’s Zoning By-law No. 79-200 (the “Zoning By-law”). It is Legal Services’ opinion that addressing this complaint does not require a new by-law to impose regulations on Boarding Houses, but instead calls for potential enforcement of the zoning regulations currently in force. BACKGROUND On February 5, 2019, Council received a complaint, by email, with respect to Boarding House by-laws. A copy of the complaint is attached to this Report. The complaint describes a house in the complainant’s neighbourhood that is being used as a rental property for multiple tenants, which is having an adverse effect on the surrounding neighbourhood. The property that is the focus of the complaint (the “Subject Property”) is described as follows: “…a 5-bedroom house [turned] into an 8-bedroom house for the sole purpose of renting rooms for up to 11 tenants…cramming 6 cars into a driveway at night to avoid overnight parking fines, then parking them on the public street during the day…” The complaint does not specify the address or general location of the Subject Property. Page 603 of 737 2 L-2019-07 April 9, 2019 The complaint implies that multiple parking and police complaints have been made, and a number of property standards disputes have ensued with respect to the Subject Property. The complainant is frustrated that this situation has been allowed to persist for a significant period of time. The complainant is requesting that Council direct Staff to “consider a by-law through licensing and zoning to regulate this form of high-density home occupation in our residential areas.” ANALYSIS/RATIONALE Existing Regulations with Respect to Boarding Houses The Zoning By-law defines Boarding or Rooming Houses as follows: “BOARDING OR ROOMING HOUSE” means a dwelling in which the proprietor supplies for gain lodging with or without meals to three or more persons other than the proprietor but does not include a tourist establishment, hotel, hospital, home for the aged or other establishment otherwise classified or defined in this By-law; From the description in the complaint, the Subject Property may meet the definition of a Boarding or Rooming House. In this case, the property owner has allegedly converted a single family home to an eight bedroom property which is rented to up to 11 tenants. A Boarding or Rooming House is not currently a permitted use in any of the City’s residential zones within the Zoning By-law. There are two exceptions to this restriction:  Exception 19.1.164 permits the use of the existing building on the land on the southerly side of Robinson Street and easterly side of Main Street designated GC and numbered 164 on Sheet C5 of Schedule "A", as amended, for the purpose of a rooming house or Boarding House for the accommodation of not more than 10 persons, exclusive of the owner and his or her family;  Exception 19.1.345 permits the use of the existing building erected on the land on the southerly side of Dunn Street, designated as R4 and numbered 345 on Sheet C5 of Schedule " A", as amended, being used for the purpose of a rooming house or Boarding House for the accommodation of not more than six (6) roomers, each provided with their own bedroom which shall be solely occupied by the roomer, an d not less than 6 individual parking spaces are to be provided and maintained . Page 604 of 737 3 L-2019-07 April 9, 2019 The location of the Subject Property was not disclosed in the complaint. However, unless the Subject Property is one of the properties described in the exceptions above, then it is not a permitted use under the Zoning By-law in the subject residential neighbourhood. The Boarding House Study In April 2017, Council passed an interim control by-law (“ICBL”) to prohibit the establishment of Boarding Houses in the City. This was in response to an application to the Committee of Adjustment for 8004 Lundy’s Lane to add a Boarding House use to an existing motel. The ICBL was passed to allow the issue to be studied and recommendations brought to Council for consideration. The ICBL was extended for one year and is set to expire on April 9, 2019. The focus of the ICBL and the recommendations of the Boarding House Study undertaken by the Consultant retained by Council, MHBC Planning, relate specifically to conversions of motel or hotel uses to Boarding or Rooming Houses . The study does not address the type of use allegedly occurring on the Subject Property. Existing Parking Regulations The complaint notes that up to six cars are parked on the Subject Pro perty driveway overnight. Although some municipalities in Ontario have enacted by-laws that limit the number of cars permitted to be parked on private driveways, the City of Niagara Falls does not currently impose such a restriction. Enforcement of Zoning Regulations The use of a Boarding or Rooming House is not permitted in residential areas within the City. Section 22 of the Zoning By-law provides that every person who contravenes any provision of the by-law is guilty of an offence and upon conviction is liable to a fine of not more than $1,000.00, exclusive of costs. In addition to the enforcement provisions of the Zoning By-law, the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”) provides municipalities with authority to seek a Prohibition Order from the courts. Conclusion and Recommendation The remedy sought by the complainant is for the City to contemplate a by-law to regulate Boarding Houses in the City. With respect to the City’s residential zones, Boarding and Rooming Houses are already illegal and do not require a separate by-law to regulate this illegal use. Page 605 of 737 4 L-2019-07 April 9, 2019 Should Council wish to respond to the complaint, it may direct Staff to investigate the allegations included in the complaint. If it is determined that the use of the Subject Lands is not permitted under the Zoning By-law, Staff may commence enforcement as outlined above. LEGAL IMPLICATIONS If it is determined that a contravention of the Zoning By-law exists, costs would be incurred to prosecute an offence before the Ontario Court of Justice, and further costs would be necessary to seek a Prohibition Order should the use continue. Legal Services is available to assist with any enforcement measures necessary. CITY’S STRATEGIC COMMITMENT The proposed recommendations are in keeping with Council’s commitment to the provision of high quality municipal services, and enhancing quality of life in our community through service excellence, teamwork, and dynamic leadership . As well, the recommendations are consistent with the City’s commitments to a healthy and safe community, economic growth and prosperity, and a vibrant and well-planned City. ATTACHMENT Complaint received February 5, 2019 Recommended by: David Neligan, Solicitor, Aird & Berlis LLP Respectfully submitted: Ken Todd, Chief Administrative Officer Attachment Page 606 of 737 MW-2019-11 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2019-11 Millennium Recreation Trail Section 2 South of Mcleod Road RECOMMENDATIONS 1. That Council receive this report for information. 2. That Council approve the development of Section 2 along the east side of the OPG Power Canal and eliminate the proposed pedestrian bridge crossing. Further, that staff be directed to arrange a public open house for public consultation and input in this regard. 3. That Council approve the revised 2019 Capital Budget Form for the Millennium Recreation Trail Section 2 (attachment 4). EXECUTIVE SUMMARY At the Council Meeting of March 19th, Council requested staff to report back on the 2019 Capital Budget request in the amount of $200,000 for design/consulting costs for the Millennium Trail Section 2. A large portion of the funding request was to cover the engineering design costs for a proposed pedestrian bridge that would span the OPG Hydro Canal. The bridge was originally required pursuant to Council’s approval, at the September 19, 2005 meeting, that Section 2 route along the west side of the power canal. However, recent discussions with OPG staff have revealed that OPG no longer supports the proposed pedestrian bridge crossing due to the increased risk management and liabilities concerns raised (see attachment 2). Therefore staff is recommending that Council approve the routing of Section 2 on the east side of the power canal (refer to attachment 3 for both the original and revised route locations), and that public consolation in this regard be organized by staff in 2019. Staff was also requested to investigate the potential for Design/Build implementation for this project. Though the design/build style of project planning and implementation is used frequently for projects, they become less cost effective when the scope cannot be more explicitly defined in advance. In this case, the revised route and the requirement to consult with both the public and OPG in order to satisfy any concerns make it preferable Page 607 of 737 April 9, 2019 - 2 - MW-2019-11 to have staff plan and design Section 2 prior to tendering. BACKGROUND The Millennium Recreation Trail was initiated in 2000/2001. The trail route follows the OPG power canal through the City from south to north (attachment 1). To date the following sections have been constructed: Section Name Location Year Built Distance (km) Section 1 John McCall MacBain Pathway Mcleod Rd to Lundy’s Lane 2001 2.1 Section 2 Mcleod Rd to Dorchester (south) To Be Constructed 1.1 Section 3 Niagara Falls Lions Legacy Pathway Stanley Ave to Whirpool Rd (NPC) 2014 1.2 Section 4 Paisley Janvary-Pool Pathway Morrison St to Stanley Ave 2011 1.4 Section 5 Drummond Ave to Dorchester Rd Underway (2020) 1.6 Section 6 Canada 150 Pathway Lundy’s Lane to Royal Manor Dr 2016 0.8 The planning and development of Section 5 is currently underway between staff, OPG, and the Region. Section 2 is the last section of the Millennium Trail to be designed and plans finalized. The completion of the Millennium Trail, including the connecting of gap areas, will successfully provide a beautiful trail system connecting the south end of the City to the north end, including linkages to the NPC walkway system. The Millennium Trail has been a mutually beneficial partnership with Ontario Power Genera tion thru the utilization of the power canal corridor lands. ANALYSIS/RATIONALE The revised 2019 Capital budget Sheet identifies $80,000 for the engineering and planning costs for Section 2 (attachment 4). The opportunities for external funding or sponsorship/naming for Section 2 remains an option for future consideration. Page 608 of 737 April 9, 2019 - 3 - MW-2019-11 Design/Planning Process Staff recommends Council approve staff to advance the design/planning process for this project prior to tendering in order to facilitate input from the public; OPG staff; and stakeholders in 2019. Having a completed detailed design for the project, supported and approved, would lead to an efficient and competitive tendering process , when funds for construction are allocated. FINANCIAL AND LEGAL IMPLICATIONS A revised 2019 Capital Budget Sheet has been submitted with this report for the initial design and planning for the project. Not including the bridge consulting portion. CITY’S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council’s Strategic Priorities by ensuring that investments in infrastructure maximize benefits, reduce risk and provide satisfactory levels of service to the public. LIST OF ATTACHMENTS 1. Millennium Recreational Trail Route Map 2. Letter from Ontario Power Generation dated April 4, 2019 3. Council Meeting September 19, 2005 Motion for Phase ‘Section’ 2 (R-2005-29) 4. Revised 2019 Capital Budget Sheet Recommended by: Kent Schachowskoj, Acting Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Jeff Claydon Page 609 of 737 MW-2019-11 – Attachment #1 Location Map Page 610 of 737 .__,_§_.__.a.__._§ _w_m_,_ms§_,_ :5823%;_um22<m$25%;oz:5_.m_$.oaaa.Sm:9 >U1_A.~oHo F2“n_m<n_o: rmsamnmum>_.n::mnn Q?o«z.mom_.m_um__m _<_::_n:um_<<o_._G Q?_._m__.$8ocmm:mqmmn z_mmmE_um__m.02_.Nmmxm Ummw_<__nn_3ao? Wm”_<:__m::E343:.moan:om_<_n_.moa_~omn_ ovasmmno:m_n_m_.maEm88:.“_u3Uomm_Emamumamm?msUlqmmUmnosmnqcnnma moss;2_<_n_.mon_mama.8mum:Smowmvoémwnm:m_mmmBmmsm.8no::_.:._mEm Q?om2_momS_um__m_<=__m::_:3AS:mocm:ozEmmmmnmqzcmzxomEmnm:m_. oum2_mmm_.mOumwmgosmqomm:2mauve:m:m<<umn_mm:._m:38¢o<mwEm_uo<<m_. nm:m_Umnmcmm:nwmmnmmm.82uc_u__nmm_nm~<:mNm_.n_U<u_.o<_n__:mmsmnnmmmno.3 <<:m_,mSm_u:c__nno:_n_9:2SmamzomwocmEmnmwUm_o<<.<<:._m:68mamBmmsm _u<<<_.:n:SmQ5:mmznmsmmmom:..m._._.m___m:n_m\m:n_2_mmm_&O_um_.m:o:mnoca m:n_mm<o:wnoBmsmmmnzm1m_A.:_mo_um..n.comic:Emam__Um_.:mm\:..n_cn::oEm uc_u__n.<<o:_aUmUmmnmm«<mn__u<:m<_:m2.5._.E__QommSmnm:m_o::..mmx?gsm _<_n_.moaxomq_w_.Eom. 15%<0:2:gmouuo2c:_n<nono33m:n. <ocwm.:d_<. \1\\V §§:§§res! nmmmmsqwmvm?mwmos _u_m:.nm<m$3mauve;Zmzmmmq z?omwmO_um_.m:o:m Page 611 of 737 ATTACHMENT 3 REPORT MW 2019- Page 612 of 737 Department CEMETERIES & PARKS Priority (1-3)1 Project Name Millennium Trail Section 2 Development REVISED Included in 10 year y Capital Plan (y/n) Project I.D. #New Project Description Development of a design for the Millennium Trail Section 2 Development. Projected Start Date:Q2 2019 YEAR YEAR YEAR YEAR YEAR 2019 2020 2021 2022 2023 Opening Balance-Jan 01 (surplus)/deficit - - - - EXPENDITURES Engineering Fees/Design/Studies 80,000 Land/Building/Furniture/ Equipment Construction Roads Storm Sewers Water Sanitary Sewers Sitework/Landscaping Contingency Other Interest Expense TOTAL EXPENDITURES 80,000 - - - - FUNDING SOURCES Special Purpose Reserves Capital Holding Reserve Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial/Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES - - - - - Closing Balance-Dec 31 (surplus)/deficit 80,000 - - - - Capital Budget Worksheet 2019 MW-2019-11 Attachment #4 Page 613 of 737 CD-2019-03 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: City Clerk SUBJECT: CD-2019-03 Fee Waiver Applications St. Paul High School & Celebrate Old Downtown RECOMMENDATION That Council approve the Fee Waiver Applications for: 1) St. Paul High School for their annual Food Truck event in the amount of $150.00 for the waiver of any Specific Location Daily Sales business licence. 2) Celebrate Old Downtown’s annual Cruising on the Q car shows taking place on Queen Street in the amount of $6300.00 for the road closure labour and materials costs. EXECUTIVE SUMMARY Niagara Falls City Council adopted the Council Discretionary Spending report on February 12, 2019. This included the Fee Waiver Policy that accompanied the report. Previously, the process for waiving fees was that a user group would send through communication to the Clerk’s office to be placed on the agenda for the considera tion of Council. In same cases, very little information was known about a particular event, including the actual dollar figure that Council was being asked to consider waiving. The City of Niagara Falls is committed to supporting volunteer, community-based organizations in order to maintain a quality of life for its residents. This policy aims to protect the City’s assets, interests, goals, facilities, programs and services while also ensuring that festivals and events grow and prosper, positively impactin g the quality of life of Niagara Falls residents. The financial scope of this policy is limited to the Council approved budgetary amount for the corresponding year. The City of Niagara Falls will waive fees to eligible applicants to help offset the fee(s) that would have been charged by the City related to the delivery or presentation of a festival or event. Examples of City fees that can be waived include, but are not limited to: Page 614 of 737 2 CD-2019-03 April 9, 2019  Park permit fees  Rental of City Property  Road Closure Fees  Staffing costs outside normal operations Eligible groups must be not-for-profit organizations which demonstrate a degree of community support and representation including, but not limited to:  Registered charities  Arts and culture organizations  Athletic and social clubs  Service clubs  Neighbourhood groups and organizations,  School associations BACKGROUND A review of the attached completed Fee Waiver Application from Saint Paul High School shows that the request is for the waiver of fees for business licensing of up to 3 Food Trucks for the schools Spirit Week activity. The costs of the licences normally obtained from the Clerks Office would total $150.00. A review of the application depicts that the organization is a not-for-profit group (High School), which is in keeping with the intent of the policy. The Event Description details the following:  The Food Trucks are described as an activity held during Spirit Week at the school. Students from “Feeder” schools in the City will also be invited to attend.  The event will promote a sense of community within the school.  No other funding is being sought for this fee waiver.  The event is wheelchair accessable. A review of the attached completed Fee Waiver Application from Celebrate Old Downtown shows that the request is for Road Closures, which would entail the waiving of labour and material costs estimated by Transportation Services staff to be in the amount of $6300.00 (approximately $300/event x 21 events). A review of the application depicts that the organization is a not-for-profit incorporated group, which is in keeping with the intent of the policy. Page 615 of 737 3 CD-2019-03 April 9, 2019 The Event Description details the following:  The free Car Shows are held to build community in the Downtown area on a weekly basis.  The Car Shows attract many participants and on-lookers who also then dine and enjoy all that the businesses have to offer.  The fee waiver allows the Crusin’ on the Q organizers to purchase prizes which draw people to attend the events each week.  In-kind donations and sponsorships, as well as community volunteers assist with the events.  The hosting of the events on Queen Street ensures accessibility as it is on public property, provides full accessibility and is on a transit route. FINANCIAL IMPLICATIONS/BUDGET IMPACT If approved, the $6450.00 fee waivers would be withdrawn from the $40,000.00 set aside in the 2019 operating budget. LIST OF ATTACHMENTS Appendix 1 – Fee Waiver Application Forms (completed) Recommended by: Bill Matson, City Clerk Respectfully submitted: Ken Todd, Chief Administrative Officer Page 616 of 737 mam<<.a<£>u_o__om:o:_uo«3 Elm n.>1....5.» 22%2.m<§nmmi_umE_moon$8.3 Oxmmiummozzmamuwmzi_UmC_ I O?mzmummos>nE_.mmm“wmwb<<:JQ®_.3m_.mToma 92”Z.m@m_.m_nm__m_uom.a_9%"ru.,_m<m 02.3232>30mmom255%ammosm? 25$z:3cm_.Em<mx®Om©mNw\_\_N_u:o:mz:3_om1m<m:.:mmw m_3m=um_qo.mmom©:oQm_o.oo3swam? Jxum9.O?mzmummosu Hzo.Eno7E.o§Soo?o?noz?n o§3%_mO?mammnozmmmmm?mzoz«mu. 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OcmmmosmwmemzszoEmoo__mo.n_o:.cmmmugq_mo_omSm9.E_mvm_.mo:m__3o3.m:o:3m<cmEwm?ma.8EmO:< O_m«_A.m..___<_m:mo:_m:c3m:mo:@:_mmmB_..m__m.om w<oo3n_m=:oE_mmcuzommos62:.<0:oozmmi8Emoo__mo.H_o:magEmo_omSm9.<9:cm«mo:m__1oE,_m:_o:. ma.8:mcmmc<Em9.29“z_mmm$.um__m.mmQmmozcmamuo<m. vmmma0.“a Page 624 of 737 mm<m::mBEamncmm?B3mnEm_~03mn.E0_ muozmoazumwboo$.08B8 moo.mwbwwmime m_>$.80mmboo «Sm.mmboommuww$.80 mxnmamm~05Sncmm?~03mnEm_~05mnEm_ m3m18.:3m:.?mwmoomvwoo$.80 EweBboommmm$8 _<_m1Am::mmama?bmomime E113Qm<m_003m3$8 303010:38SiamE8 mmn0m:E0:\>Em_&m$8mroou3.80 ._.o:._mmboowmmwwmmbwo Page 625 of 737 CAO-2019-06 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO-2019-06 Appointment of Integrity Commissioner RECOMMENDATION That ADR Chambers (Mr. Edward McDermott) be appointed, effectively upon ratification, to act as the Integrity Commissioner for the City of Niagara Falls. BACKGROUND Pursuant to Section 223 of the Municipal Act, the Council of the City of Niagara Falls shall appoint an Integrity Commissioner who is responsible for performing the following duties: 1. The application of the code of conduct for members of council and the code of conduct of members of local boards. 2. 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. 3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards. 4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member. 5. 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, as the case may be, governing the ethical behavior of 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 municip ality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 2017, c. 10, Sched.1, s.19 (1). Page 626 of 737 2 CAO-2019-06 April 9, 2019 In December, 2018 Council appointed Janet Leiper to serve as Integrity Commissioner for the City of Niagara Falls until December 31, 2019. Ms. Leiper has recently informed the City that she can no longer serve as the City’s Integrity Commissioner due to the fact that she has recently been appointed to the Superior Court of Justice. In 2017 the Region undertook a RFP for the services of an Integrity Commissioner. The RFP allowed for any of the area municipalities within the Niagara Region to “piggyback” on the process. The successful firm and lawyer was ADR Chambers (Edward McDermott). Mr. McDermott is an investigator, mediator and arbitrator with ADRC. He has over 35 years of negotiation, mediation, arbitration and legal experience. Mr. McDermott retired as a senior partner of the law firm Osler, Hoskin and Harcourt LLP, where he built an active labour and employment law practice from 1974 to 2009. As part of his Ombuds and Integrity Commission work, Mr. McDermott has conducted numerous mediations, investigations and workplace restoration projects in both the private and public sectors and has been instrumental in helping to resolve many of these disputes. Mr. McDermott is a member of the discipline hearings panel of the Investment Industry Regulatory Organization of Canada (“IIROC”) with responsibility for adjudication on compliants filed against members of the investment industry. Mr. McDermott was the Deputy Integrity Commissioner for the OIC for the City of Brampton and for the provision of Integrity Commissioner services and municipal Ombuds services. He has represented several municipalities, including the City of Toronto for 25 years; the Regional Municipality of Durham; and the Regional Municipality of York. Mr. McDermott also serves as part-time Vice Chair of the Ontario Labour Relations Board. Mr. McDermott received his B.A. from the University of Toronto in 1964, and L.L.B from Osgoode Hall in 1967. He was called to the Bar in 1969, and was then appointed to and served as law clerk to the Chief Justice of the High Court for the Supreme Court of Ontario. Mr. McDermott has consistently been named as one of Canada’s top 500 lawyers in Lexpert/American Lawyer Media Guide to the Leading 500 Lawyers in Canada, and a leading labour lawyer in Canada in many other publications. As of this date the following municipalities in Niagara have engaged Mr. McDermott as their Integrity Commissioner. •Niagara Region •Port Colborne • Fort Erie •Niagara-on-the-Lake •Pelham •Wainfleet FINANCIAL/STAFFING/LEGAL IMPLICATIONS Page 627 of 737 3 CAO-2019-06 April 9, 2019 Adequate provisions for Integrity Commissioner Investigations have been provided for in the Legal Services Department budget. The rates for services provided are similar to those charged by Janet Leiper in her role as Integrity Commissioner. Respectfully submitted: Ken Todd, Chief Administrative Officer Attachments: Regional Municipality of Niagara 2017-RFP-15 ADR Chambers 17 April 2017 Page 628 of 737 ADR CHAMBERS Page 629 of 737 Page 630 of 737 Page 631 of 737 EN NIEDIATORS ‘ARBITRATORS ADR The Regional Municipality of Niagara Position of Integrity Commissioner (Q.Med.),Quali?ed Arbitrator (Q.Arb.),and as a Certi?ed Coach Practitioner (C.C.P.). °Deborah Anschell is a mediator,arbitrator,and investigator with ADRC.She serves as an investigator for the ADRBO,and is the Lead Investigator for the OIC for the City of Waterloo.She has 20 years of litigation experience,both in private practice and as corporate counsel.She is also a Deputy Judge of the Ontario Small Claims Court.Ms.Anschell earned her LL.B.at the University of Toronto in 1982, and her LL.M.in ADR at Osgoode Hall Law School in 1998. °Marshall Schnapp is an arbitrator,mediator,and investigator with ADRC.He formerly served as an investigator with the College of Nurses of Ontario.He is the Ombudsman for the ADRBO and for our Municipal Ombuds Services,previously having served as an investigator for these programs.Mr.Schnapp is also an investigator for ADRC’s OIC.Prior to joining ADRC,Mr.Schnapp established a con?ict management practice.Mr.Schnapp earned his law degree and Master of Laws in Alternative Dispute Resolution at Osgoode Hall Law School. Copies of our Proposed Associates’biographies are attached to this proposal at Schedule C. 1.uali?cations and Ex erience —Investi ative Ex erience Exam le #1 Of?ce of the Inte ri Commissioner Mr.McDermott’s previous experience in ADRC’s OIC demonstrates his impartiality and neutrality,his con?dentiality in managing sensitive inquiries;his expertise with investigative techniques and procedures and in gathering of evidence and its legal interpretation;and his adjudicative skills. Exam le #2 Munici al Ombuds Services Mr.McDermott is one of the senior investigators for ADRC’s Municipal Ombuds Services.His involvement in our municipal Ombuds investigations demonstrates his impartiality,neutrality,and ability to maintain con?dentiality in managing sensitive inquiries.In addition,his involvement demonstrates his expertise with investigative techniques and procedures and in the gathering of evidence and its legal interpretation. Exam le #3 —ADR Chambers Bankin Ombuds Of?ce Investi ations Due to his involvement in the ADRBO,Mr.McDer1nott has extensive experience with conducting investigations and other similar sensitive inquiries,and he has extensive expertise with investigative techniques and procedures. Page 632 of 737 at {1}}, A D R The Regional Municipality of Niagara C H A N.B E R 5 Position of Integrity CommissionerNIEDIATORS3ARBITRATORS Exam le #4 —Work lace Investi ations for Government Clients Mr.McDermott has been retained by various provincial (Ontario)ministries and City of Toronto agencies to undertake workplace investigations and restoration projects,where con?icts between workplace parties have had deleterious impacts on the work units’ abilities to function at optimum levels.While the details of such retainers are con?dential,it has been necessary to:investigate all of the issues at play;interview various employees at all levels;attempt to mediate and resolve some or all of the issues; and ultimately prepare reports with appropriate recommendations to assist the parties in restoring healthy and vibrant workplaces.These investigations have required Mr. McDermott to remain impartial and neutral and to maintain con?dentiality in managing sensitive inquiries.In addition,this work has allowed Mr.McDermott to grow his expertise with investigative techniques and procedures and in the gathering of evidence and its interpretation. Exam le #5 —La er in Private Practice As a former practicing lawyer,Mr.McDermott has extensive expertise with investigatory procedures and applicable legal principles,particularly as they relate to evidence and legal interpretation.Mr.McDermott is also accustomed to maintaining con?dentiality due to solicitor-client privilege. Exam le #6 Mediator and Arbitrator for Private Dis utes Mr.McDermott has proven impartiality and neutrality as he has over 35 years of mediation and arbitration experience.His work as a mediator requires him to maintain con?dentiality,and his work as an arbitrator provides him with extensive adjudicative skills and experience. In addition,Mr.McDer1nott is a member of the discipline hearings panel of the Investment Industry Regulatory Organization of Canada (“IIROC”)with responsibili tyforadjudicationoncomplaints?led against members of the investment industry 2a.uali?cations and Ex erience -General Munici al Knowled e Exam le #1 —Of?ce of the Inte ri Commissioner Mr.McDermott has been involved in ADRC’s OIC operations since 2011.He served as the Deputy Integrity Commissioner for the City of Brampton from 2012 to 2014.In this role,Mr.McDermott conducted investigations,reviewed investigation reports,and became familiar with the role of a municipal integrity commissioner,in addition to furthering his familiarity with the practices,procedures,methods and mandates found within a municipal government. Page 633 of 737 NIEDIATOR5 -AREITRATORS Page 634 of 737 WY Page 635 of 737 Page 636 of 737 Page 637 of 737 A Chm K Du cu ( 5 u\. P ?ck OR mbcrs 0 Q . > 1 0 n r\M‘~\\Qcnd ~+*‘-New ”(Erom—o ON H63 l"Z.Lo two)32;;~85‘Ss” '—WQ\39';——3352:’; WW .gag dnqmbocs cam /><\\c1?$’\‘v"V*' FQS\°k.a’\'t (‘-\\©301-0001 (vcu¢\?;c>7~co\\ OAKO..’\(if.CUK APPENDIX B —FORM OF TENDER APPENDIX B —FORM OF PROPOSAL 1.Proponent Information Please fill out the following form,and name one person to be the contact for the RFP process and for any clarifications or communication that might be necessary. Full Legal Name of Proponent: Any Other Relevant Name under Which the Proponent Carries on Business: Street Address: City,Province/State: Postal Code: Phone Number: Fax Number: Company Website (If Any): Proponent Contact Person and Title: Proponent Contact Phone: Proponent Contact Facsimile: Proponent Contact E-mail: 2.Offer The proponent has carefully examined the RFP documents and has a clear and comprehensive knowledge of the Deliverables required under the RFP.By submitting a proposal,the proponent agrees and consents to the terms,conditions and provisions of the RFP,including the Contract Terms and Conditions and offers to provide the Deliverables in accordance therewith at the rates set out in the Pricing Form (Appendix C). 3.Rates The proponent has submitted its rates in accordance with the instructions in the RFP and in the Pricing Form set out in Appendix C. 4.No Prohibited Conduct The proponent declares that it has not engaged in any conduct prohibited by this RFP 5.Conflict of Interest The proponent has considered the definition of “Conflict of lnterest”in Section 3.4 of the RFP and declares that there is no Conflict of Interest relating to the preparation of its proposal,and no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the RFP. 6.Disclosure of Information The proponent hereby agrees that any information provided in this proposal,even if it is identified as being supplied in confidence,may be disclosed where required by law or if required by order of 2017-RFP—15 Page 19 of 45 Page 638 of 737 Page 639 of 737 1-’.PV Page 640 of 737 MDDWARDT.(TED)c ERMOTT Edward T.McDermott is a mediator,arbitrator and investigator with ADR Chambers. Ted has over 35 years of negotiation,mediation and arbitration experience and has represented numerous clients before arbitrators,administrative tribunals and all levels of the courts in a variety of matters.He has particular expertise in all aspects of labour and employment law and has participated in approximately 2,000 cases involving wrongful dismissals,collective bargaining negotiations, human rights proceedings,employment law,labour relations,and workplace restoration issues. He has conducted numerous investigations involving complaints by both customers and employees for major financial institutions and other private and public companies and he has been instrumental in helping to resolve a significant number of these disputes.Ted is a member of the discipline hearings panel of IIROC with responsibility for adjudication on complaints filed against members of the investment industry.He served as Deputy Integrity Commissioner as part of ADR Chambers’Office of the Integrity Commissioner for the City of Brampton,and is involved as an investigator and senior advisor for ADR Chambers’Municipal Ombuds Services and Of?ce of the Integrity Commissioner. Ted received his B.A.from the University of Toronto in 1964 and his LL.B.from Osgoode Hall in 1967.He was called to the Bar in 1969 and was then appointed to and served as law clerk to the Chief Iusticeof the High Court for the Supreme Court of Ontario,following which he commenced private practice as a partner with the firms of White,Bristol,Beck and subsequently Paulin,McDermott.He then joined Osler LLP where he was a senior partner and head of the firrn’s Employment and Labour Department.He has consistently been named as one of Canada's top 500 lawyers in Lexpert/AmericanLawyer Media Guide to the Leadin g500LawyersinCanadaandaleadinglabourlawyerinCanadainmany other publications. Ted was a past Chair of the Labour Section of the Canadian Bar Association, Ontario and National Branches.He has also served,on a volunteer basis,as the Chair of the Board of Directors of Holy Trinity School,a member of the Executive Board of the Conference of Independent Schools,and President of the York Downs Golf 8:Country Club. Page 641 of 737 D We RS Page 642 of 737 Page 643 of 737 Page 644 of 737 Page 645 of 737 BDD-2019-02 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Business Development SUBJECT: BDD-2019-02 Support for all Wine and Beer Made in Ontario as Part of Modernizing Alcohol Sales RECOMMENDATION A letter be sent to the Provincial Government and area MPPs requesting the Provincial Government include in its retail channel regulation specific policies that support and expand growth of all wine and beer made in Ontario including wine made from 100% Ontario Grapes, VQA and International Canadian Blends (ICB). BACKGROUND The Government of Ontario announced plans to modernize alcohol sales by expanding the sale of beer and wine to corner stores, grocery stores and big-box stores, based on market demand. The goal is to improve consumer choice and convenience, provide more opportunities for private sector business, and ensure safe and healthy communities. Niagara is a major contributor to Ontario’s alcoholic beverage processing industry with over 500 grape growing families, 97 wineries, 12 breweries, and 5 distilleries calling this region home. In fact, it is the largest grape growing region in Canada. This decision presents a significant opportunity for Niagara’s municipalities to grow jobs and investment by increasing customer access to products produced in this region and the province. The proposed changes to the retail model need to support the local Ontario industry for continued economic impact to our communities and our province. In Niagara, this industry supports 3,643 direct and indirect jobs with an economic impact of $1.8 billion to Niagara and Ontario’s economy. Arterra Wines Canada in Niagara Falls is currently the largest producer of wine in the Niagara Region. Consultation with Arterra confirms Niagara Falls commitment to support all wine and beer made in Ontario as part of the modernization plan including wine from 100% Ontario grapes, VQA and International Canadian Blends (ICB). Page 646 of 737 2 BDD-2019-02 April 9, 2019 This policy will support the growth of Niagara and Ontario’s wine and craft beer industry, its beverage related tourism, and its local economic development. CITY’S STRATEGIC COMMITMENT Strengthen and promote economic development within the City of Niagara Falls. Recommended by: Serge Felicetti, Director of Business Development Respectfully submitted: Ken Todd, Chief Administrative Officer Page 647 of 737 MW-2019-10 April 9th, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2019-10 Assumption of Edgewood Estates Subdivision RECOMMENDATION That City Council formally assume Edgewood Estates Subdivision. EXECUTIVE SUMMARY Final assumption of the subdivision referenced herein is recommended on the basis that the developer has fulfilled their obligations under the Subdivider’s Agreement. Subdivision Registration Plan Edgewood Estates Subdivision 59M-366 Upon final assumption, all remaining securities shall be released to the Subdivider and the City shall assume responsibility for the operation and maintenance of the municipal infrastructure within the subdivision. BACKGROUND Subdivider Agreements are entered into between the developer of a new subdivision and the City to ensure that the requirements of the City and external agencies are satisfied and that securities are provided where necessary. The Agreements outline the developer’s obligations to ensure that municipal infrastructure is constructed in accordance with the approved engineering drawings and in compliance with applicable standards. Prescribed maintenance periods are defined to ensure that construction deficiencies are identified and remedied prior to the City assumption. Final assumption defines that date when remaining securities are released to the Subdivider and all maintenance and operation responsibilities of the municipal infrastructure within the subdivision is assumed by the City. ANALYSIS/RATIONALE The developer has fulfilled the obligations as described within the Subdivider Agreement and as such the following subdivision is recommended for Final Assumption: File Subdivision Registration Plan 2006-339 Edgewood Estates Subdivision 59M-366 The municipal infrastructure within this subdivision has been inspected and deemed to have been constructed in accordance with the approved engineering drawings and in compliance with applicable standards. The required construction maintenance periods have expired. Page 648 of 737 MW-2019-10 April 9th, 2019 New Municipal Infrastructure (Assets) Through the assumption of the noted subdivision, the City will assume direct responsibility for the operation and maintenance of the municipal infrastructure summarized below. Total Length of Municipal Asset (m) Subdivision Roads Sidewalks Storm Sewer Sanitary Sewer Watermain Edgewood Estates Subdivision 2859 3518 2600 2444 2859 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Following the formal assumption of the subdivision as described herein, all remaining securities shall be released to the developer. Operations staff will be advised of the subdivision assumption and circulated infrastructure details for maintenance purposes. CITY’S STRATEGIC COMMITMENT Implementation of these works meets the intent of Council’s Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Site Plans – Edgewood Estates Subdivision Recommended by: Kent Schachowskoj, Acting Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Sherri-Marie Millar, P.Eng. Page 649 of 737 MW -2019-10 Attachment 1 – Site Plan Edgewood Estates Subdivision 59M-366 Edgewood Estates Subdivision Page 650 of 737 R&C-2019-06 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2019-06 Sports Wall of Fame Committee Membership RECOMMENDATION That Council approve the following new member to the Niagara Falls Sports Wall of Fame Committee:  Dr. William Leskiw EXECUTIVE SUMMARY The Sports Wall of Fame Committee is looking to add one or two new members to the Committee to complete the membership and to continue the Committee’s objective. The Committee annually hosts the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a special honour that recognizes the significant athletic achievements and contributions of those in our community who have brought fame to our City. BACKGROUND The original Sports Wall of Fame Committee was appointed by the Mayor and City Council. The SWOF Constitution, Attachment 1 states City Council is to approve new appointments to the committee. The Sports Wall of Fame Committee has honoured more than 300 inductees over the past 30 years, and more than 300 people attend the event each year at the Gale Centre where the Sports Wall of Fame is located. The committee is a dedicated group of people and they are pleased to volunteer their time to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to our beautiful City. Page 651 of 737 2 R&C-2019-06 April 9, 2019 ANALYSIS/RATIONALE It is of the utmost importance that there be continuation of the aims and desires of the Sports Wall of Fame. The Membership of the Committee will strive to include interested representatives from the following areas: • Niagara Falls Recreation Committee • Local organized sports group • Brock University or Niagara College • Local school board • Previous Sports Wall of Fame inductees • Community representatives with an athletic background • 1 Staff member – Community Development Coordinator An advertisement for new members was placed in the Niagara Falls Review and on the City’s web site. Upon reviewing the applications staff recommends Dr. Leskiw join the SWOF committee. Dr. Leskiw is involved with local sport organizations and is a previous Sports Wall of Fame inductee. He has participated and volunteered with various sport organizations. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial implications. CITY’S STRATEGIC COMMITMENT The City’s Strategic Priorities include committing to building and promoting a vibrant, sustainable city that supports an active, connected, and creative community. ATTACHMENT 1. SWOF Constitution Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 652 of 737 Niagara Falls Sports Wall of Fame Constitution OBJECTIVE To honour and perpetuate the names and deeds of those individuals and teams whose athletic abilities have brought fame to themselves and Niagara Falls, and of those individuals whose knowledge, interest in, and work for sport has resulted in a climate which benefited athletes and athletics. CATEGORIES Induction into the Niagara Falls Sports Wall of Fame is restricted to Niaga ra Falls athletes and builders of sport. Athletes, Teams, Builders and Sponsors must be nominated in order to be considered for induction. a) Athletes - Open Category Athletes to be considered for admission to the Sports Wall of Fame must have been outstanding in their athletic field of endeavour, or must have achieved better than average proficiency in a number of sports, even if not reaching the absolute top level in any one, in competition against peer athletes. This involves those competing on a strictly local level and those going on to district, provincial, national and international events, as well as those who enter professional sports. Any athlete nominated to the Niagara Falls Sports Wall of Fame must have been retired from active participation in the sport(s) for which he/she is nominated for a period of not less than three years (dating from the end of the season of the sports(s) for which he/she has been nominated). An active athlete may be eligible for nomination if she/he has reached the age of fifty years. In the case of automatic nominees, these restrictions do not apply, as determined by the constitution. b) Teams "Teams" shall be eligible for recognition and shall be judged on merit and residency by the Era Committee. Recommendation shall be made by various Era Committees as per each nomination. A "team" for Wall of Fame purposes is defined as "any group of two or more athletes engaged in the same sport who work together as a unit in that sport". The team may be made up of members of the same sex or the sexes may be intermixed, providing the majority of the team were Niagara Falls residents and have reached the age of 14 years, at the time of their accomplishment. Any high school team must have won a minimum Ontario Federation of School Athletics Association (O.F.S.A.A.) championship to Page 653 of 737 2 be considered and the accomplishment must be of significance for the school . Significance is defined as having extreme importance for the school. A figure skating pair, tennis doubles, curling team, cross country running team, etc. are defined as teams for our purposes. A boxer and his manager do not constitute a team. c) Builders Builders are defined as officials (referees, umpires), individual sponsors, executive members, trainers, coaches, etc., whose work for sport over an extended period of time has been outstanding, whether it be in the organization of leagues and facilities, achieving a high degree of success in coaching teams and/or individuals, keeping a league or team active, providing services at a consistently high level over an extended period of time, etc. However, just because an individual has worked many years for a sport as a builder does not necessarily mean eligibility for the Sports Wall of Fame. His/her work over that period of time, or over most of it, must have been of a consistently high level with regard to services provided or results achieved. d) Sponsors The Sponsor Award is presented to a business, corporation or group in recognition of a minimum of five years significant contribution to sports in the City of Niagara Falls. Nominees are judged on merit by each era committee with no automatic induction. DEFINITIONS: Niagara Falls Athlete For purposes of the Niagara Falls Sports Wall of Fame, a Niagara Falls athlete shall be: a) Anyone born in Niagara Falls who spends his/her formative years here and continues to reside in the City. b) Anyone who is not born here, but who comes to this City and resides for 15 years or more, proves his/her worth in an athletic sense in Niagara Falls. Said athlete may be considered even if he/she eventually moves away from this City. c) Anyone in a) or b) who, after a local amateur career, moves into professional, university or amateur sports elsewhere and who is deemed worthy of inclusion. Page 654 of 737 3 Niagara Falls Builder For purposes of the Niagara Falls Sports Wall of Fame, a Niagara Falls Builder shall be as above in Sections a), b), and c). The definition of Builder shall include all above sections - involving coaching, officiating, sponsoring, management/executive, training, even if not involved in an active, on the field role. Number of Inductees The total number of annual inductees to the Sports Wall of Fame shall be a maximum of nine (9) inductees including automatic inductees. The Two Eras shall be: (1) Pre 1990; (2) 1991 - Present AUTOMATIC SELECTION: The following are eligible for automatic selection to the Sports Wall of Fame: a) Any Niagara Falls athlete or team who wins an Olympic or Paralympic medal (gold, silver, bronze). b) Any Niagara Falls athlete or team who finishes first, second or third in any international championship sanctioned by the I.A.F. (International Athletic Federation) and/or is considered acceptable by the Sports Wall of Fame Committee. c) Any Niagara Falls athlete who wins a Canadian championship in a non-team discipline, in an unrestricted age category, and sanctioned by a governing body affiliated with Sport Canada and/or is considered authentic by the Sports Wall of Fame Committee. d) Any Niagara Falls team who wins a Canadian Championship or Ontario Championship (during 1900 to 1950 only) sanctioned by a governing body affiliated with Sport Canada and is considered authentic by the Sports Wall of Fame Committee. Athletes and teams must be nominated to be considered. VALIDATION: a) The Niagara Falls athlete, team or builder must have been a resident of this City at the time of his/her feat to be considered qualified for "Automatic Selection". Page 655 of 737 4 An athlete who performs his/her feat while temporarily outsid e of Niagara Falls is considered to still be a resident of Niagara Falls, providing his/her "home" residence is still this City. b) Provided the above and other restrictions are met, the Sports Wall of Fame Committee shall vote as to whether the credentials, research, etc., presented are factual proof of the feat. Approval must be made by at least 3/4 or 75% of the quorum of the Committee. If research is disputed and a 75% vote is not received, the same athlete/feat may be presented at a later meeting with more definitive information to support the nomination. c) If the nomination is for a deceased person, each case is to be decided by the Era Committee, on the merits of the person involved. d) Exceptions considered will be at the discretion of the Committee. AWARDS: Commemoration on the Sports Wall of Fame shall take place as follows: a) For each inductee (athlete, team or builder) a plaque with a photograph will be displayed on the Sports Wall of Fame. A condensed biography of individuals and teams awarded recognition will be placed on the plaques. b) Each athlete or builder inductee to the Sports Wall of Fame will receive a keeper plaque. c) The team photo and team member names shall be inscribed on a Sports Wall of Fame plaque. Team member names may be listed at the discretion of the Sports Wall of Fame Committee. Each team member will receive a Wall of Fame certificate. d) Sponsors will be recognized by the addition of a brass plate, engraved with the sponsor's name, to a special Sponsors Award Plaque and each sponsor will be given a framed certificate. THE SPORTS WALL OF FAME ORGANIZATION (established in 1988) a) Sports Wall of Fame Committee Page 656 of 737 5 The Niagara Falls Sports Wall of Fame Committee shall consist of an Honorary Chairperson (present Mayor or alternate Council Member), Recreation Committee Chairperson (or alternate), Recreation & Culture staff member (1 non-voting) and 10-12 Niagara Falls volunteer members. b) Membership The original Sports Wall of Fame Committee was appointed by the Mayor an d City Council. It is of the utmost importance that there be continuation of the aims and desires of the Wall. The Membership of the Committee will strive to include interested representatives from the following areas:  Niagara Falls Recreation Committee  Local organized sports group  Brock University or Niagara College  Local school board  Previous Sports Wall of Fame inductees  Community representatives with an athletic background  1 Staff member – Community Development Coordinator Council to approve new appointments to the Committee c) Funding Funding for the Sports Wall of Fame is provided by City Council on a yearly basis. d) Committee Chairperson The Chairperson of the Sports Wall of Fame Committee shall be appointed by the Sports Wall of Fame Committee at the first meeting of the calendar year. Announcements regarding the Sports Wall of Fame are made by the Honorary Chairperson as presented to him/her by the Committee Chairperson and announced at City Council. In the absence of the Chairperson, any Era Chairperson may fill in for the Committee Chairperson and assume all responsibilities for the Committee Chair in his/her absence. e) Recreation and Culture Staff The City’s Recreation & Culture liaison will act as Secretary to the Committee, providing professional and administrative support. Page 657 of 737 6 f) Era Committees There are two (2) Era Committees. The Sports Wall of Fame Committee members will be divided into two (2) Era Committees of approximately five (5) members each, one of whom will be chairperson of each Era Committee. Each Era Committee shall handle a particular time period as follows: Committee No. 1 – Review and consider selections from time period Pre 1990. Committee No. 2 – Review and consider selections from time period 1991 - Present. Each Era Committee shall set down its' own ground rules for discussion and name their Era Chairperson. The Committees will discuss and present the chosen inductees from their respective time periods following the criteria laid down in this constitution. PATH TO INDUCTION ONTO NIAGARA FALLS SPORTS WALL OF FAME a) Nominations Nominations are made by the general public. The nominations are sent to the Recreation and Culture office, along with supporting evidence. The staff turns over all letters and documentation to the appropriate Era Committee for discussion. Nominations must be made in writing and must contain the most comprehensive data possible concerning the record and merits of each candidate. The chairperson of any era may request further investigation of any candidate being considered for election to the Wall of Fame. There will be a deadline for nominations each year. In addition, any member of the Sports Wall of Fame Committee may make nominations, but any such nomination shall be handled as if coming from the general public, and must be submitted by the deadline date. If the nomination does not meet the aforementioned criteria, then the nomination will be returned to the nominator. b) Committees Era Committees shall meet as required to discuss nominations and will judge each nomination by the documentation and guidelines set down elsewhere in this constitution. Page 658 of 737 7 c) Approval Nominations approved by the above method shall be forwarded, along with the appropriate documentation to the Sports Wall of Fame Committee for approval. The Chairperson of each Era Committee shall propose the name(s) his/her Committee has forwarded. After discussion and explanation of documentation, a vote may be taken on the nominee. Each nominee is handled separately. Recommended inductees will be forwarded to Council in a report for final approval. d) Nomination Form Nominations shall be filed by the Era committees on a form designed and provided for that purpose (a copy attached to this constitution). The said form shall be properly and completely filled out and shall include all pertinent information on the nominee. Recreation and Culture staff shall have the right to return the form to the nominator if the form is incomplete and not detailed enough so a fair assessment can be made. e) Meetings General meetings will be held at the call of the Chair, and will include all members and Lifetime members. Any Constitutional changes must be presented at a meeting and voted upon by Committee members at the next meeting. Page 659 of 737 Cattell Drive, west of Lamont Avenue Cattell Drive, east of Lamont Avenue TS-2019-04 Cattell Drive Speed Control Review All Way Stop Speed Hump Page 660 of 737 TS-2018-10 Mewburn Road Speed Cushions Speed Control Review Page 661 of 737 TS-2019-04 Speed Cushion Mount Carmel Boulevard Speed Control Review Raised Pedestrian Crossover Mt Carmel Park Page 662 of 737 TS-2019-04 Pettit Avenue Speed Control Review Speed Cushion Page 663 of 737 TS-2019-08 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2019-08 Accessible Parking By-law Update RECOMMENDATIONS 1. That the updated Accessible Parking By-law be approved; 2. That the existing regulations prescribed in Accessible Parking By-law 94-262 as amended by By-law 2002-175 remain in effect for existing accessible parking spaces; and, 3. That the City discontinue using the parking standards in the Facility Accessible Design Standards (FADS) document. EXECUTIVE SUMMARY The updated Accessible Parking By-law will increase the minimum number of accessible parking spaces and includes a provision for an access aisle on each side of the parking space. The updated standards will apply for all new developments and sites under redevelopment subject to site plan control. The updated bylaw is supported by the Mayor’s Accessibility Advisory Committee. BACKGROUND Ontario’s aging population is driving the need for more accessible parking. Statistics Canada and Government of Ontario data projects a 4% increase in the number of accessible parking permit holders by 2025. Minimum province-wide standards that have recently been established will meet the needs of a diverse and growing population of accessible permit holders. The City’s current Accessible Parking By-law came into effect in 1994 and was amended in 2002. The by-law establishes the minimum number of accessible parking spaces that must be provided based on the capacity of the public area of the parking lot, minimum space dimensions, requirement to have signs permanently posted in the front and centre of the stall, and pavement markings when located on a hard surface. Page 664 of 737 2 TS-2019-08 April 9, 2019 The City adopted the Facility Accessible Design Standards (FADS) in 2007 and these regulations have been applied to all municipal facilities, including but not limited to City Hall, the MacBain Centre, and municipal parking lots. ANALYSIS/RATIONALE The Ontario Government enacted Ontario Regulation 413/12 made under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) which prescribes minimum standards for the number of accessible parking spaces that must be provided based on the capacity of the public parking lot, minimum space dimensions for two different types of accessible parking stalls, and access aisles. The table below summarizes the differences between the City’s existing accessible parking by-laws and Ontario Regulation 413/12: Accessible Parking By-laws 1994-262 and 2002-175 Ontario Regulation 413/12 Types of Accessible Parking Spaces 1 type; Spaces must be a minimum 3.9 metres wide and is for use by all drivers/passengers with a permit 2 types; Type A – minimum 3.4 metres wide and signage identifying “Van Accessible” Type B – minimum 2.4 metres wide Access aisles No requirement Minimum 1.5 metres on each side; Two spaces can share an access aisle Minimum number of accessible parking spaces 0-49 = 0 50-99 = 1 100-199 = 2 200-499 = 5 500-999 = 10 1000+ = 10 + 5 for every 1,000 spaces or part thereof 0-12 = 1 13-100 = 4% 101-200 = 1+3% 201-1000 = 2+2% 1000+ = 11+1% All values are rounded up and an even number of Type A and Type B spaces must be provided. In case there is an odd number, an additional Type B space can be provided. Signage In accordance with section 11 of Regulation 581 of the Revised Regulations of Ontario, 1990 and a tab identifying “$300.00 Fine” In accordance with section 11 of Regulation 581 of the Revised Regulations of Ontario, 1990 and “Van Accessible” signs for Type A spaces Page 665 of 737 3 TS-2019-08 April 9, 2019 The change results in a greater number of accessible parking spaces as summarized in the following examples: Parking Lot Capacity Accessible Parking By- laws 1994-262 and 2002- 175 Ontario Regulation 413/12 Increase 30 0 2 2 75 1 3 2 150 2 5 3 350 5 9 4 650 10 15 5 1250 15 24 9 If the property has multiple lots, calculations are based on the total number of parking spaces within each singular lot as opposed to the aggregate total across a number of lots. This will help to maximize the total number of accessible parking spaces provided. The updated regulations will be required for all new developments and re -developed sites that are subject to site plan control. For properties being redeveloped, the Ontario Regulations provides an exemption to the required minimum number of parking spaces for the use of persons with disabilities where the developer can demonstrate that it is impracticable or cost-prohibitive to comply with the requirement due to existing physical or site constraints. In addition, the owner/operator would be exempt from providing additional accessible parking spaces with aisle ways if complying with the new standards reduces the total number of parking spaces below the minimum zoning requirement. Properties with existing accessible parking spaces will not be subject to the updated regulations. Re-painting existing lines does not trigger the requirement to comply with the updated standards. Accessible parking spaces will not be required for parking lots not intended for public use, such as private lots that valet staff use to store vehicles off-site and employee parking lots, or for parking lots not intended to provide access for people with disabilities where multiple suitable lots exist of the same site. In addition, accessible parking spaces are not required for off-street parking facilities that are used exclusively for one of the following: 1. Parking for buses; 2. Parking for delivery vehicles; 3. Parking for law enforcement vehicles; 4. Parking for medical transportation vehicles (ambulances); and, 5. Parking used for impounded vehicles. For site planning, a barrier free curb will be required at the end of each access aisle, to enable persons to access a raised sidewalk. The by-law will still require that accessible parking spaces be located as close as possible to accessible building entrances and Page 666 of 737 4 TS-2019-08 April 9, 2019 exits. For sites with multiples points of entry to a building such as a shopping centre, or sites with multiples buildings, accessible parking spaces shall be distributed throughout the site, in close proximity to entrances and exits. The Mayor’s Accessibility Advisory Committee was consulted as part of this review and the Committee supported Staff’s recommendations subject to all accessible parking spaces remaining at 3.9 metres in width. Therefore, the updated by-law was drafted to maintain the 3.9 metre width of all accessible parking spaces. To that end, signage identifying “Van Accessible” is redundant and is not required. All accessible parking spaces will continue to require a designated accessible parking permit sign and the $300.00 Fine tab sign as they currently do. City Staff will implement the new standards for municipally owned properties that undergo new construction or redevelopment. The parking standards in the Facility Accessible Design Standards (FADS) document that the City uses will be discontinued. In terms of enforcement, Staff will amend the wording in Section 8 of the By-law to identify that the person with the accessible parking permit is required to exit their vehicle to attend the building or facility for which the accessible space is provided. This is meant to avoid someone that possesses a accessible parking permit from using a accessible parking space and simply waiting inside the vehicle for someone that does not have a permit to complete an errand, for example. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial, staffing or legal implications with updating the accessible parking by-law. 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 667 of 737 mommccrm.>. m_mzmumo__u_o>:ozm Zo_um:E:©m<_.:co_Hwr>oxrmimm.__u.__rmomzo.>z_umomomm M03mmu_»m_u_..>ZZC_.>_Nw>z_u em03mmomm_n_.._z+m_»o_o4om<mamoxm <<I_._.mmmmrm>oxoxocz_u U_mmEmQm<38_Uw_.cm_»m_u_..m>oxmmocz_u <<I_._.m_»m_u_..m<_<_wo_.>20womcmm / C 3_um_~_<__._. oz_.< ao?mv2: 38.8_n_:m 3°19o3 Page 668 of 737 TS-2019-10 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Transportation Services SUBJECT: TS-2019-10 Canadian Corps of Commissionaires Contract Renewal RECOMMENDATION 1) That Council approve the extension for a one (1) year contract with an option to renew yearly, to a maximum of two (2) additional years with the Canadian Corps of Commissionaires (Hamilton) for the supply of Parking Control Services and Building Security Services; and; 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The Commissionaires have provided staffing for Parking Control Services and building security for the City of Niagara Falls for the past 18 years. The Parking Control officers are essential to maintaining the proper flow of traffic, regulating parking bylaws and responding to public concerns over residential parking violations. Scheduling of officer shifts and areas of enforcement will be adjusted to stay within the budgeted amount for enforcement staffing resources. Staff recommends the renewal for a one (1) year contract with an option to renew yearly, to a maximum of two (2) additional years with the Canadian Corps of Commissionaires. This will allow staff an opportunity to review industry best practices and to identify if other providers or service delivery models are available. Proposed increases align with bill rates in similar municipalities such as St. Catharines, Hamilton and Burlington who also use the Canadians Corps of Commissionaires for parking and security services. Staff will be including a provision in the contract to modify the terms and/or terminate the agreement with ninety days (90) of written notice to account for any unforeseen events, such as the results of the pending governance review. Page 669 of 737 2 TS-2019-10 April 9, 2019 BACKGROUND In 2000, the Request for Proposal process was initiated, whereby; the Canadian Corps of Commissionaires was the successful bidder. Council approved a three -year contract with the Hamilton Office of the Corps. During the last few years, Council approved one year to three-year extensions of this agreement with minor changes to account for city needs and changing technology. ANALYSIS/RATIONALE The Canadian Corps of Commissionaires provides a service that is essential to maintaining the proper flow of traffic, regulating parking bylaws and responding to public concerns over residential parking violations, and maintaining safety zones for the City of Niagara Falls. A review of local municipalities identified that larger municipalities , such as St. Catharines, utilize the Canadian Corps of Commissionaires to provide all parking enforcement services; smaller municipalities, such as Niagara-on-the-Lake, use in- house staff for parking enforcement, as only two to five enforcement officers are required in these smaller communities. At this time, Staff are not aware of any other alternative service providers. Staff recommends the renewal of the contract for a one (1) year with an option to renew yearly, to a maximum of two (2) additional years with the Canadian Corps of Commissionaires. This will allow staff an opportunity to review industry best practices and to identify if other providers or service delivery models are available. Furthermore, Staff will be including a provision in the contract to modify the terms and/or terminate the agreement with ninety days (90) of written notice to account for any unforeseen events, such as the results of the pending governance review. Historically, the Canadian Corps Commissionaires have maintained lower administrative fees for the City of Niagara Falls. The proposed increases detailed in Attachment #1 align with bill rates (pay and administrative rates) in similar municipalities such as St. Catharines, Hamilton and Burlington who also use the Canadians Corps of Commissionaires for parking and security services. FINANCIAL IMPLICATIONS Costs associated with this contract renewal have been included in the 2019 General Purpose Budget. Page 670 of 737 3 TS-2019-10 April 9, 2019 LEGAL IMPLICATIONS Canadian Corps of Commissionaires issue parking infractions based on Municipal and Regional parking bylaws and defend such issuance in Administrative Monetary Penalty Hearings and Ontario Provincial Court when contested by the recipient of the infraction. CITY’S STRATEGIC COMMITMENT This initiative is in line with Council’s Strategic Priorities, of maintaining parking operations as a self-sustaining user pay philosophy which is independent of tax support. Attachments: Attachment #1 - Commissionaire rate Schedule “A” and Schedule “B” Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer PB Page 671 of 737 m2§____m._<_:_.:n:um__um_.E:mno::6_mm«<mnmm.PduommnE:xmnmm BS83~95~95tqouommm vwoucmmnvnouommmvuouommav..o_uommn__:n_,mmmm F2was>n_3:._K.>..__3.:53E:3.8X. Noam_um< E3 vom?os53n_mmmEnm:o: <<m3.m:Homxm.mmmam:3.8Swmu398wwmwxmonom~.n..~oNmmx O<m33mmwmmpBmmowwmwxmumsmw?mo m.$.E8.\<Io_Em<<<o1Amn_m?hmm?mowwmwxmamamambo m8.E.82Io_Em<22<<o1Amnm?wmu$98.u.~.m.§mmpom~m.~o mmnmmmimmmamqxm?mwwmmx O<m33mwwwmox. m$E.noJ\Io_Em<<<o_._Amumwmmnx. 93382Io_Em<23<<o18aBmmx m<_mEo$...£mmmimwxm?mwemmx o<m_.:3mm?mmx. m.nm.E.8_.<Io=n_m<$2.3wH.mma\o mSE.3..<Io:Qm<22<<2_§_.wemmx mn:mn_:_m._m_.._<_..=:n€m_3:53933.mmnsnmm.vqouommmE:xm?mm vA_.an.m..Q?nmmo:v«.jo%_..%mmNoam~95Noam___‘..n..u.«...w.mm%mom.6:mmmum._u>91:R>51:mamE:mam_...m<.389° m...9::<noo2::m.no..mmm:_m«xma?wooBrmmxmbhm?mqmPoox 92Im__o<m33mmmwmowemmoxam??$98 m.B.E.8_\<Io_Em<<<o_._Amnmwsmomemo:W53M38 3:502Io_Em<22<<2_8mmwmbow?mmnx.mmrummpmum mmn..::<mmm:_m..xm?m.?.o,§ Q.n<Im__O<m1:3m8.0%. wage?Iom<52.3..wurow? m$.E.8..<Io_am<23<<o28nmeow: Page 672 of 737 PBD-2019-25 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-25 Demolition Charge Fee Waiver By-law 2017-62 Area RECOMMENDATION That Council amend the fee by-law to waive the demolition permit fee for vacant and/or buildings in poor condition for a period of 18 months, as outlined in this report. BACKGROUND Between 2014 and 2016 Council considered a series of staff reports dealing with the deteriorated condition of a number of dwelling units on Tourist Commercial lands within the core area. Ultimately, Council passed Zoning By-law No. 2017-62 which covers multiple areas with numerous houses which are no longer occupied or are in poor condition. The by-law provides an incentive whereby owners who demolish houses and replace them with grass are zoned Deferred Tourist Commercial (DTC) and are assessed as vacant residential for tax purposes. As a result of this by-law, a number of properties have taken advantage of this program and removed non-conforming houses. Despite some movement, there are still a number of dwellings which are vacant or in poor condition. By-law 2017-62 will expire in June of this year. To allow further participation, it is proposed that staff bring a report back to Council to extend this pe riod for a further period of 18 months. It is also proposed that as encouragement for owners, to participate in the removal of vacant buildings or those in poor condition, that the Demolition Permit fee be waived for the same 18 month period. Staff have also noted that there are a number of buildings in other commercial areas of the City which are vacant or in poor condition. To serve as an incentive to clean-up these properties, it is proposed that the waiving of demolition permit fees be extended to these areas for a period of 18 months, on a trial basis. Owners who wish to participate in this incentive, would still be required to apply for and obtain the necessary approvals from the Building Division. This would allow staff to conduct the necessary inspections. A site deposit would still be required to ensure the site is properly graded after demolition and any damage to public property would be repaired. Page 673 of 737 2 PBD-2019-25 April 9, 2019 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The demolition fee is a flat $150 for the first 275 sq. metres (2,960 sq. ft.) of floor area which would apply to the buildings in question. There are approximately 24 houses in the area affected by the by-law. If all the owners took advantage of this waiver the cost in lost revenue would be approximately $3,750. There would be a slight increase in this cost if other owners took advantage of the incentive. LIST OF ATTACHMENTS  Appendix 1 – Schedule 1 of By-law 2017-62 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Herlovitch:gd Attach. S:\PDR\2019\PBD-2019-25, Demolition Charge Fee Waiver.docx Page 674 of 737 3 PBD-2019-25 April 9, 2019 APPENDIX 1 Page 675 of 737 1 Bill Matson From:Carey Campbell Sent:Tuesday, March 26, 2019 11:01 AM To:Bill Matson Cc:Livia McEachern; Alex Herlovitch; Ken Todd Subject:FW: Barrier Drummond Rd Canal Overpass . Bill: Please see letter to mayor and council, below. carey From: Cathy S <cathys94@hotmail.ca> Sent: Monday, March 25, 2019 4:09 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: Barrier Drummond Rd Canal Overpass . Mayor Jim & City Council Appealing to each of you to initiate an action plan with Regional Niagara to construct barrier along this bridge / overpass of the hydro canal. Lost two very close friends in two months on this bridge. One like a brother to me rescued by our firefighters only to jump in the same spot this time succeeding in ending his life. The second person a young lady on Saturday evening, ending her life. This is not a new issue being brought forward, it is my hope in appealing to your compassionate hearts as leaders in our community to make this happen. Let’s not keep talking about it, simply engage a plan of action. If cost of a barrier is the issue, then tell me the cost and I’ll stand there and collect donations or create a fundraising initiative to make this happen. Mental illness, breaking points , emotional state of being for which we often are times powerless to reverse for our loved ones of hopelessness. Seen first hand and experienced my own personal trauma to feel like one cannot go on or forward , thankfully gods grace has lifted me to a position where healing has taking place able to advocate for others., please help. Cathy Slee 6320 Valley Way Unit #601 – L2E 1Y5 905-246-2673 Sent from Mail for Windows 10 Page 676 of 737 Zonta Club of Niagara Falls, Canada c/o 4461 Petit Ave. | Niagara Falls | Ontario | Canada | 289.241.3422 www.zontaniagarafalls.ca | zontaclubnf@gmail.com Mr. Bill Matson Acting City Clerk/Manager of Clerks Services City of Niagara Falls 4310 Queen Street Niagara Falls, ON. L2E 6X5 Dear Mr. Matson, The Zonta Club of Niagara Falls, Canada is celebrating the centennial anniversary of Zonta International on May 23, 2019. A custom-made flag has been commissioned to commemorate 100 years of service and advocacy for women and this flag will travel from club to club throughout 2019. It will be in Niagara Falls, Canada from May 23rd to 30th and the Zonta Club of Niagara Falls wishes to request a flag raising ceremony at the City of Niagara Falls on Thursday, May 23, 2019 at 1:00pm. Zonta International is a worldwide organization that has empowered women and girls through service and advocacy for 100 years. It was founded in 1919 in Buffalo, New York. Through continuous engagement over almost 10 decades, Zonta International has become a respected and reliable agent of civil society. Zonta International is a non-governmental organization with general consultative status with the Economic and Social Council of the United Nations. Zonta International promotes and strives to protect the human rights of all women and girls and reduce the incidences of violence against them. Since 1923, Zonta has provided more than US$40.9 million to empower women and expand their access to education, health care, economic opportunities and safe living conditions. Zonta’s nearly 1,200 clubs support local and regional initiatives in 63 countries worldwide. The Zonta Club of Niagara Falls has been active in the community since 1967 and has supported numerous local agencies and initiatives benefitting women in Niagara Falls including; Women’s Place of South Niagara, YWCA Niagara Region, Victim Services Niagara, Habitat for Humanity Niagara Women Build, Family and Children’s Services, Project Share, W.A.R.M. and many more. Thank you for your consideration of this request. Sincerely, Nicki Inch President Zonta Club of Niagara Falls Page 677 of 737 Page 678 of 737 Q4 (October 1 to December 31, 2018) NRH 4-2019 19-178-4.3. Feb. 15, 2019 Page 1 of 11 HIGHLIGHTS: Page 679 of 737 Q4 (October 1 to December 31, 2018) NRH 4-2019 19-178-4.3. Feb. 15, 2019 Page 2 of 11 As the administrator of social housing for Niagara Region, Niagara Regional Housing (NRH) works to fulfill our vision and mission through six main areas of responsibility: 1. Public Housing (NRH Owned Units) 2. Non-Profit Housing Programs 3. Rent Supplement Program 4. Affordable Housing Program 5. Service Manager Responsibilities 6. Housing Access Centre and Centralized Waiting List 1 DAY-TO-DAY MAINTENANCE: In Q4, 3,203 work orders were issued, representing $1,036,642.12. $69,018.54 of this amount was charged back to tenants who were held responsible for damages. 2017-Q4 2018-Q1 2018-Q2 2018-Q3 2018-Q4 # of work orders issued 2,993 2,566 2,768 3,216 3,203 VISION That the Niagara community will provide affordable, accessible and quality housing for all residents MISSION To expand opportunities that make affordable housing an integral part of building healthy and sustainable communities in Niagara 1. Public Housing (NRH Owned Units) Page 680 of 737 Q4 (October 1 to December 31, 2018) NRH 4-2019 19-178-4.3. Feb. 15, 2019 Page 3 of 11 CAPITAL PROGRAM: The Capital Program is responsible for maintaining the Public Housing (NRH Owned Units) asset and planning for future sustainability. In Q4, 35 contract orders were issued, 15 public tenders closed and purchase orders issued $2,919,719.64. The Capital Program was responsible for 39 capital projects valued at $2,500,000 and nine SHAIP funded Capital projects valued at $1,168,000 including:  Parking lot replacement – one project  Installation of Heat Control System – eight projects  Roof replacement – one project  Designated Substance Survey – one project  Bathroom renovations – one project  Foundation repairs – one project  Investigation of basements – nine projects  Balcony door replacement - one project  Design and tender for Domestic Hot Water replacements - three projects As of December 31, 2018, $6,400,000 of the $7,000,000 budgeted (excluding emergency) has been committed and/or actually spent (91%). As of December 31, 2018, $1,922,182 of the available $2,537,580 Social Housing Apartment Improvement Program (SHAIP) funding was committed and/or actually spent (76%). TENANT MOVE OUTS: Move Outs By Reason Health 4 NRH Transfer 13 Long Term Care Facility 8 Moved to Coop or Non-Profit 1 Deceased 10 Bought a House 1 Private Rental 10 Left Without Notice 3 Voluntarily Left Under Notice 3 Other/None Given 9 Eviction – Tribunal 3 Cease to Qualify 0 TOTAL 65 In Q4, there were 65 move outs. Three involved eviction orders granted under the Ontario Landlord Tenant Board (LTB) – Arrears (two), Disruptive Behavior (one). One of the evictions was enforced by the Sherriff. 2017-Q4 2018-Q1 2018-Q2 2018-Q3 2018-Q4 # of move outs 81 67 83 89 65 Page 681 of 737 Q4 (October 1 to December 31, 2018) NRH 4-2019 19-178-4.3. Feb. 15, 2019 Page 4 of 11 ARREARS: Dec 31, 2017 Mar 31, 2018 Jun 30, 2018 Sept 30, 2018 Dec 31, 2018 Rent charges for the month $1,150,372.27 $1,167,751.69 $1,136,607.00 $1,165,765.00 $1,187,770.00 Accumulated rent arrears $49,045.27 $48,660.91 $35,055.56 $23,378.86 $24,135.76 Arrears % 4.26% 4.17% 3.08% 2.01% 2.03% INSURANCE: In Q4, there was one claim settled and one property damage claim expected to exceed the $25,000 deductible. COMMUNITY RESOURCES AND PARTNERSHIPS: In Q4, we had partnerships with 46 community agencies across Niagara. As a result of these partnerships, more than 200 support and enrichment activities were offered to tenants at NRH sites. Each partnership contributes to tenant lives and, in turn, the success of the Public Housing community as a whole:  In October of 2018, NRH began a year-long partnership with McMaster University in seven NRH senior communities. The Cardiovascular Health Awareness Program (CHAP) provides on-site blood pressure and diabetes risk assessments to participating seniors. Based on these assessments, volunteers provide health presentations, educational resources and referrals. The study is designed to determine if CHAP services help to improve the health of older adults and lead to fewer emergency and hospital visits. Also during Q4, NRH Community Programs Coordinators (CPCs) offered support to 254 new referrals of tenants in need of assistance. Of those new referrals, 56% were considered medium-high need. In particular, there were more requests for help with arrears. There was also a continued increase in the number of tenants needing help with clutter and bed bugs. Page 682 of 737 Q4 (October 1 to December 31, 2018) NRH 4-2019 19-178-4.3. Feb. 15, 2019 Page 5 of 11 2 As administrator of social housing for Niagara Region, NRH provides legislative oversight for 61 Non-Profit Housing Programs (non-profit and co-operative). Operational Reviews are conducted to determine the overall health of each. 2017-Q4 2018-Q1 2018-Q2 2018-Q3 2018-Q4 Healthy 43 41 41 41 40 Routine Monitoring 18 18 18 18 17 Intensive Monitoring 1 1 1 1 2 Pre-PID (Project in Difficulty) 1 1 1 1 1 PID (Project in Difficulty) 1 1 1 1 1 TOTAL 64 62 62 62 61 NRH Housing Programs staff continue to work with Federal Housing Providers as they move toward End of Operating Agreements (EOA). On December 31, 2018, the Operating Agreement with Fairview Seniors in St. Catharines expired; a Rent Supplement agreement was successfully negotiated to preserve 14 Rent-Geared-to-Income units. 3 In Q4, there were 1,370 Rent Supplement/Housing Allowance units across Niagara. In the Rent Supplement program, tenants pay 30% of their gross monthly income directly to the private landlord and NRH subsidizes the difference up to the market rent for the unit. The Housing Allowance program is a short term program that provides a set allowance to help applicants on the wait list. 2017-Q4 2018-Q1 2018-Q2 2018-Q3 2018-Q4 Fort Erie 26 27 28 28 28 Grimsby 26 26 26 26 26 Lincoln (Beamsville) 2 13 12 12 11 Niagara Falls 219 228 229 230 230 Niagara-on-the-Lake - - - - - Pelham 24 23 23 22 21 Port Colborne 47 51 53 51 53 St. Catharines 600 657 700 719 732 Thorold 29 32 37 54 53 Welland 199 202 201 197 201 West Lincoln 14 14 15 15 15 TOTAL 1,186 1,273 1,324 1,354 1,370 2. Non-Profit Housing Programs 3. Rent Supplement Program Page 683 of 737 Q4 (October 1 to December 31, 2018) NRH 4-2019 19-178-4.3. Feb. 15, 2019 Page 6 of 11 Variances in the number of Rent Supplement/Housing Allowance units reflects the general management of the program and required take-up/deletion of units due to End of Operating Agreements (EOA), move out of tenants, and/or new units/landlords. Totals will be increasing in the future as some Non-Profit Housing Programs transition into a Rent Supplement agreement upon expiry of their operating agreement. It is unknown which areas will be affected. NIAGARA RENOVATES PROGRAM: The Niagara Renovates program provides assistance to low-to-moderate income homeowners for home repairs, accessibility modifications and the creation of secondary suites in single family homes. NRH received $500,000 through the Investment in Affordable Housing - Extension (IAH-E) program for homeowner and secondary suite repairs and $626,300 for multi-unit repairs, totaling $1,006,300 for the 2018/2019 period. Niagara Renovates inspections for 2018-2019 funding are complete. Inspections included all areas inside and outside of the home to ensure compliance with program guidelines. Issues were identified and a detailed Inspection Report was provided to the homeowner. 46 homeowners will receive funding during this period. HOMEOWNERSHIP PROGRAM – “WELCOME HOME NIAGARA”: The Homeownership program assists low-to-moderate income rental households to purchase their first home by providing a down payment loan. In Q4, 19 homeowners received assistance through Welcome Home Niagara. Two of these were NRH tenants. 2017-Q4 2018-Q1 2018-Q2 2018-Q3 2018-Q4 # of homeowners assisted 13 5 9 14 19 HOUSING FIRST PROGRAM: The Housing First program helps people move quickly from homelessness to their own home by providing supports to help difficult to house individuals find and keep housing. In Q4, 27 individuals/families were housed through the Housing First program. Since 2012, Housing First has helped 371 individuals/families. 2017- Q4 2018- Q1 2018- Q2 2018- Q3 2018- Q4 # of individuals/families housed 22 17 14 9 27 # of Housing First units (at quarter end) 148 165 170 178 184 4. Affordable Housing Program Page 684 of 737 Q4 (October 1 to December 31, 2018) NRH 4-2019 19-178-4.3. Feb. 15, 2019 Page 7 of 11 RENTAL HOUSING (NEW DEVELOPMENT): NRH New Development Carlton Street, St. Catharines Amount Units Investment in Affordable Housing-Extension (IAH-E), Year 3 $5,806,000 45 Investment in Affordable Housing-Extension (IAH-E), Year 4 $2,888,000 23 Social Infrastructure Fund (SIF), Year 1 $2,387,817 17 Roach Avenue, Welland Social Infrastructure Fund (SIF), Year 3 $1,200,000 8 TOTAL $12,281,817 93 At the end of Q4: Carlton Street  Envelope work – EIFS (Exterior Insulation and Finish Systems) is complete with some minor deficiencies. Caulking is 98% complete. Flashing of roof parapet is incomplete.  Civil work – sidewalks poured, asphalt base coat complete  Landscaping – postponed until spring 2019, topsoil installation 80% complete  1st floor – boarding in progress - 60% complete, framing, boarding, taping and sanding to continue  2nd floor – apartments - painting of rooms 95% complete, millwork progressing in a stop start fashion due to manufacturing delays at the plant, flooring 90% complete, wall tiles installation on going, electrical devices - 80% complete, plumbing fixture installation ongoing  3rd floor – apartments - painting, flooring 95% complete, plumbing fixtures installation on going. Not ready for deficiency inspection.  4th floor – apartments - painting 95% complete, flooring complete, handicap washroom floor tiles complete, wall tile installation 90% complete, millwork 90% complete, no further progress in the hallways. Finishing trades 90% complete. Not ready for deficiency inspection.  5th floor – apartments - painting generally complete, millwork 95% complete, door installation complete, plumbing and electrical fixtures complete, first coat of paint applied in hallways, T bar ceiling 90% complete, hallway floors incomplete  Drywall crew – a critical trade that needs continued monitoring. Sufficient human resources is the key to achieving schedule goals.  Elevator installation progressing, 80% complete  Commissioning of mechanical system started, cleaning and flushing of lines has started  Project expected to be complete in March 2019 Roach Avenue  Revised final permit drawings issued December 14, 2018  Foundation work – basement walls poured, footings on north side being excavated Page 685 of 737 Q4 (October 1 to December 31, 2018) NRH 4-2019 19-178-4.3. Feb. 15, 2019 Page 8 of 11  1st floor – core slab delivered and installed December 14, 2018  Water proofing of basement walls commencing in December  Project approximately one month behind schedule Additional New Development Investment in Affordable Housing-Extension (IAH-E), Year 2 funding has been allocated to three non-profit organizations and will result in the creation of 40 units for seniors and mental health consumers in Niagara: Amount Units Gateway Residences of Niagara, Huron Street, Niagara Falls $720,000 9 Thorold Municipal Non-Profit, Ormond Street, Thorold $1,228,912 14 Stamford Kiwanis, Barker Street, Niagara Falls $1,089,088 17 TOTAL $3,038,000 40 At the end of Q4:  Gateway Residence of Niagara and Thorold Municipal Non-Profit – complete and operational  Stamford Kiwanis – approximately 60% complete. Financing has been approved. Construction to resume in 2019. Occupancy and substantial completion expected summer 2019. 5 APPEALS: In Q4, 12 appeals were heard (three more than in 2017-Q4).  Eight related to ongoing RGI eligibility o Six for failure to provide information  One where Committee allowed extra time to remove commercial vehicles, and prove they are not getting income from child's business and that child is living at different address. OVERTURNED.  One where Committee allowed extra time to provide completed self- employment verification forms for most current three months and proof of having applied for income from Ontario Works. OVERTURNED.  Four related to undeclared change-illegal occupant(s). Two UPHELD; two OVERTURNED. o One where tenant owed former arrears. Committee allowed extra time to enter into repayment agreements and provide current income information. OVERTURNED. o One related to review of Rent-Geared-to-Income eligibility and confirmation that rent was calculated correctly. NO DECISION REQUIRED. 5. Service Manager Responsibilities Page 686 of 737 Q4 (October 1 to December 31, 2018) NRH 4-2019 19-178-4.3. Feb. 15, 2019 Page 9 of 11  Four for decisions made by Housing Access (one for Special Priority status and three for Urgent status). All UPHELD. 2017-Q4 2018-Q1 2018-Q2 2018-Q3 2018-Q4 # of appeals 9 19 9 15 12 INVESTMENTS: See Appendix A – Investment Report 6 APPLICATION ACTIVITY: # of Applications Received & Processed 567 # of Eligible Applications 538 # of Special Provincial Priority Status Applications 86 # of Ineligible Applications 29 # of Urgent Status Applications 104 # of Cancelled Applications 436 # of Homeless Status Applications 163 # of Applicants Housed 120 In Q4, 436 households were removed from the Centralized Waiting List because they were no longer eligible, they found alternate housing or we were unable to make contact. 6. Housing Access Centre & Centralized Waiting List Page 687 of 737 Q4 (October 1 to December 31, 2018) NRH 4-2019 19-178-4.3. Feb. 15, 2019 Page 10 of 11 CENTRALIZED WAITING LIST: 2017- Q4 2018- Q1 2018- Q2 2018- Q3 2018- Q4 # of households A Rent-Geared-to-Income (RGI) waiting list: Niagara resident RGI waiting list 4,344 4,287 4,562 4,642 4,616 Applicants from outside of Niagara 657 639 692 758 761 TOTAL RGI waiting list: 5,001 4,926 5,254 5,400 5,377 Housing Allowance: a set allowance to help applicants on the waiting list with affordability in the private market until housed in an RGI unit 505 569 605 618 639 A1 RGI waiting list demographics: Seniors 2,061 2,064 2,173 2,236 2.218 Adults no dependents 1,703 1,630 1,727 1,764 1.761 Adults with dependents 1,237 1,232 1,354 1,400 1.398 A2 RGI list further segmented (#’s included in A & A1): SPP – Special Provincial Priority (Ministry Priority): helps victims of violence separate permanently from their abuser 101 122 129 129 131 URG – Urgent (Local Priority): for applicants with mobility barriers and/or extreme hardship where their current accommodation puts them at extreme risk and/or causes hardship 99 104 120 123 116 HML – Homeless (Local Priority): provides increased opportunity for placement to homeless households 832 842 894 947 954 SUP – Supportive/Transitional: provides targeted, provisional services to assist individuals to transition beyond basic needs to more permanent housing 19 17 17 13 13 B In addition, NRH manages: Overhoused: households who are living in subsidized accommodation with more bedrooms than they are eligible for 143 152 167 171 168 Transfer: households who are currently living in subsidized accommodation and have requested a transfer to another provider 513 518 525 547 535 TOTAL RGI households on waiting list managed by NRH: 5,657 5,596 5,946 6,118 6,080 C NRH maintains a waiting list for market rent units (62 Non-Profit Housing Programs): Market: applicants who have applied for a market rent unit in the Non-Profit Housing Programs portfolio 591 578 597 629 647 TOTAL households on waiting list managed by NRH: 6,248 6,174 6,543 6,747 6.727 TOTAL individuals on waiting list managed by NRH: 10,449 10,380 11,052 11,496 11.488 Note: the above chart includes only those who apply to the Centralized Waiting List and does not capture the full number of those in need of affordable housing in Niagara. Page 688 of 737 Q4 (October 1 to December 31, 2018) NRH 4-2019 19-178-4.3. Feb. 15, 2019 Page 11 of 11 ESTIMATED WAIT TIMES: CITY SENIORS Age 55 and older SINGLES Age 16-54 HOUSEHOLDS WITH DEPENDENTS Bachelor 1 Bed Bachelor 1 Bed 2 Bed 3 Bed 4 Bed 5 Bed Y E A R S Fort Erie - 9 2 8.5 2 1 5 - Grimsby - 4 - - - - - - Lincoln - 4.5 - 12 9 8 - - Niagara Falls 4 6 - 16 5 3 7 14 Niagara-on-the-Lake - 6.5 - - - - - - Pelham - 3.5 - - - - - - Port Colborne - 4.5 - 13 3 3 3 - St. Catharines - 6.5 9 13 3.5 3 9 12 Thorold - 6.5 - 10 6 8 - - Welland - 5 6 15 5 2.5 7 2 West Lincoln - 4 - - 5.5 7 - - - no units of this size available in this community January 2018 Please note:  wait time information can fluctuate and is an approximation only  wait times may not reflect the actual time one may wait for affordable housing Page 689 of 737 This Quarter BalanceLast Quarter BalanceVariance $ Variance %CommentsCurrent Bank Account:Royal Bank account used for day-to-day operations for the owned units. Also to cash flow various short terms programs funded by Prov and Fed gov't usch as development, homeownership and capital repair programs.$6,693,118.16 14,961,182.38 (8,268,064.22) -55.26%Since the February 2016 transition to PeopleSoft, day-to-day accounts payable transactions are paid by the Region through PeopleSoft. Reconciliation of the due to the Region account will be performed on a regular basis to transfer amounts due to the Region. Investment Bank Account:Used to hold funds "In Trust" for designated Housing Providers for capital work.Interest earned at a rate of RBC Prime minus 1.70% on balances in bank and investment accounts.A CMHA: Reserves held for CMHA Units.4,592.36 4,592.36 - 0.00%B Ganawageh Capital Fund: 97,971.49 97,971.49 - 0.00%Withdrawals are made in accordance with approved procedures. Current quarter interest.C Due (From) Current Account277,719.84 275,734.45 1,985.39 0.72%Total Investment Bank Accounts380,283.69 378,298.30 1,985.39 0.52%Quarterly Report on Cash / Investments / Reserves for Period Ending December 31, 2018BANK ACCOUNTS1 of 2Page 690 of 737 This Quarter BalanceLast Quarter BalanceVariance $ Variance %CommentsQuarterly Report on Cash / Investments / Reserves for Period Ending December 31, 2018Current Instruments: RBC Investment Savings = $4,437,374.761 PASS THROUGH FEDERAL/PROVINCIAL PROGRAM FUNDING A AHP - New Development65,375.90 65,375.90 - 0.00%2 ADMINISTRATION FUNDINGB Affordable Housing Prog & Housing Allowance Prog- - - 0.00%C IAH - Admin Fee1,090,167.09 199,517.61 890,649.48 446.40%3 RECONCILIATIOND Due (From)Current Account5,160,310.63 6,024,337.39 (864,026.76) -14.34%Due to current accountTotal6,315,853.62 6,289,230.90 26,622.72 0.42%2 Year GIC, $264,280; due date is 08/21/2020; interest rate of 2.53%INVESTMENT VEHICLES - FUND ACCOUNTINGVarious investment vehicles are used to protect and optimize the cash that is held for specified purposes. Investments are both short-term and long-term in nature. These funds are intended to ensure continued growth without capital erosion by inflation.2 Year GIC, $521,565; due date is 05/16/2019; interest rate of 1.26% to 1.63%2 Year GIC, $497,000; due date is 08/15/2019; interest rate of 1.45% to 2.25%.2 Year GIC, $188,000; due date is 08/17/2020; interest rate of 2.65% to 2.74%2 Year GIC, $376,000; due date is 08/20/2020; interest rate of 2.60% to 2.65%2 of 2Page 691 of 737 Q4 Report on Reserves as at December December 31, 2018DescriptionBalances atDecember 31, 2017Year-to-dateNet Transfersfrom (to) OperatingYear-to-dateCapital TransfersBalance atDecember 31, 2018NRH Owned Units Public/Local Housing Corp: 4,327,035$ 389,782$ (596,001)$ 4,120,816$ Niagara Regional Housing: Emergency Capital Funding for Housing Providers1,924,871 1,924,871 Title Normalization for NRH Owned Units712,381 712,381 New Initiatives, other social housing purposes and any new deposits areadded to this category4,513,047 - (1,110,000) 3,403,047 Niagara Regional Housing TOTAL: 7,150,299 - (1,110,000) 6,040,299 Total NRH Capital Reserves11,477,334$ 389,782$ (1,706,001)$ 10,161,115$ NRH Rent Supplement: 302,301$ (24,000)$ 278,301 Total NRH Stabilization Reserves 302,301$ (24,000)$ -$ 278,301$ NRH Employee Future Benefits:792,733$ -$ -$ 792,733 Total Future Liability Reserves 792,733$ -$ -$ 792,733$ Total 12,572,368$ 365,782$ (1,706,001)$ 11,232,149$ * 2018 Budget amountsInterest no longer applied by approval of Regional Council (CSD 02-2013).503 NRH Owned Units Public/Local Housing Corp: This reserve was set-up by the Board of Directors as a Reserve Fund in September 2004 for capital expenses relatedto the NRH owned units. 502 Niagara Regional Housing This reserve includes three major elements: (1) Emergency Capital Funding for Housing Providers - intent to support capital repair program for housing providers; surplus from housing programs should be directed to this component of the reserve (2) Title Normalization for NRH Owned Units (3) New Initiatives / New Development - $2.29M is restricted to future development/intensification in Niagara Falls (see 2017 Year-End Transfer) - expected to cover $810k - 100% costs related to 2019 NF capital project; remainder unrestricted; Potential acquisition / intensification effort identified by NRH SMT utilizing Provincial SIF funds currently utilizes $275k of unrestricted balanceNRH Rent Supplement: This fund was set-up by the Board of Directors in December 2008 (year end) for a new Rent Supplement program. This Rent Supplement programis budgeted annually and withdrawal from the Reserve matches that year's expenditures.NRH Employee Future Benefits: This fund was set-up by the Board of Directors in 2011 to fund Employee Future Benefits. (retiree benefits, sick leave, vacation. etc.).Page 692 of 737 Dear Niagara Falls Council: I am writing to request the Council consider the issue of sidewalk snow clearing in Niagara Falls. I was surprised to learn there is no by-law in place for residents to clear their sidewalks in Niagara Falls; the expectation that residents will clear their sidewalks out of courtesy is dangerous to all residents and completely unfair to residents that require mobility aids (not to mention parents with children in strollers). Yesterday, I suffered my 6th fall on our sidewalks this winter while attempting to walk my dogs. Fortunately, I am in good health with no mobility issues, but one of my elderly neighbours could easily be severely injured if they had a similar fall. Our sidewalks should be accessible to all residents, regardless of the time of year or the weather. No one should be forced to stay inside because their wheelchair is unable to navigate the snow or they are afraid of breaking their hip. I urge you to consider evaluating solutions to this problem. My neighbours and I would gladly pay more taxes for a clearing service, or, at the very least, a by-law requiring residents to clear their sidewalk would be some help. Here is a comparison chart of strategies employed by other cities/towns in the Niagara Region: City/Town Responsibility Fines Notes St. Catharines Property Owner $10.55/metre Sidewalk must be cleared 24 hours after snow event, otherwise city will clear at property owner’s expense Welland Property Owner Liable to no more than $10 000 for the first offence Sidewalk must be cleared within 24 hours Pelham Town Grimsby Town NOTL Town Thorold Property Owner City will clear at expense of owner Sidewalk must be cleared within 24 hours after snow event Port Colborne Property Owner City will clear at the expense of the owner $160 set fine Sidewalk must be cleared within 24 hours after snow event Fort Erie Town clears town-owned sidewalks only; no residential by-law Page 693 of 737 Thank-you for considering my request. Sincerely, Jaclyn Page jchamberspage@gmail.com Page 694 of 737 1 Bill Matson From:Jackson Ward <jward@conquercancer.ca> Sent:Monday, March 18, 2019 4:21 PM To:Bill Matson Cc:Ana-Louise Ruso; Robyn Kennedy Subject:The Enbridge Ride to Conquer Cancer - Municipal Significance Attachments:ApplicationSummaryReport.pdf Hi Bill, I hope this email finds you well! I am writing to again request that The Enbridge Ride to Conquer Cancer, to be held on June 8 & 9 2019 to be designated as “municipally significant”. Thank you again for your assistance in this process in 2018. The purpose of this is to obtain a Special Occasions Permit for serving of alcohol on June 9 only. Please see attached Application Summary. Event Details: Name: The Enbridge Ride to Conquer Cancer Date: June 8 & 9 2019 Location: 7200 Niagara Parkway ,Niagara Falls, ON, L2E 3E8 Hours: 11:00am – 7:00pm Estimated Attendees: 4,500 We are in the process of pulling together official letters to the clerk’s department, police, fire, health department & local building department. We will have these uploaded and sent as part of our application in the coming days. Thanks for your consideration. Kind Regards, Jackson Ward Event Production Manager 460 Richmond St, W. Suite 101, Toronto, Ontario. 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Z_§_.e_<. >2»:Q_.8Ex Eomaoi o8-mK-Bo«.ed M$-3,\-B8A8.H.m_.o3.:x@<<€:omm.om Page 696 of 737 Rotary Club of Niagara Falls Sunrise P.O.Box 142 Niagara Falls,ON L2E 658 Rotary Niagara Falls Sunrise April 2,2019 The City of Niagara Falls 4310 Queen Street,PO Box 1023 Niagara Falls,ON L2E 6X5 Attn:Mr.Bill Matson,Manager of Clerks Services I Deputy Clerk RE:Rota club of Nia ara Falls Sunrise Ribfest and BBQ June 14 15 and 16 2019 Dear Bill, The Rotary Club of Niagara Falls Sunrise,Ribfest and BBQ committee respectfully askthe City of Niagara , Falls to declare our 15"‘Annual Niagara Falls Rotary Ribfest a Community Event.Ribfest will be held June 14"‘,15"‘, and 16"‘2019 (Fathers Day Weekend).The hours of operation will be Friday and Saturday noon until 11:00 pm,and Sunday noon until 7:00 pm. We are pleased and excited to announce that our event will be hosted by the Niagara Parks Commission at Rapidsview Park (across from Marineland)and we are looking fon/vardto continue to build on the success of Ribfest from previous years.We are excited to have this opportunity to bring Ribfest to the prestigious location of Rapidsview Park,with its’beautiful setting,ample parking and other amenities,and proximity to the Niagara River and the Falls itself.We are also pleased to be working with an organization such as the Niagara Parks Commission,whose history, reputation,and commitment to our community are well established. Letters will be sent to the Fire Department,Health Department,and Police Department,once we have ?nalized our site plan for 2019. The Rotary Club of Niagara Falls Sunrise Ribfest and BBQ committee is looking forward to another successful event that provides great food,fun and entertainment for people of all ages in our community.We are proud to be celebrating our 15'"Anniversary in 2019.Niagara Falls Rotary Ribfest raises funds for our Rotary Club that are used 100%for community programs such as Project Share,Rotary House,School Breakfast Program, GNGH Foundation,and Heart Niagara,just to name a few. if more information is required,please do not hesitate to contact me at (905)651-2432 or email me at swright@gordonwrightltd,com .Thank you for your assistance and support of our event! Sincerely, Scott Wright,P.Eng., 'ir of Niagara Falls Rotary Ribfest b all‘of th 2019 Ribfest Committee Co at information: Gordon Wright Electric Limited 6255 Don Murie Street, Niagara Falls,ON L2G 0B1 P (905)356-5730 F (905)356-4588 Cell (905)651-2432 E-mail swright@gordonwrightltd.com Page 697 of 737 1 Bill Matson From:Claire Anderson <clairea.glass@gmail.com> Sent:Thursday, March 28, 2019 1:58 PM To:Bill Matson Subject:Letter for municipal significance Attachments:Open House.jpg Hi Bill, Here is all the info for our BBQ/ Open House: Where: 5535 Slater Avenue, Niagara Falls, ON When: May 4th, 2019 When: 3PM - 7PM What: cheap burgers, a keg for sale, and our 'seconds' for sale - so blown glass sold at massively discounted prices :) Also, demonstrations all day. We are bringing in a guest artist and blowing glass as a the entertainment. It's a community event, all are welcome! We just like to spread some fun and share our passion for glass with the general public. Attached is the invite as well. Please let me know if you need any further information and you are welcome to attend, yourself! Cheers Claire Studio Vine Glass LTD www.studiovine.ca www.facebook.com/StudioVineGlass www.claireaglass.com Page 698 of 737 2.3..32mm 2.9»:.69..mm 2.3..Esau \ .__ mm.E8_m<_<_m<£3~06 mmwmm_a2><m:cm %_<_...:u_<_ 3mmUm3o:mc,m.g.o:m_Page 699 of 737 1 Bill Matson From:Alex Herlovitch Sent:Tuesday, March 19, 2019 10:00 AM To:Carey Campbell; 'Peter Castrilli'; Bill Matson Cc:Ken Todd; Jim Diodati Subject:RE: FW: All Usually what happens is the person applies for the minor variance and pays the fee. At the Committee of Adjustment, when the application is heard, the applicant asks the Committee to refund or reduce the fee on the basis of hardship. Where the Committee grants the rebate, Planning arranges for a cheque to be sent to the applicant. Since this is a request to Council, they may defer this to the Committee’s discretion or make its own decision. The fee for a minor variance application is $2,100. Alex Alex Herlovitch, MCIP, RPP Director of Planning, Building & Development City of Niagara Falls From: Carey Campbell Sent: Tuesday, March 19, 2019 9:36 AM To: 'Peter Castrilli'; Bill Matson Cc: Ken Todd; Alex Herlovitch; Jim Diodati Subject: RE: FW: Hello Mario: Many thanks for your letter. I am keying in our City Clerk, Bill Matson to help process your request to come before Council. Thank you. carey From: Peter Castrilli <pcastrilli84@gmail.com> Sent: Tuesday, March 19, 2019 7:48 AM To: Carey Campbell <ccampbell@niagarafalls.ca> Subject: Re: FW: Good morning Mayor Diodati, (And of course to you as well Carey) I Hope all is well. It has now been some months since I went to court, regarding the issue of the addition on the back of my home. Page 700 of 737 2 Later proceedings have been postponed to June. In that time they are looking for the resolution to the issue (whether or not I will keep the structure or demolish). Obviously it is not my first choice to demolish a portion of my home. However, I am left with two choices. First pay up front for a variance to be done on the structure and possibly be denied. Or, pay for a permit to demolish. As discussed previously, I would like to have the matter brought in front of council. To have the cost of variance waived. At this point, the court fees and variance would be upwards of $4-5 thousand dollars. This is simply not a cost I can afford as I am 66 years old, on a single income since my wife's passing and looking into retirement. If possible, I ask the Mayor, council or whatever governing body to waive the cost of a variance to be done. As you mentioned previously, this would have to be sent in via letter or in person. I prefer in letter form. Is this email and the chain of emails and events, good? Or should I have a separate letter created to put forth? Should this not be possible, please let me know the steps to take to obtain a permit to demolish this part of my home. As always, your help and direction is much appreciated. Many thanks, Mario Castrilli On Tue, Jan 22, 2019, 2:33 PM Carey Campbell, <ccampbell@niagarafalls.ca> wrote: Dear Peter: Thank you for your email to Mayor Diodati. I have brought your letter to his attention and he has asked for the full background to be provided to him. I am working on compiling all of the information from Alex Herlovitch, Councillor Thomson, etc. and he is asking the CAO if Council has any opportunity to assist here. Though Council can not specifically permit a minor variance, it may be possible to have your father come before Council or write a letter to Council asking them to forgive the fee for the variance. Having said that, the process to obtain a variance would still have to be followed. Alongside your father’s effort to request a minor variance through the Committee of Adjustment, if he would like to write a letter addressed to Mayor and Members of Council, requesting Council’s consideration of waiver of the fee, our office will ensure that the letter gets to the Acting Clerk to be reviewed at an upcoming council meeting. With regard to the separate fine that the court set, that is out of the hands of Council, as it was established, laid and would be levied by the court. Page 701 of 737 3 I hope this is helpful to let you know that the mayor is working on some solutions to try to assist at this time. Best of luck with next steps. 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: Peter Castrilli <pcastrilli84@gmail.com> Sent: Friday, January 18, 2019 8:26 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Mr. Mayor Diodati, I hope this letter finds you well. Today, I write to you regarding the situation occurring between my father and the City of Niagara Falls. Beginning in January of 2018, he was contacted by the City of Niagara Falls regarding the addition in the back of his home - and whether or not a permit was obtained to construct it. He contacted the City and they advised me he must comply and obtain a permit for the addition. While he's sure he obtained all the appropriate permits and documents in 1986 prior to construction. They were actually referencing a protrusion to the original addition. Which is a walkin closet, and a part of the original plans. Nevertheless, at the time he and my mother decided the smaller closet built inside would suffice, and save them in construction costs. Therefore it was never built. Fast forward 26 years or so. The need for storage of my moms medical supplies, walker and wheelchair, became overwhelming. As she was bedridden and bound only to the house, the only natural solution would be to finish off the walk-in closet for storage. They were receiving weekly deliveries of supplies from CCAC via my moms case manager - Jodi Diodati (a relation to you I believe). Page 702 of 737 4 Several years later a new situation insued with his neighbor of 20+ years. For about a year or two, he had been collecting, cleaning, scraping and selling metal from his front lawn and carport. As you can imagine - it looked ad terrible as it sounds. My father lives in a nice, clean middle-class neighborhood. The appearance, curb-appeal and upkeep of our homes has always been a priority on this street. After some time (roughly a year and a half) my father and some neighbors had enough. They knew this scrap pile would not be going anywhere anytime soon. So, after some discussion and hesitation (afterall a good neighbor to this point) he contacted the City. Obviously you can figure what happened next. January of 2018, he recieved a notice to comply - regarding the walkin closet addition constructed many years prior. Retaliation after he somehow found out my father called and reported his doings to the City. The structure is in direct view of his home, and obvious that he was behind it. Shortly after receiving the letter from the City; on January 17th, 2018, after 10+ years of a courageous battle with many diseases - my mom passed away at our home. Surely you can understand that in the following weeks and months and especially now - my fathers mental state has become depressive and heartbroken. Luckily we are a very close family and support each other. Otherwise, I dont know how we would have gotten thru this difficult period. After about 5 months, in May of 2018 - my father had not heard from, nor had he contacted the City regarding the issue. He assumed it was perhaps dealt with. Strangely, around this time - the very neighbor whom contacted the city in retaliation - bumped into my father at the end of their driveways. He offered his condolences for the passing of my mother. During their conversation my father mentioned having been contacted by the City. The neighbor apologized for going to that length. And cleaned up (a bit..) Of his messy from yard. It's funny how things work in life. In November of 2018, on a Sunday afternoon - a document was delivered to my fathers home. A summons to appear in court! He went to court on January 8th. After some proceedings, he was told the fine to keep the structure is $2000.00 and he would then need to apply for a variance. After speaking with a longtime childhood friend Jack Cerminara, who worked at the City for decades, he advised a variance would be in the ballpark of $2100.00. So, my father is staring at over $4000.00 to keep the addition on the back of his home. This is crazy! Mr. Diodati, had he known the building department would be taking this issue to this extent, he certainly would have been more proactive. But he wasn't proactive because THEY weren't. During this whole ordeal (over 11 months) I think my father spoke to someone twice? The third time was finding out he's going to court. More clarity and guidance would be nice for a taxpayer. The gentlemen we dealt with come off very arrogant and dismissive. I do apologize for the length of this letter. However to give the scope of the situation, it is necessary. I am told you are an honorable and reasonable man. This is why I ask for your intervention in this, in anyway possible. My father does not want to deal with the building department any longer. My fathers mental state remains depressive and saddened since the passing of my mom (yesterday was 1 year). Truly, your help and/or advice on this matter is greatly appreciated. Page 703 of 737 5 Yours sincerely Peter Castrilli www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you Page 704 of 737 Taps Brewing Company Inc. 4680 Queen Street Niagara Falls, ON L2E 2L8 289-477-1010 March 20, 2019 To whom it may concern, As we have done each year, Taps will be putting on some outdoor events in the parking lot with live music or other entertainment. We are again requesting exemption from the amplified noise by-law for the following events: May 4th – Outdoor concert and fundraiser for Epilepsy Niagara (Until Midnight) May 31, June 1-2 - Springlicious Street Festival (Friday until 11pm, Saturday until midnight, Sunday until 9pm) June 30nd – TAPS10 – Taps 10th anniversary celebration and market. Live Music (Noon until midnight) July 1st - Canada Day Celebration by Downtown Board of Management/City of Niagara Falls - Live music (noon until 11pm) July 13th – Horror Movie Fan Convention Afterparty presented by Niagara Metal - (6pm until Midnight) July 27th – Cross Border Rock Concert – Live Music (4pm to Midnight) Aug 23rd/24th – Livestock Niagara Music and Arts Festival – Market, Yoga and Live Music (Noon to Midnight each day) Every Tuesday from May 7 to Oct 18 – Celebrate Old Downtown Car show/Market/Concert – (4pm until 11pm(normally done by 9pm)) Every Saturday from July 6th to Sep 7th – Celebrate Old Downtown Summer series. Family events and live music from (Noon until midnight(at the latest, most events will be done by 9pm)) Sincerely, Eric Martin Taps Brewing Co Inc. Page 705 of 737 Niagara Regional Labour Council March 1, 2019 Mayor Jim Diodati City of Niagara Falls 4310 Queen Street Niagara Falls, ON Canada L2E 6X5 Dear Mayor Diodati: On April 28th, the Niagara Regional Labour Council will observe the National Day of Mourning to remember those who have suffered and died on the job. As we remember those who have died in workplace catastrophes, those who have been exposed to toxic substances and those who have been injured due to dangerous work conditions, we rededicate ourselves to fight for safe workplaces. Therefore, as we approach April 28th, we are requesting that City Council consider and issue a Proclamation with respect to the “National Day of Mourning”. Also, we invite you, your council and staff to attend the Niagara Falls Ceremony beginning at 10:30 a.m. at the Workers Monument at City Hall, 4310 Queen Street. By this invitation, we would welcome comments from you or your designate at the ceremony. We are also requesting that all flags be flown at HALF-MAST at City Hall on the 28th. As we remember those who have been injured and killed, we must renew our fight for the living and we must organize and mobilize for safe jobs. Please share this information widely since this is a public event. I, along with the rest of the Niagara Regional Labour Council look forward to your response. Thanking you in advance. Lou Ann Binning President Niagara Regional Labour Council nrlc.clc@gmail.com Page 706 of 737 “Wainfleet - find your country side!” March 27, 2019 Niagara Region 1815 Sir Isaac Brock Way P.O. Box 1042 Thorold, ON L2V 4T7 Sent Electronically Attention: Ann-Marie Norio, Clerk Dear Ms. Norio, RE: Provincial Government Review of Regional Government COTW 1-2019 Minute Item 6.2 Please be advised that, at its meeting of March 26, 2019, the Council of the Corporation of the Township of Wainfleet enacted the following resolution regarding Administration Staff Report ASR-011/2019 (copy attached) relating to the Request from Niagara Regional Council re: Provincial Review of Regional Government: THAT this report be received; and THAT the correspondence dated March 8, 2019, attached as Appendix “A”, from Niagara Region regarding Provincial Review of Regional Government be received; and THAT the Council of the Township of Wainfleet endorse the request from Regional Council: “THAT the Region undertake the procurement of and facilitation for finances to hire a Government Relations/Communications firm to advise the 13 local area municipalities on government relations, public polling and communications in regard to the Provincial Government Review of Regional Government”; and THAT the Council of the Township of Wainfleet direct the CAO to coordinate efforts for the Township in this endeavour; and THAT a copy of this resolution be forwarded to the Local Area Municipalities and Niagara Region. Township of Wainfleet Page 707 of 737 31940 Highway #3 • P.O. Box 40 • Wainfleet, ON • L0S 1V0 PHONE 905.899.3463 • FAX 905.899.2340 • In supporting the resolution, Wainfleet concerns be shared with Regional Council Municipalities: • the need to be wary of any between the proposed Govern capacity that may otherwise already be available and/or Local Area Municipalities; • the need for appropriate cost containment identified as the funding source taxpayer within the Region; and •the need to ensure that Niagara Region and Local Area Municipalities receive true value for the services to be rendered. The Council of the Corporation of the Township of Wainfleet respectfully requests your consideration of the above. Yours Truly, William J. Kolasa Chief Administrative Officer 31940 Highway #3 • P.O. Box 40 • Wainfleet, ON • L0S 1V0 PHONE 905.899.3463 • FAX 905.899.2340 • www.wainfleet.ca Wainfleet Council also requested that the following comments and Regional Council and with the Councils of the Local Area need to be wary of any potential duplication of expertise or capacity Government Relations/Communications firm and otherwise already be available within the workforce(s) of the Region r Local Area Municipalities; cost containment, as even though Niagara Region the funding source of the exercise: there is really only a single property within the Region; and the need to ensure that Niagara Region and Local Area Municipalities receive true value endered. the Corporation of the Township of Wainfleet respectfully requests your 2 www.wainfleet.ca requested that the following comments and and with the Councils of the Local Area that may arise and expertise/ workforce(s) of the Region as even though Niagara Region has been only a single property the need to ensure that Niagara Region and Local Area Municipalities receive true value the Corporation of the Township of Wainfleet respectfully requests your Page 708 of 737 ADMINISTRATION STAFF REPORT ASR-011/2019 TO:Mayor Gibson & Members of Council FROM:W. Kolasa, Chief Administrative Officer/Clerk DATE OF MEETING: March 26, 2019 SUBJECT: Request from Niagara Regional Council re: Provincial Review of Regional Government RECOMMENDATION(S): THAT this report be received; and THAT the correspondence dated March 8, 2019, attached as Appendix <A=, from Niagar! Region regarding Provincial Review of Regional Government be received; and THAT the Council of the Township of Wainfleet endorse the request from Regional Council: 9THAT the Region undertake the procurement of and facilitation for finances to hire a Government Relations/Communications firm to advise the 13 local area municipalities on government relations, public polling and communications in regard 64 6/, ’54703*0)1 %47,532,36 (,70,8 4- (,.043)1 %47,532,36;; and THAT the Council of the Township of Wainfleet direct the CAO to coordinate efforts for the Township in this endeavour; and THAT a copy of this resolution be forwarded to the Local Area Municipalities and Niagara Region. EXECUTIVE SUMMARY: The purpose of this report is to provide Council with details of a resolution from Niagara Region>5 Committee of the Whole regarding the ongoing Provincial Review of Regional Government. BACKGROUND: On February 4, 2019, the Mayors of the local area municipalities of Niagara Region and the Regional Chair issued a Statement (attached) that announced: #(/).)4)>5 ’);245 )4, 71/6,+ /1 5733246 -24 /03428/1. .28,41)1*,$ 64)153)4,1*; )1+ accountability in local government. It has been nearly 50 years since Niagara Region was formed and our communities, economy and the populations we serve have changed significantly in that time. With change comes opportunity, and we agree with the provincial government that there is room for improvement in the way Niagara works. Page 709 of 737 ASR-011/2019 2019 03 26 Page 2 We share the same goals in this review: to make it easier to access services, create more efficient local government, reduce duplication and be open for business. We also agree that there are a number of ways to achieve these goals and we expect that local voices and local solutions will truly be considered. We are already working together as Team Niagara to be open for business and attract investment, jobs, and economic development. Many local agencies and municipal services are already working together to find efficiencies and reduce duplication. We are working together to build an integrated transit system that works for all of Niagara. And we know we can do more. As Mayors, we will work together to ensure that Niagara is given an opportunity to present made-in-Niagara solutions through this regional governance review." Recently, the Mayors held a conference call and a letter was issued, signed by all of them (forming part of Regional correspondence), on Mayor Easton's letterhead who took the lead on preparing the letter which was publicly dealt with at Regional Council on March 7, 2019. OPTIONS/DISCUSSION: The following motion as approved by Regional Council was forwarded to the Clerk on March 8th, 2019: "That Correspondence Item COTW-C 02-2019, being a letter from the Local Area Municipal Mayors, dated March 6, 2019, respecting Provincial Review of Regional Government, BE RECEIVED and BE CIRCULATED to the Local Area Municipalities for consideration by their respective Councils at their next meeting for comment back to Niagara Region by March 28, 2019." Attached to the correspondence from Niagara Region is a letter signed by all Mayors and Regional Chair. The letter outlines that there was a recent conference call among the heads of Council of the lower tier municipalities, including the Regional Chair, whereby it was agreed that they "request the Region, on behalf of the municipalities, to undertake the procurement of and facilitation for finances to hire a Government Relations/Communications firm to advise the 13 municipalities on government relations, public polling and communications in regard to the provincial government review of regional government." As noted, Regional Council passed a motion to receive this correspondence and that it be circulated to the Local Area Municipalities for consideration by their respective Councils by March 28, 2019. At a meeting of regional chief administrative officers held on March 8th, the Regional Council motion and correspondence regarding the Provincial Government Review was considered and all CAOs concluded to present a report to their respective Councils, before March 28th, and notify the Regional Clerk of each Council's decision. Further, a subcommittee of the CAOs was created to implement the provided direction and carry out the duties of hiring a Government Relations/Communications firm as outlined in the ’);24>5 correspondence as follows: Page 710 of 737 ASR-011/2019 2019 03 26 Page 3 "The CAOs will coordinate this effort. They will advise on appropriate companies to be considered. The CAOs will also act in the capacity of selecting said company and preparing sample questions in advance to be used for the public polling. In their capacity as signing officers, the CAOs in their guidance to the Heads of Council will liaise with the successful bidder throughout the procurement process to ensure a successful conclusion." FINANCIAL CONSIDERATIONS: At this time, there do not appear to be any direct financial implications to the Township as Niagara Region is being tasked with the financial implementation of this project. OTHERS CONSULTED: Niagara Region Chief Administrative Officers ATTACHMENTS: &33,1+/9 <&=% # Niagara Region Correspondence re: Provincial Review of Regional Government (March 8, 2019) # Local Area Municipal Mayors Correspondence re: Provincial Review of Regional Government (March 6, 2019) # Statement from Niagara Mayors (February 4, 2019) Respectfully submitted by, William J. Kolasa, Chief Administrative Officer/Clerk Page 711 of 737 Cfokpkuvtcvkqp! Qhhkeg!qh!vjg!Tgikqpcn!Engtm! 2926!Ukt!Kucce!Dtqem!Yc{-!RQ!Dqz!2153-!Vjqtqnf-!QP!!N3X!5V8! Vgngrjqpg<!;16.796.5336!!Vqnn.htgg<!2.911.374.8326!!Hcz<!;16.798.5;88! yyy/pkcictctgikqp/ec! March 8, 2019 COTW 1-2019, March 7, 2019 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY RE: Provincial Review of Regional Government COTW 1-2019 Minute Item 6.2 Committee of the Whole at its meeting held on Thursday, March 7, 2019, passed the following resolution: That Correspondence Item COTW-C 02-2019, being a letter from the Local Area Municipal Mayors, dated March 6, 2019, respecting Provincial Review of Regional Government, BE RECEIVED and BE CIRCULATED to the Local Area Municipalities for consideration by their respective Councils at their next meeting for comment back to Niagara Region by March 28, 2019. A copy of Correspondence Item COTW-C 02-2019 is attached for your reference. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2019-072 APPENDIX "A" TO ASR-011/2019 Page 712 of 737 9225/1 92 >41 7-A9< ’*##=9?>4 =1<@5/1 <9-0 .1-7=@5661!98 6#<$.$ ;FJID,+#("()&"*%#( 2BP,+#("()&")()) OOO"HGICJHI"CB -;HBCD NJ 3LJO!-;HBCD NJ ;LJMKDL!-;HBCD NJ .DHJIE March 6, 2019 Niagara Region c/o Ron Tripp Acting CAO Dear Region of Niagara; Re: Provincial Review of Regional Government Following the recent conference call among the heads of Council of the lower tier municipalities including the Regional Municipality of Niagara it was agreed that the 12 Mayors and Chair, whom have signed below, request that the Region, on behalf of the 13 Municipalities undertake the procurement of and facilitation for finances to hire a Government Relations/Communications firm to advise the 13 municipalities on government relations, public polling and communications in regard to the provincial government review of regional government. Further, this item be included in the Committee of the Whole Agenda for Thursday, March 7,2019 at 6:30pm at Regional Headquarters. The CAO's will coordinate this effort. They will advise on appropriate companies to be considered. The CAO's will also act in the capacity of selecting said company and preparing sample questions in advance to be used for the public polling. In their capacity as signing officers, the CAO’s in their guidance to the Heads of Council will liaise with the successful bidder throughout the procurement process to ensure a successful conclusion. Heads of Council will ensure that their own Councils and Regional Council members are kept apprised of the process. EQVY.E!13.312; Page 713 of 737 9225/1 92 >41 7-A9< ’*##=9?>4 =1<@5/1 <9-0 .1-7=@5661!98 6#<$.$ ;FJID,+#("()&"*%#( 2BP,+#("()&")()) OOO"HGICJHI"CB -;HBCD NJ 3LJO!-;HBCD NJ ;LJMKDL!-;HBCD NJ .DHJIE We are the Mayors and Regional Chair of the Region of Niagara and are in support of this request. Mayor Wayne Redekop Fort Erie Mayor Jim Diodati Niagara Falls Mayor Bill Steele Port Colborne Wainfleet Mayor Jeff Jordan Grimsby Lord Mayor Betty Disero Niagara-on-the-Lake Mayor Walter Sendzik St. Catharines Mayor Frank Campion Welland Chair Jim Bradley Niagara Region Mayor Sandra Easton Lincoln Mayor Marvin Junkin Pelham Mayor Terry Ugulini Thorold EQVY.E!13.312; Page 714 of 737 # # Statement from Niagara Mayors ! Hgdtwct{!5-!312;! ! <PHNHXHaY ;H_VXY HXL [UPZLK PU Y[WWVXZ MVX PTWXV\PUN NV\LXUHUJL$ ZXHUYWHXLUJ_ HUK ceeqwpvcdknkv{!kp!nqecn!iqxgtpogpv/!Kv!jcu!dggp!pgctn{!61!{gctu!ukpeg!Pkcictc!Tgikqp! ycu!hqtogf!cpf!qwt!eqoowpkvkgu-!geqpqo{!cpf!vjg!rqrwncvkqpu!yg!ugtxg!jcxg! ejcpigf!ukipkhkecpvn{!kp!vjcv!vkog/!Ykvj!ejcpig!eqogu!qrrqtvwpkv{-!cpf!yg!citgg!ykvj! vjg!rtqxkpekcn!iqxgtpogpv!vjcv!vjgtg!ku!tqqo!hqt!kortqxgogpv!kp!vjg!yc{!Pkcictc!yqtmu/! ! Yg!ujctg!vjg!ucog!iqcnu!kp!vjku!tgxkgy<!vq!ocmg!kv!gcukgt!vq!ceeguu!ugtxkegu-!etgcvg! oqtg!ghhkekgpv!nqecn!iqxgtpogpv-!tgfweg!fwrnkecvkqp!cpf!dg!qrgp!hqt!dwukpguu/!Yg!cnuq! citgg!vjcv!vjgtg!ctg!c!pwodgt!qh!yc{u!vq!cejkgxg!vjgug!iqcnu!cpf!yg!gzrgev!vjcv!nqecn! xqkegu!cpf!nqecn!uqnwvkqpu!yknn!vtwn{!dg!eqpukfgtgf/!! ! Yg!ctg!cntgcf{!yqtmkpi!vqigvjgt!cu!Vgco!Pkcictc!vq!dg!qrgp!hqt!dwukpguu!cpf!cvvtcev! kpxguvogpv-!lqdu-!cpf!geqpqoke!fgxgnqrogpv/!Ocp{!nqecn!cigpekgu!cpf!owpkekrcn! ugtxkegu!ctg!cntgcf{!yqtmkpi!vqigvjgt!vq!hkpf!ghhkekgpekgu!cpf!tgfweg!fwrnkecvkqp/!Yg!ctg! yqtmkpi!vqigvjgt!vq!dwknf!cp!kpvgitcvgf!vtcpukv!u{uvgo!vjcv!yqtmu!hqt!cnn!qh!Pkcictc/!Cpf! yg!mpqy!yg!ecp!fq!oqtg/!Cu!Oc{qtu-!yg!yknn!yqtm!vqigvjgt!vq!gpuwtg!vjcv!Pkcictc!ku! ikxgp!cp!qrrqtvwpkv{!vq!rtgugpv!ocfg.kp.Pkcictc!uqnwvkqpu!vjtqwij!vjku!tgikqpcn! iqxgtpcpeg!tgxkgy/!!! ! <PHNHXHaY ;H_VXY$! ! ! Fcxg!D{nuoc-!Oc{qt!qh!Yguv!Nkpeqnp!! ! Lghh!Lqtfcp-!Oc{qt!qh!Itkoud{! Htcpm!Ecorkqp-!Oc{qt!qh!Ygnncpf! ! Octxkp!Lwpmkp-!Oc{qt!qh!Rgnjco! Lko!Fkqfcvk-!Oc{qt!qh!Pkcictc!Hcnnu! ! Yc{pg!Tgfgmqr-!Oc{qt!qh!Hqtv!Gtkg! !!!Dgvv{!Fkugtq-!Nqtf!Oc{qt!qh!Pkcictc.qp.vjg.Ncmg! ! Ycnvgt!Ugpf|km-!Oc{qt!qh!Uv/!Ecvjctkpgu! ! Ucpftc!Gcuvqp-!Oc{qt!qh!Nkpeqnp! ! Dknn!Uvggng-!Oc{qt!qh!Rqtv!Eqndqtpg! Mgxkp!Ikduqp-!Oc{qt!qh!Yckphnggv!Vgtt{!Wiwnkpk-!Oc{qt!qh!Vjqtqnf! ! ! # Page 715 of 737 Page 1 of 2 Ministry of Community Safety and Correctional Services Office of the Fire Marshal and Emergency Management 25 Morton Shulman Avenue Toronto ON M3M 0B1 Tel: 647-329-1210 Fax: 647-329-1143 Ministère de la Sécurité communautaire et des Services correctionnels Bureau du commissaire des incendies et de la gestion des situations d'urgence 25, avenue Morton Shulman Toronto ON M3M 0B1 Tél. : 647-329-1210 Téléc. : 647-329-1143 March 28th, 2019 Dear mayor or head of council, Now that spring is upon us, the Province of Ontario will soon be engaged in providing emergency response assistance to First Nations Communities located in the Province through an agreement with the Government of Canada. The Office of the Fire Marshal and Emergency Management (OFMEM), in partnership with other provincial ministries and federal departments, coordinates planning for and evacuation of First Nations communities when they are at risk due to flooding or forest fires. As you may be aware, when the annual spring ice breakup begins on the river systems that empty into James Bay, the First Nations communities located on those river systems are at high risk of flooding and there is an identified need for ‘Host Communities’ to accommodate evacuees. Contingency planning is currently underway for the following James Bay communities, Kashechewan, Moose Cree, Fort Albany and Attawapiskat First Nations. There are approximately 6000 First Nations members across these James Bay communities. The most recent threat assessment indicates that current snowpack, ice on rivers and anticipated temperature fluctuations with transition to spring is expected to result in a higher than normal downstream flow to these communities, putting them at higher risk of flooding and evacuation. The worst-case scenario would see more than one community trying to evacuate concurrently, which will overwhelm our existing host capacity of approximately 2200 beds. The OFMEM is asking if your municipality would consider being a ‘Host Community’ for the 2019 James Bay flood season. The following questions are provided to assist you in your deliberations: 1. Could your Region/Municipality host evacuated residents? 2. Could your Region/Municipality host elders, families with young children, people with illnesses or disabilities, pregnant mothers in hotel/motel/dormitory-type accommodations? 3. Could your Region/Municipality host displaced community members in arena-type accommodations? 4. How soon could your municipality begin to accept evacuees (do you have any ongoing or near-future events which will decrease hotel or arena capacity – i.e. tournaments, garden shows, etc.)? 5. How much lead time would your municipality require to set-up for evacuees? 6. How long could your municipality host evacuees for? Page 716 of 737 Page 2 of 2 7. What provincial and/or federal supports would your municipality require (OFMEM Field Officers and / or Liaison Officers from Indigenous Services Canada (ISC)? 8. What other supports would you foresee requiring (Canadian Red Cross, Salvation Army, other non-governmental organizations)? OFMEM works closely with provincial and federal stakeholders to ensure a host community receives the appropriate funding and supports to safely accommodate displaced First Nation community members. If you require further information about evacuations and becoming a host community, please do not hesitate to contact Aileen Cassells, Deputy Chief, Emergency Operations (647-329-1135, Aileen.Cassells@ontario.ca) or Jason Redlarski, Program Manager, Provincial Emergency Operations (647-329-1194, Jason.Redlarski@ontario.ca). Regards, Jon Pegg Assistant Deputy Minister Fire Marshal and Chief of Emergency Management cc. Community Emergency Management Coordinator Chief Administrative Officer Clerk OFMEM Field Officer Aileen Cassells, Deputy Chief, Emergency Management Operations Jason Redlarski, Program Manager, Provincial Emergency Operations Unit Page 717 of 737 >3:m.83 >3:Ho3&2:1.538:83. Commm:oa2&2? 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Wammnmm. wasWsams Page 718 of 737 CITY OF NIAGARA FALLS By-law No.2019 — A by-law to authorize the execution of a Lease Amending Agreement with BTB Mortgage Solutions |nc.,respecting an amendment to the Lease between the City and BTB Mortgage Solutions Inc. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.A Lease Amending Agreement dated April 9,2019,and made between The Corporation of the City of Niagara Falls as Landlord,and BTB Mortgage Solutions Inc.as Tenant,respecting the leasing of additional space on a month to month basis,as attached hereto,is hereby approved and authorized. 2.The Mayor and City Clerk are hereby authorized to execute the said Lease Amending Agreement. 3.The City Clerk is hereby authorized to af?x the corporate seal thereto and to deliver the said Lease Amending Agreement. Read a First,Second and Third time;passed,signed and sealed in open Council this 9”‘day of April,2019. WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR Page 719 of 737 LEASE AMENDING AGREEMENT THIS AGREEMENT is dated the 9”‘day of April.2019. BETWEEN: THE CORPORATIONOF THE CITY OF NIAGARA FALLS(the ‘‘Landlord‘‘) -and- BTB MORTGAGE SOLUTIONS INC. (thc "Tenant") WHEREAS: A. C. By an original lease made as of March 3l.20l8 (together with this Agreement.the“Leasc”),the Landlordleased to the Tenant the premises municipallyknown as Units 106and107.5017 Victoria Avenue,Niagara Falls,Ontario (the “Original Leased Space”): The Tenant wishes to rent additional space being Unit 102.50l7 Victoria Avenue.Niagara Falls,Ontario (the “New Leased Space"and together with the Original LeasedSpace.the “Leased Space”);and The Landlord and the Tenant have agreed that the Lease should be amended to reflect theinclusionoftheNewLeasedSpace.on the terms and conditions contained herein. NOW THEREFORE THIS AGREEMENT WITNESSES that.in considerationof the sum oftwodollars($2.00)paid by each party to the other,the receipt and suf?ciency of which is herebyacknowledged,the parties hereto agree as follows: 1.The parties acknowledge that the Landlord is the registered owner of the Leased SpaceandthelandlordundertheLease.notwithstandingthe original lcasc identi?ed“Community Resource Centre"as the landlord. The Lease is hereby amended to he a month-to-month lease.with no rights of renewal infavouroftheTenant.The Tenant shall take occupancy of the New Leased SpacebeginningonApril1.2019 (the “Commencement Date"). The Least:is hereby amended by deleting the section with the header “CleaningServices”.which starts with the words "Community Resource Center contracts...“andendswith“...Would you like this serviee?". At any point during the term of the Lease,either party shall have the right to terminatethisLeaseupon60days‘written notice to the other party and provided the temtinationdateisthelastdayofacalendarmonth. Page 720 of 737 10. 11. From and after the CommencementDate.the monthly rent payable for the Leased Spaceshallbeincreasedfrom51.14100 per month to $1,242.00 per month (the “Rent“‘)plusHST. Once per calendar year,the Landlord shall have the right,but not the obligation.toreassess.at the Landlord’ssolecost the fair market rental rate of the LeasedSpace.If thefairmarketrentalrateisassessedtobegreaterthantheRentspeci?ed in Section5,theLandlordshallhavetherighttoincreasetheRenttothefairmarketrentalrate. The Tenant may use the Leased Space as general office space.including the operation of :-1mortgage brokerage agency and all uses ancillary thereto.The Tenant shall not use theLeasedSpaceforanyotherpurpose. The Tenant shall be responsible for all maintenance,repair and upkeep of the LeasedSpaceandshallkeeptheLeasedPremisesingoodconditionaswouldaprudentoccupantofasimilarcommercialspace.Notwithstandingthe foregoing.neither party shall beobligatedtocompleteanycapitalorstructuralrepairstotheLeasedPremisesorbuildinginwhichtheLeased‘Premisesis located.In the event the LeasedPremisesor part thereofisdamagedordestroyedtotheextentthattheTenantcannotbereasonablyexpectedtocontinueoccupationoftheLeasedPremisesorcarryingoutitsbusiness.the Tenant shallhavetherighttoterminatetheLeasewith10days‘nrittcn notice to the Landlordprovidedtheterminationdateisthelastdayofacalendarmonth. The Tenant agrees that the Landlord shall not be liable or responsible in any way for anyinjuryordeathtoanypersonorforanylossordamagetoanypropertyatanytimeonorabouttheLeasedSpaceoranypropertyownedbyorbeingtheresponsibilityoftheTenantonorabouttheLeasedSpace.no matter how the same shall be caused except inthecaseoflossordamageresultingfromthenegligenceoftheLandlordoranypersonforwhomtheLandlordisresponsible. This Lease cannot be assigned or subleased by the Tenant without the Landlord's priorwrittenconsent,which consent may be unreasonably withheld.The Landlord may assignthisLeasetoanypartywithouttheconsentoftheTenant. Thc parties con?nn that in all other respects.the terms.covenants and conditions of theLeaseremainunchangedandinfullforceandeffect.except as modi?ed by thisAgreement. This Agreement shall be binding upon the parties hereto and their respective successorsandassigns,and shall enure to the bene?t of the parties heretoand their successorsandpermittedassigns. All parties agree that this Agreement may be cxccuted in counterparts and transmittedbyfacsimileoremailandthatcounterpartstransmittedassuchwillbetreatedasoriginals. [Remainder of page intentionally left blank] Page 721 of 737 IN WITNESS WHEREOF the parties have executed this Agreement. THE CORPORATION OF THE CITY OF NIAGARAFALLS Per: Name:James M.Diodati Title:Mayor Per: Name:William G.Matson Title:City Clerk We have authority to bind the Corporation. BTB MORTG E SOLUTIONSINC. I/We have authority to bind the Corporation. Page 722 of 737 CITY OF NIAGARA FALLS By-law No. 2019- A by-law to amend By-law No. 79-200, to permit the use of the Lands for 3 apartment dwellings containing a total of 54 units (AM-2018-026). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a R5C zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 90 square metres for each dwelling unit (b) Minimum front yard depth 4 metres plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (c) Minimum rear yard depth 7 metres (d) Minimum interior side yard width i) from the side lot line in the north-west corner of the property measuring 11.3 metres in length ii) from all other side lot lines 4.5 metres 3 metres (e) Minimum number of parking spaces 1.27 spaces for each dwelling unit Page 723 of 737 2 (f) Maximum number of apartment dwellings on one lot 3 (g) The balance of regulations specified for a R5C use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R4 to R5C and numbered 1089. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1089 Refer to By-law No. 2019-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 9th day of April, 2019. ......................................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2018\By-laws\Byam026.docx Page 724 of 737 1.6m 6m11.3m1 4 .3 m 42.7m38.7m4 4 .1 m 4 5 .4 m 82.9m2 3 .5 m 1089 R5C F R O N T E N A C S T HENNEPINCRV I L L A G E C R M CL EO D R D Schedule 1 to By-law No. 2019- Subject Land: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2018\Schedule\Zoning\26\bylaw_AM2018_26.mxd M5V Inc. 272508000313000; 272508000313100;272508000313300 AM-2018-26 ¹ 3/25/2019 Description:LT 42 PL 67 STAMFORD; LT 43 PL 67 STAMFORD; DUNCAN AV PL 67 STAMFORD(CLOSED BY ORDER RO279159); PT LT 21 PL 246 NIAGARA FALLS PT 1 59R9903; PTTWP LT 173 STAMFORD AS IN RO758344 & PTS 1 & 2 59R9903; S/T RO390317NIAGARA FALLS PT TWP LT 173 STAMFORD AS IN RO332266; NIAGARA FALLS NTS Page 725 of 737 CITY OF NIAGARA FALLS By-law No. 2019 - A by-law to establish Reserve Block 21 on Registered Plan 59M-327 as a public highway to be known as, and to form part of Lucia Drive. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Reserve Block 21 on Registered Plan 59M-327, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Reserve Block 21 on Registered Plan 59M-327, in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of Lucia Drive. Read a First, Second and Third time; passed, signed and sealed in open Council this 9th day of April, 2019. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 726 of 737 CITY OF NIAGARA FALLS By-law No. 2019 - A by-law to establish Reserve Block 22 on Registered Plan 59M-327 as a public highway to be known as, and to form part of Colangelo Drive. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Reserve Block 22 on Registered Plan 59M-327, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Reserve Block 22 on Registered Plan 59M-327, in the City of Niagara Falls that is hereby established as a public highway, be known as and form part of Colangelo Drive. Read a First, Second and Third time; passed, signed and sealed in open Council this 9th day of April, 2019. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 727 of 737 CITY OF NIAGARA FALLS By-law No. 2019 – A by-law to authorize the execution of an Agreement with Dr. Karim Velji, respecting the physician’s commitment to practice medicine in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated April 9, 2019, and made between The Corporation of the City of Niagara Falls as City, and Dr. Karim Velji as Physician, respecting the physician’s commitment to practice medicine in the City of Niagara Fa lls, subject to the terms and conditions as set out in the Agreement, is hereby approved and authorized. 2. The Mayor and City Clerk are hereby authorized to execute the said Agreement. 3. The City Clerk is hereby authorized to affix the corporate seal thereto a nd to deliver the said Agreement. Read a First, Second and Third time; passed, signed and sealed in open Council this 9th day of April, 2019. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 728 of 737 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2019 - A By-law to require owners and operators of off-street parking facilities to provide designated parking spaces reserved for the sole use of vehicles operated by or carrying persons with disabilities. --------------------------------------------------------------- THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS as follows: 1. In This By-law: (a) "designated parking space" means a parking space, designated by signs erected under the provisions of this By-law or other statutory requirement, for the sole use of vehicles in which a permit issued pursuant to this By-law or other Provincial or applicable law is properly displayed; (b) "Director" means the Director of Transportation Services of the City of Niagara Falls; (c) "park" or "parking" has the same meaning as in the Highway Traffic Act, R.S.O. 1990, Chapter H.8; (d) "permit" means a parking permit or licence for the use of persons with disabilities issued by the Province of Ontario pursuant to the provisions of the Highway Traffic Act or other statutory requirement or regulations; Page 729 of 737 (e) "police officer" means an officer of the Niagara Regional Police Force and includes a municipal law enforcement officer; (f) "off-street parking facility" means an open area or structure other than a street used for the temporary parking of motor vehicles whether free or for compensation to which the public has access; (g) "stand" or "standing" has the same meaning as in the Highway Traffic Act, R.S.O. 1990, Chapter H.8. 2. Every owner and every operator of an off-street parking facility shall provide therein designated parking spaces in the number prescribed by the following table: Capacity of Off-Street Minimum Number of Designated Parking Spaces Parking Facility to Be Reserved for Persons with Disabilities 50 - 99 1 100 - 199 2 200 - 499 5 500 - 999 10 1,000 or more total 10 spaces plus 5 spaces for each additional parking spaces 1,000 parking spaces or part thereof. 3. Notwithstanding Section 2, effective the date in the passing of this by-law, every owner and every operator of an off-street parking facility that is subject to site plan control or is applying for a commercial parking lot license shall provide therein designated parking spaces in the number prescribed by the following table: Capacity of Off-Street Minimum Number of Designated Parking Spaces Parking Facility to Be Reserved for Persons with Disabilities 0 – 12 One 13 – 100 4% of the total number of parking spaces, rounding up to the nearest whole number 101 – 200 1 + 3% of the total number of parking spaces, rounding up to the nearest whole number 201 – 1,000 2 + 2% of the total number of parking spaces, rounding up to the nearest whole number Page 730 of 737 1,000 or more total 11 + 1% of the total number of parking parking spaces spaces, rounding up to the nearest whole number Nothing herein contained shall prohibit the provision of a greater number of designated parking spaces than is herein provided for. 4. An exception to the required minimum number of designated parking spaces for the use of persons with disabilities is permitted where an owner or operator of an off-street parking facility can demonstrate that it is not practicable to comply with the requirement because existing physical or site constraints prevent it from meeting the required ratio, such as where the minimum width for parking spaces for persons with disabilities or access aisles cannot be met because of existing pay and display parking meters, surrounding curb edges, walkways, landscaping or the need to maintain a minimum drive aisle width. 5. Where an owner or operator of an off-street parking facility claims an exception to the minimum number of parking spaces for the use of persons with disabilities, it shall provide as close to as many designated parking spaces for the use of persons with disabilities that can be accommodated by the existing site. 6. Designated parking spaces are not required for off-street parking facilities that are used exclusively for one of the following: (a) Parking for buses; (b) Parking for delivery vehicles; (c) Parking for law enforcement vehicles; (d) Parking for medical transportation vehicles (ambulances); (e) Parking used for impounded vehicles; (f) Parking lots not intended for public use; and, (g) Parking lots not intended to provide access for people with disabilities where multiple suitable lots exist of the same site. 7. Each designated parking space provided under Section 2 and Section 3 shall be: (a) a minimum width of 3.9 metres; (b) a minimum length of 6 metres; (c) marked with appropriate white pavement markings (lines and handicapped symbol) when located on a hard surface; Page 731 of 737 (d) level; (e) placed in a location approved by the Director or his/her designate so as to minimize the distance to building entrances and exits and so as to permit easy access to such entrances and exits; and, (f) kept clear of snow, ice and other impediments to the use of the space by persons with disabilities. 8. Each designated parking space provided under Section 3 shall have an access aisle on each side of every designated parking space that allows persons with disabilities to get in and out of their vehicles. 9. Access aisles may be shared by two designated parking spaces for the use of persons with disabilities and shall: (a) Be a minimum width of 1,500 mm; (b) Extend the full length of the designated parking space; and, (c) Be marked with high tonal contrast diagonal lines where the surface is asphalt, concrete or some other hard surface. 10. (a) Designated parking space or spaces shall be identified by a minimum of one authorized sign for each designated parking space, as prescribed in R.R.O. 1990, Regulation 581 under the Highway Traffic Act as amended from time to time. (b) A sign shall have the dimensions as described and illustrated in the figure as shown in Schedule "A" attached hereto. (c) The sign shall be located at the front and in the centre of the parking stall on a support that has been permanently installed in the ground. The sign shall be mounted at a height of 1.0 metre to 1.5 metres from the ground to the bottom of the sign. 11. The owner or the operator of the off-street parking facility shall be responsible for the provision, procurement, installation and maintenance of the signs referred to in Section 10. 12. No fee shall be charged for the use of a designated parking space in excess of that fee charges to other members of the general public in respect of non- designated parking spaces. Page 732 of 737 13. No person shall park a motor vehicle in a designated parking space unless a valid permit is displayed in that vehicle as prescribed in this by-law and that the person for which the permit has been issued exits the vehicle to attend the building or facility for which the accessible space is provided. 14. No person, other than: (a) persons with disabilities who is the operator of a motor vehicle and who has a valid permit; or (b) a person who is the operator of a motor vehicle that is carrying a person with a disability and who has a valid permit, shall park a motor vehicle in a designated parking space. 15. A permit shall be used by displaying it: (a) affixed to the sun visor of the motor vehicle; or (b) on the dashboard of the motor vehicle; in such a manner that it is readily visible from the outside of the motor vehicle. 16. Any person who contravenes any of the provisions of this by-law, is liable upon conviction to a fine of not more than five thousand dollars ($5,000.00). 17. Notwithstanding all other provisions of this by-law in respect to penalties for violation of provisions of this By-law, any person may, upon presentation of a parking infraction notice alleging commission of any of the offences provided in the said sections, pay out of court, within seven days (exclusive of Sundays, Saturdays and public holidays) from the date of issue of the said notice, the specific penalty provided for such offence by this by-law at the said office, and upon such payment no further proceedings shall be taken under this by-law in respect to the said offence alleged in the notice. 18. The provisions of this by-law do not apply to vehicles operated by or on behalf of the City, or any municipal utility while engaged in the performance of cleaning, clearing, maintenance, repair, construction or other work. 19. This by-law shall not, in the case of emergency, apply to an emergency vehicle as defined in the Highway Traffic Act. 20. A Police Officer, upon discovery of any vehicle parked or standing in contravention of this by-law, or of any vehicle apparently abandoned or of any vehicle without proper plates on a highway, may cause such vehicle to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, are a lien upon such vehicle, which may be enforced Page 733 of 737 in the same manner provided by the Repair and Storage Liens Act R.S.O 1990 Chapter R.25. 21. The driver of a vehicle, not being the owner, is liable to any penalty provided under this by-law, and the owner of the vehicle is also liable to such penalty, unless at the time of the offence, the vehicle was in possession of a person other than the owner, without the consent of the owner. 22. Should any section, subsection, part or parts of this by-law be declared by a court of law of competent jurisdiction to be ultra vires, illegal or bad, those sections, subsections, part or parts shall be deemed to be severable and all parts thereof are declared to be separate and independent and enacted as such. 23. The following by-laws are hereby repealed: 1994-262 2001-175 24. Schedule 'A' forms part of this By-Law. Passed this ninth day of April, 2019. ........................................................................... ............................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 9, 2019 Second Reading: April 9, 2019 Third Reading: April 9, 2019 Page 734 of 737 CITY OF NIAGARA FALLS By-law No. 2019 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule AC” and that Schedule “C” attached hereto shall be inserted in lieu thereof. 2. That by-law 2019-34 by hereby repealed. Read a first, second, third time and passed. Signed and sealed in open Council this 9th day of April, 2019. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 735 of 737 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Paul Brown Marianne Catherwood Tim Caudle Julio Cavaliere Joe Corradi Adam Cousins Bill Crowder Mario Digianni Brandon Erb John Garvie Ryan Giles Cathy-Lynn Hanson Kelly Hutchison John MacLeod Andrea Malgie Robert Mascia Krista McGowan Philip Rudachuk Chris Russell April Smith Thomas Tavender Kim Watson Page 736 of 737 CITY OF NIAGARA FALLS By-law No. 2019 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of April, 2019. 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 9th day of April, 2019 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 9th day of April, 2019. .............................................................. ............................................................. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR Page 737 of 737