01/28/2020
City of Niagara Falls
Agenda
City Council Meeting
Tuesday, January 28, 2020 @ 5:00 PM
Council Chambers
Page
1. IN CAMERA SESSION OF COUNCIL - 4:00 PM
1.1.
Resolution to go In-Camera
January 28 - Resolution to go In-Camera
9
2. CALL TO ORDER
O Canada - Performed by: Allessandra Dino
3. ADOPTION OF MINUTES
3.1.
Council Minutes of January 14, 2020
Minutes from City Council - 14 Jan 2020
10 - 30
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
All speakers are reminded that they have a maximum of 5 minutes to
make their presentation.
6.1.
2020 Parking Budget
Tiffany Clark, Director of Finance, will provide an overview of the 2020
Parking Budget.
31 - 59
Page 1 of 377
2020 PARKING BUDGET - Council Agenda
2020 Parking Budget 01.28.20- PRESENTATION
6.2.
MW-2020-01 (Report and presentation added)
Confirmation of Niagara Falls Enhanced and Optional Enhanced
Collection Services for Niagara Region's New Waste Management
Collection Contract
MW -2020-01 - Enhanced and Optional Enhanced Services for New
Waste Collection Contract
MW -2020-01 - Attach 1 - Confirmation of Enhanced Services - City of
Niagara Falls
Presentation - 2020_01_28 Waste Management Enhanced Options
60 - 103
7. PLANNING MATTERS
7.1.
Public Meeting (Presentation added)
PBD-2020-06
26CD-11-2019-005
Legends Phase 3 Plan of Vacant Land Condominium
Weinbrenner Road East of Willoughby Drive
Applicant: 800460 Ontario Inc. (Fred Costabile)
Agent: Craig Rohe, Upper Canada Consultants
PBD-2020-06, 26CD-11-2019-005, Legends Phase 3, Weinbrenner
Road
Presentation - Legends Phase 3, Plan of Vacant Land Condo
104 - 127
7.2.
Public Meeting (Comments and presentation added)
PBD-2020-08
26T-11-2019-004 & AM-2019-018
Splendour Draft Plan of Subdivision and Official Plan and Zoning
By-law Amendment Application
Southwest Corner of McLeod and Kalar Roads
Applicant: Cobas Developments Inc. (Mark Basciano)
Agent: Upper Canada Consulting (William Heikoop)
128 - 181
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PBD-2020-08, AM-2019-018 & 26T-11-2019-004, Splendour
Presentation -Splendour Draft Plan of Subdivision
Presentation-Splendor PM presentation
Letter -Mountainview Homes
-2019_10_04 Comments from Roberta Johnson AM-2019-018 8
-2019_10_08 Comments from James Leitch AM-2019-018
8. REPORTS
8.1.
PBD-2020-04 (Presentations added)
Matters Arising from Municipal Heritage Committee
Earl Thomas House 6320 Pine Grove Ave – Proposed Severance
Allan Heywood and Leah Wallace, agents for the owners of 6320
Pine Grove Avenue, have requested to make a brief 5 minute
presentation.
PBD-2020-04, Matters Arising from MHC, Earl Thomas House
PBD-2020-04, Appendix 1 Heritage Impact Assessment
Council Presentation Jan 2020 - 6320 Pine Grove
Presentation (Leah D Wallace) - 6320 Pine Grove Avenue, Niagara
Falls,
182 - 251
8.2.
F-2020-04
2017 Closed Capital Projects Variance Report
F-2020-04 2017 Closed Capital Projects Variance Report
F-2020-04 Attachment 1
252 - 256
8.3.
TS-2020-07 (Report added)
Multi-Year Governance Agreement For the Joint Transit
Procurement Facilitated By Metrolinx, 2019-2024
257 - 259
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TS-2020-07 Metrolinx Transit Joint Procurement Agreement
8.4.
TS-2020-08 (Report added)
Rainbow Crosswalk Request - Update
TS-2020-08 Rainbow Crosswalk Request - Update
260 - 261
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-2020-02 (Report added)
Fee Waiver Application
Niagara Falls Mayor’s Youth Advisory Committee-Youth Forum
CD-2020-02 - Fee Waivers - Niagara Falls Mayor's Youth Advisory
Committee
262 - 264
F-2020-05
Monthly Tax Receivables Report – December
F-2020-05- Tax Receivables Monthly Report (December)
F-2020-05 Attachment
265 - 268
F-2020-06
2020 Interim Tax Levy
F-2020-06 - 2020 Interim Tax Levy
269 - 270
PBD-2020-02
PLC-2019-004, Request for Removal of Part Lot Control
Block 92 in Plan 59M-395
Chippawa West Plan of Subdivision
Applicant: Queensway Chippawa Properties Inc.
271 - 275
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PBD-2020-02, PLC -2019-004, Request to removal of Part Lot Control,
Block 92 Plan 59M-395
PBD-2020-03
Amendment to Designated Property Grant for
Stone Building at the Halfway, 2358 Portage Road
PBD-2020-03, Amendment to Designated Property Grant 2358 Portage
Rd
276
PBD-2020-05
26CD-11-2018-004, Draft Plan of Vacant Land Condominium
Modification to Draft Plan Approval
Block 88, Plan 388, Northwest Corner of Kalar Road & Mulberry
Drive
Applicant: Imagine Townhomes GP Inc.
Agent: Armstrong Planning & Project Management (Maria Jones)
PBD-2020-05, Redline Revisions to Draft Plan Approval (Warren Woods
Condo Block 88)
277 - 288
R&C-2020-01
2019 Annual Update from the Public Art Advisory Task Force
R&C-2020-01-2019 Annual Update from the Public Art Advisory Task
Force
289 - 291
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1.
Flag-Raising - Girl Guides of Canada
Girl Guides of Canada are requesting a flag-raising ceremony at the
Niagara Falls City Hall to recognize "World Thinking Day" on Saturday,
February 22, 2020. World Thinking Day for all Girl Guides and Boy
Scouts worldwide is an occasion to celebrate the b irthdays of the
founders, Lord and Lady Baden Powell. This year marks the 94th
celebration.
RECOMMENDATION: For the Approval of Council.
Flag-Raising Request - Girl Guides of Canada- World Thinking Day
292
10.2.
Flag-Raising - Bell Let's Talk
Bell is requesting a Flag-Raising ceremony on Wednesday, January 29,
293 - 295
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2020 in Niagara Falls as a way for our City to show support for "Bell
Let's Talk Day" and mental health in our community.
RECOMMENDATION: For the Approval of Council.
Flag-Raising Request - Bell Let's Talk - January 29, 2020
10.3.
Town of Deep River - Resolution Supporting Premiers Developing
Small Modular Technology
Resolution from the Council of the Town of Deep River to all Provincial
Premiers in support of the development of Small Modular Nuclear
Reactor Technology as a green energy solution scalable to small,
medium and large sized communities worldwide.
RECOMMENDATION - For the Information of Council.
Town of Deep River - Letter re_ Develop Nuclear Reactor Technology
296 - 297
10.4.
Regional Niagara - Various Correspondence
RECOMMENDATION - For the Information of Council.
CLK-C 2019-267 -Budget-Water and Wastewater Operating Budget,
Rate Setting and Requistion
CLK-C 2019-268 - REVISED -Waste Management Services Operating
Budget and Requisition
298 - 350
10.5.
Boys and Girls Club of Niagara - Champions for Children Gala
Taking place Thursday February 13, 2020 from 6:00pm to 10:00pm at
Ruth's Chris Steakhouse.
Cost: $130 + tax per person, tables of 8
RECOMMENDATION - For the Information of Council.
Boys and Girls Club - CFCG Poster
351
11. RESOLUTIONS
11.1.
Resolution - 26CD-11-2018-004, Draft Plan of Vacant Land
Condominium
Modification to Draft Plan Approval
Block 88, Plan 388, Northwest Corner of Kalar Road & Mulberry
352
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Drive
Applicant: Imagine Townhomes GP Inc.
Agent: Armstrong Planning & Project Management (Maria Jones)
Resolution to Council
12. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to
the by-law listed for Council consideration.
2020-9 - A by-law to provide an interim levy of realty taxes.
2020-10 - A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Parking Prohibited, Stop
Signs at Intersections, Heavy Vehicle Restriction)
Sarah Street, Ussher Street, Chipman Crescent, Parkway Drive,
Breadner Crescent, Ferguson Street, Brady Street at Glengowan
Crescent, Fingland Avenue
353 - 355
2020-11 -
A by-law to designate Part of Block 92 on 59M-395, designated as Part
2 on 59R-14751, not be subject to part-lot control (PLC-2019-004).
PLC-2019-004 By-law
356
2020-12 - A by-law to authorize the execution of an Agreement of
Purchase and Sale with Walker Aggregates Inc. as Purchaser and The
Corporation of the City of Niagara Falls as Vendor, for the sale of certain
lands located in the City of Niagara Falls, legally described as Road
Allowance between Township Lot 120 & 136 Stamford (Closed by Bylaw
SN356642), and, Part Township Lot 119 Stamford; Part Township Lot
120 Stamford being Upper’s Lane lying between Thorold Townline Road
& Beechwood Road.
Execution By-Law (Walker) Agreement of Purchase & Sale
357 - 376
2020-13 - A by-law to adopt, ratify and confirm the actions of City
Council at its meeting held on the 28th day of January, 2020.
01 28 20 Confirming By-law
377
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13. NEW BUSINESS
14. ADJOURNMENT
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The City of Niagara Falls, Ontario
Resolution
January 28, 2020
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 on January 28, 2020, Niagara Falls City Council will be holding a Closed
Meeting as permitted under s. 239(2)(e) and (f) of the Act; and
THEREFORE BE IT RESOLVED that on January 28, 2020 at 4:00 p.m., Niagara Falls
City Council will go into a closed meeting, prior to their regularly scheduled meeting at
5:00 p.m., to consider matters of litigation or potential litigation with respect to a vacant
parcel of land on Thompson Road, as well as advice that is subject to solicitor-client
privilege related to properties within Townes of Mount Carmel as well as Waste
Management services.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
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MINUTES
City Council Meeting
Tuesday, January 14, 2020, Council Chambers
5:00 PM
COUNCIL PRESENT: Mayor Jim Diodati, Councillor Vince Kerrio, Councillor Mike Strange, Councillor
Wayne Thomson, Councillor Chris Dabrowski, Councillor Lori Lococo,
Councillor Victor Pietrangelo, Councillor Carolynn Ioannoni, Councillor Wayne
Campbell
COUNCIL ABSENT:
COUNCIL LATE:
Page
1. IN CAMERA SESSION OF COUNCIL - 3:30 PM
1.1. Resolution to go In-Camera
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Wayne Campbell that Council enter into an In-Camera
session.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the
vote).
2. CALL TO ORDER
O Canada - Performed by: Stela Trudeau
3. ADOPTION OF MINUTES
3.1. Council Minutes of December 10, 2019
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the minutes of December 10, 2019 be
approved as recommended.
Carried Unanimously
4. DISCLOSURES OF PECUNIARY INTEREST
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City Council
January 14, 2020
Disclosures of pecuniary interest and a brief explanation thereof will be made
for the current Council Meeting at this time.
a) Councillor Lori Lococo indicated a pecuniary interest to the following
cheques: cheque #433501, payable to herself, dated December 4, 2019
for $384.02 (reimbursement of expenses); cheque #432467, payable to
herself, dated November 1, 2019 for $425.00 (reimbursement of
expenses for Texas session); cheque #432581, payable to herself,
dated November 6, 2019 for $792.87 (reimbursement of expenses for
Texas session); cheque #432333, payable to herself, dated October 31,
2019 for $115.34 (reimbursement of expenses); cheque #433317,
payable to board that she sits on, dated November 27, 2019 for
$2,333.33 (payable to Niagara Falls Art Galle for ry); cheque #433341,
payable to board that she sits on, dated November 27, 2019 for
$24,866.66 (payable to Project Share) and cheque #433541, payable to
board that she sits on, dated December 4, 2019 for $515.84 (payable to
Project Share).
b) Councillor Carolynn Ioannoni indicated a pecuniary interest to cheque
#432466, payable to herself.
c) Councillor Victor Pietrangelo indicated a pecuniary interest to cheque
#433111, payable to himself, for materials.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended his wishes hoping that everyone had a restful
holiday and further discussed New Year's Eve in Niagara Falls and its
great success:
• Performances by Bryan Adams, Walk Off The Earth and Valerie
Borghesi.
• More than 60 thousand attendees.
• Two fireworks shows.
• Great nationally televised coverage on CBC.
• CBC said they had "won the night" with more viewers tuning in to
their broadcast in Canada than to Times Square with Ryan
Seacrest.
• Thank you to Serge Felicetti, the team at the Niagara Parks
Commission and great organizing committee.
b) Mayor Diodati extended condolences on the passing of Eric Spink,
retired City employee, from our Municipal Works Department.
Mayor Diodati also extended condolences on the passing of Alex Luey,
son of Cat Luey of our Finance Department stating that everyone has
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City Council
January 14, 2020
likely read about Alex's journey and that he is in a better place now. Our
community sends love to his family.
c) Mayor Diodati recognized the OPG Winter Festival of Lights as it came
to a close this past Sunday, January 12, 2019. Highlights of the
Festival: interactive displays/instagrammable/sharable lighting that
engaged the public in the festival.
d) Mayor Diodati recognized Councillor Pietrangelo for attending the 5th
Annual New Year's Levee at the Niagara Falls Armoury.
e) The next Council meeting is scheduled for Tuesday, January 28, 2020.
6. APPOINTMENTS / PRESENTATIONS
All speakers are reminded that they have a maximum of 5 minutes to make
their presentation.
6.1. Retirement Presentation - Sherman Zavitz, City Historian
Mayor Diodati recognized Sherman Zavitz, City of Niagara Falls' City
Historian, for his many years of service.
Mayor Diodati made the following presentation:
• Today—we say goodbye to our long-time official city historian,
Sherman Zavitz.
• This is actually a historic moment in itself, as Sherman has been
in this role since before 1995.
• We have been so fortunate to have had Sherman in this role,
acting as an ear for questions from residents, visitors, political
officials and history buffs of all kinds for more than 25 years.
• Sherman taught school for 35 years, mostly grades 4, 5 and 6 at
several Niagara Falls schools.
• Sherman has always been interested in Canadian history, in
particular the history of Niagara Falls and area.
• He has also been the official historian for the Niagara Parks
Commission for many years.
• He has been actively involved in many heritage organizations for
more than forty years, holding various positions including: past
president of the Lundy’s Lane Historical Society and past chair of
the City of Niagara Falls Board of Museums.
• Sherman served on both the Local Architectural Conservation
Authority Committee and on the Board for the Canadian Canal
Society.
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City Council
January 14, 2020
• Sherman is an accomplished and popular local history tour guide
and is frequently in demand as a speaker.
• He has hosted countless local walking tours, appeared frequently
on TV, films and radio and presented a series of historical
vignettes on the radio station CJRN.
• Being a local heritage expert, Sherman has written several
illustrated books about Niagara Falls.
• He also contributed to weekly local history columns called A
Niagara Note, for The Niagara Falls Review between 1991 and
2017.
• For more than 10 years, he produced a photo feature known as
Niagara Then & Now starting in 1994.
• According to Sherman, one of the highlights of his career was
being chief editor of a book that came out in 2004 called Images
of a Century, commemorating the City's 100th anniversary.
• Sherman’s contributions to the City of Niagara Falls have been
recognized both city-wide and provincially with volunteer service
awards for his commitment to furthering our knowledge and
appreciation of both this city and our region’s fascinating history.
• Sherman will be thanked and officially recognized by the
community at a public celebration at the Niagara Falls History
Museum on the evening of March 4th which I hope you all will
attend.
• At that time we look forward to presenting Sherman with a key to
the city of Niagara Falls.
• As well—I am pleased to announce that we will officially name
the theatre at the Museum, “The Sherman Zavitz Theatre!”
• Please join me in congratulating Sherman and thanking him for
all he has given to our community over these many years.
• Jim Diodati, Wayne Campbell, Carolynn Ioannoni, Vince Kerrio,
Victor Pietrangelo, Mike Strange, Wayne Thomson, and Chris
Dabrowski
o This board is hand-made at our very own Heartland Forest
in Niagara Falls.
o Many of you know that Heartland Forest is a special place
in our community
▪ uses natural and outdoor resources to educate
young people
▪ and especially provide a place where people with
special needs can get engaged, participate and
hone their skills in certain areas.
o The Heartland Forest woodworking shop is one of those
areas.
o We are so pleased to support that good work by
presenting gifts that are created at Heartland Forest.
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City Council
January 14, 2020
o For us they have a special meaning when they are made
there, also paying homage to the environment and Niagara
landscape around us using local wood and locally sourced
materials.
o Sherman, we hope you enjoy this gift made especially for
you – with the crest of Niagara Falls carved in the wood,
as a reminder of your fond days as our official historian.
6.2. Retirement Presentation - Kevin Dallman
Mayor Diodati recognized Niagara Falls native, Kevin Dallman on his
recent retirement from professional hockey.
Mayor Diodati made the following presentation:
• We are pleased to recognize Kevin Dallman today on his robust
and successful hockey career.
• Kevin recently retired from professional hockey.
• He played several seasons in the NHL for the Boston Bruins, St.
Louis Blues and LA Kings.
• Eventually he made the hard decision to leave the NHL and go
over to the KHL in Russia.
• In his first season there he beat all of the defensive records in the
league.
• He also made the All Start tream in the league for the next
several years.
• He was named captain of his team, the “Astana Barys” in
Kazakhstan.
• After 10 years in the KHL Kevin decided to retire and remains in
the top 10 all time point leaders in the KHL.
• Kevin played for the Niagara Falls Canucks back in 1996-1998
winning the Sutherland Cup.
• At this time we would like to present Kevin with a framed Niagara
Falls print, photographed by Niagara’s own Paul Augustino. Jim
Diodati, Wayne Campbell, Carolynn Ioannoni, Vince Kerrio, Victor
Pietrangelo, Mike Strange, Wayne Thomson, and Chris
Dabrowski
• Kevin—your community is proud of you and wish you all the best
in your retirement from professional hockey!
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6.3. Heart Niagara
Dr. Stafford Dobbin, Heart Niagara, updated Council on the Healthy
Heart Schools' Program and the 2020 Roaring Twenties Gala. The goal
of the Gala is to celebrate the contributions of Heart Niagara, showcase
the community profile while raising money for the delivery of the Healthy
Heart Schools' Program. The dollars raised through participation,
sponsorship and corporate patrons will be specifically invested in
strategies focused on residents in the Niagara Region and their families.
The 2020 Roaring Twenties Gala will be held on Friday, February 7,
2020 at the Americana Conference Resort Spa and Waterpark.
6.4. Austin, Texas Presentation - Community First program
Councillor Carolynn Ioannoni and Councillor Lori Lococo updated
Council on what they learned at the Texas workshop relating to the
Community First program.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Carolynn Ioannoni that Council designate a staff member with
a social lens to be specifically responsible for addressing and
researching the emerging needs of homelessness and housing
solutions.
Carried Unanimously
Resolution - Homelessness Funding (Moved up in agenda from
Item 9, 3rd resolution)
Councillor Lococo would like to propose the following resolution
regarding Homeless Funding provided from the Province.
ORDERED on the motion of Councillor Lori Lococo, Seconded by
Councillor Carolynn Ioannoni that the resolution be approved.
Carried Unanimously
Resolution - Homelessness Funding
17 - 18
7. REPORTS
7.1. TS-2020-06
Rainbow Crosswalk Request
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City Council
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The report recommends the following:
1. That Council approve the installation of a rainbow crosswalk at
the intersection of Queen Street and Erie Avenue on a single
approach (west side).
2. That Council approve the funding required to undertake this
request at the estimated cost of $14,000.
Resident Falynn Shaw addressed Council by speaking in favour of the
recommendation.
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Lori Lococo that Council refer the matter back to Staff to meet
with the Downtown BIA to cover half of the cost of the crosswalk on the
south side of the intersection of Queen Street and Erie Avenue and to
investigate alternative means of financing and report back to Council by
January 28, 2020. Furthermore, that Staff also continue to meet with
other BIA's for proposed locations and cost-sharing.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the
vote).
7.2. TS-2020-01
Bridgewater Street - Parking Review
Residents may wish to speak to the report
The report recommends the following:
1. expand the pavement width on Bridgewater Street between Dock
Street and the southwestern terminus of Bridgewater Street to the
City's local road standard of 8.0 metres by undertaking a full
width road rehabilitation with hot-mix asphalt. That the project
with anticipated costs of $330,000 be referred to the 2021 capital
budget deliberations.
2. Prohibit parking at all times on the southeast (residential side)
side of Bridgewater Street between Dock Street and the western
limit of Bridgewater Street including the entire turning basin at the
end of the street;
3. Prohibit drivers from parking in the parking areas established on
the river side near Sophia Avenue, except for vehicles that are
parked parallel and alongside Bridgewater Street;
4. Staff continue enforcing all existing parking bylaws.
The following residents addressed Council speaking to this matter:
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1) Peter Elia, of 4116 Bridgewater Street spoke in opposition to the
widening of the road and recommended that parking is allowed on the
house side of street.
2) Nathalie Boyd, of 3800 Bridgewater Street agrees that the street
needs to be addressed and that parking is an issue.
3) Paul Walker, of 4019 Main Street spoke in opposition to the widening
of the street.
4) Rob Booth, of 4104 Bridgewater Street agrees that parking should
be allowed on the river side of street.
5) Mary-Ann McKinley, of 4092 Bridgewater Street spoke addressing
the need for parking to be allowed on the river side of street.
6) Charles Aquilina, of 3892 Bridgewater Street spoke in opposition to
any road widening.
7) Randy Somerville, of Bridgewater Street spoke stating that he does
not see parking as a problem.
8) Natalie Boyd, of 3800 Bridgewater Street, addressed Council a
second time with a recommendation/proposed optio n of creating a one-
way street.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that Council refer Staff to come back with a
report considering comments raised by residents and to extend the
study area to include the northerly limit to Portage Road.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the
vote).
7.3. F-2020-03
2017 Consolidated Financial Statements
The report recommends for the information of Council.
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ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that the report be received and filed and
approved as recommended.
Carried Unanimously (Councillor Carolynn Ioannoni, Mayor Diodati and
Councillor Mike Strange was absent from the vote).
7.4. PBD-2020-07
AM-2018-023, Zoning By-law Amendment Application
5510-5526 & 5536 Ferry Street, 5916 Allendale Avenue & 5943
Stanley Avenue
Modifications to Previously Approved Mixed Use Development
Revised Proposal: 6 Storey Hotel (148 rooms), 7 Storey Mixed Use
Building (65 dwelling units and 893 square metres of commercial
floor space) & 30 Storey Apartment Building (285 dwelling units)
Applicant: La Pue International Inc. (Pawel Fugiel)
Agent: Michael Allen
The report recommends the following:
1. That subject to subsection 34(17) of the Planning Act, Council
determine that the changes to the proposed by-law for the
development are minor in nature and that no further notice is
necessary and pass the resolution regarding this matter included
in tonight's agenda; and
2. That Council pass the amending zoning by-law included in
tonight's agenda.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Wayne Campbell that the report be approved as
recommended.
Carried (Councillor Carolynn Ioannoni, Mayor Diodati, Councillor Mike
Strange and Councillor Chris Dabrowski were absent from the vote and
Councillor Thomson was opposed).
8. 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.
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City Council
January 14, 2020
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-2020-01
Fee Waiver Applications
Social and Racial Tolerance & The Book Riot
The report recommends that Council receive the Monthly Tax Receivables
report for information purposes.
F-2020-01
Monthly Tax Receivables Report – November
The report recommends that Council receive the Monthly Tax Receivables
report for information purposes.
F-2020-02
Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$25,073,267.43 for the period October 25, 2019 to December 4, 2019.
TS-2020-04
Ferguson Street – Parking Review
The report recommends that the existing 'No Parking' zone on the southeast
side of Ferguson Street from River Road to a point 19 metres southwest of
River Road be extended to a point 33 metres southwest of River Road.
TS-2020-05
Brady Street / Fairway Road @ Glengowan Crescent
Intersection Control Review
The report recommends that a stop sign facing westbound motorists on
Glengowan Crescent be installed at Brady Street/Fairway Road.
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ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor
Lori Lococo that the reports are approved as reco mmended.
Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Chris
Dabrowski was absent from the vote).
The following 3 reports were pulled from the Consent Agenda:
PBD-2020-01
AM-2017-021, Exemption Request to 2-Year
Waiting Period for Minor Variance
Legends Phase 3 Plan of Vacant Land Condominium
South Side of Weinbrenner Road East of Willoughby Drive
Applicant: 800460 Ontario Limited (Fred Costabile)
Agent: Upper Canada Consultants (Craig Rohe)
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 800460 Ontario Limited to file an application to the City's
Committee of Adjustment for their Plan of Vacant Land Condominium on the
subject lands.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Mike Strange that the report be approved as recommended and to
include the correspondence from resident Linda Manson by adding her letter to
Council to the minutes.
Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Chris
Dabrowski was absent from the vote).
Legends 2-year Exemption Request
19 - 21
TS-2020-02
Sarah Street, Ussher Street, Chipman Crescent,
Parkway Drive, Breadner Crescent
Parking Control Review
The report recommends that a 'No Parking' restriction be established on:
1. both sides of Sarah Street between Main Street and the eastern
terminus of Sarah Street;
2. the east side of Ussher Street between Sarah Street and Chipman
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City Council
January 14, 2020
Crescent;
3. the west side of Chipman Crescent between Sarah Street and Cattell
Drive;
4. the east side of Parkway Drive between Callan Street and Cattell Drive;
and
5. the west side of Breadner Crescent between Parkway Drive (north) and
Parkway Drive (south).
ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor
Mike Strange that the report be approved as recommended.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote).
TS-2020-03
Fingland Street – Speed Control Review
The report recommends the following:
1. That the speed control plan consisting of four (4) speed cushions on
Fingland Street between Drummond Road and Morrison Street be
approved;
2. That flexible delineators be installed to narrow the opening of Fingland
Street at Drummond Road;
3. That heavy vehicles be prohibited on Fingland Street between
Drummond Road and Morrison Street; and,
4. That construction of four (4) speed cushions and the installation of the
flexible delineators be referred to the 2021 Capital Budget deliberations.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the report be approved as recommended but
that recommendation #4 be changed to allow for the construction of four (4)
speed cushions and the installation of the flexible delineators be referred to the
2020 Capital Budget deliberations to be paid for out of the OLG funding or
other funds if available.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote).
9. RESOLUTIONS
Resolution - AM-2017-021, Exemption Request to 2-Year
Waiting Period for Minor Variance
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City Council
January 14, 2020
Legends Phase 3 Plan of Vacant Land Condominium
South Side of Weinbrenner Road East of Willoughby Drive
Applicant: 800460 Ontario Limited (Fred Costabile)
Agent: Upper Canada Consultants (Craig Rohe)
Resolution - AM-2018-023 -
Zoning By-law Amendment Application
5510-5526 & 5536 Ferry Street, 5916 Allendale Avenue & 5943 Stanley
Avenue
Modifications to Previously Approved Mixed Use Development
Revised Proposal: 6 Storey Hotel (148 rooms), 7 Storey Mixed Use
Building (65 dwelling units and 893 square metres of commercial floor
space) & 30 Storey Apartment Building (285 dwelling units)
Applicant: La Pue International Inc. (Pawel Fugiel)
Agent: Michael Allen
ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor
Wayne Campbell that the resolutions be approved.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the vote).
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. City of Stratford - Resolution in Support of Conservation
Authorities
Stratford City Council recently adopted a resolution in support of
continuation of programs of Ontario Conservation Authorities and
requesting the Ministry of Environment, Conservation and Parks give
clear direction regarding what is considered mandatory or non-
mandatory and how programs will be funded.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Victor Pietrangelo that Council receive and file the
correspondence for information.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the
vote).
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City Council
January 14, 2020
10.2. 2020 Niagara Icewine Festival
Niagara Grape & Wine Festival is requesting that the City declare their
new Icewine event, the "Snow Globe Soiree," taking place from January
16 through to February 16, 2020 as "municipally significant" in order to
assist with obtaining a Special Occasion permit from the AGCO.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Victor Pietrangelo that Council approve as recommended.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the
vote).
11. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
law listed for Council consideration.
2020-
1 -
A by-law to authorize the payment of $25,073,267.43 for General
Purposes.
2020-
2 -
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.
2020-
3 -
A by-law to amend By-law No. 79-200, to permit the development of
stacked townhouse dwellings and townhouse dwellings on the Lands
(AM-2019-009).
2020-
4 -
A by-law to designate Part of Lots 43, 44, 45 and 47 and Lots 46, 48, 49,
50, 51, 52, 61, 62, 63, 64 and 65, Plan 273, to be deemed not to be within a
registered plan of subdivision (DB-2020-001).
2020-
5 -
A by-law to authorize the execution of an Agreement with Canadian
Niagara Hotels Inc. pursuant to Section 37 of the Planning Act, R.S.O.
1990, c. P.13 respecting the provision of certain facilities, services and
matters by Canadian Niagara Hotels Inc. in return for an amendment to
By-law No.79-200.
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City Council
January 14, 2020
2020-
6 -
A by-law to amend By-law No. 79-200 to permit the construction of a 6
storey hotel, a 7 storey mixed use building and a 30 storey apartment
building on the Lands (AM-2018-023).
2020-
7 -
A by-law to authorize the execution of an Agreement with La Pue
International Inc. pursuant to Section 37 of the Planning Act, R.S.O.
1990, c. P.13 respecting the provision of certain facilities, services and
matters by La Pue International Inc. in return for an amendment to By-
law No.79-200.
2020-
8 -
A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 14th day of January, 2020.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the by-laws be read a first, second and
third time and passed.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the
vote).
12. RATIFICATION OF IN-CAMERA
None to report.
13. NEW BUSINESS
a) Mewburn Bridge
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Vince Kerrio that Staff address the speed limits on Mewburn
Road and consult with Niagara-on-the-Lake to do the same.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the
vote).
b) Coldest Night of the Year
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that Council request that the City puts together a
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City Council
January 14, 2020
team to sponsor the Coldest Night of the Year to be held on February
22, 2020.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the
vote).
14. ADJOURNMENT
a) Adjournment
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Wayne Campbell that the meeting be adjourned at 8:17 pm.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the
vote).
Mayor
City Clerk
Page 16 of 21
Page 25 of 377
The City of Niagara Falls, Ontario
Resolution
January 14, 2020
No.
Moved by:
Seconded by:
WHEREAS Niagara Regional government has recognized the needs of Niagara’s
homeless in this council’s strategic plan.
WHEREAS faced with growing service demands and inadequate funding, Niagara
Regional council has repeatedly placed a spotlight on these needs and additionally
increased its own funding to address local homelessness and poverty.
WHEREAS despite highlighting disparities, the current Provincial homelessness funding
formula has not evolved to address changing economic conditions across the province,
or reflect local need. Funding allocations should be aligned with a mix of indicators to
reflect community need, such as population, caseloads on social assistance (Ontario
Disability Support Program and Ontario Works), and deep core need as examples.
WHEREAS Niagara is similar to much of southern Ontario whereby our shelter system is
operating at over 100 per cent capacity consistently. However, where Niagara differs is
the significant change in our rental vacancy rates, putting increasing pressures on
shelters, as individuals and families cannot exit the system to affordable rental and
housing options. Specifically, vacancy rates that would support singles demonstrate a
significant challenge to find housing.
Primary Rental Market Vacancy Rates (Niagara Falls)
2015 2016 2017 2018
Bachelor unknown 0.0 0.0 unknown
1 Bedroom 2.0 3.6 1.8 unknown
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Note: unknown means insufficient or unreliable data for that type of unit for that period.
WHEREAS lower vacancy rates, combined with rising house prices and a significant
senior’s population, have further challenged the homelessness system in Niagara, along
with the community agencies that deliver support services in partnership with the Region.
THEREFORE BE IT RESOLVED That the City of Niagara Falls asks that the
homelessness funding be reviewed by the Provincial government as well as the Regional
Municipality of Niagara to align to local indicators of need (population, core housing,
social) through a realignment of existing funding, or through allocations of new/future
funding.
AND FURTHER that a copy of this resolution be sent to the Minister of Municipal Affairs
and Housing, Steve Clark, MPP Wayne Gates, MPP Sam Oosterhoff, MPP Jennie
Stevens, MPP Jeff Burch, Niagara Regional Council, Niagara Region Commissioner
Community Services Adrienne Jugley, Niagara Region Chair Jim Bradley, Niagara
Region Acting CAO Ron Tripp and all Local Area Municipalities of Niagara.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
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Page 27 of 377
TO: Wayne Campbell, Wayne Thomson cc: Victor Pietrangelo, Alex Herlovitz
RE: (Tonight) January 14th, 2020 Council Meeting
8. CONSENT AGENDA ...
PBD-2020-01 (pages 201 - 206)
AM-2017-021, Exemption Request to 2-Year Waiting Period for Minor Variance
Legends Phase 3 Plan of Vacant Land Condominium
I am writing to ask that you remove the above consent agenda item from the initial vote ...
In order to make a public correction — to ensure it does not happen again going forward.
I have no objection to staff recommendation to grant exemption of the 2-year waiting period for
Minor Variance (it’s only two months early); and no objection to sending the variance request to
the very capable Committee of Adjustment.
What I object to is what’s missing in two sections of the text and on the (2) maps:
SCHEDULE 2 - MAP (page 205):
The centre area between top and bottom PROVINCIALLY SIGNIFICANT WETLANDs ...
*Should be clearly marked: “TO BE PRESERVED PART OF EPA” in same size font as PSWs.
Instead, it is shown only as “PHASE 3” (which should be removed as misleading).
— The developer had every intention of developing this section on its initial application.
— We, the people, fought hard to save this vital interior forest.
— Council approved it as EPA on the Zoning By-Law.
— It is essential information to be considered in any decision making.
*Same applies to a smaller area in the lower right corner of this map.
SCHEDULE 3 - MAP (page 206)
Area below units 12-16 should be marked “TO BE PRESERVED PART OF EPA”
BACKROUND ... Proposal (First paragraph, 3rd-to-last line)
“Road while protecting a wetland (zoned EPA) and interior forest areas (to be preserved part of
EPA) on the parcel.” — needs to be added
ANALYSIS ... Second paragraph, 2nd line)
“ ... and from 6 metres to 3 metres (measured to an EPA zone) for units 11 13, 14 and 15...”
— needs to be added
Thank you for your attention to this, and best wishes to all for a great 2020.
Linda Manson
P.S. I am attaching the map sent with notification of the original public meeting on this request
(scheduled for the Jan 28th council meeting). Strangely, it included the EPAs.
Page 19 of 21
Page 28 of 377
SCHEDULE 1
1:1250
,
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N44.27ZO
S 545m
N2042570
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Nfir2710
W
11.34m
N4213351V
11.33m
it
Page 20 of 21
Page 29 of 377
Page 21 of 21
Page 30 of 377
1 Parking Services
Page 31 of 377
Index
PARKING SERVICES
PARKING BUDGET SUMMARY
PARKING LOT MAINTENANCE SERVICES
PARKING LOT #2 (PARK/ERIE)
PARKING LOT #3 (PARK/ST.CLAIR)
PARKING LOT #4 (ELLEN)
PARKING LOT #5 (COLLEGE/PALMER)
PARKING LOT #7 (HURON/ONTARIO)
PARKING LOT #8 (HURON/ST.CLAIR)
PARKING LOT #9 (HURON/ST.LAWRENCE)
PARKING LOT #10 (PARK/CRYSLER)
PARKING LOT #12 (SYLVIA PLACE)
PARKING LOT #13 (MAIN)
PARKING LOT #15 (MCGRAIL)
PARKING LOT #17 (VACANT)
PARKING LOT #18 (KITCHENER/VICTORIA)
PARKING LOT #19 (CITY HALL)
PARKING LOT #20 (BENDER/PALMER)
PARKING CONTROL SERVICES
Page 32 of 377
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2020 2019 $%
REVENUES
Fines 495,000 430,000 65,000 15.12%
Permits 150,280 140,600 9,680 6.88%
User Fees 836,540 788,100 48,440 6.15%
Miscellaneous Revenue 1,481,820 1,358,700 123,120 9.06%
TOTAL REVENUE 1,481,820 1,358,700 123,120 9.06%
EXPENSES
Labour 389,711 375,541 14,170 3.77%
Employee Benefits Allocation 119,226 128,364 (9,138)-7.12%
Overtime 1,500 1,500 0 0.00%
Labour and Benefits 510,437 505,405 5,032 1.00%
Materials 65,000 58,350 6,650 11.40%
Professional
Development/Workshops 1,200 1,200 0 0.00%
Insurance Premiums 574 374 200 53.48%
Conferences/Conventions 2,000 3,000 (1,000)-33.33%
Membership/Subscriptions 1,400 1,600 (200)-12.50%
Office Supplies 9,000 7,000 2,000 28.57%
Electricity 1,400 1,200 200 16.67%
Materials 80,574 72,724 7,850 10.79%
Contracted Services 402,000 416,000 (14,000)-3.37%
Snow Plowing 110,300 57,600 52,700 91.49%
Contracted Services 512,300 473,600 38,700 8.17%
Rents and Financial Expenses 141,000 106,500 34,500 32.39%
Internal Rent 63,135 71,640 (8,505)-11.87%
Indirect Costs 105,790 87,643 18,147 20.71%
Transfer to Capital 0 0 0 #DIV/0!
Transfer to Reserve Funds 68,584 41,188 27,396 66.51%
Transfer to Special Purpose
Reserves 0 0 0 #DIV/0!
Internal Transfers 237,509 200,471 37,038 18.48%
TOTAL EXPENSES 1,481,820 1,358,700 123,120 9.06%
(Surplus)/Deficit 0 0 0 #DIV/0!
Summary of Revenue and Expense
2020 PARKING BUDGET
1
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:15 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341000-??????To :17-4-341000-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341000-->PARKING MAINTENANCE SERVICES
3-->EXPENSE
17-3-341000-010000 LABOUR 331,162 319,048
17-3-341000-010013 EMPLOYEE BENEFITS ALLOCATION 100,343 109,217
17-3-341000-010016 OVERTIME 1,500 1,500
17-3-341000-030001 MATERIALS ITC 32,800 29,500
17-3-341000-030005 PROFESSIONAL DEVELOPMENT/WORKS 1,200 1,200
17-3-341000-030017 INSURANCE PREMIUMS 574 374
17-3-341000-030018 CONFERENCES/CONVENTIONS 2,000 3,000
17-3-341000-040001 CONTRACTED SERVICES ITC 98,000 130,000
17-3-341000-040007 SNOW PLOWING 45,000 0
17-3-341000-050001 RENTS AND FINANCIAL EXPENSES I 22,000 5,500
17-3-341000-080004 TO RESERVE FUND - PARKING MAIN 68,584 41,188
17-3-341000-090000 INTERNAL RENT 22,735 30,021
17-3-341000-090001 INDIRECT COSTS - PARKING MAINT 105,790 87,643
Total EXPENSE 831,688 758,191
4-->REVENUE
17-4-341000-680000 PERMITS -10,500 -10,500
17-4-341000-710000 USER FEES -515,000 -500,000
Total REVENUE -525,500 -510,500
PARKING MAINTENANCE SERVICES Surplus/Deficit 306,188 247,691
Total PARKING FUND 306,188 247,691
2
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:17 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341102-??????To :17-4-341102-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341102-->PARKING LOT #2 - PARK / ERIE
3-->EXPENSE
17-3-341102-030001 MATERIALS ITC 2,500 1,100
17-3-341102-040007 SNOW PLOWING 6,000 4,000
Total EXPENSE 8,500 5,100
4-->REVENUE
17-4-341102-680000 PERMITS -21,350 -19,000
17-4-341102-710000 USER FEES -3,700 -3,000
Total REVENUE -25,050 -22,000
PARKING LOT #2 - PARK / ERIE Surplus/Deficit -16,550 -16,900
Total PARKING FUND -16,550 -16,900
3
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:17 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341103-??????To :17-4-341103-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341103-->PARKING LOT #3 - PARK / ST CLAIR
3-->EXPENSE
17-3-341103-030001 MATERIALS ITC 3,000 3,000
17-3-341103-040007 SNOW PLOWING 4,500 4,000
Total EXPENSE 7,500 7,000
4-->REVENUE
17-4-341103-680000 PERMITS -13,260 -13,000
17-4-341103-710000 USER FEES -12,000 -11,000
Total REVENUE -25,260 -24,000
PARKING LOT #3 - PARK / ST CLAIR Surplus/Deficit -17,760 -17,000
Total PARKING FUND -17,760 -17,000
4
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:18 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341104-??????To :17-4-341104-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341104-->PARKING LOT #4 - ELLEN
3-->EXPENSE
17-3-341104-030001 MATERIALS ITC 7,800 7,800
17-3-341104-040007 SNOW PLOWING 5,000 5,000
Total EXPENSE 12,800 12,800
4-->REVENUE
17-4-341104-710000 USER FEES -135,000 -110,000
Total REVENUE -135,000 -110,000
PARKING LOT #4 - ELLEN Surplus/Deficit -122,200 -97,200
Total PARKING FUND -122,200 -97,200
5
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:19 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341105-??????To :17-4-341105-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341105-->PARKING LOT #5 - COLLEGE / PALMER
3-->EXPENSE
17-3-341105-030001 MATERIALS ITC 200 0
17-3-341105-040007 SNOW PLOWING 1,000 0
Total EXPENSE 1,200 0
4-->REVENUE
17-4-341105-710000 USER FEES -8,500 -7,000
Total REVENUE -8,500 -7,000
PARKING LOT #5 - COLLEGE / PALMER Surplus/Deficit -7,300 -7,000
Total PARKING FUND -7,300 -7,000
6
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:20 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341107-??????To :17-4-341107-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341107-->PARKING LOT #7 - HURON / ONTARIO
3-->EXPENSE
17-3-341107-030001 MATERIALS ITC 700 700
17-3-341107-040007 SNOW PLOWING 4,100 3,600
Total EXPENSE 4,800 4,300
4-->REVENUE
17-4-341107-680000 PERMITS -11,350 -10,000
Total REVENUE -11,350 -10,000
PARKING LOT #7 - HURON / ONTARIO Surplus/Deficit -6,550 -5,700
Total PARKING FUND -6,550 -5,700
7
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:20 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341108-??????To :17-4-341108-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341108-->PARKING LOT #8 - HURON / ST CLAIR
3-->EXPENSE
17-3-341108-030001 MATERIALS ITC 400 550
17-3-341108-040007 SNOW PLOWING 5,000 4,500
Total EXPENSE 5,400 5,050
4-->REVENUE
17-4-341108-680000 PERMITS -13,350 -13,000
Total REVENUE -13,350 -13,000
PARKING LOT #8 - HURON / ST CLAIR Surplus/Deficit -7,950 -7,950
Total PARKING FUND -7,950 -7,950
8
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:21 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341109-??????To :17-4-341109-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341109-->PARKING LOT #9 - HURON / ST LAWRENCE
3-->EXPENSE
17-3-341109-030001 MATERIALS ITC 500 1,000
17-3-341109-040007 SNOW PLOWING 4,000 3,500
Total EXPENSE 4,500 4,500
4-->REVENUE
17-4-341109-680000 PERMITS -5,000 -1,000
17-4-341109-710000 USER FEES -400 -700
Total REVENUE -5,400 -1,700
PARKING LOT #9 - HURON / ST LAWRENCE Surplus/Defic -900 2,800
Total PARKING FUND -900 2,800
9
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:22 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341110-??????To :17-4-341110-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341110-->PARKING LOT #10 - PARK / CRYSLER
3-->EXPENSE
17-3-341110-030001 MATERIALS ITC 1,400 1,400
17-3-341110-040007 SNOW PLOWING 8,000 6,000
Total EXPENSE 9,400 7,400
4-->REVENUE
17-4-341110-680000 PERMITS -5,150 -6,000
17-4-341110-710000 USER FEES -3,400 -3,100
Total REVENUE -8,550 -9,100
PARKING LOT #10 - PARK / CRYSLER Surplus/Deficit 850 -1,700
Total PARKING FUND 850 -1,700
10
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:25 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341112-??????To :17-4-341112-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341112-->PARKING LOT #12 - SYLVIA PLACE
3-->EXPENSE
17-3-341112-030001 MATERIALS ITC 2,000 2,000
17-3-341112-040007 SNOW PLOWING 4,500 4,500
Total EXPENSE 6,500 6,500
4-->REVENUE
17-4-341112-680000 PERMITS -24,250 -24,000
17-4-341112-710000 USER FEES -7,000 -10,000
Total REVENUE -31,250 -34,000
PARKING LOT #12 - SYLVIA PLACE Surplus/Deficit -24,750 -27,500
Total PARKING FUND -24,750 -27,500
11
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:25 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341113-??????To :17-4-341113-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341113-->PARKING LOT #13 - MAIN
3-->EXPENSE
17-3-341113-030001 MATERIALS ITC 500 500
17-3-341113-040007 SNOW PLOWING 4,000 4,000
Total EXPENSE 4,500 4,500
4-->REVENUE
17-4-341113-680000 PERMITS -800 -1,100
17-4-341113-710000 USER FEES -1,040 -800
Total REVENUE -1,840 -1,900
PARKING LOT #13 - MAIN Surplus/Deficit 2,660 2,600
Total PARKING FUND 2,660 2,600
12
Page 44 of 377
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:26 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341115-??????To :17-4-341115-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341115-->PARKING LOT #15 - McGRAIL
3-->EXPENSE
17-3-341115-030001 MATERIALS ITC 500 500
17-3-341115-040007 SNOW PLOWING 2,500 2,500
Total EXPENSE 3,000 3,000
4-->REVENUE
17-4-341115-680000 PERMITS -9,170 -9,000
Total REVENUE -9,170 -9,000
PARKING LOT #15 - McGRAIL Surplus/Deficit -6,170 -6,000
Total PARKING FUND -6,170 -6,000
13
Page 45 of 377
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:26 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341117-??????To :17-4-341117-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341117-->PARKING LOT #17 - MORRISON STREET
3-->EXPENSE
17-3-341117-030001 MATERIALS ITC 1,000 1,000
17-3-341117-040007 SNOW PLOWING 4,200 3,500
Total EXPENSE 5,200 4,500
4-->REVENUE
17-4-341117-680000 PERMITS -24,000 -22,000
Total REVENUE -24,000 -22,000
PARKING LOT #17 - MORRISON STREET Surplus/Deficit -18,800 -17,500
Total PARKING FUND -18,800 -17,500
14
Page 46 of 377
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:27 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341118-??????To :17-4-341118-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341118-->PARKING LOT #18 - KITCHENER / VICTORIA
3-->EXPENSE
17-3-341118-030001 MATERIALS ITC 1,500 1,500
17-3-341118-030008 ELECTRICITY ITC 1,400 1,200
17-3-341118-040007 SNOW PLOWING 5,000 5,000
17-3-341118-050001 RENTS AND FINANCIAL EXPENSES I 60,000 30,000
Total EXPENSE 67,900 37,700
4-->REVENUE
17-4-341118-710000 USER FEES -85,000 -75,000
Total REVENUE -85,000 -75,000
PARKING LOT #18 - KITCHENER / VICTORIA Surplus/Def -17,100 -37,300
Total PARKING FUND -17,100 -37,300
15
Page 47 of 377
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:28 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341119-??????To :17-4-341119-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341119-->PARKING LOT #19 - CITY HALL
3-->EXPENSE
17-3-341119-030001 MATERIALS ITC 1,800 1,800
17-3-341119-040007 SNOW PLOWING 5,000 5,000
Total EXPENSE 6,800 6,800
4-->REVENUE
17-4-341119-680000 PERMITS -12,100 -12,000
17-4-341119-710000 USER FEES -8,000 -7,500
Total REVENUE -20,100 -19,500
PARKING LOT #19 - CITY HALL Surplus/Deficit -13,300 -12,700
Total PARKING FUND -13,300 -12,700
16
Page 48 of 377
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:28 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341120-??????To :17-4-341120-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341120-->PARKING LOT #20 - BENDER / PALMER
3-->EXPENSE
17-3-341120-030001 MATERIALS ITC 3,000 600
17-3-341120-040007 SNOW PLOWING 2,500 2,500
Total EXPENSE 5,500 3,100
4-->REVENUE
17-4-341120-710000 USER FEES -50,000 -50,000
Total REVENUE -50,000 -50,000
PARKING LOT #20 - BENDER / PALMER Surplus/Deficit -44,500 -46,900
Total PARKING FUND -44,500 -46,900
17
Page 49 of 377
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 19, 2020 Time :2:29 pm
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-342005-??????To :17-4-342005-??????
2020 2019
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
342005-->PARKING CONTROL SERVICES
3-->EXPENSE
17-3-342005-010000 LABOUR 58,549 56,493
17-3-342005-010013 EMPLOYEE BENEFITS ALLOCATION 18,883 19,147
17-3-342005-030001 MATERIALS ITC 5,400 5,400
17-3-342005-030034 MEMBERSHIP/SUBSCRIPTIONS 1,400 1,600
17-3-342005-030035 OFFICE SUPPLIES 9,000 7,000
17-3-342005-040001 CONTRACTED SERVICES ITC 304,000 286,000
17-3-342005-050001 RENTS AND FINANCIAL EXPENSES I 59,000 71,000
17-3-342005-090000 INTERNAL RENT 40,400 41,619
Total EXPENSE 496,632 488,259
4-->REVENUE
17-4-342005-710000 USER FEES -7,500 -10,000
17-4-342005-730001 FINES -495,000 -430,000
Total REVENUE -502,500 -440,000
PARKING CONTROL SERVICES Surplus/Deficit -5,868 48,259
Total PARKING FUND -5,868 48,259
18
Page 50 of 377
January 28, 2020
City of Niagara Falls
2020 Parking Budget
Page 51 of 377
A GREAT CITY…FOR GENERATIONS TO COME
2020 Parking Budget Overview
•Review of 2020 proposed revenues and expenditures by
object code
•Review of 2020 proposed Surplus/(Deficit) by Responsibility
Centre
•Update on new and ongoing parking initiatives
Page 52 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Parking Budget Comparison –Revenues
Revenues 2020 2019
Increase/
(Decrease)
$
Increase/
(Decrease)
%
Fines 495,000 430,000 65,000 15.12
Permits 150,280 140,600 9,680 6.88
User Fees 836,540 788,100 48,440 6.15
Total $ 1,481,820 $ 1,358,700 $ 123,120 9.06%Page 53 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Parking Budget Comparison –Expenses
Expenditures 2020 2019
Increase/
(Decrease)
$
Increase/
(Decrease)
%
Salaries & Wages 389,711 375,541 14,170 3.77
Employee Benefits 119,226 128,364 (9,138)(7.12)
Overtime 1,500 1,500 0 0.00
Materials 80,574 72,724 7,850 10.79
Contract Services 512,300 473,600 38,700 8.17
Rents & Financials 141,000 106,500 34,500 32.39
Transfer to
Reserves 68,584 41,188 27,396 66.51
Internal Transfers 168,925 159,283 9,642 6.05
Total $ 1,481,820 $ 1,358,700 123,120 9.06%Page 54 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Parking Budget Comparison –By Responsibility Centre
Responsibility Centre
Surplus/
(Deficit)
2020
Surplus/
(Deficit)
2019
Change
$
Change
%
Parking Maintenance (306,188)(247,691)(58,497)23.62%
Lot 2 (Park/Erie)16,550 16,900 (350)-2.07%
Lot 3 (Park/St.Clair)17,760 17,000 760 4.47%
Lot 4 (Ellen)122,200 97,200 25,000 25.72%
Lot 5 (College/Palmer)7,300 7,000 300 4.29%
Lot 7 (Huron/Ontario)6,550 5,700 850 14.91%
Lot 8 (Huron/St. Clair)7,950 7,950 0 0.00%
Lot 9 (Huron/St. Lawrence)900 (2,800)3,700 -132.14%
Lot 10 (Park/Crysler)(850)1,700 (2,550)-150.00%
*** Continued on next slide ***Page 55 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Parking Budget Comparison –By Responsibility Centre
Responsibility Centre
Surplus/
(Deficit)
2020
Surplus/
(Deficit)
2019
Change
$
Change
%
Lot 12 (Sylvia Place)24,750 27,500 (2,750)-10.00%
Lot 13 (Main)(2,660)(2,600)(60)2.31%
Lot 15 (McGrail)6,170 6,000 170 2.83%
Lot 17 (Morrison)18,800 17,500 1,300 7.43%
Lot 18 (Kitchener/Victoria)17,100 37,300 (20,200)-54.16%
Lot 19 (City Hall)13,300 12,700 600 4.72%
Lot 20 (Bender/Palmer)44,500 46,900 (2,400)-5.12%
Parking Control Services 5,868 (48,259)54,127 -112.16%
Total $ 0 $ 0 $0
Page 56 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Parking Initiatives Update
Modification
of Rates
•Alignment of parking rates and hours of
operation to better address area demands
and needs
•Extension of parking rates & time at hospital
(from 2 hrs to 3 hrs)
•Main street rates to match Queen street
($2/hr)
Increase of
fines
•Adjust fine amounts to match
municipal fine trends and
enforcement deterrent needs
Adjustments proposed as of July 1, 2020 (to be confirmed in the Schedule of Fees):Page 57 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Parking Initiatives Update
Honk
Mobile
•Honk Mobile continues to be well
received by the public with a 48%
increase in usage from 2018 to
2019
Paymentus
•Implementation of Paymentus for
online parking ticket payments
reduces overall cost to the
municipality on service fees
Page 58 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
1.That Council approve the 2020 proposed parking
budget as presented
Page 59 of 377
MW-2020-01
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Municipal Works
SUBJECT: MW-2020-01
Confirmation of Niagara Falls Enhanced and Optional
Enhanced Collection Services for Niagara Region’s New Waste
Management Collection Contract
RECOMMENDATION
1. That Council provide feedback to the Regional Municipality of Niagara per their request
regarding Enhanced and Optional Enhanced Collection Services pertaining to the new
Regional Waste Collection Contract.
2. That Council consider the Staff recommendation for Enhanced and Optional Enhanced
Collection Services as follows, and as further described in Report MW-2020-01:
Recommended
Option 1A – Public Space Litter Bin Collection (Partial-Year Daily)
Option 2A – Public Space Recycling Bin Collection (Partial-Year Daily)
Option 3 – Seven (7) Curbside Garbage Containers per Property, per Week, for Industrial,
Commercial & Institutional (ICI) and Mixed-Use (MU) Properties Inside DBAs
Option 4 – Eight (8) Additional Curbside Containers per Property, per Week for Food &
Lodging Properties only Inside DBAs
Not Recommended
Alternative 1 – Public Space Litter Bin Collection (Full-Year Daily)
Alternative 2 – Public Space Recycling Bin Collection (Full-Year Daily)
Option 5 – Containerized Garbage Collection at MR and MU Properties
Option 6 – Six (6) Garbage Containers per Property, per Week, for MU Properties outside
of DBAs
Option 7 – Bulky Goods Collection at MR and MU Properties
Option 8 – In-Ground Collection at MR, ICI, and MU Properties
EXECUTIVE SUMMARY
Niagara Region has obtained pricing for their new Waste Collection Contract commencing
October 19, 2020 from the awarded vendor (Miller Waste Systems Inc.) who will be servicing the
Page 60 of 377
2
MW-2020-01
January 28, 2020
City of Niagara Falls. Included in the pricing request were the City’s requested Enhanced and
Optional Enhanced Services as identified by the motion of Council made on February 12, 2019.
This report summarizes the details of the pricing request in comparison with the current (2019)
prices. Staff are recommending to proceed with four (4) options for a cost savings of $178,619.98
annually including net HST ( submitted price 100,552.01$ vs. $279,171.99 current price)
compared to the current pricing.
Alternatives to Public Space Litter Bin and Recycling Bin Collection were also considered that
included continuation of every-day pickup in off-peak periods (Mid-October to Mid-May) as
opposed to weekly pickup during these times. These alternatives could result in an increase
totalling $58,130.88 including net HST. Staff do not believe that this level of service for public
space litter and recycling collection is warranted at this time.
Four (4) additional options are furthermore not recommended by Staff, totalling $338,289.85
including net HST, plus additional per-stop costs which are presently unknown.
Niagara Region is requesting confirmation of the City’s Enhanced and Optional Enhanced
Collection Services no later than January 31, 2020.
BACKGROUND
At the Council meeting held on January 15, 2019 staff from the Regional Municipality of Niagara
presented information to Council regarding the consultation process that has been undertaken to
assist the Region with preparing the Request for Proposal (RFP) regarding the 2021 Waste
Collection contract.
The Region consequently requested feedback from the local area municipalities. A resolution
was made by Council on February 12, 2019 in conjunction with report MW-2019-06 requesting
the Region to explore a number of enhanced services.
Confirmation of the City’s Enhanced and Optional Enhanced Collection Services is required to be
provided to the Region by January 31, 2020.
ANALYSIS/RATIONALE
Enhanced and Optional Enhanced Collection Services requested by the City have been priced
by the awarded Waste Collection vendor, Miller Waste Systems Inc. Details of the pricing
submission can be found in the Region’s letter to the City, dated December 10, 2019, included as
an attachment to this report.
For ease of understanding, the options and alternatives have been numbered and broken down
into three distinct categories:
Public Space Collection Inside and Outside Designated Business Areas (DBAs);
Collection Inside DBAs Only; and
Collection at Mixed-Use (MU), Multi-Residential (MR), and Industrial, Commercial, and
Institutional Use (ICI) Properties.
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3
MW-2020-01
January 28, 2020
The following tables outline the details of the services and the pricing structure. Prices shown are
for the first year of pricing for the new contract, including net HST but exclude diesel fuel price
adjustment which will be made at the commencement date. Annually thereafter, starting one (1)
year after the commencement date, per annum prices are subject to a Consumer Price Index
(CPI) adjustment and diesel fuel adjustment.
Option Description Current 2019
Annual Price
Submitted
Annual
Price
Public Space Collection Inside and Outside Designated Business Areas (DBAs)
1 Litter Bin Collection (Year-Round Daily)
i) All year round collection, 7 days-per-week
inside Mainline DBAs (Lundy’s Lane, Clifton Hill,
and Victoria Avenue)
- 5:00am to 8:00am collection including
second pass-through inside Mainline DBAs
ii) All year round collection, 1 day-per-week,
outside Mainline DBAs and Chippawa DBA
- 7:00am collection start
$153,180.62 $ 102,120.31
256 Bins
- or -
1A Litter Bin Collection (Partial-Year Daily)
Same as above (Option 1) except only 1 day-per-
week inside Mainline DBAs between Mid-October
and Mid-May.
N/A $50,881.09
2 Recycling Bin Collection (Year-Round Daily)
i) All year round collection, 7 days-per-week
inside Mainline DBAs (Lundy’s Lane, Clifton Hill,
and Victoria Avenue)
- 5:00am to 8:00am collection including
second pass-through inside Mainline DBAs
ii) All year round collection, 1 day-per-week,
outside Mainline DBAs and Chippawa DBA
- 7:00am collection start
$3,019.64 $ 23,823.94
46 Bins
- or -
2A Recycling Bin Collection (Partial-Year Daily)
Same as above (Option 2) except only 1 day-per-
week inside Mainline DBAs between Mid-October
and Mid-May.
N/A $ 16,932.28
Curbside Garbage Collection Inside DBAs Only
3 Seven (7) Curbside Garbage Containers per
Property, per Week, for Industrial,
Included in
Base
$ 16,369.32
Page 62 of 377
4
MW-2020-01
January 28, 2020
Option Description Current 2019
Annual Price
Submitted
Annual
Price
Commercial & Institutional (ICI) and Mixed-
Use (MU) Properties Inside DBAs
i) Additional three (3) containers above base
allowance of four (4).
ii) Collect one (1) day-per-week, on designated
collection day (i.e. Chippawa and Lundy’s Lane
DBAs (Monday); Clifton Hill/Victoria Ave., Main
Street, and Queen Street DBAs (Friday)).
- 5:00am collection start inside Clifton
Hill/Victoria Ave DBA
- 7:00am collection start inside Chippawa,
Lundy’s Lane and Main Street DBAs
- 9:30am collection start inside Queen St DBA
4 Eight (8) Additional Curbside Garbage
Containers per Property, per Week for Food &
Lodging Properties only Inside DBAs
i) Collect one (1) day-per-week, on designated
collection day (i.e. Chippawa and Lundy’s Lane
DBAs (Monday); Clifton Hill/Victoria Ave., Main
Street, and Queen Street DBAs (Friday)).
ii) Collect additional eight (8) garbage containers
above the Enhanced limit of seven (7), for a
maximum of fifteen (15) garbage containers per
property.
iii) Applies to food and lodging properties only
inside DBAs (excluding Chippawa DBA) between
Victoria Day Weekend and Thanksgiving Day
only.
$ 8,561.59 $ 16,369.32
Only
applicable if
Option 3 is
also
selected
Collection at Mixed-Use (MU), Multi-Residential (MR), and Industrial, Commercial, and
Institutional Use (ICI) Properties
5 Containerized Garbage Collection at MR and
MU Properties
i) Collection frequency varies by location (i.e.
Monday, Thursday, or Monday and Thursday)
$ 114,410.14
$ 198,876.49
211 Bins
6 Six (6) Garbage Containers per Property, per
Week, for MU Properties outside of DBAs
i) Additional two (2) garbage containers above
base allowance of four (4).
Included in
Base
$ 10,912.87
Page 63 of 377
5
MW-2020-01
January 28, 2020
Option Description Current 2019
Annual Price
Submitted
Annual
Price
ii) Collect one (1) day-per-week, on designated
collection day.
7 Bulky Goods Collection at MR and MU
Properties
i) Every-other-week call-in curbside collection of
designated bulky goods from MR buildings with
seven (7) or more units and MU properties with
one (1) or more residential unit, which receive the
Region’s Base curbside collection of garbage OR
containerized garbage collection service.
N/A $ 128,500.49
8 In-Ground Collection at MR, ICI, and MU
Properties
i) Collect garbage, Blue and Grey Box/Cart, and
Green Bin/Cart materials from in-ground
containers (for example, MOLOK, Earth Bins) at
MR, ICI and MU properties, public space litter,
and recycling bins.
N/A $ 76.32 per
stop
(crane)
$ 55.97 per
stop
(front-end)
Niagara Region has confirmed that even though options may not be considered for
implementation at the start of the new contract, they may still be contemplated for future years,
subject to annual Consumer Price Index (CPI) escalations.
Staff provide the following analysis and recommendations on the options.
Options 1, 1A, 2, 2A – Public Space Litter Bin and Recycling Collection
Options 1, 1A, 2, and 2A are for the collection of 256 public space litter bins and 46 public space
recycling bins located in the Lundy’s Lane, Clifton Hill, Victoria Avenue, and Chippawa DBAs, as
well as locations outside of distinct DBAs.
Niagara Region Staff have advised that currently collection is completed year round at all
locations on the following schedule: seven (7) days-per-week inside the Lundy’s Lane, Clifton Hill
and Victoria Avenue DBAs, and one (1) day per week in the Chippawa DBA and locations outside
of DBAs. This comes as a surprise to City Staff, given that collection performance is poor during
off-peak seasons and does not appear to be collected daily. Nevertheless, performing daily
collection year-round will result in a net reduction in cost of $30,256.01, including net HST
($125,944.25 submitted price vs. $156,200.26 current price).
An alternative pricing structure was also requested in the Lundy’s Lane, Clifton Hill and Victoria
Avenue DBAs whereby seven (7) days-a-week collection would be scaled back to one (1) day-
per-week collection between Mid-October and Mid-May. All other collection would remain the
same, and periodic over-flow collection would be supplemented by City Staff as is presently the
case. This alternative would results in a further potential cost savings of $58,130.88, including
net HST.
Page 64 of 377
6
MW-2020-01
January 28, 2020
Staff recommend proceeding with Options 1A and 2A for service levels including daily collection
during the peak tourist season, and weekly collection during off-peak tourist season. Despite the
Region’s admissions, this options reflects current service level and there does not appear to be a
need nor financial incentive to increase collection frequency during winter months.
Option 3 – Seven (7) Curbside Garbage Containers per Property, per Week, for ICI and MU
properties Inside DBAs.
The new Regional waste collection contract has reduced the base level of service from seven (7)
garbage containers to four (4) garbage containers per week at ICI and MU properties inside DBAs.
Option 3, for $16,369.32, including net HST, is the additional cost to maintain service levels at
seven (7) garbage containers per week.
The decrease in the base garbage container limit to four (4) was not supported by some BIA’s,
and a review of survey responses indicated only 58% of responding properties could manage with
this change. Staff recommend confirming Option 3 in order to maintain the current service levels.
Option 4 - Eight (8) Additional Curbside Containers per Property, per Week for Food & Lodging
Properties only Inside DBAs
Between Victoria Day and Thanksgiving Day, an increase in the allowable curbside containers
from seven (7) to fifteen (15) is allowed for Food and Lodging properties only inside the Lundy’s
Lane, Clifton Hill/Victoria Ave., Main Street, and Queen Street DBAs. The additional cost to
maintain this service level is $7,807.73, including net HST ($16,369.32 submitted price vs.
$8,561.59 current price).
Staff recommend confirming Option 4 in order to maintain the current service levels. This option
is only applicable provided that Option 3 is also approved.
Option 5 - Containerized Garbage Collection at MR and MU Properties
A total of 211 front-end garbage containers are being collected at multi-residential) and mixed-
use properties. (155 containers at 110 apartments, and 56 containers at 36 condos).
Within the Niagara Region, the City is unique due to the fact that it is the only large Municipality
to include collection of containers/dumpsters at apartments within the scope of enhanced
services. Discontinuing this service will require these property owners to appropriately obtain a
private collection service, at their own cost.
The submitted annual cost to provide this service is $198,876.49, including net HST, which pro-
rated equates to $146,094.10 for service at apartments, and $52,782.39 for service at
condominiums. Compared to the 2019 pricing of $114,410.14 including net HST, the increase
cost to provide this service is calculated to be $84,466.35 annually.
Staff recommend discontinuing collection of this service given the significant increase in cost, and
given that the properties receiving this service are operating as businesses or condominiums
whom each have the ability to obtain independent collection services and implement user-pay
systems.
Option 6 - Six (6) Garbage Containers per Property, per Week, for MU Properties outside of DBAs
Page 65 of 377
7
MW-2020-01
January 28, 2020
The new base collection level of service has decreased from six (6) containers to four (4)
containers per property, per week, for mixed-use properties located outside of DBAs. The
additional cost to maintain current service levels (i.e. the collection of two (2) additional garbage
containers per week) has been submitted at $10,912.87, including net HST.
Previously presented survey results indicated that the average number of garbage containers
placed out per week at MU properties outside DBAs across the City is 2.1. Therefore, Staff do
not recommend proceeding with this option.
Option 7 - Bulky Goods Collection at MR and MU Properties
The Regional contract has included pricing for a new enhanced service for every-other-week, call-
in collection of designated bulky goods (i.e. appliances, furniture, carpet, etc.) at multi-residential
with seven (7) or more units and mixed use properties with one (1) or more residential unit.
Currently this service is only available to single family homes and apartment buildings of 2 to 6
units.
This option would apply to a total of 229 properties, only where Regional collection is also provided
at MR and MU properties. Accordingly, this option is linked to option 5 and under present
circumstances would include:
Curbside MR with 7+ residential units = 140 (4,876 res. Units)
Curbside MU with one or more residential unit = 89 (152 Units)
The annual cost to implement this option is $128,500.49, including net HST. Given that the need
for this increase in service level has not been demonstrated, and given the significant cost, Staff
do not recommend proceeding with this option.
Option 8 - In-Ground Collection at MR, ICI, and MU Properties
Niagara Region’s new contract cost, including net HST, to provide collection of garbage, recycling
and organics collection of in-ground containers (e.g. MOLOK, Earth Bins, etc) at all locations,
including MR, ICI, MU, and Public Spaces would be $76.32 per stop for crane collection or $55.97
per stop for front-end collection. Collection method (crane or front-end) would depend on the in-
ground container.
Currently, owners/operators utilizing in-ground bins must arrange for collection through private
service providers. At this time the number of in-ground bins is unknown, and therefore, the
potential annual cost is unknown.
Staff do not recommend an increase in service levels, nor a municipal subsidy for in-ground
collection.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Niagara Region has received requested enhanced and optional-enhanced pricing for the new
contract totaling per year 496,972.74$ , including net HST. Of the various enhanced options
provided, Staff recommend confirming four (4) options, for a total of $100,552.01 in enhanced
services per year. These options represent an annual cost savings of $178,619.98 when
compared to current pricing of $279,171.99 per year.
Page 66 of 377
8
MW-2020-01
January 28, 2020
The options presented in this report reflect collection costs only. The selection of enhanced
options will consequently dictate the costs related to waste disposal, which is calculated based
on the volume of material collected from these options. Should Council desire to collect more
waste utilizing enhanced or optional-enhanced pricing, additional costs beyond what is presented
in this report will result from the corresponding additional disposal costs as well.
CITY’S STRATEGIC COMMITMENT
Staff recommendations in this report have considered the 2019-2022 Strategic Priorities by
balancing the objectives of maintaining a Healthy, Safe and Liveable Community with
Affordability.
ATTACHMENTS:
1. December 10 Letter from Niagara Region.
Recommended by:
Erik Nickel, Director of Municipal Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Erik Nickel
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Presentation by Erik Nickel, Director of Municipal
Works/City Engineer - January 28, 2020
2020 REGIONAL WASTE COLLECTION
ENHANCED OPTIONS
1 Page 77 of 377
A GREAT CITY…FOR GENERATIONS TO COME
2020 REGIONAL WASTE COLLECTION
ENHANCED OPTIONS
Presentation Overview
•Background
•Public Space Options
•Designated Business Area (DBA) Options
•Mixed-Use (MU), Multi-Residential (MR) and other
Non-Residential Options
•Recommendations and Financial Implications
2 Page 78 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•New Contract is Starting on Oct 19, 2020
•Decisions on options must be provided to the
Region by Jan 31, 2020.
•Options Priced per Council’s Direction
•<2019 Public/Stakeholder Consultation
•Jan 15, 2019 Presentation to Council
•Feb 12, 2019 Resolution of Council
•Collection Only. Disposal is Extra
Background
3 Page 79 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Public Space Options
4 Page 80 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•Option 1 and 2 – Public Space Litter and Recycling Bin
Collection
•Year-Round Collection
•256 Litter Bins
•46 Recycling Bins
•7-days per week inside Lundy’s Lane, Clifton Hill and Victoria Ave
DBA’s (5am to 8am)
•1-day per week elsewhere – Chippawa DBA, and outside DBA’s
(7am)
•2019 Pricing = $153,180.62 garbage + $3,019.64 recycling
•Submitted = $102,120.31 garbage + $23,823.94 recycling
Public Space Options
5 Page 81 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•Option 1A and 2A – Public Space Litter and Recycling
Bin Collection (Partial-Year Daily)
•Reflects Current Practice - Same as Options 1 and 2 except:
•Mid-May to Mid-October (peak season):
•7-days per week inside Lundy’s Lane, Clifton Hill and Victoria
Ave DBA’s (5am to 8am)
•Mid-October to Mid-May (off-peak season)
•1-day per week inside Lundy’s Lane, Clifton Hill and Victoria
Ave DBA’s (5am to 8am)
•Submitted = $50,881.09 garbage + $16,932.28 recycling
•Net Savings of $58,130.88 vs Options 1 and 2
Public Space Options
6 Page 82 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Designated Business Area (DBA) Options
7 Page 83 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•Option 3 – Seven (7) Curbside Garbage Containers per
week for Non-Residential properties inside DBAs
•Base Allowance has changed from seven (7) containers to four (4)
containers.
•Optional pricing is for additional three (3) containers
•Collection remains weekly, one (1) day-per-week
•Weekday pickup and start times vary by DBA
•Although surveys indicated that container limits were seldom
exceeded, decrease from seven (7) to four (4) bags was not
supported by some BIA’s
•2019 Pricing = included in base
•Submitted = $16,369.32
Designated Business Area (DBA) Options
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A GREAT CITY…FOR GENERATIONS TO COME
•Option 4 – Eight (8) Additional Curbside Containers per
week for Food and Lodging Properties inside DBAs
•Add-On to Option 3
•Only Applicable between Victoria Day and Thanksgiving Day
•Only Applicable inside the Lundy’s Lane, Clifton Hill/Vitoria Ave,
Main Street and Queen Street DBAs
•Optional pricing increases the allowable containers from seven (7)
to fifteen (15).
•2019 Pricing = $8,561.59
•Submitted = $16,369.32
Designated Business Area (DBA) Options
9 Page 85 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Non Single-Residential Options
10
MU, MR and ICI Options
Mixed Use (MU)
Multi-Residential (MR)
Institutional, Commercial
and Industrial (ICI) Page 86 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•Option 5 – Container (Dumpster) Garbage Collection at
Multi-Residential and Mixed-Use Properties (>6 Units)
•Front-End (Dumpster) Collection of 211 Containers
•155 Multi-Residential Apartment Containers (110 properties)
•56 Multi-Residential Condominium Containers (36 properties)
•Niagara Falls is one of the only Municipalities including container
pickup at “for-profit” Apartment Properties
•2019 Pricing = $114,410.14
•Submitted = $198,876.49
Non Single-Residential Options
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A GREAT CITY…FOR GENERATIONS TO COME
•Option 6 – Six (6) Garbage Containers per Property, per
Week, for Multi-Use Properties Outside of DBAs
•Base Allowance has changed from six (6) containers to four (4)
containers.
•Optional Pricing is for two (2) additional containers.
•Applies to Mixed-Use Properties outside of DBAs
•Surveys indicated that the average container count is 2.1 per
property.
•2019 Pricing = included in base
•Submitted = $10,912.87
Nn Single-Residential Options
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Non Low-Density Residential Options MU, MR and ICI Options Page 88 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•Option 7 – Bulky Goods Collection at Multi-Residential
and Mixed-Use Properties
•Call-In Curbside Collection of Bulky goods (furniture, carpet, etc)
•Available where Regional collection is provided at MR and MU
properties (linked to option 5)
•Curbside MR with 7+ residential units = 140 (4,876 res. Units)
•Curbside MU with one or more residential unit = 89 (152 Units)
•2019 Pricing = Not a service provided
•Submitted = $128,500.49
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MU, MR and ICI Options Page 89 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•Option 8 – In-Ground Collection
•2019 Pricing = Not a service provided
•Submitted = $76.32 crane, $55.97 Front-end (per stop)
Non Single-Residential Options
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MU, MR and ICI Options Page 90 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•Maintaining Current Service Levels
Recommendations and Financial Implications
15
Option 2019 Submitted Difference
1. Public Space Litter $ 153,180.62 $ 102,120.31 - $ 51,060.31
2. Public Space Recycling $ 3,019.64 $ 23,823.94 $ 20,804.30
3. 7 Containers in DBA
(3 add’l) base service $ 16,369.32 $ 16,369.32
4. 15 Containers at Food
/Lodging in DBA (8 Add’l) $ 8,561.59 $ 16,369.32 $ 7,807.73
5. Multi-Res and Mixed-Use
Dumpster Collection $ 114,410.14 $ 198,876.49 $ 84,466.35
6. 6 Containers for MU prop.
outside DBA (2 add’l) base service $ 10,912.87 $ 10,912.87
TOTAL $ 279,171.99 $ 368,472.25 $ 89,300.26 Page 91 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•Public Space Litter and Recycling
Alternatives
Recommendations and Financial Implications
16
Option Full-Year
Price
Partial-Year
Price Difference
1. Public Space Litter $ 102,120.31 $ 50,881.09 $ 51,239.22
2. Public Space Recycling $ 23,823.94 $ 16,932.28 $ 6,891.66
TOTAL $ 125,944.25 $ 67,813.37 $ 58,130.88 Page 92 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•New Options
Recommendations and Financial Implications
17
Option Add’l Cost
7. Bulky Goods Collection at MR and MU
Properties $ 128,500.49
8. In-Ground Collection at MR, ICI and MU
Properties
$76.32 per stop (crane)
$55.97 per stop (front-end) Page 93 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•Recommend Options
Recommendations and Financial Implications
18
Option 2019 Submitted Difference
1A. Public Space Litter
(Partial-Year Daily) $ 153,180.62 $ 50,881.09 - $ 102,299.53
2A. Public Space Recycling
(Partial-Year Daily) $ 3,019.64 $ 16,932.28 $ 13,912.64
3. 7 Containers inside DBAs
(3 add’l)
Base
Service $ 16,369.32 $ 16,086.20
4. 15 Containers at Food/Lodging
inside DBAs (8 Add’l) $ 8,561.59 $ 16,369.32 $ 7,807.73
TOTAL $ 164,761.85 $ 100,552.01 - $ 64,209.84 Page 94 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•Recommended to Discontinue
Recommendations and Financial Implications
19
Option 2019 Submitted Difference
5. Multi-Res and Mixed-Use
Dumpster Collection $ 114,410.14 $ 198,876.49 $ 84,466.35
6. 6 Containers for MU properties
outside DBA (2 add’l) base service $ 10,912.87 $ 10,912.87
TOTAL $ 114,410.14 $ 209,789.36 $ 95,379.22 Page 95 of 377
A GREAT CITY…FOR GENERATIONS TO COME
•New Contract is Starting on Oct 19, 2020
•Decisions on options must be provided to the Region by
Jan 31, 2020.
•Staff Recommendations
•Consider 4 options to modestly maintain current service
levels, and reflect actual community needs
•Consider discontinuation of Multi-Res and Mixed-Use
Dumpster Collection
•Current Service Levels = $279,171.99 annually (2019)
•Staff Recommendations = $100,522.01 annually
(submitted)
Conclusions
20 Page 96 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Thank You!
21 Page 97 of 377
22
BACKGROUND / SUPPORTING
INFORMATION
Next slides illustrate Designated Business
Area (DBA) Limits Page 98 of 377
23 Chippawa DBA Page 99 of 377
24 Clifton Hill / Victoria Ave DBA Page 100 of 377
25 Lundy’s Lane DBA Page 101 of 377
26 Main St DBA Page 102 of 377
27 Queen St DBA Page 103 of 377
PBD-2020-06
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2020-06
26CD-11-2019-005
Legends Phase 3 Plan of Vacant Land Condominium
Weinbrenner Road East of Willoughby Drive
Applicant: 800460 Ontario Inc. (Fred Costabile)
Agent: Craig Rohe, Upper Canada Consultants
RECOMMENDATIONS
1. That the Legends Phase 3 Plan of Vacant Land Condominium be draft approved
subject to the conditions in Appendix A;
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council’s decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and granted by Council; and
4. That the Mayor and City Clerk be authorized to execute the Condominium
Agreement and any required documents to allow for the future registration of the
subdivision when all matters are addressed to the satisfaction of the City Solicitor.
EXECUTIVE SUMMARY
800460 Ontario Ltd. (Fred Costabile) is proposing to develop an 8.7 ha (21.5 ac) parcel of
land located on the east side of Willoughby Drive, south of Weinbrenner Road as a Plan of
Vacant Land Condominium. The condominium will divide the land into 22 units of land with
common private roads, visitor parking and amenity areas, and retain and preserve a 7.5 ha
(18.6 ac) Provincially Significant Wetland and associated buffer. The condominium will
allow the individual ownership of the townhouse dwelling units. Planning staff recommends
the application for the following reasons:
The development is consistent with Provincial policies with respect to achieving
intensification within the Built-Up Area and protecting a Provincially Significant
Wetland on the property;
The development is in conformity with the City’s Official Plan and Zoning By-law No.
79-200, as amended and varied, and will be compatible with the surrounding
development;
The condominium will assist in providing housing choices and will contribute to the
City’s required short term housing supply (3 years); and
City and Regional interests will be addressed through the fulfillment of the conditions
contained in Appendix A.
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BACKGROUND
Proposal
800460 Ontario Ltd. is proposing a plan of Vacant Land Condominium on the 8.7 ha (21.5
ac) parcel of land shown on Schedule 1. This plan will permit the creation of vacant land
units (parcels) for the future sale of 22 townhouse dwelling units. The plan includes a 7.5
ha (18.5 ac) wetland that will be maintained in a natural state in a Condominium common
area. Schedule 2 shows the proposed condominium, while Schedule 3 shows the detailed
unit layout.
The part of the property on which the townhouse units are proposed is zoned Residential
Low Density, Grouped Multiple Dwellings (R4-1060) and the wetland area and associated
buffer is zoned Environmental Protection Area (EPA), both in accordance with Zoning By-
law No. 79-200, as amended by By-law No. 2018-34. The R4-1060 zoning permits the
development of townhouse dwellings subject to site specific regulations, while the EPA
zone prohibits development of the wetland
Site Conditions and Surrounding Land Uses
The subject land is part of the site of the former F.J. Rutland School. The property is
currently vacant. The majority of the property is occupied by a Provincially Significant
Wetland (PSW ), which will be protected.
The Legends Phase 1 and Phase 2 Plans of Vacant Land Condominium, currently under
development, are located to the west of the subject land. The Legends Golf Course is
located to the east and south of the property. A Niagara Parks Commission works facility
is located to the north.
Circulation Comments
Regional Municipality of Niagara (the Region)
The Region provided several conditions to address archaeological,
environmental and standard development requirements. These conditions
are included in Appendix A.
Niagara Peninsula Conservation Authority (NPCA)
The NPCA provided conditions to address wetland protection. These
conditions are included in Appendix A.
Municipal Works, Transportation Services, Parks Design, Fire Services, Bell Canada
and Canada Post
No objections. Requested conditions are included in Appendix A.
Niagara Parks Commission; District School Board of Niagara
No objections.
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ANALYSIS/RATIONALE
1. Provincial Policy Statement and Growth Plan
The Planning Act requires City planning decisions to be consistent with Provincial
policies. These policies currently direct the City to facilitate residential intensification
by directing 40% of all residential development to built-up areas. The subject lands
are within the built boundaries of the City. The proposed development will assist in
meeting these targets and is a form of residential intensification promoted by the
Province.
Provincial policies require natural features, such as the PSW on the land, be
protected. This part of Phase 3 is designated and zoned Environmental Protection
Area. Through the Zoning By-law Amendment application, the applicant submitted
an environmental impact study and addendum to the satisfaction of the Niagara
Peninsula Conservation Authority (NPCA), which recommended a 10 metre buffer,
including a berm and walkway to protect the PSW. The Region and NPCA
recommended a number of mitigation measures, which have been incorporated in
the conditions of approval in Appendix A.
2. Official Plan
The subject land is designated Residential, in part, and Environmental Protection
Area, in part, in the City’s Official Plan. Residential lands are permitted to be
developed with a variety of housing types, including townhouses, between a density
of 20 and 40 units per hectare. New developments are to be of a height, massing
and provide setbacks that are in character with the surrounding development.
Environmental Protection Area lands are to be protected in a natural state.
The proposed development conforms to the Official Plan as follows:
the developed area of the parcel will have a net density of 21 units per hectare
(exclusive of the stormwater management pond, which normally would not be
included in a net density calculation), which conforms to the Official Plan, and
will provide an additional housing choice for residents;
the proposed development will be similar to the height, building setbacks and
massing of the nearby residential development; and
The PSW and associated buffer on the property will be retained and protected
as part of the common area of the condominium.
3. Zoning By-law
The land is zoned Residential Low Density, Grouped Multiple Dwellings (R4 -1060),
in part, and Environmental Protection Area, in part, in accordance with Zoning By-
law No. 79-200, as amended by By-law No. 2018-34. The zoning permits the
development of townhouse dwellings subject to site specific regulations, and
prohibits development of the PSW and associated buffer. A Minor Variance,
providing relief from regulations for porch encroachments into the privacy yards for
several of the units as well as a reduced privacy yard depth for one of the units , is
scheduled to be heard by the Committee of Adjustment on January 21, 2020.
With the exception of the regulations requested to be varied t he development
conforms to the site specific R4 zoning regulations. Conditions in Appendix A
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address the review of drawings to ensure compliance and ensures the Minor
variance decision comes into force.
4. Condominium Design and Conditions of Approval
The plan of condominium will accommodate the intended division of the land into
units of land that can be sold separately. The plan includes private common roads
an access off of Weinbrenner Road, visitor parking and amenity areas.
The Region and NPCA has recommended a series of mitigation measures to protect
the adjacent PSW, which are included in the conditions listed in Appendix A. These
are based on the environmental study and addendum submitted at the zoning stage.
As the single access driveway exceeds the recommended length of 150 metres
without a second access, a condition has been added to require the sprinklering of
dwellings. This has been implemented in other developments with long access
driveways (i.e. the Sleek Developments Condominium a t 4552 Portage Road) and
will assist in fire suppression if blockage of the access driveway slows fire response.
Land that is developed as a vacant land condominium is not made subject to Site
Plan Control because the development matters (i.e. site servicing/grading,
landscaping, lighting, fencing and waste disposal) are addressed in the
condominium agreement. Appendix A includes the recommended conditions of
approval including the review of drainage and storm servicing by the City and the
Region, construction of the adjacent portion of Willoughby Drive to urban standards
with sidewalks, parkland dedication and installation of the necessary facilities and
services for Canada Post and Enbridge.
The developer will be required to enter into a condominium agreement with the City.
The agreement will address any necessary works, mitigation measures and warning
clauses.
FINANCIAL IMPLICATIONS
The proposed development is consistent with the Diverse and Affordable Housing Strategic
Priority in that it provides an additional housing option in this area.
CITY’S STRATEGIC COMMITMENT
The proposed condominium complies with the City’s Official Plan.
LIST OF ATTACHMENTS
Schedule 1 – Location Map
Schedule 2 – Condominium Plan
Schedule 3 – Details of Residential Units
Appendix A – Conditions for Draft Plan Approval
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
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Respectfully submitted:
Ken Todd, Chief Administrative Officer
A.Bryce
Attach.
S:\PDR\2020\PBD-2020-06, 26CD-11-2019-005, Legends Phase 3, Weinbrenner Road.docx
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SCHEDULE 1
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SCHEDULE 2
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SCHEDULE 3
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APPENDIX A
Conditions for Draft Plan Approval
1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper
Canada Consultants, dated December 13, 2019, showing 22 units of vacant land for
townhouses as well as common private roads, visitor parking, natural areas and
amenity areas.
2. The developer submit to the City’s Senior Zoning Administrator all necessary
drawings and information, including but not limited to, site, elevation and
landscaping drawings to confirm zoning compliance.
3. That the Minor Variance Application (No. A -2019-41), seeking relief from minimum
privacy yard requirements, be approved by the Committee of Adjustment and come
into force. Alternatively, if the Application is not approved, the proposed layout be
revised to comply with the existing zoning regulations.
4. The developer provide four copies of the pre-registration plan to Planning, Building
& Development and a letter stating how all the conditions imposed have been or are
to be fulfilled.
5. The developer enter into a Vacant Land Condominiu m Agreement with the City, to
be registered on title, to satisfy all requirements, financial and otherwise, related to
the development of the land. Note: Should any other body wish to have its conditions
included in the Vacant Land Condominium Agreement, they may be required to
become party to the Vacant Land Condominium Agreement for the purpose of
enforcing such conditions.
6. The developer submit a Solicitor’s Certificate of Ownership for the Condominium
land to the City Solicitor prior to the preparation of the Vacant Land Condominium
Agreement.
7. The developer provide a landscape plan, prepared by a Landscape Architect
(OALA), showing woodlot/Provincially Significant Wetland protection, stormwater
management features, fencing/privacy fencing, entrance features, streetscape
treatment, internal landscaping/lot landscape design, patios, driveway locations ,
sidewalk connections to adjacent streets and garbage enclosures/collection areas
to the satisfaction of Parks Design.
8. The developer pay cash-in-lieu of parkland dedication to the City in the amount equal
to 5% of the appraised value of the lands subject to this condominium as determined
by a qualified appraiser, to the satisfaction of the City.
9. The developer enter into a cost sharing agreement with the City for the design and
full depth reconstruction of Weinbrenner Road to current urban standards (including
curb and gutter and street lighting) from the intersection of Willoughby Drive to the
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proposed entrance of Phase 3 (approximately 360 metres) including a turning bulb
as required.
10. The developer’s engineer submit a complete set of plan and profile drawings ,
photometric analysis and street lighting designs for the Weinbrenner Road
reconstruction in accordance with City design standards for review and approval by
Engineering Services.
11. The private roadways within the condominium plan be designed and constructed in
accordance with City Standards.
12 The developer shall ensure that existing municipal infrastructure will adequately
service the development as proposed. This shall include hydrant flow testing to be
conducted at the developer’s expense and in coordination with a City Certified Water
Operator (CWO). The results of the flow testing shall be included in a Functional
Servicing Report (which shall include all necessary supporting documentation
regarding water and sanitary services) and submitted to Engineering Services for
review. Should existing infrastructure not be sufficient to service the development,
it shall be upgraded at the developer’s expense. Upgrades shall be designed and
constructed to City standards.
Note: No looping connections of the existing watermain will be permitted at any point
within the development (i.e. single connection to municipal distribution network only).
13. That each unit be individually metered, or a meter pit for the entire site be
constructed at the property line.
14. The municipal hydrant located within the proposed access to Phase 3 be relocated
at the developer’s expense to a new location to be reviewed and approved by the
City.
15. That sanitary flows from the proposed Phase 3 shall be designed to enter the
existing municipal sanitary sewer network at its current horizontal and vertical
alignment.
16. The developer control post-development peak stormwater flows to the pre-
development rate for the five (5) year design storm and include all necessary
supporting documentation within a Stormwater Management Report to be submitted
to Engineering Services for review.
17. Storm sewer infrastructure required to convey the development stormwater flows to
the proposed outlet (Little Mississippi Drain) shall be designed and constructed in
accordance with City Standards and at the Developer’s expense.
18. The developer provide a 1.5 metre wide sidewalk along the south side of
Weinbrenner Road across the frontage of the subject parcel.
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19. The roadway, services, lot grading and construction shall all be designed and
constructed in accordance with City standards. The developer shall provide all
servicing, grading and photometric plans for review and approval prior to start of
construction. The developer shall provide plan and profile drawings for all proposed
infrastructure additions and/or upgrades to be constructed within the municipal road
allowance as may be necessary to service the new development for review and
acceptance prior to start of construction. All plans/engineering drawings shall be
stamped and signed by a qualified professional engineer licensed to practice
engineering in Ontario.
20. The developer provide a Master Lot Grading plan and ensure that grading of the site
is designed and constructed in accordance with City standards .
21. The developer submit a lighting plan prepared by a professional engineer. The
design is to be independently powered and metered. Photometric plans are to be
submitted demonstrating zero impact on neighbouring properties.
22. The developer pay the applicable development charges in place at the execution of
the Vacant Land Condominium Agreement and at Building Permit issuance in
accordance with By-law No. 2019-69, as amended.
23. The developer pay the City the applicable required fees for administration.
24. That the developer’s Engineering Consultant provide written acceptance that the
works completed conform with the City’s accepted drawings and in accordance with
NPSCD and City construction specifications.
25. The developer submit a request to the Fire Department to designate, through
municipal by-law, a fire access route on the property; submit a drawings illustrating
the fire route’s compliance with sections 3.2.5.7. of the Ontario Building Code and
landscape drawings that illustrate plantings will not obstruct the fire access routes.
Any fire hydrants provided will be subject to the testing and maintenance
requirements of the Ontario Fire Code. NOTE: Parking shall be prohibited on both
sides of the access route and the necessary ‘No Parking’ signs shall be posted.
26. The developer provide the appropriate servicing drawings demonstrating that all
dwelling units shall be sprinklered, due to the length of the single access route . A
clause shall be placed in the condominium agreement requiring sprinklered
dwellings as a condition of Building Permit issuance.
27. The developer meet the requirements of Enbridge Gas Distribution with respect to
the provision of their facilities to the subject lands including providing necessary
easements, any necessary relocation of the gas main, provision of an exclusive use
location for a pressure reducing regulator station, installation of gas piping and
subsequent completion of landscaping, grading and paving, and service and meter
installation details.
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28. That a Community Mail Box (CMB) be located 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 (Note the CMB should be accessed internal to the site rather than from
Weinbrenner Road)
29. 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 home sales.
30. The developer satisfy all requirements of Canada Post regarding temporary and
permanent CMB locations and associated works and concrete pads, illustrating the
CMB on engineering servicing drawings, installation, notification of the start of
construction and providing mail service information to property owners.
31. That a 1.83 metre high chain link fence be erected along the common lot boundary
with the Legends Golf Course, to the satisfaction of the Niagara Parks Commission.
32. That the developer submit to the Niagara Peninsula Conservation Authority for
review and approval, detailed grading plans and construction sediment and erosion
control plans.
33. That the Development submit to the Niagara Peninsula Conservation Authority for
review and approval, a naturalization plan for the wetland buffer. Implementation of
the naturalization plan will require a Work Permit.
34. That the Developer provide 1.5 metre high chain link fencing along the Limit of
Disturbance line shown on the Draft Plan of Condominium Phase 3 (prepared by
Upper Canada Consultants, dated April 18, 2019), a minimum of 10 metres away
from the Provincially Significant Wetland, to the satisfaction of the Niagara Peninsula
Conservation Authority.
35. That the Developer establish a 2 metre wide trail and berm immediately east of the
Limit of Disturbance line as detailed on the grading plan – phase 3, to the satisfaction
of the Niagara Peninsula Conservation Authority. Work Permits are required for
construction of the trail and berm.
36. That a wetland maintenance program be established by the Condominium
Corporation which ensures that the wetland, woodland, and buffer areas are
maintained in their natural state, tree removal is minimized, and that only native
species are planted within these areas, to the satisfaction of the Niagara Peninsula
Conservation Authority.
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37. That conditions 32 to 36 above be incorporated into the Development Agreement
between the Developer and the City of Niagara Falls, to the satisfaction of the
Niagara Peninsula Conservation Authority. The City of Niagara Falls shall circulate
the draft Development Agreement to the Niagara Peninsula Conservation Authority
for its review and approval.
38. The developer agree in the Vacant Land Condominium Agreement, in words
satisfactory to Bell Canada, to grant to Bell Canada any easements that may be
required, which may include a blanket easement, for
communications/telecommunication services. In the event of any conflict with
existing Bell Canada facilities or easement, the developer shall be responsible for
the relocation of such facilities or easements.
Note: Developer is to contact Bell Canada during the detailed design to confirm the
provision of communication/telecommunication infrastructure needed to service the
development.
Note: The developer is hereby advised that prior to commencing any work, the
developer must confirm that sufficient wire-line communication/telecommunication
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. If the developer elects
not to pay for the above noted connection, then the developer will be required to
demonstrate to the satisfaction of the City that sufficient alternative
communication/telecommunication will be provided to enable, at the minimum,
effective delivery of communication/telecommunication services for emergency
management services (i.e. 911 Emergency Services).
39. The condominium agreement include clauses requiring the developer to implement
the mitigation measures outlined in the Environmental Impact Study (EIS), prepared
by LCA Environmental Consultants (dated November, 2017) and subsequent
Addendum, also prepared by LCA Environmental Consultants (dated March 22,
2018), to the satisfaction of the Region, including:
a. Installation of a 1.5 metre high chain link fence along the Limit of Disturbance
line shown on the Draft Plan of Condominium Phase 3 (prepared by Upper
Canada Consultants, dated September 27, 2019), to the satisfactio n of
Niagara Region;
b. That open space detention areas, once constructed, will be naturalized as
part of the wetland buffer, to the satisfaction of Niagara Region.
c. An Erosion and Sediment Control Plan be provided to the satisfaction of
Niagara Region. The Plan shall include sediment control fencing along the
berm on the side closest to the Provincially Significant Wetland and
Significant Woodland, to ensure no sediments enter the wetland or natural
buffer area.
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d. A Grading Plan be provided to the satisfaction of Niagara Region, which
demonstrates no grading towards the wetland beyond the berm’
e. Installation of the berm immediately adjacent to the trail, as indicated on the
plan. The berm will be of sufficient height to ensure no negative impacts to
the hydrology of the wetland, and to support amphibian breeding habitat
within the southern portion of the wetland, as determined through an NPCA
work permit and illustrated on a plan;
40. That copies of any NPCA permits obtained by the developer for the development be
provided to Niagara Region:
41. The following clause be included in the condominium agreement:
“Should deeply buried archaeological remains/resources be found on the property
during construction activities, all activities impacting archaeological resources must
cease immediately, notify the Archaeology Programs Unit of the Ontario Ministry of
Tourism, Culture and Sport (416-212-8886) and a licensed archaeologist (Detritus
Consulting Ltd.) is required to carry out an archaeological assessment in accordance
with the Ontario Heritage Act and the Standards and Guidelines for Consultant
Archaeologists.
In the event that human remains are encountered during construction, all activities
must cease immediately and the local police as well as the Cemeteries Regulation
Unit of the Ministry of Government and Consumer Services in Toronto (416 -326-
8800) must be contacted. In situations where human remains are associated with
archaeological resources, MTCS should also be notified to ensure that the site is not
subject to unlicensed alterations which would be a contravention of the Ontario
Heritage Act.”
42. That verification of the available wet weather sanitary capacity in the South Niagara
Falls system required to accommodate development be submitted for review and
approval by the Niagara Region and City of Niagara Falls. Based on the information
submitted, the Region/City may require flow monitoring conditions be included in the
agreement to verify that the estimated wet weather flows are being met in the field
after construction of the sanitary sewers and before assumption by the City, if the
verification is unsuccessful, mitigation measures may be required.
43. Prior to the approval of the final plan or the undertaking of any on -site grading, the
owner shall submit a detailed stormwater management plan for the development
and the following plans designed and sealed by a qualified professional engineer in
accordance with the Ministry of the Environment, Parks and Conservation’s
documents entitled ‘Stormwater Management Planning and Design Manual’ (2003)
and the “Stormwater Quality Guidelines for New Development’ (1991)) or their
successors to Niagara Region for review and approval:
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a. Detailed lot grading, servicing and drainage plans, noting both existing and
proposed grades and the means whereby overland flows will be
accommodated across the site; and
b. Detailed erosion and sediment control plans.
Further that the condominium agreement between the developer and the City
contain provisions whereby the owner agrees to implement the approved plans(s)
required in accordance with this condition.
44. That prior to final approval for registration of this plan of condominium, the owner
shall submit the design drawings (with calculations) for sanitary and storm drainage
systems required to service this development and obtain Ministry of the Environment
Compliance Approval under the Transfer of Review Program.
45. The owner ensures that all streets and development blocks can provide access in
accordance with Niagara Region’s Corporate Policy for Waste Collection and by-
laws relating to the curbside collection of waste.
46. That the developer shall comply with the Niagara Region’s Corporate Policy for
Waste Collection and complete the Application for Commencement of Collection and
Indemnity Agreement.
47. That the following clause be included in the condominium agreement and inserted
into all offers and agreements of Purchase and Sale or Lease for each of the affected
dwelling units:
“Owners/Purchasers/Tenants of townhouse units 12, 15 and 16 are advised that in
order to accommodate Regional Waste Collection Service they will be required to
bring their waste/recycling containers to the designated waste collection pads on the
required collection day.”
48. The developer provides a written acknowledgement to Niagara Region stating that
draft approval of this condominium does not include a commitment of servicing
allocation by Niagara Region as servicing allocation will not be assigned until the
plan is registered and that any pre-servicing will be at the sole risk and responsibility
of the developer.
49. The developer submit a written undertaking to Niagara Region stating that all Offers
and Agreements of Purchase and Sale or Lease, which may be negotiated prior to
registration of this condominium, shall contain a clause indicating that servicing
allocation for this condominium will not be assigned until the plan is registered, and
a similar clause be inserted in the condominium agreement.
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Notes:
1. Prior to granting final plan approval, the City must be in receipt of written
confirmation that the requirements of each condition have been met and all
fees have been paid to the satisfaction of Niagara Region.
2. Prior to final approval for registration, a copy of the executed condominium
agreement for the proposed development should be submitted to Niagara
Region for verification that the appropriate clauses pertaining to any of these
conditions have been included. Niagara Region recommends that a copy of
the draft agreement also be provided in order to allow for the incorporation of
any necessary revisions prior to execution.
3. In order to request clearance of the above noted Regional conditions, a letter
outlining how the conditions have been satisfied, together with all studies and
reports (two hard copies and a PDF digital copy), the applicable review fee,
and the draft condominium agreement shall be submitted to the Niagara
Region by the developer 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 agencies indicating that their
respective conditions have been satisfied:
- Planning Division for Conditions 1 to 4 (inclusive)
- Legal Services for Conditions 5 and 6
- Parks Design for Conditions 7 and 8
- Municipal Works for Conditions 9 to 24 (inclusive)
- Fire Services for Conditions 25 and 26
- Enbridge Gas for Condition 27
- Canada Post for Conditions 28 to 30 (inclusive)
- Niagara Parks Commission for Condition 31
- Niagara Peninsula Conservation Authority for Conditions 32 to 37 (inclusive)
- Bell Canada for Condition 38
- Regional Development Services for Conditions 39 to 49 (inclusive)
Page 119 of 377
Address: Weinbrenner Road
Application for Vacant Land Condominium
Applicant: 800460 Ontario Inc. (Fred Costabile)
File: 26CD-11 -2019-005
Proposal: 22 townhouse dwelling units with common private
roads, visitor parking and wetland preservation Page 120 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Location
Subject lands
Legends Golf
Course
Apartment Dwellings
Legends Phase 1
Condominium – 58
Townhouse Units
Legends Phase 2
Condominium – 40
Townhouse Units Page 121 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Background
•A Vacant Land Condominium is proposed for an 8.7 hectare on the south
side of Weinbrenner Road east of Willoughby Drive South of Weinbrenner
Road to permit the creation of vacant land units (lots) for the future sale of 22
townhouse dwelling units.
•A7.5 hectare Provincially Significant Wetland and associated buffer will be
retained and preserved in a natural state as part of the Condominium
common area.
•Property is zoned site specific Residential Low Density, Grouped Multiple
Dwellings (R4-1060). Page 122 of 377
Plan of Condominium
Stormwater
Management Pond
Provincially
Significant Wetland to
be Preserved
22 Townhouse
Dwelling Units
1.2 ha (2.9 ac) Page 123 of 377
Plan of Condominium Unit Detail Page 124 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
•The application is recommended for the following reasons:
•It complies with Provincial and Regional policies with respect to
achieving intensification and a range of housing within the Built-Up Area
and protecting natural features
•It is in conformity with the City’s Official Plan, with a density of 21 units
per hectare. Conditions of draft plan approval provide protection to the
Provincially Significant Wetland on the site.
•By-law No. 79-200, as amended, zones the property R4-1060 which
provides appropriate regulations. A Minor Variance was obtained for
porch encroachment and privacy yard depth;
Page 125 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
•The condominium will assist in providing housing choices and contribute to
the City’s required short term housing supply (3 years); and
•City and Regional interests will be addressed through the fulfillment of the
conditions contained in Appendix A of the staff report Page 126 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
1. That the Legends Phase 3 Plan of Vacant Land Condominium be draft
approved subject to the conditions in Appendix A;
2. That the Mayor or designate be authorized to sign the draft plan as
"approved" 20 days after notice of Council’s decision has been given as
required by the Planning Act, provided no appeals of the decision have
been lodged;
3. That draft approval be given for three years, after which approval will lapse
unless an extension is requested by the developer and granted by Council;
and
4. That the Mayor and City Clerk be authorized to execute the Condominium
Agreement and any required documents to allow for the future registration
of the subdivision when all matters are addressed to the satisfaction of the
City Solicitor.
Page 127 of 377
PBD-2020-08
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2020-08
26T-11-2019-004 & AM-2019-018
Splendour Draft Plan of Subdivision and Official Plan and
Zoning By-law Amendment Application
Southwest Corner of McLeod and Kalar Roads
Applicant: Cobas Developments Inc. (Mark Basciano)
Agent: Upper Canada Consulting (William Heikoop)
RECOMMENDATION
1. That the application to amend the Official Plan (Garner South Secondary Plan) be
approved as detailed in this report and shown on Appendix B;
2. That the application to amend the Zoning By-law be approved subject to the
modifications detailed in this report;
3. That the Splendour Plan of Subdivision be draft approved subject to the conditions
in the attached Appendix A;
4. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council’s decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
5. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and granted by Council; and
6. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement
and any required documents to allow for the future registration of the subdivision
when all matters are addressed to the satisfaction of the City Solicitor.
EXECUTIVE SUMMARY
Cobas Developments Inc. has submitted an application to subdivide a 16.8 hectare (41.5
ac) parcel of land on the south-west corner of McLeod Road and Kalar Road (see location
on Schedule 1) into 104 lots for detached dwellings, 8 lots for 16 semi-detached dwelling
units, 26 blocks for 148 on-street townhouse dwelling units, 1 block for the future division
into 2 elementary school sites, 1 block for a park and blocks for road widenings and 0.3
metre reserves.
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The developer has also applied to amend the Official Plan (Garner South Secondary
Plan) to redesignate an area identified for Residential, High Density block to Residential,
Medium Density, and adjust the land use boundaries between the Residential, Low and
Medium Density and Open Space designations to accommodate the development as
proposed. In addition, the applicant has requested amendments to Zoning By-law No.
79-200 to provide the necessary zoning regulations for the proposed dwellings, schools
and parkland. Planning staff recommends the applications, for the following reasons:
The proposal complies with Provincial and Regional policies with respect to
achieving minimum density targets in a Greenfield Area;
The requested changes to the Garner South Secondary Plan are acceptable, as
density targets will be met and a neighbourhood park will be provided to serve
residents;
The proposed zoning regulations for the residential lots and blocks will facilitate
compact form while maintaining an appropriate level of functionality for residential
use; and
The requested Open Space zone for the park block will permit recreational uses,
while the proposed Institutional zone will establish appropriate regulations for the
proposed schools.
The conditions of draft plan approval, which address servicing, road widenings and
improvements, parkland dedication, fencing, utility installation, and all other matters
related to the development of the subdivision, are listed in Appendix A.
BACKGROUND
Proposal
Cobas Developments Inc. has submitted an application to subdivide a 16.8 hectare (41.5
ac) parcel of land on the south-west corner of McLeod Road and Kalar Road (see location
on Schedule 1) into 104 lots for detached dwellings, 8 lots for 16 semi-detached dwelling
units, 26 blocks for 148 on-street townhouse dwelling units, 1 block for the future division
into 2 elementary school sites, 1 block for a park and blocks for road widenings and 0.3
metre reserves. Refer to Schedule 2 for details of the proposed development.
The applicant has also submitted an application to amend the Official Plan and Zoning
By-law No. 79-200 (AM-2019-018). The lands are designated Residential, Low Density,
Medium Density and High Density and Open Space under the Garner South Secondary
Plan (GSSP). The applicant has requested an amendment to the Official Plan to
redesignate the Residential, High Density block to Residential, Medium Density and
adjust the land use boundaries between the Residential, Low and Medium Density and
Open Space designations to accommodate the development as proposed. The land
reserved for school purposes can be accommodated without an amendment to the GSSP.
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The land is zoned Development Holding (DH), in accordance with Zoning By-law No. 79-
200. The applicant is requesting the zoning to be changed to a site specific Residential
Mixed (R3) zone, in part, to permit the proposed detached, semi-detached and on-street
townhouse dwellings, an Open Space (OS) zone, in part, for the proposed park, and an
Institutional (I) zone, in part, for the proposed school sites.
Site Conditions Surrounding Land Uses
The subject land was formerly used for agriculture and is flat. Warren Creek and the
associated recreational trail is located to the west. Detached dwellings, in the Warren
Woods Phase 1 and Deerfield Estates subdivisions, are located to the south and north
respectively. Neighbourhood scale commercial facilities are located to the northeast. A
vacant parcel, intended to be developed with low rise apartments, is located to the
southeast. The office and maintenance facility and storage yard for Niagara Peninsula
Energy and a bus repair and maintenance facility are located opposite the land on the
east side of Kalar Road.
Circulation Comments
Regional Municipality of Niagara (the Region)
- The proposed subdivision conforms to Provincial and Regional policies in
terms of density and provision of a diverse mix of housing types.
- The applicant has submitted a noise study that indicates the proposed
residential and institutional uses are not adversely impacted by noise f rom
the industrial uses on the east side of Kalar Road. If the school sites are
proposed for residential purposes in the future, a noise study will need to
be submitted as part of a rezoning application to zone these lands for
residential purposes.
- The Official Plan amendment is exempt from Regional Council approval.
- Requested conditions are included in Appendix A and address
archaeological, servicing and waste collection matters as well as required
warning clauses.
Niagara Peninsula Conservation Authority (NPCA)
- No objections or conditions to impose.
Transportation Services
- Lands to the west are designated Residential, however due to their
configuration may only have a single entrance onto McLeod Road. To
provide a second means of access for fire safety it is suggested two lots be
reserved along Street D for a future road. Should these not be needed to
provide a second means of access, they can be developed for dwellings.
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- A traffic study is requested as a condition of approval. This study will provide
traffic estimates to assist in the future Environmental Assessment for
McLeod Road improvements.
- Further comments are included in the conditions of approval and include
dedication of a 3 metre wide road widening along the McLeod Road
frontage of the property, dedication of daylight triangles and construction of
sidewalks.
Municipal Works, Parks Design, Fire Services, Enbridge Gas and Canada Post
- No objections, subject to the conditions included in Appendix A.
District School Board of Niagara (DSBN)
- No objections to the proposed applications. The need for a new school site
has been identified and the DSBN has submitted a proposal to the Province.
Until this proposal is approved discussions on land acquisition are
premature, however the DSBN favours the creation of one large block which
can be divided into two future school sites.
Niagara Catholic District School Board (NCDSB)
- No objections. The NCDSB reserves the right to negotiate for an
approximately 2 hectare (5 acre) site in the event the NCDSB decides to
purchase lands in the proposed development.
Cytec Canada Inc. (Cytec)
- Cytec has no objections to the proposed subdivision layout, but requests
building heights be limited to 10 metres and 2.5 storeys for detached, semi-
detached and duplex dwellings and 12 metres and 3 storeys for townhouse
dwellings. In addition Cytec prefers dwellings in the medium density
residential areas be limited to 3 storeys in height.
- Requests a warning clause be added to all purchase and lease agreements,
warning future residents of Cytec’s manufacturing facilities, as included in
Appendix A.
Public Submissions
- Two letters have been submitted by nearby residents. These letters
express concerns about the volume and safety of traffic on McLeod Road,
and request traffic lights at the corner of McLeod Road and Parkside Drive
and traffic calming measures be implemented.
Neighbourhood Open House
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A neighbourhood open house was held on October 7, 2019 and was attended by
representatives of the applicant and seven (7) nearby residents.
The neighbours primarily raised concerns about traffic, noting that McLeod Road is
inadequate to carry current volumes of traffic, and the pedestrian crossing on this street
and lack of traffic lights create safety concerns. In addition, concerns were expressed
about traffic infiltration into neighbourhoods and the size of the proposed neighbourhood
park.
Staff noted that McLeod Road is planned to be widened to a 26 metre ROW width, and
an Environmental Assessment would need to be completed to identify necessary
improvements and the need for traffic lights. In addition, the developer indicated that the
park has been sized in accordance with the amount that can be requested under the
Planning Act.
ANALYSIS/RATIONALE
1. Provincial Policy Statement and Growth Plan
The applications are consistent with the Growth Plan and Provincial Policy
Statements as follows:
the applications involve the development of land known as a Greenfield
area within the urban boundary;
it is estimated that the proposed subdivision will have a density of 53 jobs
and persons per hectare if the two school sites are developed. Should the
school sites instead be developed for medium density housing, the density
is expected to increase to 81 jobs and persons per hectare. These densities
are in keeping with the Provincial target of a minimum 50 jobs and persons
per hectare;
A noise study submitted by the applicant confirms the proposed subdivision
will not be adversely impacted by industrial type uses on the east side of
Kalar Road;
The proposed subdivision contributes to the City’s supply of lots and blocks
for single detached and on-street townhouse dwellings and will provide a
range of housing types as well as necessary educational facilities to serve
residents and contribute to a complete community.
2. Official Plan (Garner South Secondary Plan)
The lands proposed to be subdivided are designated Residential, Low Density, in
part, Residential, Medium Density, in part, Residential, High Density, in part, and
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Open Space, in part, in the Garner South Secondary Plan (GSSP). The applicant
has requested the Residential, High Density area be designated Residential
Medium Density and has requested the Residential, Medium Density Block be
shifted eastward, from the west side of the plan to adjacent to Kalar Road. In
addition, the applicant is requesting the park block be reduced to the maximum
size the developer can be required to dedicate under the Planning Act (0.87
hectares or 2 acres). The changes are shown on Appendix B. The size of the
park illustrated in the GSSP is about 2 hectares or 5 acres. These changes can
be supported as follows:
The area of land designated Residential, High Density is proposed to be
developed as school sites, which is shown in this area on the concept plan
attached to the GSSP, and can be located here without amendment to the
GSSP. Should these sites not be developed for schools, they can be
developed for a variety of multiple unit dwellings to accommodate additional
residents. The applicant has provided calculations that show densities of
81 jobs and persons per hectare can be achieved in this subdivision with a
Residential, Medium Density designation on the lands, which is well above
the minimum density target of 53 jobs and persons per hectare; and,
Originally a 2 hectare park was illustrated in the GSSP for these lands.
However Parks Design staff expressed concern that not all residential areas
of the GSSP were being served with neighbourhood parks. Amendments
to the GSSP were made to acquire parklands east of Kalar Road and west
of Garner Road to serve nearby residents, which reduced the overall
parkland contributions in this phase. Parks design staff are satisfied the
size, location and configuration of the proposed park will be adequate for a
neighbourhood serving function.
In addition, the proposed development complies with other policies in the GSSP
as follows:
Either with the development of the two schools or development of further
medium density residential uses, the subdivision meets the minimum
density requirements of the Secondary Plan, in combination with previous
approved phases;
The lots proposed for detached dwellings comply with the densities
expected under the Residential, Low Density designation;
The proposed townhouse dwellings comply with the types of units expected
under the Residential, Medium Density designation. Although the densities
anticipated on these blocks is lower than the densities anticipated for
medium density blocks in the GSSP, flexibility in individual block densities
are permitted provided overall Secondary Plan densities are met; and
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Although the Secondary Plan discourages reverse lot frontages along major
roads, the minimal number of lots and blocks that back onto McLeod Road
can be tolerated, as similar conditions exist on the north side of McLeod
Road.
3. Zoning By-law Amendment
The lands are currently zoned DH in accordance with Zoning By-law No. 79-200.
The lots proposed for detached dwellings and on-street townhouse dwellings are
requested to be zoned a site specific R3 zone. The changes to the standard R3
regulations are summarized in the following table:
ZONE REGULATION
EXISTING REGULATION REQUESTED REGULATION
Minimum lot area 370 sq. m (detached
dwelling)
200 sq. m (townhouse unit)
290 sq. m (detached dwelling)
180 sq. m (townhouse unit)
Minimum lot frontage
Detached dwelling 12 m
(interior lot)
Detached dwelling 15 m
(corner lot)
Semi-detached dwelling
18 m (interior lot)
On street townhouse
dwelling 6.5 m
Detached dwelling 9.5 m
(interior lot)
Detached dwelling 12.5 m
(corner lot)
Semi-detached dwelling
15 m (interior lot)
On street townhouse dwelling
6 m
Minimum front yard
depth
6 m 4.5 m (dwelling)
6 m (garage face)
Minimum rear yard 7.5 m
6 m
Minimum interior side
yard, detached, semi-
detached, duplex
dwelling
1.2 m 1 m on one side and 0.6 m on
the other
Minimum interior side
yard, townhouse
dwelling
3.0 m 1.2 m
Minimum exterior side
yard
4.5 m 2.4 m (dwelling)
6 m (garage face)
Maximum lot coverage 45% None (controlled by setbacks)
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ZONE REGULATION
EXISTING REGULATION REQUESTED REGULATION
Minimum landscaped
open space
30% of the lot area None
Maximum height
10 m 12.5 m
Maximum floor area of a
second dwelling unit
40% of the primary dwelling
unit floor area
40% of the dwelling and
garage floor area
Parking for a primary
and second dwelling
unit
1 space for each
Tandem not allowed
2 spaces which may be
provided in tandem
Additional setback from
centreline of Kalar and
McLeod Roads
Front and rear yards along
Kalar and McLeod Roads
No
Permitted projection of
canopies, eaves, gutters
into a required yard
0.45 m 1 m
Maximum width of
driveway
60% of lot frontage up to
9 m
65% of lot frontage
Most of the requested regulations can be supported for the following reasons:
The regulations facilitate compact form;
as most of the regulations are similar to the regulations which apply to the
earlier phases of the Warren Woods development, continuity in building and
site design is facilitated;
a lot coverage regulation is unnecessary because the development of the
compact lots will be adequately addressed by building setbacks;
the building setbacks maintain adequate separation distances between
dwellings and the street and contribute to the desired built-form; and
Section 4.27.1 of By-law No. 79-200 requires additional front, rear and
exterior side yard setbacks from the centrelines of McLeod Road and
Garner Road to protect road widenings. As necessary road widenings are
to be dedicated as part of conditions of approval, this requirement can be
removed.
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Staff do not support, or recommend modifications to the following requested
changes:
Reducing the rear yard depth from 7.5 metres to 6 metres for all dwellings.
This will result in rear yards that are noticeably smaller than other rear yards
established in the Warren Woods developments. Instead, Staff recommend
a minimum rear yard depth of 7 metres, as this standard has been used in
the Warren Woods neighbourhood.
Eliminating minimum landscaped open space. Although it is expected that
building setbacks would result in some landscaped area, to maintain
compatibility with the rest of the Warren Woods neighbourhood, a
consistent amount of landscaping should be provided with each dwelling.
Instead of eliminating the requirement, staff recommend landscaped open
space be reduced to 25% of the lot area, as this standard has been
implemented elsewhere in the Warren Woods neighbourhood.
Increasing the size of the second dwelling unit to 40% of the gross floor area
of the entire dwelling including the garage. Staff agree with the utilization
of 40% of the entire dwelling for a second dwelling unit as this would allow
the basement area of a 2 storey dwelling to be counted for the dwelling unit.
However staff do not agree with including the garage area as typically this
area is not calculated in the floor area of a dwelling.
Permitting required parking for a second dwelling unit to be provided in
tandem. This is contrary to the City’s practice of requiring the required
parking to be provided on the property in a configuration that each vehicle
can exit the property without having to move another vehicle and may result
in more on street parking.
Although the lands are outside of the area of the GSSP where building heights are
restricted to maintain compatibility with Cytec/Solvay Group’s operations, Cytec
has requested that the proposed building heights be reduced to 10 metres for
detached, semi-detached and duplex dwellings and 12 metres for on-street
townhouse dwellings. As this land is outside of the mandated height restriction
area, Staff do not recommend limiting the height to 10 metres. However, staff
support Cytec’s request to restrict building heights to 2.5 storeys for detached,
semi-detached and duplex dwellings, and 3 storeys for on street townhouse
dwellings, in addition to the metric height limit.
An OS zone would be applied to the park and trail connection blocks. This zone
will permit the uses contemplated in the park (i.e. playground equipment
maintenance buildings, shelters), which will be owned by the City. The applicant
is requesting the lot area and frontage for a park be reduced to reflect the size of
the walkway connection to the school sites. This reduction is unnecessary as the
City will own this walkway and the land can be used for public purposes without
the requested reduction.
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The school block is proposed to be zoned Institutional, which will provide
appropriate regulations for the proposed schools.
4. Subdivision Design and Conditions of Approval
The proposed subdivision contains a mix of lots for detached and semi-detached
dwellings, blocks for on-street townhouses and blocks for schools and a park.
At this time there is no funding for the construction of elementary schools on this
site. As the final lot dimensions have not been determined for either school, the
applicant has shown the two future school sites as a single block. Once funding
has been assigned and the exact school block dimensions determined, the block
can be divided through a Part Lot Control application. Should one or both school
boards not be granted funding, the applicant can pursue a zoning by-law
amendment for medium density residential housing in accordance with the GSSP.
The applicant is proposing to dedicate a park block to the City. The area of the
park block is equivalent to the maximum amount the City may require to be
dedicated under the Planning Act (5% of the area of the subdivision). This park
will provide neighbourhood park facilities to residents of this subdivision as well as
the neighbourhood to the south.
Transportation Services has expressed concern that approximately 5.5 ha
(13.5ac) residentially designated lands on the west side of Warren Creek, south
of McLeod Road, may only be entitled to a single access off McLeod Road. This
may create circulation and fire safety issues. Transportation Services has
suggested that two lots be reserved for a possible future connection across Warren
Creek. Historically this has been dealt with by having a block (or in this case two
lots) conveyed to the City with a clause in the subdivision agreement allowing
conveyance back to the developer should the connection not be necessary. These
lots should be labelled as future road connection on the final subdivision plan . As
two lots on this block would have a total fron tage of 21.9 metres, sufficient room
exists to construct an 18 metre wide local road and convey the remainder to
abutting lots to ensure these lots meet the minimum frontage for a corner lot. A
condition has been added to Appendix A.
In addition, Cytec has requested a condition warning future residents of their
facilities. This condition is included in Appendix A and has been implemented in
earlier phases of the Warren Woods development.
In 2019, Council directed staff to develop policies on entry features to subdivision
decorative walls to avoid situations where homeowners are faced with the cost of
maintaining such features on their land. The direction specifies these features are
to be located on City owned land and the developer is to provide securities to for
future replacement or repair. Although it is unknown if such entry features are
being considered with this subdivision, condition has been added to this effect
should they be proposed.
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The balance of the conditions in Appendix A are standard and include the
dedication of a 3 metre wide road widening along a portion of McLeod Road,
dedication of daylight triangles, completion of a traffic study, installation of
municipal services, road and pathway construction, provision of utilities to the
subdivision, fencing around the park, environmental lands, stormwater facilities
and arterial roads to the City’s satisfaction and the naming of streets in accordance
with City policy.
FINANCIAL IMPLICATIONS
The proposed development will generate development charge contributions and property
tax revenue for the City. There are no other financial implications.
CITY’S STRATEGIC COMMITMENT
The applications are consistent with the Diverse and Affordable Housing City initiative in
that the housing units offered will contribute to the diverse housing options in the City.
LIST OF ATTACHMENTS
Schedule 1 – Location Map
Schedule 2 – Subdivision Plan
Appendix A – Conditions for Draft Plan Approval
Appendix B – Proposed Land Use Changes
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
A.Bryce:cv
Attach.
S:\PDR\2020\PBD-2020-08, AM-2019-018 & 26T-11-2019-004, Splendour.docx
Page 138 of 377
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SCHEDULE 1
Page 139 of 377
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SCHEDULE 2
Page 140 of 377
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APPENDIX A
Conditions for Draft Plan Approval
1. Approval applies to the Splendour Draft Plan of Subdivision prepared by Upper
Canada Consultants, dated December 18, 2019, showing 104 lots for single
detached dwellings, 8 lots for 16 semi-detached dwelling units, 26 blocks for 148
on-street townhouse dwelling units, 1 block for 2 future school sites, a 0.87 hectare
park block, 2 blocks for a 3 metre wide road widening along McLeod Road and 3
blocks for 0.3 metre reserves.
2. The developer enter into a registered Subdivision Agreement with the City to
satisfy all requirements, financial and otherwise, related to the development of the
subject lands. Note: Should any other body wish to have its conditions included in
the Subdivision Agreement, they may be required to become party to the
Subdivision Agreement for the purpose of enforcing such conditions. If the
development is to be constructed and subdivision plans registered in two or more
phases, a separate subdivision agreement will be required for each phase.
3. The developer submit a Solicitor’s Certificate of Ownership for the subdivision
lands to the City Solicitor prior to the preparation of the Subdivision Agreement.
4. The roadways and sidewalks be designed and constructed in accordance with City
standards which, in part, include the following:
(a) roadways and sidewalks to municipal requirements;
(b) dedication of a 3 metre wide road widening (Blocks 145 and 146) along a
portion of the McLeod Road right of way, save and except where this
widening has been dedicated in the past;
(c) dedication of daylighting triangles with 7 metre legs at McLeod Road and
Street “A’ and daylighting triangles with 5 metre legs at all other
intersections and the inside corners of road bends;
(d) dedication of all road allowances and daylight triangles to the City as public
highways, and dedication of 0.3 metre reserves along McLeod Road to the
City’s satisfaction;
(e) speed control measures within the subdivision to the satisfaction of
Transportation Services;
(f) a 1.5 metre sidewalk to be constructed along McLeod Road, along both
sides of Butternut Boulevard, Street A and Street C, west of Butternut
Boulevard, and along one side of Streets C east of Butternut Boulevard,
Streets B and D;
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(g) all streets named to the City’s satisfaction;
5. The services be designed and constructed in accordance with City standards
which, in part, include the following:
(a) The developer construct a looped watermain connecting the existing 300
mm diameter watermain on McLeod Road to the 300mm diameter
watermain stub on Butternut Boulevard;
(b) The developer prepare a hydrant coverage drawing to ensure adequate fire
protection;
(c) testing of the watermain shall be completed in the presence of a Certified
Water operator using the City’s Watermain Commissioning Checklist;
(d) the sanitary sewer collection system within the development be designed
and constructed in accordance with the Ministry of the Environment,
Conservation and Parks (MOECP) Guidelines and City standards;
(e) weeping tile be connected to the storm sewer system via sump pumps and
all rainwater leaders outlet to grade and be directed to the front/rear yards;
(f) provision of an overland storm water flow route, designed within the right-
of-way for major storm events and constructed in accordance with the
MOECP and City Standards;
(g) application of the City’s Lot Grading and Drainage Policy in accordance with
the City Standards;
(h) provision of water distribution, sanitary sewer and storm sewer systems in
accordance with the MOECP Guidelines and City Standards; and
(i) Lot grading designed and constructed in accordance with City standards.
6. The developer submit a Geotechnical Report prepared by a Soils Consultant to the
satisfaction of Municipal Works.
7. The developer pay the City the required fees for boulevard tree planting according
to the above criteria.
8. The developer pay the Development Charges in force at the time of execution of
the Subdivision Agreement as per the City’s Development Charges By-law.
9. The developer grant the City and public utility companies any easements required
to service the subdivision.
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10. The developer submit the digital data and contract documents in accordance with
the City CAD standards, and itemized in accordance with the City Schedule of
Quantities and Unit Prices format.
11. The developer pay the required fees for Engineering Inspection and Administration
for the subdivision.
12. The developer prepare a street lighting drawing and photometric plan, in
accordance with the City specifications (as amended April 2016).
13. The developer grant the Municipality and/or Public Utility companies any
easements that may be required to service the subdivision.
14. The developer dedicate Blocks 140 and 141 to the City for parkland purposes.
Block 140 is to be provided to the City in a condition ready for finished park
development, including grading the park to approved elevations per City park
concept plans, provide perimeter catch basins and drains for the park to City
standards, and graded with topsoil and seeded to the City’s satisfaction. In
addition, a 50 mm diameter water service to the park property line with a curb stop
valve shut off and an electrical service to the park capable of powering future park
security lighting is to be provided. A walkway is to be constructed on Block 141 in
accordance with City standards. Chain link fencing is to be installed to the City’s
satisfaction on Block 140 along the Warren Woods trail and where abutting lots
and along the sides of Block 141 to the City’s satisfaction.
15. The developer provide a landscape plan prepared by a landscape architect to the
satisfaction of the City, showing complete design , landscape information and
fencing for the park
16. Should any subdivision entry features be proposed, details of the features be
provided to Parks Design for review, along with cost estimates for initial
construction and future repair/replacement of the features. NOTE: Subdivision
entrance features are to be erected on lands to be dedicated to the City.
17. That parking restrictions be imposed to Fire Services satisfaction prohibiting
parking on one side of road where the asphalt width is less than 8 m or on one
side of the road within residential cul-de-sacs. The subdivision agreement is to
specify the supply and installation of no parking signage are at the cost of the
developer.
18. The developer submit servicing plans to Municipal Works and Fire Ser vices for
review. Such plans are to include road widths and curb radii. Note that the
Municipal Works Department is responsible for final approval of said servicing
plans.
19. The developer convey Lots 86 and 87 to the City for a possible road connection to
residentially designated lands west of Warren Creek. This is to be shown as a
road connection in the final plan submitted for approval. Should the connection not
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be necessary, the lands are to be conveyed back to the developer for a nominal
consideration.
20. That a traffic study be completed to the satisfaction of Transportation Services.
This study is to provide traffic estimates for this neighbourhood to assist in the
Environmental Assessment for McLeod Road improvements.
21. The developer receive final approval of the Official Plan and Zoning By-law
amendments to provide land use policies and regulations to guide the development
of the subdivision.
22. The developer provide three calculated plans and a letter prepared by an On tario
Land Surveyor to Planning, Building & Development confirming that all lots and
blocks comply with the Zoning By-law.
23. 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.
24. That Community Mail Boxes (CMBs) be located in locations determined in
cooperation with Canada Post, and that the developer identify these sites on a
display in the sales office and on appropriate maps, information boards and plans.
25. 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.
26. The developer satisfy all requirements of Canada Post regarding granting
necessary easements for CMBs, 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.
27. 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 road
allowances or for temporary gas pipe installations pertaining to phase construction,
all costs are the responsibility of the applicant.
28. The developer grade all streets to final elevation prior to installation of the gas lines
and provide Enbridge Gas Distribution Inc. with the necessary field survey
information required for installation of gas lines.
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29. The developer provide Enbridge Gas Distribution with the necessary easements
in the event they are required to service the development.
30. The following notice clause shall be included in the Subdivision Agreement and in
any Condominium Agreement and in any Site Plan Agreement and in all
Agreements of Purchase and Sale for the subdivision lots and blocks, and in any
leases:
“Cytec Canada Inc. (“Cytec”) owns lands located north of the Welland River and
west of Garner Road. Cytec’s lands are designated Industrial and zoned for heavy
industrial uses. Cytec operates chemical manufacturing and industrial facilities on
its lands and may in the future expand its operations by expanding or adding to its
existing buildings or constructing new buildings and/or intensifying its operations.
Cytec may also erect and/or construct and operate facilities for any of the uses
permitted in the City’s Zoning By-law. Cytec’s use of its lands may generate odour
and air emissions and create noise, together with other industrial effects. Cytec is
a member of the Canadian Chemical Producer’s Association and has been verified
under the Responsible Care Codes of Practice. This notice clause includes any
successors and/or assigns in title to Cytec.”
31. The owner receive acknowledgement letters from the Ministry of Tourism, Culture
and Sport confirming that all archaeological resource concerns have satisfied
licensing and resource conservation requirements. A copy of all acknowledgement
letters and archaeological assessments shall be submitted to the Niagara Region
Planning and Development Services Department. No demolition, grading or other
soil disturbances shall take place on the property prior to the issuance of the
Provincial acknowledgement letters.
32. 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 Ministry of
Tourism, Culture and Sport in London (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
Standards and Guidelines for Consultant Archaeologists.
In the event that human remains are encountered during construction, all activities
must cease immediately and the local police as well as the Cemeteries Regulation
Unit of the Ministry of Government and Consumer Services in Toronto (416-326-
8800) must be contacted. In situations where human remains are associated with
archaeological resources, MTCS should also be notified to ensure the site is not
subject to unlicensed alterations which would be a contravention of the Ontario
Heritage Act.”
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33. The developer provides a written acknowledgement to Niagara Region stating that
draft approval of this subdivision does not include a commitment of servicing
allocation by Niagara Region as this servicing allocation will not be assigned until
the plan is registered, and that any pre-servicing will be at the sole
risk/responsibility of the developer.
34. 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 subdivision, shall contain a clause indicating that a servicing
allocation for this subdivision will not be assigned until the plan is registered, and
a similar clause be inserted in the subdivision agreement.
35. That prior to final approval for registration of this plan of subdivision, the developer
shall submit design drawings (with calculations) for the sanitary and storm
drainage systems required to service this development and obtain Ministry of the
Environment, Conservation and Parks Compliance Approval under the Transfer of
Review Program.
36. That verification of available wet weather sanitary capacity in the South Niagara
Falls required to accommodate development, be submitted for review and approval
by Niagara Region and the City. Based on the information submitted, the
Region/City may be requiring flow monitoring conditions be included in the
agreement to verify that the estimated wet weather flows are being met in the field
after construction of the sanitary sewers and before assumption by the City. If the
verification is unsuccessful, mitigation measures may be required.
37. The developer submit the design drawings (with calculations) for the sanitary and
storm drainage systems required to service this development and obtain Ministry
of the Environment, Parks and Conservation Environmental Compliance
Approval(s) under the Transfer of Review Program.
38. That prior to approval of the final plan or any on-site grading, the developer shall
submit a detailed stormwater management plan for the subdivision and the
following plans designed and sealed by a qualified professional engineer in
accordance with the Ministry of the Environment, Parks and Conservation
documents entitled Stormwater Management Planning and Design Manual, March
2003 and Stormwater Quality Guidelines for New Development, May 1991, or
successors to the Niagara Region Planning and Development Services
Department for review and approval;
(a) Detailed lot grading, servicing and drainage plans, noting both existing and
proposed grades and the means whereby overland flows will be
accommodated across the site; and
(b) Detailed erosion and sedimentation control plans.
39. The subdivision agreement contain provisions whereby the developer agrees to
implement the approved plan(s) required in accordance with Condition No. 36.
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40. The owner ensure throughout all phases of development, that all streets and
development blocks can provide an access in accordance with the Niagara
Region’s Corporate Policy and By-laws relating to the curb side collection of waste
and recycling. Where a through street is not maintained, the developer shall
provide a revised draft plan to show an appropriate temporary turnaround to permit
Regional waste collection.
41. The developer shall comply with Niagara Region’s Corporate Policy for Waste
Collection and complete the Application for Commencement of Collect ion.
NOTES:
1. Prior to granting final plan approval, the City must be in receipt of written confirmation
that the requirements of each condition have been met and all fees have been paid to
the satisfaction of the Niagara Region.
2. Prior to final approval for registration, a copy of the draft subdivision agreement for the
proposed development should be submitted to the Niagara Region for verification that
the appropriate clauses pertaining to any of these conditions have been included. A
copy of the executed agreement shall also be provided prior to registration.
3. In order to request clearance of the above noted Regional conditions, a letter outlining
how the conditions have been satisfied, together with all studies and reports (two hard
copies and a PDF digital copy), the applicable review fee, and the draft subdivision
agreement shall be submitted to the Niagara Region by the applicant as one complete
package, or circulated to the Niagara Region by the City of Niagara Falls.
Clearance of Conditions
Prior to granting approval to the final plan, Planning, Building & Development requires
written notice from applicable City Divisions and the following agencies indicating that
their respective conditions have been satisfied:
Legal Services for Conditions 2 and 3
Transportation Services for Conditions 4, 19 and 20
Municipal Works for Conditions 4 to 13 inclusive, 18
Landscape Architect for Conditions 14 to 16 inclusive
Fire Services for Conditions 17 and 18
Planning and Development Services for Conditions 21 to 23 inclusive
Canada Post for Conditions 24 to 26 inclusive
Enbridge Gas Distribution Inc. for Conditions 27 to 29 inclusive
Cytec Canada Inc. for Condition 30
Regional Municipality of Niagara for Conditions 31 to 41 inclusive
Page 147 of 377
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APPENDIX B
DRAFT OFFICIAL PLAN AMENDMENT
LAND USE CHANGES TO THE GARNER SOUTH SECONDARY PLAN
Page 148 of 377
Location: Southwest Corner of McLeod Rd and Kalar Rd
Applicant: Cobas Developments
Proposal: Residential Plan of Subdivision
Official Plan and Zoning By-law Amendment Application
AM-2019-018
Plan of Subdivision Application 26T-11 -2019-004 Page 149 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Location
Warren Creek Proposed
Apartments
Detached
Dwellings
Commercial
Plazas
16.8 ha
(41.5 ac) Page 150 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Applicant has applied to subdivide
the 16.8 ha parcel into 104 lots for
detached dwellings, 8 lots for 16
semi-detached dwelling units, 26
blocks for 148 on-street
townhouse dwelling units, 1 block
for the future division into 2
elementary school sites and blocks
for a park; road widenings and
reserves. Page 151 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Background cont.
•Applicant has also applied to amend the Garner South Secondary Plan to
redesignate Residential High Density lands to Residential Medium Density, and
to adjust the land use boundaries between the Residential, Low and Medium
Density and Open Space designations to accommodate the development.
High Density Res
Low Density Res
Medium Density Res
Open Space
Medium Density
Res (schools
permitted) Page 152 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Background cont.
•Zoning By-law is requested
to be amended to:
–Rezone proposed residential
lots and blocks site specific
Residential Mixed (R3)
–Rezone Proposed school block
Institutional (I)
–Rezone park block Open Space
(OS).
R3
OS
I Page 153 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Subdivision Plan Page 154 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Open House
October 7, 2019
•Attended by 7 nearby residents.
•Residents expressed concerns about McLeod Road conditions and
traffic safety, traffic infiltration into neighbourhoods and the size of the
park.
•Staff noted that McLeod Road ROW is to be widened, and an
Environmental Assessment is to be completed to identify necessary
improvements and need for traffic lights.
•In addition staff noted the park has been sized in accordance with the
amount that can be requested under the Planning Act. Page 155 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Open House
•The applications are consistent with the Growth Plan and Provincial Policy
Statement as follows:
–Involve Greenfield lands within the Urban boundary;
–Achieves a density of 53 jobs/people per hectare, in keeping with the
minimum Provincial target of a minimum 50 jobs/people per hectare.
–Noise study submitted by the applicant confirms proposed subdivision will
not be adversely impacted by industrial uses on the east side of Kalar
Road.
–A range of housing types and necessary educational facilities are
proposed to serve residents and contribute to a complete community.
Provincial Policy Statement & Growth Plan Page 156 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
Official Plan / Garner South Secondary Plan -
•Requested area designated for Residential, High Density be redesignated
Residential, Medium Density. This area is proposed to be developed as
school sites. Should these sites not be developed for schools they can be
developed for a variety of multiple unit dwellings under a Residential,
Medium Density designation.
•A 2 ha park was illustrated on the land in the Secondary Plan, applicant is
requesting this area be reduced to the area permitted to be dedicated
under the Planning Act. Land was instead acquired for 2 new parks in the
Secondary Plan area to serve nearby residents. Parks Design staff are
satisfied the size, location and configuration of the park will be adequate
for a neighbourhood serving function. Page 157 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
Secondary Plan cont.
•The Residential, Low Density and Residential, Medium Density
designations are requested to be adjusted to reflect the proposed
development layout. Proposal complies with unit types expected in these
desingations.
•The subdivision meets minimum density requirements of the Secondary
Plan.
•The minimal number of reverse lot frontages onto McLeod Road can be
tolerated as similar conditions exist on the north side of McLeod Road.
Page 158 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
Zoning By-Law
•Lands are currently
zoned Development
Holding (DH) Lots for
single detached and
on-street townhouses
and requested to be
zoned a site specific
R3 zone. Changes to
the standard R3 zone
are noted:
ZONE REGULATION
EXISTING REGULATION PROPOSED REGULATION
Minimum lot area 370 sq.m (detached dwelling
200 sq.m. (townhouse unit)
290 sq.m (detached dwelling)
180 sq.m (townhouse unit)
Minimum lot frontage:
Detached dwelling
Detached dwelling 12 m (interior
lot)
Detached dwelling 15 m (corner lot)
Semi-detached dwelling 18 m
(interior lot)
On street townhouse dwelling 6.5
m
Detached dwelling 9.5 m (interior
lot)
Detached dwelling 12.5 m (corner
lot)
Semi-detached dwelling 15 m
(interior lot)
On street townhouse dwelling 6 m
Minimum front yard
depth
6 m 4.5 m (dwelling)
6 m (garage face)
Minimum rear yard 7.5 m 6 m
Minimum interior side
yard, detached, semi-
detached, duplex dwelling
1.2 m 1 m on one side and 0.6 m on the
other
Minimum interior side
yard, townhouse dwelling
3.0 m 1.2 m
Minimum exterior side
yard
4.5 m 2.4 m (dwelling)
6 m (garage face) Page 159 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
Zoning By-Law
•Changes requested to
the standard R3 zone
(cont.)
ZONE REGULATION
EXISTING REGULATION PROPOSED REGULATION
Maximum lot coverage 45% None (controlled by setbacks)
Minimum landscaped open
space
30% of the lot area None
Maximum height 10 m 12.5 m
Maximum floor area of a
second dwelling unit
40% of the primary dwelling
unit floor area
40% of the dwelling and garage
floor area
Parking for a primary and
second dwelling unit
1 space for each;
Tandem not allowed
2 spaces which may be provided
in tandem
Addl. setback from
cetnreline of Kalar and
McLeod Rds
Rear yards along Kalar and
McLeod Rds
No
Permitted projection of
canopies, eaves, gutters
into a required yard
0.45 m 1 m
Maximum width of
driveway
60% of lot frontage up to 9 m 65% of lot frontage Page 160 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
Zoning By-Law
•Most of the requested changes can be supported as they facilitate compact form,
are similar to regulations in other phases of the Warren Woods development,
adequate distances between dwellings and the street are maintained.
•Staff do not support, or recommend modifications to the following requested
changes:
–Reducing rear yard depth to 6 m would result in yards that are noticeably smaller than rear
yards. Staff recommend a minimum rear yard depth of 7 m per the standard applied elsewhere
in the Warren Woods neighbourhood.
– Eliminating landscaped open space. A minimum 25% of the lot area should be required to be
landscaped to maintain compatibility with the rest of the Warren Woods neighbourhood.
–Permitting the size of the second dwelling unit to be 40% of the gross floor area including the
basement is acceptable, but garage areas are not included in dwelling area calculations.
–Permitting required parking for a second dwelling unit to be provided in tandem. Required
parking should be provided in a configuration where each vehicle can exit the property without
having to move another vehicle. Page 161 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
Zoning By-Law cont.
•An Open Space zone is requested for the public park and trail connection blocks
which will permit the uses contemplated in the park. The City can use these lands
without amending lot area and frontage regulations.
•The school block is proposed to be zoned Institutional, which will provide
appropriate regulations for the proposed schools. Page 162 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
Subdivision Design
•Proposed subdivision contains a mix of lots and blocks for detached, semi -detached, on-street
townhouses, park, and schools.
•Applicant has shown the 2 future schools sites as a single block, once funding has been
assigned and the exact school block dimensions determined, the block can be divided through
Part Lot Control. Should funding not be granted for either school, the applicant can pursue a
zoning amendment for medium density residential.
•A park block being dedicated to the City will provide neighbourhood park facilities to residents
of this subdivision as well as the neighbourhood to the south.
•Transportation Services has suggested that two lots be reserved to provide a future access
and proper circulation to residentially designated lands across Warren Creek. A condition has
been added to Appendix A requiring conveyance of a block to the City for this purpose. If not
needed it can be conveyed back to the developer.
•McLeod Road is to be improved. A transportation study will be required to provide estimates to
help guide a future Environmental Assessment for the improvements.
•A warning clause regarding Cytec’s operations has also been requested by Cytec similar to
earlier Warren Woods phases. Page 163 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Conclusion
•Complies with Provincial and Regional policies with respect to achieving
minimum density targets in a Greenfield Area;
•Requested changes to Garner South Secondary Plan are acceptable as
density targets will be met and a neighbourhood park will be provided.
•Recommended zoning regulations for the residential lots and blocks will
allow for compact form while the Open Space and Institutional zones will
provide for recreational uses and establish regulations for schools.
Page 164 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
1.That the application to amend the Official Plan (Garner South Secondary Plan)
be approved as detailed in this report;
2.That the application to amend the Zoning By-law be approved subject to the
modifications detailed in the staff report;
3.That Splendour Plan of Subdivision be draft approved subject to the conditions
in Appendix A;
4.That the Mayor or designate be authorized to sign the draft plan as “approved”
20 days after the notice of Council’s decision has been given as required by the
Planning Act, provided no appeals of the decision have been lodged;
5.That draft approval be given for three years, after which approval will lapse
unless an extension is requested by the developer and granted by Council.
6.That the Mayor and City Clerk be authorized to execute the Subdivision
Agreement and any required documents to allow for the future registration of
the subdivision when all matters are addressed to the satisfaction of the City
Solicitor.
Page 165 of 377
Official Plan Amendment, Zoning By-law Amendment, &
Draft Plan of Subdivision
Splendour Subdivision Page 166 of 377
Splendour Subdivision Page 167 of 377
Draft Plan of Subdivision Page 168 of 377
Official Plan Amendment
Proposed Designation – Garner South Secondary Plan
Part 1: Low Density Residential – Single Detached Dwellings
Part 2: Medium Density Residential – Semi-detached and Street Townhouse
Dwellings
Part 3: Open Space Block – park purposes
Part 4: Medium Density Residential / Institutional
Page 169 of 377
Zoning By-law Amendment
All Lands Currently Development Holding Zone
Proposed Zoning:
Part 1: Residential 3(R3) – Site Specific Zone
•Includes, single detached, semi-detached, street townhouse dwelling units
Part 2: Institutional – future DSBN and NCDSB school sites
Part 3: Open Space Block – park purposes
Page 170 of 377
Splendour Subdivision
•Traffic completed by Paradigm
Transportation Solutions Ltd.
•Archeological Stage 1, 2, & 3 completed by
Detritus Consulting Ltd.
•Stage 4 at the MTCS for clearance
•Environmental Site Assessment completed
by Wood PLC
•Functional Servicing / SWM completed by
Upper Canada Consultants
Completed Studies: Page 171 of 377
Splendour Subdivision
Conditions of Approval – Adjusted Wording for Condition #30:
Add the following to Condition #30: Cytec Canada shall not unreasonably
withhold their clearance of this provision, subject to the discretion of the
City Solicitor
Zoning Adjustment by Staff – no concerns or changes requested
Conditions of Approval – Revised Condition #19
Condition #19: The developer maintain ownership of a designated lot for
a potential road connection to the west, but be subject to a 5-year
reserve provision by the City. If the City does not utilize the lot for road
purposes within 5-years, the developer shall be permitted to apply for a
residential building permit on the lot. This can be addressed in the
Subdivision Agreement. Page 172 of 377
Splendour Subdivision Page 173 of 377
Splendour Subdivision
High Quality
Building
Materials
High Quality
Architectural
Design
Traditional & Modern Unit Designs Page 174 of 377
Draft Plan of Subdivision Page 175 of 377
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PBD-2020-04
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2020-04
Matters Arising from Municipal Heritage Committee
Earl Thomas House 6320 Pine Grove Ave – Proposed Severance
RECOMMENDATION
1. That Council not approve the proposed alteration of the property in the form of the
severance of a portion of the property as it will impact the setting of the building on
the property which is one of its most important heritage attributes.
BACKGROUND AND ANALYSIS
The Earl Thomas house, c.1929, is described as sitting on a slight rise in a prominent
position at the corner of Pine Grove Avenue and Murray Street. (Schedule 1, Location
map) The two storey Tudor Revival style dwelling (Schedule 2) is situated on the east
side of Pine Grove Avenue and straddles the lot lines of two of the four lots which provide
the landscaped setting for this building. The house was designed by Claude Finlay for
Earl Thomas, who was a prominent member of the community and contributed to the
development of Bright’s Wines, now Vincor Winery. The property was designated in 2009
by By-law No. 2009-191.
The owner has submitted a proposal to sever a portion of the lands along the east lot line.
(Schedule 3 – shown as Part 2).
In addition to the architectural significance and associative value with Earl Thomas, t he
setting of the property is a character defining element which is the first heritage attribute
listed in the description of the heritage attributes in the designating by-law. The large
property consisting of four lots with mature trees creates a significant landscape setting.
The 2015 Provincial Policy Statement and Niagara Falls Official Plan require that any
development or site alteration on adjacent lands to protected heritage properties must
demonstrate that the heritage attributes of the protected property will be preserved. Given
that the property at 6320 Pine Grove Avenue is designated, the Municipal Heritage
Committee requested submission of a Heritage Impact Assessment (HIA) for the property
to assist in determining what impacts the severing of the property would have on the
designated property. The HIA opined that the creation of the lot behind the existing
dwelling would have the least impact on the dwelling and a new dwelling could be built
behind the existing dwelling maintaining visual prominence of the historic home. Through
a review of the HIA, the Committee determined that the views and vistas both in to the
property and out from the property would be severely impacted. The landscape of the
Page 182 of 377
2
PBD-2020-04
January 28, 2020
rear yard will be completely eradicated with the destruction of the kitchen garden at the
rear of the house as well as the original plantings in that area. As one Committee member
stated: “the heritage value is in the property as a whole as the dwelling is prominently and
symmetrically located at the centre of the four lots surrounded by well laid out landscaped
zones”. The setting of the house on the property would be severely impacted as the
house would cease to be centered on the four lots to become located to the rear of an
oddly shaped lot. The Committee was not supportive of the proposed severance.
The Municipal Heritage Committee met on May 27, 2019 and made the following motion
with respect to the Earl Thomas House,
“That the Committee does not support the proposed severance as it will impact the
setting of the building and will alter the reasons for designation of the property.”
The owner has now submitted a severance application to the Committee of Adjustment.
That application is on hold pending Council’s decision. The alteration of the property
through the proposed severing of a portion of the lands along the east property line will
have a large impact on the setting of the house (Schedule 4 – photo of landscaped setting)
on the property which is one of the most important heritage attributes of the property.
Therefore, the Municipal Heritage Committee cannot support this proposal.
FINANCIAL IMPLICATIONS
There are no financial implications to the City with respect to this proposal.
LIST OF ATTACHMENTS
Schedule 1 – Location Map
Schedule 2 – Photo of 6320 Pine Grove Avenue
Schedule 3 – Proposed Severance
Schedule 4 – Photo of Landscaped Setting
Appendix 1 – Heritage Impact Assessment
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
P.Boyle:gd
Attach.
S:\PDR\2020\PBD-2020-04, Matters Arising from MHC, Earl Thomas House.docx
SCHEDULE 1
Page 183 of 377
3
PBD-2020-04
January 28, 2020
Page 184 of 377
4
PBD-2020-04
January 28, 2020
SCHEDULE 2
6320 Pine Grove Avenue
Page 185 of 377
5
PBD-2020-04
January 28, 2020
SCHEDULE 3
Part 2 Area of Proposed Severance
Page 186 of 377
6
PBD-2020-04
January 28, 2020
SCHEDULE 4
Landscaped setting
Page 187 of 377
Heritage Impact Assessment
6320 Pine Grove Avenue
City of Niagara Falls
April 2019
Leah D. Wallace, MA MCIP RPP
Land Use & Heritage Planning Services
Niagara-on-the-Lake, Ontario
Page 188 of 377
6320 Pine Grove Avenue, Niagara Falls
Leah D. Wallace, MA MCIP RPP Page 1
INTRODUCTION...................................................................................................................................... 3
Subject Lands ......................................................................................................................................................... 3
Surrounding Land Uses and Heritage Properties .................................................................................................... 4
PROPOSAL ................................................................................................................................................ 5
EXISTING HERITAGE POLICY CONTEXT ......................................................................................... 7
The Planning Act .................................................................................................................................................... 7
Provincial Policy Statement (PPS) .......................................................................................................................... 7
Growth Plan for the Greater Golden Horseshoe .................................................................................................... 8
Ontario Heritage Act (OHA) ................................................................................................................................... 9
Standards and Guidelines for Conservation of Historic Places in Canada ............................................................. 10
Niagara Regional Official Plan .............................................................................................................................. 10
City of Niagara Falls Official Plan ......................................................................................................................... 11
1. Residential Designation .................................................................................................................................. 11
2. Heritage Conservation .................................................................................................................................... 12
3. Urban Design Strategy .................................................................................................................................... 14
City of Niagara Falls Zoning By-law No. 79-200 .................................................................................................... 14
HERITAGE IMPACT ANALYSIS ......................................................................................................... 15
Description of Proposed Development and Site Alteration .................................................................................. 15
Historical Research and Site Analysis ................................................................................................................... 15
1. History of Niagara Falls ................................................................................................................................... 15
2. Site Analysis .................................................................................................................................................... 21
Identification and Significance and Heritage Attributes of Property .................................................................... 25
1. 6320 Pine Grove Avenue (Earl A. Thomas House) .......................................................................................... 25
2. Summary......................................................................................................................................................... 26
Evaluation of Heritage Impacts ............................................................................................................................ 27
1. Provincial, Regional and Local Policies ........................................................................................................... 28
2. Analysis of Heritage Impacts Based on Ministry of Tourism, Culture and Sport InfoSheet #5 ....................... 28
Page 189 of 377
6320 Pine Grove Avenue, Niagara Falls
Leah D. Wallace, MA MCIP RPP Page 2
9. Analysis of Heritage Impacts Based on the General Standards for Preservation, Rehabilitation and
Restoration, Standards and Guidelines for the Conservation of Historic Places in Canada .................................... 30
MITIGATION AND CONSERVATION METHODS .......................................................................... 33
IMPLEMENTATION AND MONITORING ........................................................................................ 34
CONCLUSION AND CONSERVATION RECOMMENDATIONS .................................................... 35
APPENDICES .......................................................................................................................................... 36
Appendix I Designation By-laws ................................................................................................................... 36
Appendix II Severance Sketch – 6320 Pine Grove Avenue, City of Niagara Falls ............................................. 36
BIBLIOGRAPHY .................................................................................................................................... 37
Books ................................................................................................................................................................... 37
Articles and Reports............................................................................................................................................. 37
Websites .............................................................................................................................................................. 37
CURRICULUM VITAE – LEAH D. WALLACE .................................................................................. 38
PRESENT POSITION .............................................................................................................................................. 38
EDUCATION ......................................................................................................................................................... 38
PROFESSIONAL .................................................................................................................................................... 38
MEMBERSHIPS ..................................................................................................................................................... 38
CAREER HISTORY ................................................................................................................................................. 38
APPOINTMENTS ................................................................................................................................................... 39
AND AWARDS ...................................................................................................................................................... 39
PUBLICATIONS AND ............................................................................................................................................. 40
PRESENTATIONS .................................................................................................................................................. 40
PROJECTS ............................................................................................................................................................. 41
Page 190 of 377
6320 Pine Grove Avenue, Niagara Falls
Leah D. Wallace, MA MCIP RPP Page 3
Introduction
This Heritage Impact Assessment is produced as a requirement for a proposed consent to sever
a lot from the property at 6320 Pine Grove Avenue (Earl A. Thomas House), Lots 132, 133, 134
and 135, Plan 315 in the City of Niagara Falls. The assessment provides historical background,
identifies significant heritage resources and cultural heritage landscapes and analyses the
impact of the proposed development on the protected and identified heritage resources on the
subject property and its impact on cultural heritage landscape features and resources on the
properties. Because the property is designated under Part IV of the Ontario Heritage Act (OHA)
a Regulation 9/06 analysis and a draft Statement of Significance do not constitute part of this
assessment (APPENDIX I). These were completed when the property was designated.
Figure 1: Subject Property 6320 Pine Grove Avenue
Subject Lands
The subject property is located in a residential area on the northeast corner of Pine Grove
Avenue and Murray Street a block east of Drummond Road, south of Symmes Street and west
of Orchard Avenue. The house, which is centred on the lot, faces Pine Grove Avenue. The
driveway and garage access is from Murray Street.
Page 191 of 377
6320 Pine Grove Avenue, Niagara Falls
Leah D. Wallace, MA MCIP RPP Page 4
Surrounding Land Uses and Heritage Properties
The surrounding land uses are residential. The streets are arranged in a tight grid pattern of
lots of similar size and shape. The residential properties along Pine Grove Avenue are single
detached dwellings of varying ages and styles located on properties of a consistent size and
shape. The property at 6320 Pine Grove Road is the largest property on the street consisting of
a number of lots purchased by Earl A. Thomas before the house was constructed. Along
Murray Street there is a mix of houses to the west and east and low rise apartment buildings,
mainly located on the south side of the street to the east. There is one apartment building
located immediately east of the subject property on the north side of the street which effectively
obscures views of the property looking west along Murray Street.
Figure 2: Subject Property: 6320 Pine Grove Avenue
There are no designated properties adjacent to the subject property. The closest properties
designated under Part IV of the Ontario Heritage Act (OHA), are the J. Ingles House, an 1855
Gothic Revival cottage and the Orchard/Cadham House an 1850 house with Queen Anne
details, both located three (3) blocks north of 6320 Pine Grove Avenue on the north side of Culp
Street.
The closest listed property, the Mcglashan House, is located at 6395 Drummond Road. While it
is not designated under Part IV of the OHA, the property is listed on the city’s Heritage
Properties Database. This property and others on Culp Street are considered to be of
significant cultural heritage value and interest.
Page 192 of 377
6320 Pine Grove Avenue, Niagara Falls
Leah D. Wallace, MA MCIP RPP Page 5
Figure 3: Designated and Listed Properties Near 6320 Pine Grove Avenue (City of Niagara Falls)
Proposal
The proposal is to sever a lot on the east side of the property (rear yard) and to construct a
house on the severed lot. The proposed lot frontage is 13m (42.65 ft.) The building envelope is
set back 16m (52.49 ft.) from Murray Street. Side yard set backs are 1.25m (4.10 ft.) and the
rear yard is 7.59m (24.90 ft.) in depth. The existing dwelling, which is designated under Part IV
of the OHA, will remain in its current location and the generous side yards and a portion of the
rear yard will be maintained as existing. ( Fig. 3, APPENDIX II)
Page 193 of 377
6320 Pine Grove Avenue, Niagara Falls
Leah D. Wallace, MA MCIP RPP Page 6
Figure 4: Proposed Severance Sketch (APPENDIX II)
Page 194 of 377
6320 Pine Grove Avenue, Niagara Falls
Leah D. Wallace, MA MCIP RPP Page 7
Existing Heritage Policy Context
The Planning Act
Part 1 of the Planning Act includes a list of matters of provincial interest. Section 2(d) states
that the Minister, the council of a municipality and the Ontario Municipal Board, in carrying out
their responsibilities shall have regard to:
The conservation of features of significant architectural, cultural, historical,
archaeological or scientific interest.
In 2015, an additional clause, Section 2(r), was added. This clause provides for the promotion
of built form that is well-designed, encourages a sense of place, and provides for public spaces
that are of high quality, safe, accessible, attractive and vibrant.
Provincial Policy Statement (PPS)
Section 2.6 of the PPS, Cultural Heritage and Archaeology, contains the following policies for
both built heritage resources and cultural heritage landscapes.
Policy 2.6.1: Significant built heritage resources and significant cultural landscapes shall be
conserved.
Policy 2.6.3: Planning authorities shall not permit development and site alterations on adjacent
lands to protected heritage property unless the proposed development and any site alteration is
evaluated and that evaluation demonstrates that the heritage attributes of the protected property
will be conserved.
Policy 2.6.2: Development and site alteration on lands containing archaeological potential is not
permitted unless any archaeological resources have been conserved.
The PPS provides the following definitions which assist in understanding and applying these
cultural heritage and archaeology policies.
Significant built heritage resource means a building, structure, monument, installation or any
manufactured remnant that contributes to a property’s cultural heritage value or interest as
identified by a community. Built heritage resources are generally located on property that has
been designated under Parts IV or V of the Ontario Heritage Act (OHA), or included on local,
provincial and/or federal registers.
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6320 Pine Grove Avenue, Niagara Falls
Leah D. Wallace, MA MCIP RPP Page 8
Significant cultural landscape means a defined geographical area that may have been modified
by human activity and is identified as having cultural heritage value or interest by a community.
The area may involve features such as structures, spaces, archaeological sites or natural
elements that are valued for their interrelationship, meaning or association. Examples may
include, but are not limited to, heritage conservation districts, villages, parks, gardens,
battlefields, main streets, neighbourhoods, cemeteries, trailways, view sheds, natural areas and
industrial complexes.
Protected heritage property means a property designated under Parts IV, V or VI of the Ontario
Heritage Act.
Adjacent means those lands contiguous to a protected heritage property or as otherwise defined
in the municipal official plan.
Development means creation of a new lot, a change in land use, or the construction of buildings
and structures requiring Planning Act approval.
Site alteration means activities such as grading, excavations and placement of fill.
Heritage attributes means the principal features or elements that contribute to a protected
heritage property’s cultural heritage value or interest. These may include the property’s built
elements as well as natural landforms, vegetation, water features and visual setting including
views or vistas to or from a protected heritage property
Archaeological resources include artifacts and archaeological sites as defined under the Ontario
Heritage Act. Identification and evaluation of these resources are based on archaeological
fieldwork undertaken in accordance with that Act.
The property at 6320 Pine Grove Avenue is designated under Part IV of the OHA and is a
protected heritage property in accordance with the policies in the PPS. There are no protected
properties adjacent to this property. Because the property is a significant cultural heritage
resource, a heritage impact assessment is required in accordance with the policies in the PPS.
This requirement is affirmed in the Regional and local Official Plan policies.
Growth Plan for the Greater Golden Horseshoe
The 2017 Growth Plan for the Greater Golden Horseshoe was approved by an Order in Council
in May 2017 and came into effect on July 1, 2017. Heritage conservation policies in the new
Growth Plan have been enhanced to recognize the importance of cultural heritage resources for
their contribution to a sense of identity; their support of a vibrant tourism industry; and their
ability to attract investment based on cultural amenities. The Plan also recognizes that
accommodating development growth can put pressure on these resources and that it is
necessary to plan to protect and maximize the benefits of these resources for their ability to
make communities unique and attractive places to live.
Page 196 of 377
6320 Pine Grove Avenue, Niagara Falls
Leah D. Wallace, MA MCIP RPP Page 9
Policy 4.2.7 states that cultural heritage resources will be conserved to foster a sense of place
and encourages municipalities to prepare archaeological management plans and cultural plans
to be considered in their decisions regarding development
Policy 4.2.9(d)iii, A Culture of Conservation, promotes building conservation and adaptive reuse
and recycling of construction materials. The Plan also includes definitions for Built Heritage
Resource, Cultural Heritage Landscape and Cultural Heritage Resources that align with the
definitions in the PPS.
The heritage impacts of the proposed development will be assessed in accordance with Growth
Plan policies in the PPS and the Regional and local official plans.
Ontario Heritage Act (OHA)
The OHA provides policies and regulations for the protection of built heritage resources, cultural
landscapes such as heritage conservation districts, and archaeological resources through the
process of identifying, listing and designating those resources.
Part IV of the Act deals with:
Designation of individual properties;
Alterations that are likely to affect the heritage attributes of those properties as specified
in designation by-laws;
Requests to demolish those properties; and
Listing designated properties on the Register
Section 27(1.2) of the Act permits Council to include property on the Register that is not
designated under Part IV; but that the municipality believes to be of cultural heritage value or
interest.
Part V of the Act deals with:
Designation of heritage conservation districts;
Preparation of heritage conservation district plans and their contents;
Alterations to any part of the property with the exception of the interior of buildings or
structures; and
Requests to demolish buildings or structures on those properties.
Part VI of the Act deals with:
Archaeological sites including activities of work on those sites; and
Licensing of archaeologists.
Regulation 9/06 under the OHA provides criteria for determining cultural heritage value or
interest.
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Standards and Guidelines for Conservation of Historic Places in Canada
The Standards and Guidelines for the Conservation of Historic Places in Canada were first
published in 2003 and updated in 2010. These standards and guidelines, while they have no
legislative authority, are a tool to help users decide how best to conserve historic places, their
heritage value and character defining elements. They are used in partnership with statements
of the significance of heritage resources, such as designation by-laws. Anyone carrying out an
intervention that may impact the heritage values and character defining elements of a heritage
resource must be mindful of the impacts on that resource.
The Standards and Guidelines indicate that it is important to know where the heritage value of
the historic place lies, along with its condition, evolution over time, and past and current
importance to its community.
Planning should consider all factors affecting the future of a historic place, including the needs
of the owners and users, community interests, the potential for environmental impacts, available
resources and external constraints. The most effective planning and design approach is an
integrated one that combines heritage conservation with other planning and project goals, and
engages all partners and stakeholders early in the process and throughout. For historic places,
the conservation planning process also needs to be flexible to allow for discoveries and for an
increased understanding along the way, such as information gained from archaeological
investigations or impact assessments.
Any action or process that results in a physical change to the character-defining elements of a
historic place must respect and protect its heritage value. A historic place’s heritage value and
character-defining elements can be identified through formal recognition, such as designation
under the OHA and by nomination to the Canadian Register of Historic Places. In assessing a
proposed alteration to a designated property or any property of cultural heritage value and
interest, the 14 Standards for the Conservation of Historic Places in Canada will be adhered to.
The heritage value and character-defining elements of the property at 6320 Pine Grove Avenue
must be conserved when the consent is granted..
Niagara Regional Official Plan
The Niagara Regional Official Plan, Section 10C, contains objectives and policies for the
protection of built heritage resources and cultural heritage landscapes and requires a heritage
impact assessment where development, site alteration and/or public works projects are
proposed on, or adjacent to, a significant built heritage resource or cultural heritage landscape.
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Objectives include:
Supporting the identification and conservation of significant built heritage resources and
significant cultural heritage landscapes;
Recognizing the aesthetic, cultural and economic value of open space and parks;
Recognizing the importance of quality design; and
Conserving significant built heritage resources and cultural heritage landscapes within
the unique community context of every site.
City of Niagara Falls Official Plan
The intent of the City of Niagara Falls Official Plan is to focus new growth to accommodate
people and jobs in a sustainable fashion that makes for an orderly and effective use of land and
infrastructure, creates compact, livable communities and protects the City’s natural heritage and
agricultural lands.
1. Residential Designation
The property at 6320 Pine Grove Avenue is designated Residential in the Niagara Falls Official
Plan and is located in the Built-up Area. While it is in the Drummond Community Planning
District, it is not in the Drummondville Node and is not subject to the policies specific to the
Node.
The intent of the Plan with respect to the Residential designation is to provide for residential
development that is sufficient to accommodate anticipated population growth and the need for
various housing types and densities throughout the period of the Plan. Residential development
should occur in a manner which is compatible with the surrounding neighbourhood.
The predominant use of land in the Residential designation is dwelling units of all types catering
to a wide range of households. Predominant uses include single detached and semi-detached
dwellings, duplexes, triplexes, quadraplexes, townhouses, apartments, group homes and other
forms of residential accommodation.
Goals and objectives of the Residential designation include:
To accommodate a variety of lifestyles by encouraging a broad range of housing types;
To protect and enhance the character and image of existing residential neighbourhoods;
and
To encourage high quality design that is environmentally sustainable and is compatible
with the character and image of the adjacent buildings.
The Official Plan recognizes that opportunities exist throughout the Built-Up Area to create new
housing units. Intensification must be designed to integrate into the surrounding
neighbourhood.
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The following policies will be considered in the design of residential development, intensification
and infilling in the Built-Up Area.
Retaining the character of the existing neighbourhoods within the Built-up Area;
Blending residential development, intensification and infilling into the lot fabric,
streetscape and built form of a neighbourhood;
Creating a gradation of building heights and densities with sufficient horizontal
separation distances between taller buildings and low rise dwellings in order to ensure a
complementary arrangement of residential uses; and
Encouraging a harmonious mix of single and multiple accommodation so that at any one
time a variety of housing types will be available suitable for different age groups,
household sizes and incomes.
The conservation and renewal of the existing housing stock is encouraged as an important
element in meeting future housing needs. In addition, the maintenance and rehabilitation of
existing housing is promoted.
2. Heritage Conservation
Part 3, Section 4 of the City of Niagara Falls Official Plan is devoted to objectives and policies
for the conservation of cultural heritage resources in the Town.
Relevant general policies include:
Appointing citizen representatives to a Municipal Heritage Committee (MHC) under the
terms of the OHA to research and advise City Council on heritage matters relating to the
identification, protection and/or management of properties of cultural heritage value or
interest and advising and assisting Council on other heritage related matters as required.
Maintaining a register of properties that are considered to be of cultural heritage value or
interest containing both those lands that have been designated under Parts IV or V of
the Ontario Heritage Act as well as listed properties believed to be worthy of future
designation.
Promoting the conservation of heritage resources, with advice from the MHC, by
designating significant properties of cultural heritage value or interest under Parts IV or V
of the OHA.
Assessing, in consultation with the MHC, built heritage resources by use of studies,
surveys or other methods using the following criteria.
The property represents a rare, unique, or early example of a style, type, expression,
and material or construction method.
Built resources or design of the property displays exceptional craftsmanship or
artistic merit.
Elements of the property demonstrate a high degree of technical or scientific
achievement.
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The property is significant to the community because of direct associations to a
theme, event, belief, person, activity, organization or institution.
The property contributes to the understanding of a community or culture.
The property demonstrates/reflects the work or ideas of an architect, artist, builder,
designer or theorist who is significant to a community.
The property is important in defining, maintaining or supporting the character of an
area.
The landscape contains excellent craftsmanship or artistic merit.
The landscape is representative of a high degree of technical or scientific
achievement.
The landscape has associations to a theme, event, belief, person, activity,
organization or institution that is significant to the community,.
The landscape contains elements that contribute to the understanding of a
community or culture.
The landscape demonstrates or reflects the work or ideas of an architect, artist,
builder, designer or theorist who is significant to the community.
The landscape is important in defining, maintaining or supporting the character of an
area.
The landscape is physically, functionally, visually or historically linked to its
surroundings.
The landscape is considered a landmark of the city.
Recognizing the importance of archaeological sites in the municipality and mak ing every
effort to conserve and protect archaeological resources in situ.
Requiring that archaeological fieldwork and an archaeological report be completed by a
licensed archaeologist must be submitted before working on a property to the
satisfaction of the Ministry of Culture
Referring to the Niagara Falls Heritage Master Plan and the Region of Niagara to identify
sites with potential archaeological resources.
Developing various guidelines and plans such as heritage impact assessment
guidelines, landscape guidelines and urban design guidelines to assist in identifying,
evaluating and protecting properties of cultural heritage value or interest.
Providing for other measures of heritage conservation such as heritage overlays, site
specific zoning and site plan control.
Developing heritage provisions in the City’s property standards by-law.
Requiring that development adjacent to and surrounding significant heritage properties
be designed to not adversely impact the character, quality or amenities associated with
the protected heritage resource.
Requiring a heritage impact assessment or archaeological survey and mitigative
measures for any specific development proposal on a protected heritage resource.
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3. Urban Design Strategy
The City of Niagara Falls Official Plan includes polices that provide guidance with respect to
urban design for new development and redevelopment. The purpose of these policies is to
upgrade and maintain the city’s civic image and economic potential and to create a compact,
interconnected, pedestrian-oriented and transit-supported community.
Relevant policies include:
Utilizing building, streetscaping and landscaping designs to improve the built and social
environment of the city that integrates and is compatible with the surrounding area
including natural and cultural heritage features.
Designing new development and redevelopment that specifically addresses the height,
setbacks, massing, siting and architecture of existing buildings to provide a compatible
relationship with exiting development in the area.
Designing pedestrian oriented development.
Minimizing parking areas in the front yard and locating it primarily in the rear or side
yards with sufficient landscaping to create an effective buffer to abutting lands.
Orienting landscaping within development sites towards public use areas to create
attractive amenity areas and entranceways.
Ensuring that the size and extent of new plantings is appropriate or the mass and size of
the building and surrounding areas and selecting suitable tree types and plant species.
Using landscaping to mitigate the impacts of development on surrounding lands and
encouraging adequate buffering, screening and other landscaping measures.
Encouraging the preservation and incorporation of existing tress, vegetation, green
areas and topography into the design and landscaping plans of proposed developments.
City of Niagara Falls Zoning By-law No. 79-200
The property at 6320 Pine Grove Avenue is zoned Residential 1E Density Zone (R1E Zone) in
Zoning By-law 79-200.
Permitted uses in the Residential 1E Density Zone include:
A detached dwelling;
A home occupation in a detached dwelling;
Accessory buildings and accessory structures;
A group home type 1.
In the Residential 1E Density Zone (R1E Zone) there are also specific requirements for lot area,
minimum lot frontage, front and rear yard depths, interior side yard widths, maximum lot
coverage, maximum building height, maximum number of dwellings on a lot and parking and
access. The proposed severance has been designed to meet and, in some cases, exceed the
regulations in Zoning By-law 79-200 (APPENDIX II).
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Heritage Impact Analysis
Description of Proposed Development and Site Alteration
The proposal is to sever a single residential lot on the east side of the property at 6320 Pine
Grove Avenue in the City of Niagara Falls. The lot fronts on Murray Street with access to that
street via a driveway on the east side of the lot. (APPENDIX II)
The following lot dimensions are proposed, all of which meet or exceed the regulations for lots
in the Residential 1E Density Zone (R1E Zone) as follows
.
Lot frontage – 13m (42.65 ft.)
Lot Depth – 37.436m (122.822 ft.)
Lot Area – 486.7sq.m. (5238.80 sq.ft.)
Front yard setback minimum – 15.91m (52.20 ft.)
Rear yard setback minimum – 7.59m (24.90 ft.)
Driveway width minimum – 4m (13.12 ft.)
Historical Research and Site Analysis1
1. History of Niagara Falls
1. Aboriginal Peoples
The earliest settlers in the Niagara area were the Mound Builders who settled in the Niagara
region around 100 AD. By 1400, Neutrals occupied the area. The Iroquois defeated the
Neutrals in the mid 1600’s and decimated both their numbers and their culture.
Over the past 40 to 50 years there has been considerable research about the Neutral
demonstrating that their villages tended to cluster in distinct geographical areas. The City of
Niagara Falls coincides with the most easterly cluster in Ontario. There is one village in this
cluster known as the Stanley site located close to the northern municipal boundary of the city
and the Niagara Escarpment.
During the later 17th and early 18th centuries the former Neutral territory was occupied by the
Mississaugas whose economy was based on garden farming, hunting, fishing and gathering of
wild plants. The British Crown, recognizing that these people were the “owners” of the western
bank of the Niagara River, negotiated with them to facilitate settlement of the Loyalists and their
Six Nations allies after the American Revolution.
1 Seibel, George A., The Niagara Portage Road (City of Niagara Falls, 1990), 19-29, 269 and
Bray, Carl and Associates, Niagara Falls Heritage Master Plan, 31-36, 38-47
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2. First European Contact
The first documented visit by a European explorer to the area was Samuel de Champlain in
1615, who encountered the aboriginal peoples known as the Neutrals. The first description of
these peoples, their villages and settlement patterns was in 1626, by Joseph de La Roche
Daillon, a Recollet missionary. There were no new written records of contact until 1640 when
the Jesuits, Jean De Brebeuf and Joseph Pierre-Marie Chaumonot attempted to establish a
mission among the Neutral. Their superior, Jerome Lalement, transcribed their notes in the
Jesuit Relations in 1641 and mentioned the village of Onguiaahra on the east side of the river of
the same name.
3. United Empire Loyalists
While the French formally claimed possession of the Niagara River in the late 17 th century, it
was under British rule that permanent settlements were established. The first permanent
settlers were United Empire Loyalists, predominantly from New York State. Those who
remained loyal lost their homes and freedom. Some, such as Colonel John Butler, raised a
corps of Rangers who fought alongside the Iroquois against the revolutionary forces.
Butler knew that losing the war would force Loyalist refugees, who were housed in Fort Niagara,
to immigrate across the Niagara River. He suggested that a large tract of land should be
purchased from the Mississaugas to facilitate settlement. The purchase was negotiated by Sir
Guy Carleton in 1781 and included all of the land that now constitutes the City of Niagara Falls.
In 1783, with the signing of the Treaty of Paris, permanent settlement began. Free land was
granted to Loyalists and disbanded soldiers, though they were not owners of their land until the
arrival of Governor Simcoe in 1792, when deeds to these properties were granted from the
Crown. Niagara Township was the earliest township surveyed, in 1787. Stamford Township,
which contained a large population of Rangers and Loyalists, was surveyed in 1788. The early
roads used by the Loyalist settlers in the newly surveyed townships generally followed trails that
were used by Aboriginal people. Drummond Road through Niagara Falls is one of these,
providing a natural egress over the Escarpment to Lake Ontario.
4. Early Settlers and the Portage Road
The first settlers in the Niagara Falls area were Philip Bender and Thomas McMicken who
arrived in 1782 with their families. The early settlers needed a way to get around the falls. They
began using the trail from Isaac Dolson’s property in Queenston which led to the top of the
Niagara Escarpment through the lands lowned by the McMickens and other families. The path
then ran past the bottom of Drummond Hill through the Forsyth property and terminated at John
Burtch’s mill on the banks of the Chippawa River. This was the forerunner of what came to
know as the Portage Road. In 1788, Robert Hamilton, George Forsyth, John Burtch and
Archibald Cunningham organized the first portage between Chippawa and Queenston. The
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road was a vital transportation line during the War of 1812-1814 and for future settlement in
Niagara.2
Figure 5: Map of Stamford Military Reserve, 1807 - Brock University Map Library
5. The War of 1812 – 1814
The United States declared war on Great Britain in June 1812. The American government,
aware that large numbers of Americans had settled in the Niagara Peninsula, felt that it would
be easy to liberate Upper Canada. Major-General Sir Isaac Brock was aware of the possibility
that some of the population would not be loyal to the Crown. However, many militia units
remained loyal and Brock had the advantage of better trained British regulars and Aboriginal
allies.
Brock was sure that an attack along the Niagara River was inevitable. To watch the border, he
formed four (4) divisions composed of regulars and militia and located them at strategic crossing
points along the river. Although Brock was killed at Queenston Heights in 1813, his strategy
was justified and troops were able to inflict defeats on the invaders in the first two (2) years of
the war.
2 Seibel, George A., The Niagara Portage Road, (City of Niagara Falls, 1990) 29 and
http://www.niagarafallsinfo.com/niagara-falls-history/niagara-falls-municipal-history
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Lands within the current City of Niagara Falls were not greatly impacted by the war until 1814.
Two devastating battles were fought that year, the Battle of Chippawa and the Battle of Lundy’s
Lane. At Chippawa the Americans held the field. At Lundy’s Lane both armies suffered
devastating losses in one of the bloodiest battles of the war exacerbated by the fact that it was
fought at night. Casualties for the British numbered 800 while those for the Americans
numbered 860 including the loss of many officers. The Americans withdrew to Chippawa and
then to Fort Erie where they endured a two (2) month siege. They withdrew in November and
made no further attempts to gain control of the west side of the river. Hostilities ceased and the
Treaty of Ghent was signed on Christmas Eve 1814.
6. Settlement after the War of 1812 – 1814
The war disrupted the economy and halted the flow of immigrants into Upper Canada.
However, the end of the war brought new interest in emigration from Europe and the United
States. Population growth resulted in the reorganization of Welland County in 1856 to include
the townships of Crowland, Bertie, Humberstone, Pelham, Willoughby, Thorold, Wainfleet and
Stamford. This township organization lasted until 1970 when the Region of Niagara was
created and the City of Niagara Falls was formed from four (4) of the former townships.
During the period after the war services in the area grew. In 1816 a regular stage coach service
was established between Niagara and York and James Forsyth built the National Hotel on the
Portage Road near the intersection of present-day Main Street.
Four early settlements or villages are illustrated in Tremaine Map of 1862 and the Historical
Atlas of Lincoln and Welland of 1876, including Drummondville, Clifton, Chippawa, and
Stamford Village. These villages contained churches, meeting halls, schools, blacksmith shops,
stores, hotels and taverns serving the local communities and the surrounding countryside.
Drummondville was located where the Portage Road intersected with Lundy’s Lane and Ferry
Street and was named for Sir Gordon Drummond, the leader to the British forces at the Battle of
Lundy’s land. It received village status in 1831 and by 1859 the community had a population of
500 people. Prominent citizens included Adam Fralick, hotel owner; Samuel Falconbridge,
postmaster and merchant; John Misner, wagon maker; Austin Morse, mortician and furniture
maker; Robert Slater, hotel owner; Andrew Moss, cabinet maker; and James Skinner, harness
maker. William Russell built a brewery in the village in 1844 and in 1849 Lord Elgin, Governor
General of Canada, was a resident of Drummondville.
Drummondville’s location, close to the battlefield, attracted tourists and a number of
commercially operated observation towers looking over the battlefield were constructed in the
19th century. The community was incorporated in 1882 and changed its name to the Village of
Niagara Falls South.3
3 Niagara Falls Info, Village of Drummondville, www.niagarafallsinfo.com/nigarafalls-history/niagara-falls-
municipal-history
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Figure 6: Royal Engineers Map of Drummondville, 1838 - Brock University Map Library
7. City of the Falls Plan
The City of the Falls Project was a real estate venture developed by some of the most influential
men in Upper Canada. They founded the City of the Falls Company and sought to establish a
large residential city within view of the Falls. The original shareholders included Lieutenant-
General John Murray, Thomas Clark, Samuel Street, James Buchanan, William Allan, John
Dunn, Thomas Dixon and James Robinson. While they wanted to make money, they also
wanted to preserve the Falls from vandalism and commercial enterprises.
In 1832, the shareholders of the company purchased 400 acres of land from William Forsyth, a
prominent businessman who had built the Pavilion Hotel at Falls View. The land was surveyed
into lots and streets in 1833. The shareholders reserved choice property for themselves and
divided the rest into approximately 300 – 400 lots that were offered for sale by lottery in 1834.
Individuals interested in obtaining property in the area were to be issued one ticket for every
share which they purchased in the City of the Falls Company, and these tickets would later be
drawn to determine ownership of the lots.
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Along with the proposed houses a number of community buildings and tourist attractions were
planned for the area including public gardens, churches, schools, and a library. The main public
building was a huge bathing complex on the south side of Murray Street. Water would be
diverted from the Niagara River at Table Rock and flow by gravity in large wooden pipes to the
bathing area. Unfortunately, water pressure caused the pipes to burst when the system was
tested, and the bathing complex was never operational. The bath house was later used as a
hotel, and as a girls' boarding school, and as a barracks for Canadian soldiers during the
Rebellion of 1837. The bath house eventually burned down.
Few lots in the City of the Falls Project were sold, and few houses were built. The venture was
eventually abandoned. The financial projections had been based on the travelling patterns of
tourists who crossed the Niagara River in ferry boats at Buffalo and then came to Niagara in
stage-coaches, by way of the Portage Road. However, when the railway replaced the stage-
coaches as the primary means of transportation for tourists, the number of people arriving in
Niagara Falls via the Portage Road was drastically reduced, resulting in the failure of the City of
the Falls Project. Although no trace of the City of the Falls Project has survived to the present,
the names of the original shareholders of the project are still identified in the street names in the
Falls View area.4
8. 6320 Pine Grove Avenue
Analysis of the Tremaine map of 1862, and the Historical Atlas of Lincoln and Welland of 1876,
shows that the property at 6320 Pine Grove Avenue is located in the area of the proposed City
of the Falls plan. This land, Township Lot 146, was owned as early as 1813 by James Forsyth
and was purchased from his descendent, William Forsyth, by the partners in the planned Falls
development.
Figure 7: Tremaine Map, 1862 - Brock University Map Library
4 https://www.niagarafallsmuseums.ca/discover-our-history-notes
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Figure 8: Page Atlas, Stamford Township, 1876 - Brock University Map Library
Designation By-law No.2009-191 indicates that the lands are part of Registered Plan 315
(originally Plan 17). The Plan was registered in 1913 as part of the outward growth of the
Drummondville area of Niagara Falls. The original four (4) lots that constituted the subject
property were vacant until the 1928 when they were purchased by Earl A. Thomas. Mr. Thomas
and his wife, Doris Rosalind Thomas, owned the property for 37 years until 1965, when it was
purchased by the Dunnett family who owned it for the next 27 years until 1992. Subsequently
the property passed through a number of owners in relatively rapid succession. (APPENDIX I)
2. Site Analysis
a) 6320 Pine Grove Avenue
The property is designated under Part IV of the OHA (APPENDIX I). The subject site is located
on the northeast corner of Pine Grove Avenue and Murray Street. It consists of four (4) former
lots in Register Plan 315. The house faces Pine Grove Avenue with a centrally located
driveway and garage access from Murray Street. The dwelling is oriented along the north/south
axis of the lot and is generally sited in the centre of the property. The spacious, well-treed side
yards are currently screened to the north and southeast by a high board-on-board wooden
fence which is poor condition and which cuts off views to the landscape of the rear yard and the
side yard space to the north and obscures the spacious open landscape that Earl A. Thomas
desired for his home.
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The house was designed in the Tudor Revival style by the local architectural firm of Findlay and
Foulis, c. 1929. This was one of
the most popular revival styles of
the early 20th century and is
characterised by steeply pitched
gable roofs, cross gables, stone
or brick walls combined with half
timbering on the upper floors,
entrances highlighted by a Tudor
arch or simple round arch and
casement windows with small,
multi-paned sash. Prominent
and elaborate chimneys such as
the brick chimney to the right of
the round-arched entrance are
also characteristic of this period
style. The general sense is of a
picturesque composition.
While the Earl A. Thomas House is a particularly elaborate and well-designed example of the
Tudor Revival style, it is by no means the only residence in Niagara Falls designed in that style.
There is at least one other house on the street, across from the subject property at 6315 Pine
Grove Avenue, that is designed in a similar, though much simpler, style and is set on a larger lot
than the surrounding properties on the street.
As the designation by-law
indicates, there are a number of
mature specimen trees on the
lot such as European Beech and
Maple which create a wooded
setting, particularly to the north
and south of the house, though
many of these trees are
currently screened behind the
existing wooden fence which
detracts from the setting and
obscures many of the
landscaped features of the
property.
Figure 9: 6320 Pine Grove Avenue Front Facade
Figure 10: 6320 Pine Grove Avenue Looking Northeast
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b) Pine Grove Avenue Streetscape
The streetscape on Pine Grove Avenue
presents a pleasant and mature aspect that
evolved in the early 20th century and has
changed little over time. Houses are set
relatively on attractively landscaped lawns and,
while there is no boulevard, large trees
dominate the street edge creating a shaded
canopy in summer. Each house along the street
is stylistically unique ranging in type from one
storey simple cottages, two storey four-square
Edwardians, one and a half storey Craftsman to
modern bungalows. Though there are no
identified individual properties of cultural
heritage value or significance on the street with
the exception of the subject property, when
taken as a whole, it is a cultural landscape that
requires some further evaluation.
Figure 11: Pine Grove Avenue Looking North to Culp Street
Figure 12: Pine Grove Avenue East Side
Figure 13: Pine Grove Avenue West Side
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c) Murray Street Streetscape
The Murray Street streetscape has suffered from considerable unsympathetic incursions in the
recent past. The street between Pine Grove Avenue and Drummond Road contains a number
of one and two storey frame dwellings dating from the first half of the 20th century. However, a
number of small three and four storey apartment buildings of dubious architectural character
were constructed on larger lots on the north and south sides of Murray Street between Locus
and Orchard Avenues. These are in the immediate vicinity of the subject property and have a
negative visual impact on views and vistas to and from the 6320 Pine Grove Avenue along the
street, obscuring both the house and the property when viewed from the east.
Figure 18: Pine Grove Avenue West Side Figure 15: Murray Street Looking West from Pine Grove
Avenue
Figure 14: Murray Street Looking East from Pine Grove
Avenue with Hotel and Street Termination
Figure 16: View of Apartment on North Side of Murray Street
from Corner of Subject Property
Figure 17: Murray Street Looking West from Apartment to
Subject Property
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Adjacent to the Earl A. Thomas House on the
east side is a long narrow lot. This lot was
severed from the subject property in 2003
before the property was designated under Part
IV of the OHA. It contains a large two storey
frame dwelling facing Murray Street which is
set forward of the side elevation of the subject
house. This house is traditional in style and
dominates the streetscape with little visual or
stylistic connection to the Tudor Revival
house.
The view at the eastern termination of
Murray Street is of the Fallsview casino and
hotel which rises up and towers above the
smaller surrounding buildings. This
skyscraper overlooking Niagara Falls is also
visible from Pine Grove Avenue when the
house is viewed from the street as are two of
the four (4) storey apartment buildings on
Murray Street. The visual incursion of these
structures has a negative impact on views of
the property.
Identification and Significance and Heritage Attributes of Property
1. 6320 Pine Grove Avenue (Earl A. Thomas House)
The property at 6320 Pine Grove Avenue is significant heritage resource and is designated
under Part IV of the OHA. There are no designated properties adjacent to the subject property.
The nearest properties designated under Part IV, are the J. Ingles House and the
Orchard/Cadham House, both located three (3) blocks north of 6320 Pine Grove Avenue on the
north side of Culp Street.
The closest listed property, the Mcglashan House, is located at 6395 Drummond Road. While it
is not designated under Part IV of the OHA, the property is listed on the city’s Heritage
Properties Database. It is considered to be of significant cultural heritage value and interest as
acknowledged in the 9/06 review and the designation by-law.
Figure 19: New House on Murray Street Adjacent to Earl A.
Thomas House
Figure 20: North Portion of Earl A. Thomas House Property -
Fence and Hotel in Background
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The identified heritage attributes of the 6320 Pine Grove Avenue as listed in Designation By-law
No.2009-191 are:
The four lots which create a significant setting;
The Tudor Revival house which exhibiting a full range of architectural detail associated
with the style;
The steeply pitched roof with prominent gables;
Original window openings with brick sills laid with headers facing outward, flat arch with
soldier course;
The round-headed front door made of vertical planks with black metal hardware
enclosed in a projecting brick vestibule with bellcast roof and corbelled brick at the
eaves;
The red brick on the first storey;
The dark half timber and light stucco exterior cladding on the second storey;
The large dominant chimney, in a central location on the front of the house;
The exterior sunroom red brick laid in a herringbone pattern; and
Several significant mature specimen trees planted on the property.
In addition the by-law associates the house with several prominent people including the
architects Claude Findlay and James Foulis, who designed the house and several other
significant buildings in Niagara Falls including the Refectory and Administration Building in
Queen Victoria Park and Oak Hall; and Earl A. Thomas who became president of T.G. Brights
Wines and president of the Canadian Wine Institute. He was also chairman of the Niagara Falls
and Suburban Area Planning Board.
2. Summary
As the designation by-law states, the property at 6320 Pine Grove Avenue has historical
associative value for its association with Earl A. Thomas, a prominent local citizen and president
of T.G. Bright’s Wines in the early 20th century and the fact that it was designed by the
prominent local architectural firm of Findlay and Foulis. It has design value for its Tudor Revival
style, indicative of its 1920’s construction date and the fact that its architectural details have
survived intact. The setting of the house on a large corner lot containing several large specimen
trees is also significant though it is spoiled by the existing fence which is a barrier to views of the
landscape setting and by development along Murray Street and hotel development at the Falls.
It does, however contribute to and enforce, the pleasant, mature nature of Pine Grove Avenue
with its tree-lined street and stylistically varied houses, most of which were constructed in the
first half of the 20th century.
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Evaluation of Heritage Impacts
Policy 2.6.3 of the PPS states that planning authorities shall not permit development and site
alterations on adjacent lands to protected heritage property unless the proposed development
and any site alteration is evaluated and that evaluation demonstrates that the heritage attributes
of the protected property will be conserved.
The Planning Act, the Growth Plan, 2017 and the Region of Niagara Official Plan also contain
policies that encourage the conservation of significant and protected heritage properties. The
Region’s Official Plan includes additional policies for requiring heritage impact assessments to
evaluate the impact of new development on cultural heritage resources.
The Regional Official Plan supports the identification and conservation of significant built
heritage resources and significant cultural heritage landscapes and recognizes the importance
of quality design. Significant built heritage resources such as those designated in districts or as
individual properties should be conserved within their unique community contexts.
The City of Niagara Falls Official Plan contains several relevant goals with respect to the
Residential designation. These include protecting and enhancing the character of existing
residential neighbourhoods and encouraging high quality design.
The Official Plan also recognizes opportunities to create new housing units that blend into the
lot fabric, streetscape and built form of the neighbourhood. Heritage conservation policies
recognize the requirement for heritage impact assessments, landscape guidelines and urban
design guidelines and the use of such planning tools as heritage overlays, site specific zoning
and site plan control to ensure appropriate development and protection of heritage resources.
In addition, development adjacent to and surrounding significant heritage properties such as
6320 Pine Grove Avenue must be designed to not adversely impact the character or amenities
of that resource.
Finally the Official Plan contains an urban design strategy that includes policies to ensure that
new development is compatible with cultural heritage features and addresses height, setbacks,
massing, siting and architecture of existing buildings to provide for a compatible relationship
with existing development. Landscaping should also be used to mitigate the impacts of
development.
The Standards and Guidelines for the Conservation of Historic Places in Canada states that any
action or process that results in a physical change to the character-defining elements of an
historic place must respect and protect its heritage value and provides a number of general
standards for the preservation, rehabilitation and restoration of historic places in Canada.
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The Ministry of Tourism, Culture and Sport has provided InfoSheet #5 to assist in the analysis of
heritage impacts including destruction of significant heritage attributes; unsympathetic
alterations; alterations that create shadows; isolation of heritage attributes, obstruction of
significant views; change in land use; new development in open spaces; land disturbances that
may affect archaeological resources. The impact of the proposed severance on the 6320 Pine
Grove Avenue which is designated under Part IV of the OHA is assessed in relation to these
policies and documents.
1. Provincial, Regional and Local Policies
With respect to the provincial, regional and local policies relating to the conservation of the
heritage attributes of protected heritage property and the conservation of significant heritage
properties that are designated under the OHA or may have archaeological significance; the
heritage attributes of the property at 6320 Pine Grove Avenue will be impacted by the proposed
severance. However, those impacts will be mitigated by locating the proposed consent on the
east side of the existing lot to ensure that the important views of the house and landscaped
open space from Murray Street looking north are maintained. The proposed new house is
located behind the south elevation of the Earl A. Thomas House and the new lot and proposed
house will not be visible from Pine Grove Avenue. The house will not encroach on the
landscaped setting to the north and views from Pine Grove Avenue looking south will be
conserved. The yard and garden to the south will be maintained and the view of the house,
from this vantage point will not be impacted. Previous unsympathetic development along
Murray Street which has already obscured important views to and from the property will not be
further exacerbated. The Official Plan design strategy and heritage policies will be used to
assist in developing plans, elevations and landscaping for the new lot and the proposed house.
2. Analysis of Heritage Impacts Based on Ministry of Tourism, Culture and Sport
InfoSheet #5
1. Destruction of any, or part of any,
significant heritage attributes or
features.
No significant heritage attributes will be
destroyed. The house will remain in its
original position. Development will be
confined to the rear of the property behind
the house. The large specimen trees
which are located to the south and north of
the house will be maintained and
conserved. The view from Murray Street
looking directly north will be conserved as
will the view from Pine Grove Avenue.
2. Unsympathetic or incompatible
alterations
The house will not be altered.
Development will be confined to the rear of
the property and the new house will be
designed to be compatible in scale, height
and mass to ensure that it does not
overshadow or compete with the existing
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building. Impacts on the significant
heritage landscape setting, view and vistas
will be mitigated by careful placement of
the new house.
3. Alterations that create shadows that
alter the appearance of a heritage
attribute or change the viability of a
natural feature or plantings
The proposed development may create
some additional shadowing of the rear
elevation of the house. However, there
will not be additional shadows created to
the north and south of the house. None of
the natural features or significant plantings
which are located to the north and south of
the house will be altered and will remain
viable. Some existing pine trees will be
removed; but these are not significant
specimen trees.
4. Isolation of a heritage attributes
from the surrounding environment
or context
No significant heritage attributes will be
isolated from the surrounding environment.
5. Direct or indirect obstruction of
significant views or vistas within,
from or of built and natural features
There will not be any obstruction of
existing significant views or vistas from or
to Murray Street and Pine Grove Avenue.
Currently the view of the rear of the house
is obscured by fencing and is not visible
from the street. It is already obscured
from Murray Street by previous
development.
6. Change in land use The land use will not change. Both the
existing property and the new lot will
continue to be residential with single-
detached dwellings.
7. New development or site alteration
to fill in formerly open spaces
The proposed consent will fill in a portion
of the previously open space to the rear of
the house which currently acts as a small
rear amenity area at 6320 Pine Grove
Avenue. However the new lot has been
located to conserve a portion of the rear
yard to the on the north side of the
property. This portion of the yard contains
a number of significant specimen trees
which will be conserved and will assist in
maintaining open views and vistas in this
area when looking south along Pine Grove
Avenue.
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8. Land disturbances that may affect
an archaeological resource
The city may require an archaeological
survey and has official plan policies
relating to that requirement and to the
Niagara Falls Heritage Master Plan. If a
survey is required and, if deeply buried
archaeological resources are discovered
during excavation, all work will stop and a
licensed archaeologist will be engaged in
accordance with Section 48(1) of the
Ontario Heritage Act to carry out additional
archaeological field work.
9. Analysis of Heritage Impacts Based on the General Standards for Preservation,
Rehabilitation and Restoration, Standards and Guidelines for the Conservation of
Historic Places in Canada
1. Conserve the heritage value of an
historic place. Do not move,
replace of substantially alter its
intact or repairable character-
defining elements. Do not move a
part of an historic place if its current
location is a character defining
element.
No character-defining elements of any
significant cultural heritage resources will
be altered. No buildings will be moved.
2. Conserve changes to an historic
place that, over time, have become
character-defining elements.
There will be no changes to the character-
defining elements as noted above. The
identified significant specimen trees in the
landscape will be conserved.
3. Conserve heritage value by
adopting an approach calling for
minimal intervention.
Intervention will be limited to the rear of
the property. This area will be severed.
The size and configuration of the proposed
lot, the placement of the building envelope
and the proposed setbacks will conserve
the significant landscape features and the
character of the property when viewed
from Pine Grove Avenue and Murray
Street.
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4. Recognize each historic place as a
physical record of its time, place
and use. Do not create a false
sense of historical development by
adding elements from other historic
places or other properties, or by
combining features of the same
property that never existed.
Not applicable.
5. Find a use for an historic place that
requires minimal or no change to its
character-defining elements.
The use will remain the same. There will
be no changes to character-defining
elements of the Pine Grove Avenue
streetscape.
6. Protect and, if necessary, stabilize
an historic place until any
subsequent intervention is
undertaken. Protect and preserve
archaeological resources in place.
Where there is potential for
disturbing archaeological resources,
take mitigation measures to limit
damage and loss of information.
Mitigation measures will be used to protect
significant built heritage resources during
construction, if required.
An archaeological survey will be
completed if required.
7. Evaluate the existing condition of
the character-defining elements to
determine the appropriate
intervention. Respect heritage
value when undertaking an
intervention.
Not applicable to the house. Specimen
trees will be assessed by a qualified
arborist.
8. Maintain character-defining
elements on an ongoing basis.
Repair character-defining elements
by reinforcing their materials using
recognized conservation methods.
Replace in kind any extensively
deteriorated or missing parts where
there are surviving prototypes.
Not applicable.
9. Make any intervention needed to
preserve character-defining
elements physically and visually
compatible with the historic place
and identifiable on close inspection.
Document any intervention.
Not applicable.
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10. Repair rather than replace
character-defining elements.
Not applicable.
11. Conserve the heritage value and
character-defining elements when
creating any new additions to an
historic place or any related new
construction. Make the new work
physically and visually compatible
with, subordinate to and
distinguishable from the historic
place.
The heritage value of the defining
elements of 6320 Pine Grove Avenue will
be conserved. The house will not be
altered and development will be confined
to an area of the property that does not
contain any valuable specimen trees.
The designation should not be removed
from the property if the consent is granted
in order to ensure that there is control
through the heritage permit process.
When the owner submits a design for the
house the MHC and staff will ensure that
the house constructed on the severed
portion is physically and visually
compatible with the existing house and is
subordinate to that house.
12. Create any new additions or related
new constructions so that the
essential form and integrity of an
historic place will not be impaired if
the new work is removed in the
future.
The new building will be on a separate lot
and will not impact the essential form and
integrity of the existing house.
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Mitigation and Conservation Methods
Following are the mitigation and conservation recommendations for the proposed consent.
1. An archaeological may be required for the property to ensure that any archaeological
resources are properly identified and appropriate mitigation is completed.
2. The designation should remain on the entire property when the consent is granted to
ensure that the construction and design of the new house is reviewed through the
heritage permit process and that it is compatible in scale, mass, height and design with
the existing house and grounds and is subordinate to the existing house. Designation of
the new lot should only be removed after the heritage permit is granted, the house is
completed and the grounds are landscaped to the satisfaction of the city.
3. An arborist should be engaged to assess the existing specimen trees on the lot and to
provide for any protection for these trees that may be required during construction of the
new house.
4. A landscape designer should be engaged to provide for sufficient natural landscape and
screening between the new lot and the existing house and to ensure that the new house
is located in a well-landscaped setting that assists in maintaining the views to the
existing house and grounds.
5. The existing wooden fence which currently screens most of the lot on both the north and
south sides of the house should be removed and replaced with natural screening
elements. Currently it cuts off views into the lot and grounds, is in poor condition , is
incompatible with the naturalistic landscape and has a negative impact on the setting of
the house.
6. If significant disturbance of the area adjacent to the built heritage resource at 6320 Pine
Grove Avenue is anticipated, a temporary protection plan will be developed in concert
with members of the construction team, a heritage consultant, an arborist and staff to
ensure that excavation and other construction work does not impact the significant built
heritage and cultural landscape resources.
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Implementation and Monitoring
The proposed development will be assessed, reviewed and monitored by local agencies
including the building department and planning staff and by the MHC. This will ensure that the
significant built heritage resources and the cultural heritage landscape setting is conserved. If
required a temporary protection plan will be developed in concert with the City of Niagara Falls
and the MHC.
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Conclusion and Conservation Recommendations
The property at 6320 Pine Grove Avenue has significant cultural heritage value and interest and
is designated under Part IV of the OHA (APPENDIX I). The by-law stresses the importance of
the first two owners of the property including Earl A. Thomas who purchased four (4) lots and
engaged Findlay and Foulis, prominent local architects, to design the house in the Tudor
Revival style that was popular in the 1920’s. The list of significant heritage attributes is primarily
concentrated on the Tudor Revival exterior of the house; but also lists the several mature
specimen trees, though it does not specifically identify them.
Based on the analysis of the significant heritage attributes of this property and surrounding
properties, the impact of the proposed severance has been assessed and mitigation is
proposed to provide for appropriate and compatible development. There are no significant built
heritage resources adjacent or close to the proposed development that are impacted. All
impacts are related to the subject property. The proposed house will be confined to the area
immediately behind the existing house when viewed from Pine Grove Avenue. Judicious design
and height control will ensure that the house is not visible from Pine Grove. The new lot will not
extend to the northern lot line of the existing property, leaving a 12.478m (41ft.) deep section of
the rear amenity space for the existing property and conserving important specimen trees and
the spacious setting. Removal of the existing fence will open up the setting and improve the
views and vistas resulting in a property that more closely resembles the one the Earl A. Thomas
and his architects originally conceived for the house.
Views and vistas to and from Murray Street have already been adversely impacted by
apartment developments and by the visibility of the high rise development adjacent to the Falls.
It is not possible to mitigate these impacts which occurred before the property was designated.
However, any additional impacts the proposed house may have from Murray Street will be
mitigated by setting the proposed house a maximum of 16m (52.49ft.) from the street and
providing for naturalized screening between the designated property and the new lot and in the
front yard of the new house.
A Regulation 9/06 analysis and a Statement of Significance for 6320 Pine Grove Avenue is not
included in the heritage impact assessment because the property is already designated and the
analysis and Statement of Significance were completed at that time.
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Appendices
Appendix I Designation By-law
Appendix II Severance Sketch – 6320 Pine Grove Avenue, City of Niagara Falls
Page 224 of 377
APPENDIX I
Page 225 of 377
Page 226 of 377
Page 227 of 377
Page 228 of 377
Page 229 of 377
APPENDIX II Page 230 of 377
6320 Pine Grove Avenue, Niagara Falls
Leah D. Wallace, MA MCIP RPP Page 37
Bibliography
Books
Blumenson, John, Ontario Architecture: A Guide to Style and Building Terms 1784 to the
Present. Fitzhenry and Whiteside, 1990.
McAlester, Virginia and Lee, A Field Guide to American Houses. New York, N.Y. Alfred A.
Knopf, 1997.
Seibel, George A., The Niagara Portage Road, 200 Years 1790-1980. City of Niagara Falls
Canada, 1990.
Articles and Reports
Bray, Carl & Associates, Niagara Falls Heritage Master Plan, September 2005.
Websites
http://www.niagarafallsinfo.com/niagara-falls-history/niagara-falls-municipal-history
https://www.niagarafallsmuseums.ca/discover-our-history-notes
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Curriculum Vitae – Leah D. Wallace
LEAH D. WALLACE, MA MCIP RPP
47B Garrison Village Drive, RR#3, NIAGARA-ON-THE-LAKE, ONTARIO LOS 1J0
CURRICULUM VITAE
PRESENT POSITION Consulting Heritage Planner
Niagara-on-the-Lake
EDUCATION University of British Columbia
Master of Arts, 1978
University of Guelph
Honours B.A., 1973
PROFESSIONAL Ontario Professional Planners Institute (OPPI)
MEMBERSHIPS Canadian Institute of Planners (MCIP)
CAREER HISTORY
2016 – Present Consulting Heritage Planner
2012 – 2016 Senior Planner, Town of Niagara-on-the-Lake
2000 – 2012 Planner, Heritage & Urban Design, Town of Niagara-on-the-
Lake
1994 – 2000 Contract Heritage Planner
Hynde Paul Associates Incorporated, St. Catharines
Page 232 of 377
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Leah D. Wallace, MA MCIP RPP Page 39
1984 – 1994 Planning Consultant
Robert J. Miller & Associates Ltd., Mississauga
1979 – 1984 Editor and Division Manager
Longmans Canada, Toronto
APPOINTMENTS
AND AWARDS
2017 Member, Board of Directors, Lower Grand River Land
Trust, Cayuga Ontario (Ruthven Park)
2007 - 2014 Member, Niagara-on-the-Lake Citizens’ War of 1812
Bicentennial Committee and the Niagara Region Bi-national
Bicentennial Working Group
2006 – Present Faculty Member, Willowbank School of Restoration Arts,
Queenston
2002 – 2004 Municipal Sector Focus Group on Changes to the Ontario
Heritage Act, Provincial Consultations, Ministry of Culture
2002 Member, Bi-national Coordinating Committee, First Bi-
national Doors Open, Niagara Region
2000 – Present Chair, Ruthven Park Building Conservation Committee
Lower Grand River Land Trust
1999 Heritage Community Program Recognition Award, Ontario
Heritage Foundation
1997 – 2000 Member, Ruthven Park Building Conservation Committee
Lower Grand River Land Trust, Cayuga
1997 – 2002 Member, Bay Area Artists for Women’s Art
Hamilton-Burlington
1989 – 2000 Member and Chair (1991–1997), Local Architectural
Conservation Advisory Committee
Town of Flamborough
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PUBLICATIONS AND
PRESENTATIONS
Presenter, Ontario Heritage Conference (Ottawa), Municipal Grant Programs and Bill C323, Ontario
Heritage Trust Session
Article, Up in Flames, Ontario Planning Journal, January/February 2015
Session Manager, National Trust for Historic Preservation (Buffalo, New York National Conference),
Mobile Workshop – Adaptive Re-use of Culturally Sensitive Properties, Canadian Experiences
CIDA Sponsored Walking Tour and Public Planning Session, Niagara-on-the-Lake for Visitors from
Xi’an, China Studying the Reconstruction of an Ancient Urban Area
Article, Heritage Conservation Districts, Heritage Matters Journal, March 2010
Presenter, Heritage Planning in Niagara-on-the-Lake in association with the Ministry of Culture and the
Regional Municipality of Niagara, Association of Municipal Clerks and Treasurers of Ontario Conference
Restoration Case Study: Ruthven Park National Historic Site – Course Presented to Students at the School
of Restoration Arts, Willowbank
Presenter, Heritage Conservation Districts – The Good, the Bad & the Ugly Canadian Association of
Professional Heritage Consultants Conference
Presenter, Protecting Special Places: Tax Relief Incentives for Heritage Properties, OPPI/OALA
Conference – Power of Place
Presenter, Co-curator, The Sacred Sites Tour, Art Gallery of Hamilton, An Architectural Evaluation of the
Sacred Sites, The Art Gallery of Hamilton, Lecture Series
The Sacred Site Project, Research Project Exploring the Contemporary and Historical Relationships
between Artists and Faith Communities in Hamilton-Wentworth, Art Gallery of Hamilton
Presenter, ARCHINET, An Interactive Guide to Canadian Building Styles Paper presented at Continuity
with Change, the 1997 Community Heritage Ontario Conference, Huronia
Presenter, Flamborough and Its Community Identity, Wentworth North Riding Association Town Hall
Meeting
Presenter, Suitable Housing for Arts Groups: The Planning Process, The Art of Coming Together
Conference, Hamilton Artists Inc.
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PROJECTS
ARCHINET, An Interactive Guide to Canadian Building Styles
Architectural and Historical Appraisal of the National Fireproofing Company of Canada (Halton
Ceramics Limited) Burlington, Ontario, Architectural Conservancy of Ontario and the Burlington Local
Architectural Conservation Advisory Committee
Municipal Register of Properties of Cultural Heritage Value or Interest (inclusion of non -designated
properties), Town of Niagara-on-the-Lake, Project Manager,
Community Vision Statement, Town of Niagara-on-the-Lake, Project Manager
Queen-Picton Streets Heritage Conservation District Expansion Study and Preliminary Plan, Town of
Niagara-on-the-Lake
Dock Area Public Realm and Urban Design Master Plan, Project Manager
Official Plan Review; Community Engagement Sessions, Background Reports, Heritage Policies, Third
Draft of Official Plan, Project Manager
Heritage Impact Assessment, Plan of Subdivision, 1382 Decew Road, City of Thorold
Heritage Impact Assessment, Hotel Expansion, 124 on Queen Hotel and Spa, Old Town, Town of
Niagara-on-the-Lake
Heritage Impact Assessment, Randwood Estate, Hotel Development, 144-176 John Street, Old Town,
Town of Niagara-on-the-Lake
Heritage Impact Report, 1317 York Road, Consent Application, St. Davids, Town of Niagara-on-the-
Lake
Heritage Impact Assessment, Niagara Escarpment Commission Development Permit Application, 95-97
Cline Mountain Road, Town of Grimsby, Ontario
Heritage Impact Assessment, Plan of Subdivision, 242, 244 and 246 Main Street East, Town of Grimsby,
Ontario
Page 235 of 377
Address: 6320 Pine Grove Avenue
Applicant: Jajou Fourat
Proposal: Alteration to a Designated Heritage
Property Page 236 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Location
Subject Lands Page 237 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Site Plan
Proposed distance between rear
wall of existing house and edge of
building envelope for proposed new
dwelling is 3.21 m (10.53 ft) Page 238 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Background
Proposed area
of new lot Page 239 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Conclusion
Alteration Not supported by Municipal Heritage
Committee
•Impact on overall setting of the house on the lot will be significant;
•Will mean the loss of rear amenity area of existing house;
•Will mean the loss of several mature purposefully planted bushes;
•Will significantly impact the views and vistas outwardly and inwardly from and to
the property;
•Heritage value is in the property as a whole as the dwelling is prominently and
symmetrically located the centre of the lots surrounded by well laid out
landscaped zones.
Page 240 of 377
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
•That Council not
approve the proposed
alteration of the property
in the form of the
severance of a portion of
the property as it will
impact the setting of the
building on the property
which is one of its most
important heritage
attributes. Page 241 of 377
6320 Pine Grove Avenue (Earl A. Thomas
House), Niagara Falls, Ontario
Heritage Impacts
January 28, 2020 Page 242 of 377
Page 243 of 377
6320 Pine Grove Avenue. Aerial Image Looking Northwest. Rear Yard.
Image Taken by Niagara Falls Staff. Page 244 of 377
6320 Pine Grove Avenue Looking Southeast from Pine Grove Avenue Page 245 of 377
6320 Pine Grove Avenue Looking North from Murray Street Page 246 of 377
6320 Pine Grove Avenue Looking Northeast from Murray Street.
Newer home and Apartment in Background Page 247 of 377
6320 Pine Grove Avenue, South Side. Looking East Along Murray Street Page 248 of 377
View from Murray Street Looking West to 6320 Pine Grove Avenue Page 249 of 377
View from Pine Grove Avenue Looking East. South Side. Apartment in Background Page 250 of 377
6320 Pine Grove Avenue. North Side Looking East. Page 251 of 377
F-2020-04
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2020-04
2017 Closed Capital Projects Variance Report
RECOMMENDATION
That Council receive the report for information and approve the recommended transfers
to/from reserves/reserve funds per Attachment 1 to be applied to the 2018 year end.
EXECUTIVE SUMMARY
Attachment 1 contains a summary of 18 capital projects that are either over or
underfunded. On the far right column of the attachment Staff have included
recommendations on which reserves or reserve funds surplus funds can be moved into
due to overfunding as well as which reserves or reserve funds deficit amounts can be
moved from due to under funding. The net effect of the recommended transfers is
$349,375 required to be transferred out of reserves or reserve funds to capital projects.
BACKGROUND
This report is being prepared to provide Council with an update on the status of capital
projects. Specifically this report provides information on capital projects that can be closed
out which are either over or under funded. This report does not include capital projects
that have been closed out that did not require any further decisions.
Past practice of capital accounting staff has been to wait to apply the funding to a project
until expenses have begun and to only transfer funding as needed each year (i.e. to match
the amount of expenditures per year). This can become problematic for reconciliation of
reserves and reserve funds as Staff must manually maintain a column indicating the
approved committed amounts so as not to recommit the same funding. Effective in 2019,
Staff have been directed to transfer funding to a project at the time it is approved.
Past practice has also been to transfer excess or deficit amounts to/from reserves/reserve
funds based on the discretion and direction of the Treasurer. This approach is an
acceptable practice however, moving forward, in the interest of transparency, Staff wish
to present Council with a closed capital report for each year end. For example, a report
on the 2018 capital variance will be forthcoming with reserve recommendations as we
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2
F-2020-04
January 28, 2020
complete our 2018 year end work with our auditors and the information becomes available
to share with Council. With our change in process in 2019 Council will note the attachment
to this report will simply show close outs as over or under budget as staff will have
transferred the full approved budget to the project.
ANALYSIS/RATIONALE
Staff wish to highlight some of the larger discrepancies on attachment 1.
1. G11 – Battlefield School Property Development – overfunded $70,000
This project has a $70,000 over funded amount due to a late donation
received from the Veterans Association. This donation allows the City to pull
back a different funding source and transfer the over funded amount to the
General Unallocated Capital Special Purpose Reserve (CSPR 1) to be
available to commit to other projects in the future.
2. T1 – Transit Bus Replacement – underfunded $79,587
In the past Finance staff had a running capital project sheet containing
approved bus replacement budgets beginning as far back as 2003. The
underfunded amount of $79,586.65 is an accumulation of years going over
budget on bus purchases. This amount is required to close out the project
up to 2017 and can be transferred from CSPR 20 – Transit Capital Renewal.
Moving forward, each year any approved budget for bus replacement will
be tracked independently from any other years as opposed to having an
accumulating budget.
3. PRKG35 – Coin Counting Machine – underfunded $20,307
This project contained no approved budget as this was an emergency
purchase when our coin counting machine stopped working and was unable
to be repaired in 2017. The City had to purchase a replacement machine in
order to count and deposit the coin from both parking meters and bus fare
boxes. Funding for this project can be transferred from the parking reserve
fund.
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January 28, 2020
4. C12 – Cemetery – Nagy Property Development – underfunded $186,915
This project is the extension of the Lundy’s Lane Cemetery due to the
purchase and development of the neighbouring property. The approved
budget for this project contains a line item suggesting a $675,000 loan from
our trust fund account. The City would be required to pay back the trust fund
account to make it whole again. As the City had the money on hand to be
able to pay for this project no loan was obtained from the trust fund and in
2017 the City applied surpluses of $481,000 from the Cemetery accounts
to the capital project which were a result of the additional sales the City was
able to make due to the newly developed property to the project. The project
still requires $186,915 of funding and Staff are recommending that we
continue with the approach of applying the operating surpluses in Cemetery
(if any) until such time as the project is fully funded and can be closed out.
5. RF17 – Glycol Repairs at Gale Centre – underfunded $114,119
This project was an emergency project and as a result contains no approved
budget. In 2017 the City applied surpluses of $227,000 from the arena
operating accounts to help fund this project. Staff are recommending that
we continue with the approach of applying the operating surpluses from
arena operating accounts (if any) until such time as the project is fully
funded and can be closed out.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Attachment 1 contains a summary of 18 capital projects that are either over or
underfunded. On the far right column of the attachment Staff have included
recommendations on which reserves or reserve funds any surplus funds can be moved
into due to overfunding as well as which reserves or reserve funds any deficit amounts
can be moved from due to under funding.
There are currently 9 projects that are overfunded where surplus monies can be
transferred into various reserves or reserve funds. These total $144,340.
There are currently 9 projects that are underfunded where deficit amounts can be moved
from reserves or reserve funds to cover the difference. These total $493,715.
The net effect of the recommended transfers is $349,375 required to be transferred out
of reserves or reserve funds.
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CITY’S STRATEGIC COMMITMENT
Financial Sustainability
Investment and Sustainability of City Infrastructure
LIST OF ATTACHMENTS
1. 2017 Closed Capital Projects Variance Report Data
Recommended by:
Tiffany Clark, Director of Finance
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Page 255 of 377
Attachment 1 - 2017 Closed Capital Projects Variance Report Data F-2020-04
Project
Number Name of Account Year
Opened
Year of
Last
Activity
Approved
Budget Final Expenses (Over)/ Under
Budget Funded to Date Over/ (Under)
Funded
Recommended
transfer to/ (from)
reserves
Recommended
Reserve/Reserve Fund
General Government
G11 Battlefield School Property Development 2012 2017 1,608,000.00 1,637,658.00 (29,658.00) 1,707,658.00 70,000.00 70,000.00 CSPR1 - General Unallocated
G14 Business Park Site Development 2015 2017 200,000.00 249,689.73 (49,689.73) 213,355.00 (36,334.73)(36,334.73) CSPR1 - General Unallocated
1,808,000.00 1,887,347.73 (79,347.73) 1,921,013.00 33,665.27 33,665.27
Roads
R78 Blackburn Parkway Extension 2014 2017 126,440.00 141,100.32 (14,660.32) 134,997.30 (6,103.02)(6,103.02) CSPR49 - Roads & Sidewalks
126,440.00 141,100.32 (14,660.32) 134,997.30 (6,103.02) (6,103.02)
Multiple Services
MS7 Oneida Lane Water/Sanitary/Road Rehab 2012 2017 575,740.00 636,622.31 (60,882.31) 638,841.40 2,219.09 2,219.09 CSPR49 - Roads & Sidewalks
MS27 Huron St Sewer Separation/Watermain/Road 2014 2017 84,500.00 63,363.51 21,136.49 77,550.39 14,186.88 14,186.88 CSPR72 - Sewer Improvements
MS28 Second Ave Sewer Separation/Watermain/Road 2014 2017 30,000.00 20,780.19 9,219.81 33,655.84 12,875.65 12,875.65 CSPR72 - Sewer Improvements
MS29 Stanley Ave - Thorold Stone to Valleyway 2013 2017 1,327,876.00 1,599,598.79 (271,722.79) 1,560,476.00 (39,122.79)(39,122.79) CSPR72 - Sewer Improvements
2,018,116.00 2,320,364.80 (302,248.80) 2,310,523.63 (9,841.17) (9,841.17)
Transit
T1 Transit Bus Replacement 2003 2017 12,246,152.00 12,539,912.96 (293,760.96) 12,460,326.31 (79,586.65)(79,586.65) CSPR20 - Transit Capital Renewal
T23 Transit - Cummins ISL Diesel Engines
Replacement (PTIF #011)2017 2017 244,224.00 233,706.04 10,517.96 239,404.77 5,698.73 5,698.73 OLG Reserve
T28 Emco-Wheaton posi-lock fueling system (PTIF
#012)2017 2017 28,492.00 16,785.29 11,706.71 22,654.21 5,868.92 5,868.92 OLG Reserve
12,518,868.00 12,790,404.29 (271,536.29) 12,722,385.29 (68,019.00) (68,019.00)
Parking
PRKG31 Electric Vehicle Charging Station-Lot #18 2016 2017 25,000.00 25,864.14 (864.14) 18,173.75 (7,690.39)(7,690.39) Reserve Fund#400152
PRKG35 Coin Counting Machine 2017 2017 - 20,307.34 (20,307.34) - (20,307.34)(20,307.34) Reserve Fund#400152
25,000.00 46,171.48 (21,171.48) 18,173.75 (27,997.73) (27,997.73)
Sanitary Sewer
SS41 Corwin Ave Sewer Separation 2013 2017 106,500.00 93,391.25 13,108.75 107,522.89 14,131.64 14,131.64 CSPR72 - Sewer Improvements
SS50 Second Ave Sanitary Sewer 2015 2017 38,000.00 25,716.73 12,283.27 41,951.27 16,234.54 16,234.54 OLG Reserve
SS65 Black Creek Municipal Drain (see STMS45)2017 2017 - 3,536.02 (3,536.02) - (3,536.02)(3,536.02) CSPR71 - Sewer Unallocated
144,500.00 122,644.00 21,856.00 149,474.16 26,830.16 26,830.16
Cemetery
C12 Cemetery - Nagy Property Development 2015 2017 950,000.00 942,915.16 7,084.84 756,000.00 (186,915.16)(186,915.16)
Use transfers from operating surplus in 2018
and future (if any, due to additional sales from
the developed land) to fund instead of
borrowing from the Trust as the budget had
suggested
950,000.00 942,915.16 7,084.84 756,000.00 (186,915.16) (186,915.16)
Parks
P91 Paddock Trail Reforestation 2017 2017 30,000.00 27,002.22 2,997.78 30,126.66 3,124.44 3,124.44 OLG Reserve
30,000.00 27,002.22 2,997.78 30,126.66 3,124.44 3,124.44
Recreation Facilities
RF17 Glycol Repairs at Gale Centre 2013 2017 - 341,119.01 (341,119.01) 227,000.00 (114,119.01)(114,119.01)
Use transfers from operating surplus in 2018
and future (if any, due to less expenditures
than budgeted) to fund this emergency repair.
- 341,119.01 (341,119.01) 227,000.00 (114,119.01) (114,119.01)
GRAND TOTAL 17,620,924.00 18,619,069.01 (998,145.01) 18,269,693.79 (349,375.22) (349,375.22) Page 256 of 377
TS-2020-07
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services
SUBJECT: TS-2020-07
Multi-Year Governance Agreement For the Joint Transit
Procurement Facilitated By Metrolinx, 2019-2024
RECOMMENDATION
1) That Council approve the Agreement for the purchase of buses and associated
parts through the Metrolinx Transit Procurement Initiative for 2019 to 2024.
2) That the Mayor and City Clerk be authorized to execute the necessary Agreement.
EXECUTIVE SUMMARY
Metrolinx, which is the planning and managing organization for GO Transit, has created
a program to assist municipalities with the procurement of buses. This Metrolinx program
is referred to as the Transit Procurement Initiative. Municipalities interested in
participating in this voluntary program would enter into an Agreement with Metrolinx who
manage the Request for Proposals process based on input from the participating groups.
The intent of the initiative is to pool orders for buying power, sharing technical expertise,
and ensuring enhanced build quality control through in-plant inspections. The City has
been part of this initiative since 2016. The Current initiative expired in 2019, with the last
orders to be placed by March 2020. The program has been expanded to include
associated parts such as bus batteries. The new agreement would allow the City to
continue with the initiative until 2024. There is an option to opt out prior to vender award
should the details of the contract award not be suitable the City.
BACKGROUND
The Metrolinx Transit Procurement Initiative was created to leverage knowledge and
economies of scale for the benefit of municipalities when procuring rolling stock for their
public transportation systems. To partake in this initiative, the City would be required to
enter into a Governance Agreement with Metrolinx. This Agreement outlines the roles
and obligations of the partners and facilitates participation on a Steering Committee. This
Steering Committee enables the participants to have a voice on all aspects of the
procurement process, from the approval of the technical specifications to the approval of
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the winning supplier. This initiative also eliminates the Request for Proposal/Tender
process for the participating municipalities and can expedite the delivery of the vehicle.
At the present time, approximately fifty (50) municipal transit service partners in Ontario
have entered into the program and each year the number of participating cities and towns
increases. The program is most popular and helpful to smaller municipalities as they may
not have the resources to independently develop the necessary documentation to procure
the type of vehicle needed and certainly do not have economies of scale in their favour.
The primary advantages of this initiative include;
Economies of Scale – Smaller municipalities are benefitting from the buying power of
the collective order.
Administration Savings – One single Request for Proposal is developed and managed
for the benefit of all participants.
Project Governance – The establishment of a participant Steering Committee allows all
agencies to share the collective expertise of the group.
Independent Procurement Oversight – A Fairness Commissioner is retained to ensure
the process is fair and transparent.
Technical Specifications & Warranties – The collective technical knowledge of the
group ensure state-of-the-art components are employed in the build. The best warranty
practices are employed to enhance coverage and expedite claims.
Accessibility – The best practices are employed to ensure all buses meet the
requirements of the Accessibility for Ontarians with Disabilities Act.
New for this contract will be the inclusion of a Participation Fee that will be charged by
Metrolinx to recover program administration costs. In addition the new agreement will
allow for participation in other programs such as the bulk purchase of bus batteries.
ANALYSIS/RATIONALE
Inclusion into the Metrolinx Transit Procurement Inititaive, via an Agreement between the
parties, offers the City many benefits to receive a quality built bus in a cost effective
manner. Further, this Agreement between the City and Metrolinx enables the purchase
of both Conventional buses, specialized buses and parts through this processs for the
next five years, which would reduce the resources and timelines required to procure
buses during budget cycle.
FINANCIAL IMPLICATIONS
Through the Transit Procurement Initiative, the City will recognize a savings for the
purchase of buses and parts.
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January 28, 2020
CITY’S STRATEGIC COMMITMENT
The participation in this Joint Procurement initiative for the purchase of Conventional and
Specialized buses supports the City’s Strategic Priorities which include: Convenient &
Accessible Transportation being committed to a safe, accessible, convenient, integrated
and fiscally responsible transportation network, accessible to locals and visitors.
Recommended by:
Karl Dren, Director of Transportation Services
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Page 259 of 377
TS-2020-08
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Services Department
SUBJECT: TS-2020-08
Rainbow Crosswalk Request - Update
RECOMMENDATION
For the information of Council.
EXECUTIVE SUMMARY
This report is in response to the January 14, 2020 Council motion that Staff meet with the
Downtown BIA and provide additional information and options regarding the installation
of a rainbow crosswalk.
The estimated costs for the installation of a rainbow crosswalk is a function of the
crosswalk length, material and design selected. Staff have reviewed these elements in
support of Councils motion. Following discussions with the Downtown BIA and the
requester, both have identified that the ladder style crosswalk on the south approach is
preferred as a fiscally responsible option. This is the shortest crosswalk at the
intersection, which connects the City Hall property to Rosberg Family Park / Olympic
Torch Trail. The Downtown BIA has committed to funding 50 percent of the installation
costs, which is approximately $1,500. The remaining funding of $1,500 can be
accommodated within Transportations Services Operations budget.
BACKGROUND
This report is in response to the January 14, 2020 Council motion that Staff meet with the
Downtown BIA and provide additional information and options regarding the installation
of a rainbow crosswalk.
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January 28, 2020
ANALYSIS/RATIONALE
As noted in report TS-2020-06, two designs were initially considered for the installation
of the rainbow crosswalk at the intersection of Queen Street and Erie Avenue, these are
illustrated below in Figure 1 and Figure 2.
Figure 1: Multi-coloured ‘ladder’ pattern
design
Figure 2: Multi-coloured ‘longitudinal’ pattern design
Following discussions with the Downtown BIA and the requester, both have identified that
the ladder style crosswalk on the south approach is preferred as a fiscally responsible
option.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The estimated costs for the purchase of the thermoplastic materials and contracted labour
to install a rainbow crosswalk, in the ladder style design on the south approach is
approximately $3,000. Associated maintenance costs are anticipated to be minimal for
the first 5-years. The Downtown BIA has committed to funding 50 percent of the
installation costs, which is approximately $1,500. The remaining funding of $1,500 can
be accommodated within Transportations Services Operations budget.
CITY’S STRATEGIC COMMITMENT
Encourage multi-modal travel and active transportation initiatives, and enhance motorist,
cyclist and pedestrian safety.
LIST OF ATTACHMENTS
None
Recommended by:
Karl Dren, Director of Transportation Services
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Page 261 of 377
CD-2020-02
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: City Clerk
SUBJECT: CD-2020-02
Fee Waiver Application
Niagara Falls Mayor’s Youth Advisory Committee-Youth Forum
RECOMMENDATION
That Council approve the Fee Waiver Application for:
“Niagara Falls Mayor’s Youth Advisory Committee – Youth Forum” to be held on
Thursday, March 5, 2020, in the amount of $550.00 for the waiver of student
transit fares to and from the event.
EXECUTIVE SUMMARY
Niagara Falls City Council adopted the Council Discretionary Spending report on
February 12, 2019. This included the Fee W aiver Policy that accompanied the report.
The City of Niagara Falls is committed to supporting volunteer, community-based
organizations in order to maintain a quality of life for its residents. This policy aims to
protect the City’s assets, interests, goals, facilities, programs and services while also
ensuring that festivals and events grow and prosper, positively impacting the quality of
life of Niagara Falls residents.
The financial scope of this policy is limited to the Council approved budgetary amo unt
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 c an be
waived include, but are not limited to:
Park permit fees
Rental of City Property
Road Closure Fees
Staffing costs outside normal operations
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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
The attached completed Fee Waiver Application from the “Niagara Falls Mayor’s
Youth Advisory Committee – Youth Forum” shows that the request is for the waiver
of fees for the cost of 100 student transit fares (x 2) to and from the event. The cost of
these fares would total $550.00.
A review of the application depicts that the organization is a not-for-profit group, which is
in keeping with the intent of the policy.
The Event Description for the “Youth Forum” details the following:
The Youth Forum is designed to gather input on a wide variety of topics including
Recreation and Culture in the City of Niagara Falls. The bus passes are
intended to encourage all students to download the new transit app and take the
bus to and from the event.
The Youth Forum is a great opportunity to gather and share information directly
from youth with Council, staff and local organizations.
FINANCIAL IMPLICATIONS/BUDGET IMPACT
If this application is approved, the total of $550.00 in fee waivers would be withdrawn
from funds allocated from the 2020 operating budget.
LIST OF ATTACHMENTS
Appendix 1 – Fee Waiver Application Form (completed)
Page 263 of 377
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CD-2020-02
January 28, 2020
Recommended by:
Bill Matson, City Clerk
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Page 264 of 377
F-2020-05
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2020-05
Monthly Tax Receivables Report – December
RECOMMENDATION
That Council receive the Monthly Tax Receivables report for information purposes.
EXECUTIVE SUMMARY
This report is prepared monthly to provide Council with an update on the City’s property
tax receivables. Outstanding taxes as of December 31, 2019 were $14.5 million
compared to $14.3 million in 2018. During December, tax receivables as a percentage of
taxes billed modestly decreased from 7.3% in 2018 to 7.2% 2019. The City’s finance staff
has had continued success in resolving properties that are subject to registration for 2019.
At this stage 91.5% of properties have developed payment arrangements or paid in full.
There are currently four properties scheduled for tax sale in the next two years.
BACKGROUND
This report is being provided as part of the monthly financial reporting to Council by staff.
ANALYSIS/RATIONALE
Tax collection for 2019 lags slightly behind the collection history for 2018 for the month of
December. Table 1 shows that taxes outstanding at December 31, 2019 are $14.5
million. This represents an increase from $14.3 million in arrears for the same period in
2018. This table also breaks down the taxes outstanding by year. Finance staff continues
to actively pursue property owners in arrears.
Table 2 provides the breakdown of outstanding taxes by assessment class. The majority
of outstanding taxes are for the residential and commercial property class. The chart
shows the taxes owing from the residential property class has increased from a year ago
whereas the commercial property class has decreased.
Finance staff takes specific collection actions for properties that are subject to registration.
At January 1, 2019, 293 properties were subject to registration. Table 3 summarizes the
progress of these actions after twelve months of activity. This table shows 91.5% of the
tax accounts or 268 properties have been paid in full or the owners have made suitable
payment arrangements. During December, four accounts were paid in full. The number
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January 28, 2020
of accounts with suitable payment arrangements including paid in full increased from
90.8% (November) to 91.5% (December).
Finance staff continues to make every effort to have accounts paid in order to avoid the
registration process and the associated costs related to that process.
Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the
future. The outstanding taxes for registered properties represents 0.56% of the total taxes
to be collected.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Tax arrears as a percentage of taxes billed in a year is a performance measure that
stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due
to its high reliance on commercial assessment, is traditionally higher compared to
municipalities of similar size. The percentage of taxes outstanding to taxes billed as at
December 31, 2019 is 7.2%, which is a slight decrease of 2018’s value at 7.3%. The
municipality has a record of full collection and earns significant penalty revenues to offset
the higher measure.
LIST OF ATTACHMENTS
Table 1 Taxes Receivable at December 31, 2019
Table 2 Taxes Receivable by Property Class at December 31, 2019
Table 3 Number of Properties Subject to Registration
Table 4 Scheduled Tax Sales Dates for Registered Properties
Recommended by:
Tiffany Clark, Director of Finance
Respectfully submitted:
Ken Todd, Chief Administrative Officer
A.Felicetti
Page 266 of 377
TABLE 1
Taxes Receivable
at December 31, 2019 2019 2018
Outstanding Taxes @ November 30, 2019 21,642,233$ 21,105,896$
Supplemental Due December 31, 2019 659,134$ 858,405$
Taxes Collected during December 7,815,280$ 7,641,535$
Outstanding Taxes @ December 31, 2019 14,486,087$ 14,322,766$
Outstanding Taxes by Year:
3 Years and Prior 784,691$ 685,488$
2 Year 1,189,796$ 964,860$
1 Year 3,505,017$ 3,297,738$
Current 9,006,583$ 9,374,679$
Total 14,486,087$ 14,322,766$
TABLE 2
Taxes Receivable by Property Class
at December 31, 2019
2019 % of Class 2018 % of Class
Taxes Owing Taxes Owing
Residential 9,117,334$ 62.94%8,484,044$ 59.23%
Multi-Residential 84,665$ 0.58%128,327$ 0.90%
Commercial 4,686,413$ 32.35%5,234,366$ 36.55%
Industrial 577,657$ 3.99%466,100$ 3.25%
Farmlands 20,018$ 0.14%9,929$ 0.07%
Total Receivables 14,486,087$ 100.00%14,322,766$ 100.00%
Page 267 of 377
TABLE 3
Number of Properties
Subject to %
Registration
as at December 31, 2019
Initial Amount (January 1, 2019)293
Paid in Full 104 35.5%
Payment Arrangements 164 56.0%
Ongoing Collection 25 8.5%
Action
Registered 0 0.0%
293 100.0%
TABLE 4
June 2020 4 81,289$
November 2020 0
Totals 4 81,289$
Scheduled Tax Sales Dates for
Registered Properties Number of Properties Taxes Outstanding
Amount
Page 268 of 377
F-2020-06
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2020-06
2020 Interim Tax Levy
RECOMMENDATION
That Council approve the 2020 Interim Tax Levy calculation and by-law providing for the
2020 Interim Tax Levy.
EXECUTIVE SUMMARY
The Corporation of the City of Niagara Falls requires a 2020 interim tax levy so as to
provide the City with operating cash flow and to meet its statutory obligations for collecting
taxes on behalf of the Region of Niagara and the local school boards. The statutory
requirement of the City is to provide quarterly payments to both the Region of Niagara
and the local school boards. The interim levy is calculated so that property owners will
be billed amounts not exceeding one half of the previous year’s annual taxes. The
installment dates for the Interim Levy are February 28th and April 30th.
BACKGROUND
The Municipal Act, 2001 provides the City of Niagara Falls with the authority to issue an
interim tax levy. Traditionally the interim levy has been made in February with two
installment dates. The City of Niagara Falls requires a 2020 interim tax levy so as to
provide the City with operating cash flow and to meet its statutory obligations for collecting
taxes on behalf of the Region of Niagara and the local school boards. The statutory
requirement of the City is to provide quarterly payments to both the Region of Niagara
and the local school boards.
ANALYSIS/RATIONALE
The authority to collect this interim tax levy is prescribed in section 317 of the Municipal
Act, 2001. The interim levy is subject to the following rules:
1. The amount levied on a property shall not exceed the prescribed percentage, or
50 percent if no percentage is prescribed, of the total amount of taxes for municipal
and school purposes levied on the property for the previous year.
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January 28, 2020
2. The percentage used in the levy may be different for different classes but must be
the same for all properties in a property class.
3. Allows the municipality to use an entire years taxes for a property in the calculation
of the interim tax levy in the situation that a full year was not charged in the previous
year.
Staff has developed the interim tax levy based on these rules and has determined that
the amount due for the interim levy for each property will not exceed 50% of the
annualized assessment used in determining the 2019 tax levy.
The due dates for this interim tax levy are in accordance with the Municipal Act, 2001.
The interim bill will be due on two dates. As per the regulations outlined in the Municipal
Act, 2001, property owners must be provided 21 days notice before payment. The due
dates are consistent with the regulation and will be February 28, 2020 and April 30, 2020.
In 2019, these dates were February 28, 2019 and April 30, 2019.
An interim levying by-law is required to establish the amount of the interim levy. This has
been prepared and appears on this evening’s Council Agenda for passage.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The internal need for cash flow and the external statutory obligation necessitate the
interim tax levy. Failure to provide an interim tax levy could lead to increased short term
borrowing by the Corporation and could result in unplanned interest expenses. An interim
tax levy is required to ensure the provision of the required funds to minimize bor rowing
costs.
Recommended by:
Tiffany Clark, Director of Finance
Respectfully submitted:
Ken Todd, Chief Administrative Officer
A. Felicetti
Page 270 of 377
PBD-2020-02
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2020-02
PLC-2019-004, Request for Removal of Part Lot Control
Block 92 in Plan 59M-395
Chippawa West Plan of Subdivision
Applicant: Queensway Chippawa Properties Inc.
RECOMMENDATIONS
1. That Council approve the request and pass the by-law included in tonight’s agenda to
designate Block 92, Registered Plan 59M-395, as exempt from Part Lot Control for a
period of two years;
2. That the by-law exempting Block 92 from Part Lot Control not be registered until
Queensway Chippawa Properties Inc. has conveyed Part of Block 92 (Part 1 on plan
59R-14751) to the City without charge and encumbrances, and entered into an
agreement and provided securities for the construction of a fenced walkway on the land
linking Tallgrass Avenue and Lyon’s Creek Road to the City’s satisfaction; and
3. That Council approve lifting of the easement over Part of Block 92 (Part 2 on plan 59R-
14751) which was registered for emergency access until a street connection was
provided to Willick Road.
EXECUTIVE SUMMARY
Queensway Chippawa Properties Inc. has requested Council pass a by-law to exempt Block
92, Registered Plan 59M-395 from being subject to Part Lot Control to allow the future transfer
of ownership of three parcels proposed for detached dwellings. The request can be supported
based on the following:
The City has determined that Block 92 is no longer required as an emergency access
for the Chippawa West plan of subdivision as a street connection has been provided to
Willick Road;
The use of this Planning Act mechanism is an acceptable alternative to a consent
because the block is located within a registered subdivision;
The zoning permits detached dwellings and the proposed parcel sizes; and
The by-law will permit a deed to be created for each parcel containing a future detached
dwelling and permit each to be sold.
Page 271 of 377
PBD-2020-02
January 28, 2020
While staff have no objection to the passing of a by-law exempting Block 92 from Part Lot
Control, the by-law should not be registered on the lands until Queensway Chippawa
Properties has conveyed part of Block 92 to the City for a permanent fenced walkway and
entered into an agreement and provided securities to guarantee its construction.
BACKGROUND
Queensway Chippawa Properties Inc. has submitted a request to have Part Lot Control lifted
from Block 92 on Registered Plan 59M-395 (Chippawa West Plan of Subdivision). The subject
lands are illustrated on Schedule 1.
The removal of Part Lot Control is a planning tool that is intended to allow minor boundary
adjustments to blocks within registered plans of subdivision. In this case, the removal of Part
Lot Control is requested to allow the creation of three parcels for 3 detached dwellings. Refer
to Schedule 2 for details on how the block is proposed to be divided into three parts (Parts 1,
2 and 3). Schedule 2 also illustrates Part 1 on plan 59R-14751, which is part of Block 92,
where the City currently has a servicing easement and a walkway is to be constructed.
ANALYSIS/RATIONALE
Block 92 is located within the Chippawa West Plan of Subdivision (59M-395) which was
registered on October 10, 2012. The lands are owned by Queensway Chippawa Properties
Inc. and have been used to provide an emergency access while the subdivision has been
developed. Emerald Avenue has now been extended to Willick Road and provides a second
means of access to the subdivision. Thus the emergency access over part of Block 92 is no
longer required.
While the land is no longer required for emergency vehicular access, staff have determined
that a permanent walkway should be constructed along the northerly boundary of the block
where the City already has a servicing easement (Part 1, Plan 59R-14751). The walkway
should be fenced and constructed by the developer to the City’s satisfaction. The applicant’s
proposal to divide the balance of the block for detached dwellings is reasonable.
The applicant wishes to defer construction of the permanent fenced walkway until after the
construction of the three detached dwellings is complete due to access restrictions and the
possibility of damaging the walkway. The applicant will need to enter into a Servicing
Agreement with the City to agree to construct the fenced walkway to City standards. A
$58,200.00 Letter of Credit as security for the full cost of construction of the fenced walkway
will also be necessary. The applicant is advised that the Servicing Agreement will require the
maintenance of a safe and temporary trail over the land at the applicant’s expense and liability
until the permanent fenced walkway is complete.
The subdivision contains a mix of lots for detached and semi-detached dwellings and blocks
for on-street and block townhouse dwellings. The subject lands are zoned Residential Mixed
(R3-760) by Zoning By-law No. 79-200, as amended by By-law No. 2006-205. The proposed
parcels comply with the minimum lot area and minimum lot frontage requirements of the zoning
by-law.
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Part Lot Control provisions under the Planning Act prevent lands that are within a registered
plan of subdivision from being further divided without a consent to sever. Municipalities have
the ability to exempt blocks from Part Lot Control to allow lot lines to be reconfigured or part
of a block to be conveyed without a consent. Approval of a Part Lot Control by-law is requested
so that the lands can be divided for future detached dwellings and sold. Removal of Part Lot
Control has been requested for two years to allow for flexibility in scheduling real estate closing
dates and to consider market absorption of the units. This time period should be sufficient
time to allow units to be absorbed by the market.
Once the by-law lifting Part Lot Control is passed by Council it will have to be registered on
Block 92 before the land can be divided into the desired three parcels. Staff recommend that
the by-law not be registered until the applicant has conveyed Part 1 on plan 59R-14751 to the
City without charge and encumbrances, and entered into an agreement and provided
securities for the construction of a fenced walkway on the land linking Tallgrass Avenue and
Lyon’s Creek Road to the City’s satisfaction.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The proposed development will provide Development Charges and new tax assessment to
the City.
CITY’S STRATEGIC COMMITMENT
Council’s priority is to strengthen and promote economic development in the City. The
application is consistent with this priority.
LIST OF ATTACHMENTS
Schedule 1 – Location Map
Schedule 2 – Reference Plan – Block 92
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Attach.
S:\PDR\2020\PBD-2020-02, PLC -2019-004, Request to removal of Part Lot Control, Block 92 Plan 59M-395.docx
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SCHEDULE 1
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SCHEDULE 2
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PBD-2020-03
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2020-03
Amendment to Designated Property Grant for
Stone Building at the Halfway, 2358 Portage Road
RECOMMENDATION
That Council approve the amended Designated Property Grant amount of $1,921.00 that
reflects the cost of installation and additional work necessary.
BACKGROUND
A grant application to restore two windows in the small stone building at the Halfway was
submitted to the Municipal Heritage Committee and recommended to Council for approval
in August 2019. The quotation was for two six over six sash with storm windows and
screens in the amount of $2,260.00, however, storms and screen windows are not eligible
items. Therefore, the cost of the two pairs of window sash was reduced to $1,000,
meaning an eligible grant of $500.00. The approval included the cost of installation to be
completed by the contractor. The grant was approved by Council.
Once the contractor started the work it was realized one window required a full re -build
of the window frame plus two sash and two sash for the other window. The final invoice
includes $2,000 for the frame and two pairs of sash (windows), $1,300 for installation plus
$100 for paint and GST for a total of $3,842.
ANALYSIS/RATIONALE
The project has now been completed and a final total invoice has been submitted
($4,859.00 less storms and installation and GST = $3,842). Based on the grant program,
the applicant is eligible for 50%, which would be $1,921.00. The increase in the cost is
reflective of the additional work and installation charge. The work has been inspected
and is acceptable.
FINANCIAL IMPLICATIONS
There are sufficient funds remaining in the Designated Property Grant budget to cover
this revised grant application.
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
P.Boyle:gd
Attach.
S:\PDR\2020\PBD-2020-03, Amendment to Designated Property Grant 2358 Portage Rd.docx
Page 276 of 377
PBD-2020-05
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2020-05
26CD-11-2018-004, Draft Plan of Vacant Land Condominium
Modification to Draft Plan Approval
Block 88, Plan 388, Northwest Corner of Kalar Road & Mulberry Drive
Applicant: Imagine Townhomes GP Inc.
Agent: Armstrong Planning & Project Management (Maria Jones)
RECOMMENDATIONS
1. That subject to subsection 51(47) of the Planning Act, 1990 R.S.O., Council consider
passing the resolution on tonight’s agenda to deem the changes requested by Imagine
Townhomes GP Inc. to the Draft Plan of Vacant Land Condominium for Block 88, Plan
388 to be minor; and determine that no further notice is required;
2. That the modified Plan of Vacant Land Subdivision be draft approved subject to the
modified conditions in Appendix A; and
3. That the Mayor or designate be authorized to sign the modified draft plan as "approved"
20 days after notice of Council’s decision has been given as required by the Planning Act,
provided no appeals of the decision have been lodged.
EXECUTIVE SUMMARY
Council approved a Draft Plan of Vacant Land Condominium for Block 88, Plan 388 on July 10,
2018. Imagine Townhomes GP Inc. is requesting Council to consider passing a resolution to
allow minor modifications to the approved draft plan of vacant land condominium and revisions
to the conditions of draft plan approval. The modifications to the plan are requested to increase
the number of townhouse units proposed on the land from 39 to 41. Planning staff recommends
the request for the following reasons:
The minor change does not impact any Provincial and Regional policies;
The proposal continues to conform to the Official Plan and the Garner South Secondary
Plan regarding the development of the land with medium density residential uses;
The proposal conforms with the site specific zoning of the parcel as approved to be varied
by the Committee of Adjustment (A-2019-034); and
City and Regional interests will continue to be addressed through the fulfillment of
conditions in Appendix A.
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BACKGROUND
Proposal
On July 10, 2018 (PBD-2018-43), Council approved applications for a Zoning By-law Amendment
(AM-2018-08) and Draft Plan of Vacant Land Condominium (26CD-11-2018-006) for this parcel
of land located on the northwest corner of Kalar Road and Mulberry Drive (see Schedule 1 for
location and Schedule 2 for the draft approved plan). Council approved the requested zoning
by-law amendment to change the zoning of the subject land to a Residential Low Density,
Grouped Multiple Dwellings (R4-1069) zone, with site specific regulations to allow the
development of 39 dwelling units (31 townhouse dwelling units and 8 quadruplex dwelling units).
The draft plan was also approved for three years. The existing draft plan approval lapses on
August 3, 2021.
The applicant now wishes to make minor modifications to the approved draft plan. The
modifications are requested to increase the number of units from 39 to 41 (33 townhouse dwelling
units and 8 quadruplex dwelling units). The specific changes would result in the relotting of two
blocks of townhouses along Kalar Road, shown as unit numbers 29 to 41 on Sch edule 3, to
create an additional unit in each block. Typically, changes to a draft plan would require written
notice under the Planning Act, however subsection 51(47) of the Planning Act, 1990 R.S.O allows
a municipality to forgo the requirement of circulation of a written notice if Council deems the
changes to be minor. If Council approves the modification to the draft plan of vacant land
condominium it would still be subject to all the normal Planning Act requirements for appeal rights.
ANALYSIS/RATIONALE
1. Provincial Policy Statement and Growth Plan
The Planning Act requires City planning decisions to comply with Provincial policies.
Greenfield areas, such as the secondary plan area the subject land is located in, are to
be developed to a minimum density of 53 jobs and persons per hectare. With the
modification, the subject development would have a density of 107 jobs and persons per
hectare, which will assist the City in meeting minimum Greenfield area targets as a whole.
As such, the proposed development continues to comply with applicable Provincial
policies.
2. Official Plan
The subject lands are designated Medium Density Residential in the Garner South
Secondary Plan (GSSP). Lands designated Medium Density Residential are intended to
be developed for townhouses, apartment buildings and other multiple unit forms of
housing, at densities between 50 and 75 units per hectare. Lower densities are permitted
provided greenfield density targets noted above are met.
The revised proposal has a density of 41 units per hectare. While this density is below
the minimum density of 50 units per hectare stipulated for Medium Density Residential,
the overall density of the GSSP area will achieve a density of about 55 jobs and persons
per hectare. Accordingly, the revised proposal will meet the intent of the GSSP policies.
3. Zoning By-law Amendment
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The revised condominium increased the density of the proposed development, which
necessitated a Minor Variance (File A-2019-034) application to reduce the lot area per
dwelling unit from 250 square metres per unit to 242 square metres per unit. This
application was approved by the Committee of Adjustment on December 17, 2019 and is
now in force. Thus, the modified draft plan complies with the site specific R4-1069 zoning
of the land as varied by the Committee of Adjustment.
4. Subdivision Design and Conditions of Approval
The revised plan of vacant land condominium provides 41 vacant land units for future
townhouse dwelling units. This minor change does not affect the internal driveway pattern
or accesses to Mulberry Drive and Kalar Road.
The revised conditions are included in Appendix A. The revisions are shown in bold and
affect conditions 1 and 3 (for housekeeping).
FINANCIAL IMPLICATIONS
The proposed development will generate development charge contributions and property tax
revenue for the City. There are no other financial implications.
CITY’S STRATEGIC COMMITMENT
The proposed development is consistent with the Diverse and Affordable Housing Strategic
Priority in that it provides an additional housing option in this area.
LIST OF ATTACHMENTS
Schedule 1 – Location Map
Schedule 2 – Approved Draft Plan
Schedule 3 – Modified Draft Plan
Appendix A – Conditions for Draft Plan Approval
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
A.Bryce:sp
Attach.
S:\PDR\2020\PBD-2020-05, Redline Revisions to Draft Plan Approval (Warren Woods Condo Block 88).docx
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SCHEDULE 1
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SCHEDULE 2
Layout of 39 units, as approved.
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SCHEDULE 3
Proposed layout depicting 41 units.
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APPENDIX A
REVISED Conditions for Draft Plan Approval
26CD-11-2018-006
1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper
Canada Consultants, dated April 23, 2018, showing 33 units of vacant land for
townhouse dwelling units and 8 units of vacant land for quadruplex dwelling units as
well as a common private road, visitor parking and amenity areas.
2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings
and information, including but not limited to, site, elevation and landscaping drawings
to confirm zoning compliance.
3. The developer submit elevation and perspective drawings to Planning, Building and
Development that illustrate a front elevation of units 29 to 41 inclusive facing Kalar
Road.
4. The developer provide four copies of the pre-registration plan to Planning, Building &
Development and a letter stating how all the conditions imposed have been or are to
be fulfilled.
5. The developer enter into a Vacant Land Condominium Agreement with the City, to be
registered on title, to satisfy all requirements, financial and otherwise, related to the
development of the land. Note: Should any other body wish to have its conditions
included in the Vacant Land Condominium Agreement, they may be required to
become party to the Vacant Land Condominium Agreement for t he purpose of
enforcing such conditions.
6. The developer submit a Solicitor’s Certificate of Ownership for the land to the City
Solicitor prior to the preparation of the Vacant Land Condominium Agreement.
7. The developer provide a landscape plan, prepared by a Landscape Architect (OALA),
showing fencing, entrance features, streetscape treatment, internal landscaping/lot
landscape design, patios, driveway locations and garbage enclosures/collection
areas. Connectivity to adjacent green space, walking trails, and sidewalks should be
illustrated. Fencing between the units and Kalar Road to be wrought iron or similar
fencing, not exceeding 1.2 metres in height, save and except for privacy yard fencing.
8. The roadways, services, lot grading and underground services shall all be designed
and constructed in accordance with City standards. The developer ensure that the
existing municipal infrastructure will adequately service the development as
demonstrated in a site servicing brief prepared by a Professional Engineer licensed in
Ontario.
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Note: No looping connections of the existing watermain will be permitted at any point
within the development (i.e. single connection to municipal distribution network only).
9. The developer submit a lighting plan prepared by a professional engineer. The design
is to be independently powered and metered. Photometric plans are to be submitted
demonstrating zero impact on neighbouring properties.
10. The developer provide the City with the proposed site servicing and grading scheme
for the subject property to Municipal Works for review and comment prior to start of
construction.
11. The developer pay the applicable development charges in place at the execution of
the Vacant Land Condominium Agreement and prior to Building Permit issuance in
accordance with By-law No. 2014-87, as amended.
12. The developer pay the City the applicable required fees for administration.
13. That the following condition be placed in the Vacant Land Condominium Agreement:
“Owners shall be required to have their Engineering Consultant provide written
acceptance that the works completed conform with the City’s accepted drawings and
in accordance with NPSCD and City construction specifications.”
14. The developer submit a request to the Fire Department to designate, through
municipal by-law, a fire access route on the property; provide a drawing illustrating the
fire route’s compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario
Building Code; and post the necessary ‘No Parking’ signs. NOTE: parking shall be
prohibited on both sides of the access roads.
15. The developer provide the necessary servicing drawings to Fire Services, to confirm
compliance of the development with Section 3.2.5.7 of the Ontario Building Code,
including the location of the fire hydrants. Fire hydrants to be identified will be private
hydrants and as such need to be tested and maintained in accordance with the
requirements of the Ontario Fire Code.
16. The developer meet the requirements of Enbridge Gas Distribution with respect to the
provision of their facilities to the subject lands including providing necessary
easements, any necessary relocation of the gas main, provision of an exclusive use
location for a pressure reducing regulator station, installation of gas piping and
subsequent completion of landscaping, grading and paving, and service and meter
installation details.
17. That a Centralized Mail Box (CMB) be located on the site in a location to b e
determined in cooperation with Canada Post, and that the developer identify this site
on a display in the sales office prior to offering any units for sale.
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18. The developer include in all offers of purchase and sale, a statement that advises the
prospective purchaser that the mail delivery will be from a designated Community Mail
Box (CMB) and that the developer will be responsible for officially notifying the
purchasers of the exact CMB locations and easements granted to Canada Post prior
to the closing of any home sales.
19. The developer satisfy all requirements of Canada Post regarding temporary and
permanent CMB locations and associated works, engineering servicing drawings,
construction of a concrete pad, installation, notification of the start of construction and
providing mail service information to property owners.
20. The condominium agreement between the developer and the City contain the
following clause:
“The developer agrees to implement the mitigation measures recommended by the
Warren Woods Estates – Scoped EIS (March 18, 2009) prepared by L. Campbell &
Associates and approved by the Niagara Peninsula Conservation Authority.”
21. The developer submit a written undertaking to Niagara Region indicating that draft
approval of this condominium does not include a commitment of servicing allocation
by the Regional Municipality of Niagara as this servicing allocation will be assigned at
the time of registration and any pre-servicing will be at the sole risk and responsibility
of the owner.
22. The developer submit a written undertaking to Niagara Region indicating that all Offers
and Agreements of Purchase and Sale or Lease, which may be negotiated prior to
registration of this condominium, shall contain a clause indicating that a servicing
allocation for this condominium will not be assigned until the plan is registered, and a
similar clause be inserted in the condominium agreement between the owner and the
City.
23. The following clause be included in the condominium agreement:
“Should deeply buried archaeological remains/resources be found on the property
during construction activities, all activities impacting archaeological resources must
cease immediately, notify the Archaeology Programs Unit of the Ontario Ministry of
Tourism, Culture and Sport (416-212-8886) and a licensed archaeologist (owner’s
archaeology consultant) is required to carry out an archaeological assessment in
accordance with the Ontario heritage Act and the Standards and Guidelines for
Consultant Archaeologists.
In the event that human remains are encountered during construction, all activities
must cease immediately and the local police as well as the Cemeteries Regulation
Unit of the Ministry of Government and Consumer Services in Toronto (416-326-8800)
must be contacted. In situations where human remains are associated with
archaeological resources, MTCS should also be notified to ensure that the site is not
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subject to unlicensed alterations which would be a contravention of the Ontario
Heritage Act.”
24. Prior to final approval for registration of this plan of subdivision, the owner shall submit
the design drawings (with calculations) for any proposed municipal sanitary and storm
drainage systems require to service this development and obtain Ministry of the
Environment Compliance Approval under the Transfer of Review Program.
25. Verification of available wet weather sanitary capacity in the South Niagara Falls
system and required mitigation measures required to accommodate development, be
submitted for review and approval by the Niagara Region and City.
26. The development provide a written acknowledgement (stamped and signed) from a
qualified professional engineer that the existing stormwater management facility will
accommodate the proposed development.
27. Prior to approval of the final plan or any on-site grading, the owner shall submit an
updated stormwater management plan and report for the condominium and the
following plans designed and sealed by a qualified professional engineer in
accordance with the Ministry of the Environment documents entitled Stormwater
Management Planning and Design Manual, March 2003 and Stormwater Quality
Guidelines for New Development, May 1991, or their successors to Niagara Region:
a) Detailed lot grading and drainage, storm servicing, and stormwater
management plans, noting both existing and proposed grading and the means
whereby overland flows will be accommodated across the site; and
b) Detailed construction erosion plans.
28. The condominium agreement contain provisions whereby the owner agrees to
implement the approved plan(s) required by the condition no. 27.
29. The developer ensure the development provides an access that complies with Niagara
Region’s Corporate Policy for Waste Collection and by-laws relating to the curbside
collection of waste, throughout all phases of development (if applicable). If the
proposal will be constructed in phases, where a through street is not maintained, the
developer shall provide a revised draft plan to reflect a proposed temporary
turnaround area/cul-de-sac to Regional standards.
30. The developer enters into an Indemnity Agreement with Niagara Region prior to
commencement of Regional waste collection services to this site. If the owner has
not entered into the agreement at the time clearance of conditions is requested, a
similar clause shall be included in the condominium agreement.
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Notes:
1. Prior to granting final plan approval, the City must be in receipt of written
confirmation that the requirements of each condition have been met and all
fees have been paid to the satisfaction of the Niagara Region.
2. Prior to final approval for registration, a copy of the draft condominium
agreement for the proposed development should be submitted to the Niagara
Region for verification that the appropriate clauses pertaining to any of these
conditions have been included. A copy of the executed agreement shall be
provided prior to registration.
3. In order to request clearance of the above noted Re gional conditions, a letter
outlining how the conditions have been satisfied, together with all studies and
reports (two hard copies and a PDF digital copy), the applicable review fee,
and the draft condominium agreement shall be submitted to the Niagara R egion
by the applicant as one complete package, or circulated to the Niagara Region
by the City.
31. The following notice clause shall be included in the Condominium Agreement and in
any Site Plan Agreement and in all Agreements of Purchase and Sale for the
condominium units, and in any leases:
“Cytec Canada Inc. (“Cytec”) owns lands located north of the Welland River
and west of Garner Road. Cytec’s lands are designated Industrial and zoned
for heavy industrial uses. Cytec operates chemical manufacturing and
industrial facilities on its lands and may in the future expand its operations by
expanding or adding to its existing buildings or constructing new buildings
and/or intensifying its operations. Cytec may also erect and/or construct and
operate facilities for any of the uses permitted in the City’s Zoning By-law.
Cytec’s use of its lands may generate odour and air emissions and create
noise, together with other industrial effects. Cytec is a member of the Canadian
Chemical Producer’s Association and has been verified under the Responsible
Care Codes of Practice. This notice clause includes any successors and/or
assigns in title to Cytec.”
Clearance of Conditions
Prior to granting approval to the final plan, Planning, Building & Development requ ires written
notice from applicable City Divisions and the following agencies indicating that their
respective conditions have been satisfied:
- Planning Division for Conditions 1 to 4 (inclusive)
- Legal Services for Conditions 5 and 6
- Parks Design for Condition 7
- Municipal Works Department for Conditions 8 to 13 (inclusive)
- Fire Services for Conditions 14 and 15
- Enbridge Gas for Condition 16
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- Canada Post for Conditions 17 to 19 (inclusive)
- Regional Niagara Public Works Department for Conditions 20 to 30 (inclusive)
- Cytec Canada Inc. (Solvay) for Condition 31
Page 288 of 377
R&C-2020-01
January 28, 2020
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Recreation & Culture
SUBJECT: R&C-2020-01
2019 Annual Update from the Public Art Advisory Task Force
RECOMMENDATION
For the information of Council.
EXECUTIVE SUMMARY
City Council is the steward of the City’s public art and as such holds it in trust for the
citizens of the City of Niagara Falls. Council will maintain and develop the public art
collection in keeping with the vision statement and goals of the Pub lic Art Policy.
Council designates the custody of public art to the Recreation & Culture Department.
The management of public art will be the responsibility of City of Niagara Falls staff with
the assistance of the Public Art Advisory Task Force (PAATF) who will:
1. Ensure the development of a collection management system, with
documentation standards and procedures modelled on museum practices and
with an ongoing system of maintenance and inspection.
2. Develop, maintain and promote the art collection and oversee the provision of
fiscal resources for this purpose.
3. Preserve the physical integrity and security of the art collection and the
provision of adequate facilities and resources for its long term care.
4. Arrange for the installation and placement of public art in public spaces.
5. Facilitate programming and public education opportunities related to the art
collection’s use and promotion.
This report provides Council with an update on submissions to the PAATF in 2019.
BACKGROUND
Public Art is defined as physical works of art and cultural property installed in the public
realm. These works of art can be temporary or permanent, and may be installed within
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buildings, or outdoors on public lands. This document provides a vision, purpose and
goals for the City’s relationship with all public art, while specifically addressing
management guidelines and policy for the public art that currently exists.
Visually beautiful cities stimulate a sense of pride and commitment. Through its Public
Art Policy, the City of Niagara Falls strives to create vibrant public spaces that reflect
the diversity of our community and engage its residents and visitors with quality works
of public art.
The City of Niagara Falls seeks to encourage all those who care about the community
to participate in making art, collecting it and commissioning it.
The goals of Public Art will be to;
1. Provide access to art in public places for all of Niagara Falls citizens.
2. Enhance Niagara Falls’ desirability as a community by creating appealing
environments in which to live, work and play.
3. Honour, preserve and encourage our cultural heritage and artistic diversity.
4. Promote civic identity through awareness and preservation of the community’s
history, cultures and living arts.
5. Support effective urban planning, economic development and cultural tourism
opportunities.
All public art projects and acquisitions will be assessed and developed according to the
above goals.
The following works were submitted for consideration by the PAATF.
Three applications received in 2019 (two from same artist)
Applications NOT recommended for acquisition
Title: Life-Size Bronze Elephant Sculpture
Artist: Gabrielle Fischer Horvath
Category: Visual Art, Landscape & Architectural Features, Temporary Works
Date Submitted: Aug 25, 2019
The Task Force unanimously chose not to recommend this project for further
consideration in the specified location. City Hall was the only location put forth by the
artist.
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Note: It is important to state that if another City location were proposed, the Task Force
members would happily reconsider the project as they unanimously rated the artistic
merit of the project as Very High and generally supported the idea of this piece finding a
location in Niagara Falls.
Titles: “Seahorse 469” and “Recycle Art Gallery”
Artist: Vladislav Kashirski
Category: Visual Art
Date Submitted: Dec 5, 2019
Internal Addition to the Public Art Collection
The Task Force supported the idea brought forth by member Sherman Zavitz to create
a Storyboard for Railways in Niagara Falls. With the assistance of former TF member
Geoff Holman, Municipal Works funded this project. The Storyboard was unveiled on
Nov 26, 2019.
ANALYSIS/RATIONALE
The works were considered by the PAATF based on the criteria established in the
Public Art Policy.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The works accepted into the collection do have spatial storage needs. Currently all
items in the public art collection reside on City property, including offices and public
outdoor spaces. Staff is required to ensure proper paperwork and documentation is
followed to ensure transfer of ownership and long-term understanding of the collection.
W orks in the collection do require ongoing monitoring and maintenance when
necessary.
CITY’S STRATEGIC COMMITMENT
The City of Niagara Falls is committed to building and promoting a vibrant, sustainable
City that supports an active, connected, and creative community. Through public art, the
City can stimulate a sense of pride and commitment from residents and visitors to the
City of Niagara Falls.
Recommended by:
Kathy Moldenhauer, Director of Recreation and Culture
Respectfully submitted:
Ken Todd, Chief Administrative Officer
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1
Heather Ruzylo
From: ACL 10 Shannon Miller <acl.10@guidesontario.org>
Sent: Tuesday, January 14, 2020 1:56 PM
Subject: World Thinking Day
Hello
I am wondering if there is opportunity to raise the Girl Guides of Canada flag for World Thinking Day.
February 22, 2020 is officially World thinking day for all Girls Guides and Boy Scouts worldwide
where we celebrate the birthdays of our founders, Lord and Lady Baden Powell. This year marks the
94th celebration.
We were hoping for an opportunity to have our Flag flying at City Hall. We would love to arrange to
have a group of Girls from all branches attend the Flag Raising if that was possible.
Thank you for your time and consideration.
Shannon Miller
Administrative Community Leader - Community 10
Girl Guides of Canada, Ontario Council
180 Duncan Mill Rd, Suite 100 | Toronto, ON M3B 1Z6
Tel: 416.926.2351, ext. 6010 | Toll Free: 877.323.4545, ext. 6010
Email: acl.10@guidesontario.org
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Page 292 of 377
1
Heather Ruzylo
To:Beth Angle
Subject:RE: Bell Let's Talk - January 29th, 2020
From: Naccarato, Rosemary [mailto:rosemary.naccarato1@bell.ca]
Sent: Tuesday, January 14, 2020 4:47 PM
To: Cathy Crabbe
Cc: Beth Angle
Subject: RE: Bell Let's Talk - January 30th, 2019
Version française
As a valued community partner, I am excited to bring you the first update about
the upcoming 10th annual Bell Let’s Talk Day on Wednesday, January 29. Bell
Let’s Talk Day 2020 marks a milestone year in the world’s largest conversation
around mental health. We invite you, your staff and community members to join
the conversation and show support for people with mental illness.
We have to date committed more than $100 million in support of mental health
around the country and surpassed 1 billion messages of support sent. With your
help, we can make 2020 the most impactful Bell Let’s Talk Day yet.
Participate in our flag raising program
Last year, we introduced a flag raising program as a new way our partners could
show support for Bell Let’s Talk Day and mental health in their communities.
Page 293 of 377
2
More than 40 municipal and provincial governments, sports teams and partners
across the country held flag raising ceremonies as a way to kick off their Bell
Let’s Talk Day activities and join the conversation. Read more about it here.
We are excited to grow the flag program to new heights in 2020. We invite you to
show your support by raising a Bell Let’s Talk flag in your community on January
29, or during the week leading up to Bell Let’s Talk Day. Your flag raising event
could range from a simple photo op with local mental health organizations to
hosting a public open house highlighting available community resources. The
possibilities are endless!
If you would like to participate in the flag program, please indicate your interest
by registering here. I will arrange to have your flag and Bell Let’s Talk swag sent
to you in asap.
Thank you for considering participation in our program. With your support, we
can make a difference in mental health. Visit bell.ca/letstalk for more information
on how we’re helping to end the stigma around mental illness.
Sincerely,
Rosemary
Rosemary Naccarato, CMM
Manager, Community Investments/Affairs
100 Borough Drive, Toronto, ON M1P 4W2
T : 416-353-9986 M : 416-523-3927
Rosemary
Rosemary Naccarato, CMM
Manager, Community Investments/Affairs
100 Borough Drive, Toronto, ON M1P 4W2
T : 416-353-9986 M : 416-523-3927
Page 294 of 377
3
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Administration
Office of the Regional Clerk
1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7
Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977
www.niagararegion.ca
January 10, 2020
CL 23-2019, December 12, 2019
BRCOTW 9-2019, November 28, 2019
CSD 71-2019, November 28, 2019
LOCAL AREA MUNICIPALITIES
SENT ELECTRONICALLY
2020 Budget-Water and Wastewater Operating Budget, Rate Setting and Requisition
CSD 71-2019
Regional Council, at its meeting held on December 12, 2019, approved the following
recommendations of Budget Review Committee of the Whole:
That Report CSD 71-2019, dated November 28, 2019, respecting 2020
Budget-Water and Wastewater Operating Budget, Rate Setting and
Requisition, BE RECEIVED and the following recommendations BE
APPROVED:
1. That the 2020 net Water & Wastewater operating base budget
increase of $2,340,055 or 2.00% over the 2019 operating budget
BE APPROVED in accordance with Council approved budget
planning direction;
2. That the 2020 net Water & Wastewater operating budget increase
of an additional 3.15% over the 2019 operating budget BE
APPROVED to accommodate enhanced Capital financing
contributions in accordance with Council approved Safe Drinking
Water Act Financial Plan as follows:
a. $1,350,459 or 1.16% over the 2019 operating budget
representing an increase in capital financing contributions for
water; and
b. $2,332,479 or 1.99% over the 2019 operating budget
representing an increase in capital financing contributions for
wastewater;
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2020 Budget-Water and Wastewater Operating Budget, Rate Setting and Requisition
January 10, 2020
Page 2
3. That the 2020 gross Water Operations operating budget of
$46,300,620 and net budget in the amount of $45,920,957 as
outlined in Appendix 6 of Report CSD 71-2019 for the Water
Budget, Rates and Requisition BE APPROVED;
4. That the proposed fixed water requisition shown in Table 3 of
Report CSD 71-2019, based on 25% of the Region’s water net
operating budget for the year and divided by 12 to determine the
monthly charge, to be billed to each of the serviced Local Area
Municipalities starting January 1, 2020, apportioned based on their
previous three year’s average water supply volumes, BE
APPROVED;
5. That the Region’s proposed 2020 variable water rate of $0.602,
shown in Table 4 of Report CSD 71-2019, to be effective January
1, 2020 and calculated by taking 75% of the Region’s water net
operating budget and dividing by the estimated supply volume, to
be billed on a monthly basis to each serviced Local Area
Municipality based on the previous month’s metered flows, BE
APPROVED;
6. That the 2020 gross Wastewater Operations operating budget of
$80,504,266 and net budget in the amount of $77,020,694 as
outlined in Appendix 6 of Report CSD 71-2019 for the Wastewater
Budget, Rates and Requisition BE APPROVED;
7. That the proposed 2020 fixed wastewater requisition as shown in
Table 5 of Report CSD 71-2019, based on 100% of the Region’s
net operating budget for the year and divided by 12 to determine
the monthly charge, to be billed to each of the Local Area
Municipalities starting January 1, 2020, apportioned based on their
previous three year’s average wastewater supply volumes, BE
APPROVED;
8. That the 2020 wastewater monthly bills INCLUDE reconciliation for
the 2018 net requisition allocation based on actual wastewater
flows versus the estimated flows, as shown in Table 6 of Report
CSD 71-2019;
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2020 Budget-Water and Wastewater Operating Budget, Rate Setting and Requisition
January 10, 2020
Page 3
9. That the necessary by-laws BE PREPARED and PRESENTED to
Council for consideration; and
10. That a copy of Report CSD 71-2019 BE CIRCULATED to the Local
Area Municipalities.
A copy of Report CSD 71-2019 and By-law Nos. 2019-94 and 2019-95 are enclosed for
your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
:cjp
CLK-C 2019-267
cc: H. Chamberlain, Director, Financial Management & Planning, Deputy Treasurer
T. Harrison, Commissioner, Corporate Services, Treasurer
M. Abraham, Executive Assistant, Corporate Services
Page 300 of 377
CSD 71-2019
November 28, 2019
Page 1
Subject: 2020 Budget-Water and Wastewater Operating Budget, Rate Setting
and Requisition
Report to: Budget Review Committee of the Whole
Report date: Thursday, November 28, 2019
Recommendations
1. That the 2020 net Water & Wastewater operating base budget increase of
$2,340,055 or 2.00% over the 2019 operating budget BE APPROVED in
accordance with Council approved budget planning direction;
2. That the 2020 net Water & Wastewater operating budget increase of an additional
3.15% over the 2019 operating budget BE APPROVED to accommodate enhanced
Capital financing contributions in accordance with Council approved Safe Drinking
Water Act Financial Plan as follows:
a. $1,350,459 or 1.16% over the 2019 operating budget representing an
increase in capital financing contributions for water; and
b. $2,332,479 or 1.99% over the 2019 operating budget representing an
increase in capital financing contributions for wastewater;
3. That the 2020 gross Water Operations operating budget of $46,300,620 and net
budget in the amount of $45,920,957 as outlined in Appendix 6 for the Water
Budget, Rates and Requisition BE APPROVED;
4. That the proposed fixed water requisition shown in Table 3 of report CSD 71-2019,
based on 25% of the Region’s water net operating budget for the year and divided
by 12 to determine the monthly charge, to be billed to each of the serviced Local
Area Municipalities starting January 1, 2020, apportioned based on their previous
three year’s average water supply volumes, BE APPROVED;
5. That the Region’s proposed 2020 variable water rate of $0.602, shown in Table 4 of
report CSD 71-2019, to be effective January 1, 2020 and calculated by taking 75%
of the Region’s water net operating budget and dividing by the estimated supply
volume, to be billed on a monthly basis to each serviced Local Area Municipality
based on the previous month’s metered flows, BE APPROVED;
6. That the 2020 gross Wastewater Operations operating budget of $80,504,266 and
net budget in the amount of $77,020,694 as outlined in Appendix 6 for the
Wastewater Budget, Rates and Requisition BE APPROVED;
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7. That the proposed 2020 fixed wastewater requisition as shown in Table 5 of report
CSD 71-2019, based on 100% of the Region’s net operating budget for the year and
divided by 12 to determine the monthly charge, to be billed to each of the Local Area
Municipalities starting January 1, 2020, apportioned based on their previous three
year’s average wastewater supply volumes, BE APPROVED;
8. That the 2020 wastewater monthly bills INCLUDE reconciliation for the 2018 net
requisition allocation based on actual wastewater flows versus the estimated flows,
as shown in Table 6 of report CSD 71-2019;
9. That the necessary by-laws BE PREPARED and PRESENTED to Council for
consideration; and
10. That a copy of Report CSD 71-2019 BE CIRCULATED to the Local Area
Municipalities.
Key Facts
The proposed net Water budget before enhanced capital financing represents a
$0.33 million increase, or 0.75% over 2019; the proposed net Wastewater budget
before enhanced capital financing represents a $2.3 million increase, or 2.76% over
2019, for a combined Water & Wastewater Budget increase of 2.00% as shown in
Table 1.
The budget is representative of the Council approved 2020 budget planning direction
of 2.0% for base budget expenditure.
Staff are requesting a separate 3.15% increase for capital financing to support
infrastructure requirements as outlined in the Council approved Safe Drinking Water
Act (SDWA) Financial Plan.
Included in the 2020 base program change (and therefore accommodated within the
2% budget planning direction) is a program change totaling $7 thousand
representing 1 new FTEs.
The requisition methodology conforms to Council approved cost recovery
methodology from 2011, which was reaffirmed through report CSD 61 -2015, on July
2, 2015. The methodology apportions to the local area municipalities water at 75%
variable rate and 25% as a fixed component and wastewater 100% fixed.
The proposed variable water rate is increased to $0.584 for base expenditure and by
an additional $0.018 for capital for a total of $0.602 (2019 = $0.580) attributed to the
budget increase with no projected change in water flows.
Financial Considerations
The Water and Wastewater Division’s proposed 2020 net budget amount of $122.94
million represents a $6.02 million net increase or 5.15% from the 2019 budget, as
shown in Table 1. $77.02 million of the total net cost is related to the Wastewater
program, representing a net increase of $4.34 million, or 5.97% from 2019. The
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remaining $45.92 million relates to the Water program, which has increased by $1.68
million, or 3.80% from 2019. The proposed gross budget and comparison to the 2019
net budget are outlined in Table 1.
Table 1 – Summary of Proposed Water and Wastewater Base Budgets
2020 Proposed Budget - Gross & Net
Water Wastewater Total
Net 2019 Budget Requisition 44,238,899 72,679,759 116,918,658
2020 Budget:
Total Operating Expenses 21,928,290 48,378,209 70,306,499
Business support 2,043,659 3,013,601 5,057,260
Reserve Transfer & Debt Charges 20,978,212 26,779,977 47,758,189
Gross 2020 Budget Total 44,950,161 78,171,787 123,121,948
Less: Revenues* (379,663) (3,483,572) (3,863,235)
Less: Reserve Funding* - - -
Net 2020 Budget Requisition - Before
Increased Capital Financing 44,570,498 74,688,215 119,258,713
Percentage Change 0.75% 2.76% 2.00%
Increased Capital Requirement 1,350,459 2,332,479 3,682,938
Net 2020 Budget Requisition - After
Increased Capital Financing 45,920,957 77,020,694 122,941,651
Percentage Change 3.80% 5.97% 5.15%
*Revenue amounts presented in this table do not include revenue amounts in water and
wastewater shared services (included as an offset in total operating expenses).
Analysis
The 2020 Water and Wastewater budgets were developed giving consideration to
historical results (2018 actuals, 2019 forecast), operational concerns, legislative
compliance, standard operating procedures, collaborations with LAMs, and cross-
divisional and corporate business support costs.
The total program cost includes both operating expenditures (representing 55% of total
program costs), as well as transfers to reserve and debt charges in support of the
capital program (representing 41% of the total program costs) with the remaining as
business support (4%).
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Pressures
Despite the pressures discussed below, the based combined operating budget impact
for 2020 over 2019 has been limited to $2,340,055 or 2.00% as per Council approved
budget planning direction. Pressures to the 2020 budget include:
Labour Related Costs ($1.1 million) – Base labour related costs increased by
$576,000 or 2.4% over 2019. The remainder of the increase can be attributed to
a shift in resources directly attributed and funded by capital to asset management
planning ($74k), a staffing program change as outlined in Table 2 ($80k gross)
and the inclusion of 2.5 temporary FTEs that were added in 2019 by way of
delegated authority and funded through salary gapping for capital project
management.
W/WW Master Servicing Plans (MSP) (Gross = $0.8 million, Net = $0.08 million)
and Biosolids MSP (Gross = $0.5 million, Net = $0) - The MSP project was
included in the Development Charge background study and is funded 90% from
development charges with the remainder being funded by the existing
ratepayers. Staff are recommending that the Biosolids MSP be funded from the
wastewater stabilization reserve which will result in a net impact for 2020 of $0.
The biosolids MSP was not identified in the Development Charges background
study as an eligible project for development charge funding.
Computer software support as a result of Asset Management improvements
($0.2 million) - Staff have identified an opportunity to enhance existing processes
for water and wastewater asset management through a betterment to existing
software. This software licensing fee has been accommodated within the base
budget expenditure. Water and wastewater staff have communicated the need
for this software enhancement with the corporate asset management office. It
has been indicated that this enhancement does not overlap with future
enhancement with the corporate asset management office.
Large diameter mains inspection program ($0.3 million), chemicals based on
usage and cost increases ($0.5 million), property taxes ($0.2 million) and indirect
allocation support costs ($0.4 million).
Anticipated savings in electricity ($1.1 million) - Savings experienced in the
budget for electricity expenditures amounts to $1.1 million for 2020. As noted in
Chart 1, historical actual electricity expenditures have shown a consistent year
over year increase since 2013 through 2016. This trend however has leveled off
starting in 2017. The budgeted decrease in electricity expenditures forecasted for
2020 is to right size the budget based on the recent flattened trend. It is expected
that the current level of electricity expenditure will continue on the current
trajectory until the expiry of the Fair Hydro Act in 2021.
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Chart 1 – Electricity Budget vs. Actuals 2013 to 2020
The proposed 2020 operating budget includes in the base budget a staff initiative for
one FTE as a program change. This program change is summarized below in Table 2.
Table 2 – Summary of Proposed Water and Wastewater Program Change
Division FTE Item Net
Amount
Details
Wastewater
Operations
1 Biosolids Operator $7.1 K Compensation cost mostly offset by
savings in sludge collection of $73K;
currently there is only 1 employee at
each facility; having a backup will
enable processing to continue if
existing staff is not available.
Total 9 $7.1 K
Reserve Management - Capital/Infrastructure
Council provided budget planning direction of 2% for base services in accordance with
core CPI. Staff have prepared the base budget in accordance with this planning
direction but are making a specific request for enhanced financing for 2020 to align with
the SDWA financial plan. As per the Council approved SDWA Financial Plan, staff
presented a 5.15% increase for water and wastewater infrastructure within CSD 40 -
2019 – 2020 Budget Planning.
In 2017, Council approved a comprehensive Asset Management Plan (AMP). The
detailed information available in the AMP was utilized in the 2020 capital budget
preparation. The consultant reviewed the 10 year budget and established that even if
the entire available capital dollars were applied against the replacement and
rehabilitation of existing assets the Region’s annual funding gap would be $77M (10
7.0 7.0 7.3 8.0
9.4
10.4 10.4
9.3
7.5 7.6 7.9
8.9 8.9 8.4 8.3
-
2.0
4.0
6.0
8.0
10.0
12.0
2013 2014 2015 2016 2017 2018 2019*2020
W/WW Electricity Budget vs. Actual Trend
Budget Actual*2019 Actuals are Jan-Jun Actuals & Jul-Dec Q2
Forecast
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year Average Annual Renewal investment - AARI). This annual investment would
address the average 10 year requirement and backlog as of December 2016.
During 2018, Regional Council reviewed and approved the Safe Water Drinking Act
(SDWA) Financial Plan which identified increasing capital financing as an urgent need
in order to address the current infrastructure gap. At that time Council approved in
principle a combined annual 5.15% increase for water and wastewater. For 2019, this
3.15% increase for capital resulted in an additional combined water and wastewater
transfer from operating to capital of $3M. If approved for 2020, a similar amount would
be allocated to the capital financing.
As presented within the financial strategy, staff proposed as a guiding principle that a
minimum reserve balance of 2% of the current asset value be maintained. The dotted
lines on the chart below illustrate the 2% target compared against the forecasted
reserve balance for each year. Without the additional 3.15% annual contribution
towards capital, both the water and wastewater reserve are fully committed through the
end of the forecast period and the capital financing does not adequately address the
capital infrastructure needs for the future.
Chart 2 – Forecasted Water and Wastewater Capital Reserve Balances
Water Requisition
Fixed Water Requisition
As per Council’s approved methodology, $11,480,239 (25%) of the net Water budget
will be recovered from fixed monthly requisitions to the local municipalities based on
historical flows. The historical water flows and percentages utilized are included in
Appendix 1 and 2. This annual amount based on the historical flows is then divided by
$-
$20
$40
$60
$80
$100
201620172018201920202021202220232024202520262027202820292030Water Wastewater$ MillionTarget
Balance
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12 to determine the monthly charge to be billed to each of the services LAMs starting
January 1, 2020. Also included as part of Appendix 1 is the annual impact on the fixed
water requisition amount between 2019 and 2020 for each LAM. Table 3 summarizes
the fixed amounts to be billed to each LAM based on the above methodology.
Table 3 – Fixed Water Requisition for 2020 Net Budget
Fixed Water Requisition for 2020 Net Budget
Municipality 3-Year
Avg. (%)
Allocation
($)
Monthly
($)
Fort Erie 7.84% $899,645 $74,970
Grimsby 5.30% $608,082 $50,674
Lincoln 3.94% $452,771 $37,731
Niagara Falls 26.23% $3,011,163 $250,930
Niagara-on-the-Lake 5.43% $623,711 $51,976
Pelham 2.06% $236,558 $19,713
Port Colborne 5.31% $610,016 $50,835
St. Catharines 26.51% $3,042,931 $253,578
Thorold 3.72% $427,215 $35,601
Welland 12.13% $1,392,536 $116,045
West Lincoln 1.53% $175,609 $14,634
Total 100.00% $11,480,239 $956,687
Variable Water Rate
The remaining $34,440,718 (75%) will be charged through the variable water rates.
Staff is recommending that the variable rate be set at $0.602 per cubic metre as
outlined in Table 4 using a water forecast based on the average flow volumes that have
been realized over the past three years. For 2020, staff are projecting water flows to be
consistent with the amount estimated for the 2019 budget. An overview of the water
trends and related risk is outlined in more detail in Appendix 2. The proposed variable
water rate is increased by $0.004 (0.67%) for base and $0.018 (3.05%) for capital for a
total of $0.602 (2019 = $0.580) which is attributed to budget increases with no projected
change in water flows. Despite above average growth for the Region in recent years the
flow estimates are still volatile and are dependent on weather conditions for the year.
Staff are projecting that the 2019 estimated flows will not be achieved by year end. By
maintaining the flow forecast it will assist in mitigating the risks associated with the
volatility in weather conditions (particularly wet weather conditions).
Table 4 – Variable Water Rate for 2020 Net Budget
2020 Variable Water Rate
Variable Allocation
(75% x $45,920,957) $34,440,718
2020 Water Flow Forecast (m3) 57,250,000
Variable Rate ($/m3) $0.602
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Wastewater Requisition
100% of the net wastewater requisition will be recovered from fixed monthly requisitions
to the local municipalities. The historical wastewater flows and percentages utilized are
included in Appendix 3. This annual amount based on the historical flows is then
divided by 12 to determine the monthly charge to be billed to each of the services Local
Area Municipalities starting January 1, 2020. Also included as part of Appendix 3 is the
annual impact of the fixed wastewater requisition amount between 2019 and 2020 for
each LAM. Table 5 summarizes the fixed amounts to be billed to each LAM based on
the above methodology.
Table 5 – Fixed wastewater Requisition for 2020 Net Budget
Fixed Wastewater Requisition for 2020 Net Budget
Municipality 3-Year
Avg. (%)
Allocation
($)
Monthly
($)
Fort Erie 10.44% $8,043,911 $670,326
Grimsby 4.86% $3,740,290 $311,691
Lincoln 3.83% $2,948,685 $245,724
Niagara Falls 19.62% $15,113,526 $1,259,460
Niagara-on-the-Lake 4.14% $3,185,401 $265,450
Pelham 1.79% $1,379,048 $114,921
Port Colborne 5.90% $4,544,117 $378,676
St. Catharines 28.45% $21,916,001 $1,826,333
Thorold 5.06% $3,899,808 $324,984
Welland 14.30% $11,012,336 $917,695
West Lincoln 1.61% $1,237,572 $103,131
Total 100.00% $77,020,694 $6,418,391
As per Council’s approved cost recovery methodology, the 2020 monthly Wastewater
charges will include reconciliation of the 2018 Wastewater requisition payments.
Municipal 2018 rebates or charges will be based on their respective share of actual
flows versus the estimated share used to initially allocate the 2018 charges. This
reconciliation results in a total of $1,176,562 in payments to, and $1,176,562 in rebates
from, the local municipalities. Tables outlining the calculation of the reconciliation have
been included as Appendix 4, and the total charge including the 2020 requisition and
2018 reconciliation by local municipality has been included as Appendix 5.
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Table 6 – Wastewater Reconciliation for 2018 included in 2020 Requisition
Wastewater Reconciliation (2018)
Municipality Reconciliation
($)
Monthly
Rebate ($)
Monthly
Payment ($)
Fort Erie (189,542) (15,795)
Grimsby 72,923 6,077
Lincoln 23,238 1,937
Niagara Falls (711,135) (59,261)
Niagara-on-the-Lake 114,819 9,568
Pelham (83,549) (6,962)
Port Colborne 159,962 13,330
St. Catharines 448,367 37,364
Thorold 300,668 25,056
Welland (192,335) (16,028)
West Lincoln 56,585 4,715
Total (0) (98,047) 98,047
Risks
Water revenue is weather dependant and therefore subject to fluctuation s that
are outside the Region’s control.
Wastewater costs can also be weather dependent and therefore subject to
fluctuations that are outside the Region’s control.
Unanticipated equipment and underground infrastructure failure which may
impact operating expenditures.
Unanticipated new provincial standards that may create operational pressures.
Limited operational financial flexibility until the budget fully addresses the asset
management plan/SDWA and may create further pressure on the already
forecasted decline in reserves.
Additional capital expenditures may be required as a result of Ontario Power
Generation’s operational and maintenance activities with respect to the Hydro
Power Canal closure.
Alternatives Reviewed
1. Council may elect to not approve the enhanced capital financing as presented
representing an increase of 3.15% over 2019. This alternative is NOT
RECOMMENDED. This alternative would limit the increase in the requisition from
2019 to 2020 to 2.00% which is within Council’s approved budget directions. This
alternative would not provide the requisite capital financing needed to support
future capital expenditures as identified within the SDWA Financial Plan as
approved by Council.
2. If Council approves the 3.15% or $3.68 million to enhance capital financing, staff
RECOMMEND that $479,990 be allocated to debt servicing, $550,000 allocated
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to reserve funding with the remaining $2,652,948 as a contribution to the reserve
for capital project utilization in 2021 or future, to support an amendment to the
2020 Capital budget to address previously deferred projects as follows:
Dain City Station Forcemain Replacement ($550k) – Reserve Financed
Thundering Waters Sanitary Trunk Sewer Rehab ($8.3M) – Debt Financed
The Niagara Falls WWTP Secondary Treatment Upgrade ($58M) which was also
deferred is not recommended to be added back to 2020 as WW W staff have
indicated that the Ministry of Environment , Conservation and Parks (MECP) has
granted an extension on the project which will enable time to obtain necessary
approvals and complete detailed design.
The Port Dalhousie WWTP Upgrade ($14M) which was also deferred is not
recommended to be added back to 2020 as WWW staff have indicated that a
phased approach for this project is more appropriate due to the limited space to
accommodate contractors on site, as such phase 2 should remain in 2021.
Relationship to Council Strategic Priorities
The 2020 Water and Wastewater proposed budgets support Council’s strategic
priorities of organizational excellence, by meeting or exceeding legislative requirements
and having 41% of the total program costs related to infrastructure renewal and
replacement.
Other Pertinent Reports
CSD 21-2017 Asset Management Plan
PDS 37-2016 Niagara 2041 Growth Strategy – Local Municipal Growth Allocations
PW 22-2017 2016 Water & Wastewater Master Servicing Plan Update
PW 5-2019 Safe Drinking Water Act Financial Plan
________________________________
Prepared by:
Helen Chamberlain, CPA, CA
Director, Financial Management &
Planning/Deputy Treasurer
________________________________
Recommended by:
Todd Harrison, CPA, CMA
Commissioner/Treasurer
Enterprise Resource Management
Services
________________________________
Submitted by:
Ron Tripp, P.Eng.
Acting, Chief Administrative Officer
Page 310 of 377
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This report was prepared by Rob Fleming, Senior Tax & Revenue Analyst, in consultation with
Pamela Hamilton, Program Financial Specialist and Reviewed by Margaret Murphy, Associate
Director, Budget Planning & Strategy, and Catherine Habermebl, Acting Commissioner, Public
Works.
Appendices
Appendix 1 Water Flows and Fixed Water Requisition by Local Area Municipality
Appendix 2 Water Volume Analysis
Appendix 3 Wastewater Flows and Fixed Wastewater Requisition by Local Area
Municipality
Appendix 4 2017 By-law Wastewater Reconciliation
Appendix 5 Fixed Wastewater Requisition including Reconciliation by Local Area
Municipality
Appendix 6 Water and Wastewater Schedule of Revenues and Expenditures by
Object of Expenditure
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Appendix 1
November 28, 2019
Table 1 - Water Flows by Municipality
Megalitres % Megalitres %
Fort Erie 4,686 8.06% 4,478 7.84%
Grimsby 3,258 5.60% 3,027 5.30%
Lincoln 2,315 3.98% 2,254 3.94%
Niagara Falls 15,424 26.53% 14,989 26.23%
Niagara-on-the-Lake 3,147 5.41% 3,105 5.43%
Pelham 1,266 2.18% 1,178 2.06%
Port Colborne 3,093 5.32% 3,037 5.31%
St. Catharines 15,350 26.41% 15,148 26.51%
Thorold 2,076 3.57% 2,127 3.72%
Welland 6,653 11.45% 6,932 12.13%
West Lincoln 862 1.48% 874 1.53%
Total 58,130 100% 57,148 100%
Table 2 - Fixed Water Requsition by Municipality
$000s %
Fort Erie 892 900 8 0.91%
Grimsby 620 608 (12) -1.89%
Lincoln 440 453 12 2.80%
Niagara Falls 2,935 3,011 77 2.61%
Niagara-on-the-Lake 599 624 25 4.16%
Pelham 241 237 (4) -1.81%
Port Colborne 588 610 22 3.66%
St. Catharines 2,920 3,043 123 4.19%
Thorold 395 427 32 8.14%
Welland 1,266 1,393 127 10.02%
West Lincoln 164 176 12 7.12%
Total 11,060 11,480 421 3.80%
Difference
Appendix 1 - Water Flows and Fixed Water Requsition by Local Area
Municipality
Municipality
3-Year Avg. per 2019
By-law
3-Year Avg. per 2020
By-law
Municipality
Fixed Requisition
2019
($000)
2020
($000)
Page 312 of 377
CSD 71-2019
Appendix 2
November , 2019
Appendix 2 - Water Volume Analysis
The 2019 actual flows are estimate to finish the year approximately 1.82% lower than project
flows. The forecasted water usage in 2019 is estimated to total to 56,210 ML.
The water volume forecast for 2020 has been prepared giving consideration to historical trends
and input received from some local area municipalities.
The volume forecast for 2020 is above the 3-year calendar average of 57,229 ML and below the
5-year average of 57,622 ML. This includes 2015 and 2018 which were more typical summer
weather years. 2016 experienced drought conditions during the summer. 2017 and 2019
experienced very wet summers. The 2020 estimate reflects no change over previous year's
projections as a result of not meeting expected forecast for 2019.
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Projected Flows for Rate Setting 58,209 59,028 59,067 59,067 58,613 57,000 57,000 57,000 57,250 57,250
Actual Flows 59,352 60,486 56,896 56,474 57,622 58,800 56,986 58,491 56,210
54,000
55,000
56,000
57,000
58,000
59,000
60,000
61,000
Cubic Metres (000's)Page 313 of 377
CSD 71-2019
Appendix 3
November 28, 2019
Table 1 - Wastewater Flows by Municipality
Megalitres % Megalitres %
Fort Erie 7,348 10.45% 7,931 10.44%
Grimsby 3,216 4.57% 3,688 4.86%
Lincoln 2,745 3.90% 2,907 3.83%
Niagara Falls 14,247 20.26% 14,901 19.62%
Niagara-on-the-Lake 2,864 4.07% 3,141 4.14%
Pelham 1,309 1.86% 1,360 1.79%
Port Colborne 3,944 5.61% 4,480 5.90%
St. Catharines 20,064 28.54% 21,608 28.45%
Thorold 3,420 4.86% 3,845 5.06%
Welland 10,025 14.26% 10,858 14.30%
West Lincoln 1,125 1.60% 1,220 1.61%
Total 70,306 100% 75,938 100%
Tables 2 - Fixed Wastewater Requsition by Municipality
$000s %
Fort Erie 7,596 8,044 448 5.90%
Grimsby 3,324 3,740 416 12.52%
Lincoln 2,837 2,949 112 3.94%
Niagara Falls 14,728 15,114 386 2.62%
Niagara-on-the-Lake 2,961 3,185 224 7.58%
Pelham 1,354 1,379 25 1.85%
Port Colborne 4,077 4,544 467 11.46%
St. Catharines 20,741 21,916 1,175 5.67%
Thorold 3,536 3,900 364 10.29%
Welland 10,363 11,012 649 6.27%
West Lincoln 1,163 1,238 75 6.41%
Total 72,680 77,021 4,341 5.97%
Municipality
3-Year Avg. per 2019
By-law
3-Year Avg. per 2020
By-law
Appendix 3 - Wastewater Flows and Fixed Requisitoin By Local Area
Municipality
Municipality
Fixed Requisition
2019
($000)
2020
($000)
Difference
Page 314 of 377
CSD 71-2019
Appendix 4
November 28, 2019
Municipality Pior 3-Yr Avg 2018 By-Law Period
Actual Flows1
Fort Erie 7,159 7,737
Grimsby 3,143 3,571
Lincoln 2,575 2,885
Niagara Falls 14,018 14,770
Niagara-on-the-Lake 2,655 3,076
Pelham 1,299 1,349
Port Colborne 3,934 4,547
St. Catharines 19,583 22,246
Thorold 3,183 3,870
Welland 9,951 10,835
West Lincoln 1,072 1,254
Total 68,571 76,140
Municipality Pior 3-Yr Avg
2018 By-Law Period
Actual Flows1 Difference
Fort Erie 10.4% 10.2% -0.3%
Grimsby 4.6% 4.7% 0.1%
Lincoln 3.8% 3.8% 0.0%
Niagara Falls 20.4% 19.4% -1.0%
Niagara-on-the-Lake 3.9% 4.0% 0.2%
Pelham 1.9% 1.8% -0.1%
Port Colborne 5.7% 6.0% 0.2%
St. Catharines 28.6% 29.2% 0.7%
Thorold 4.6% 5.1% 0.4%
Welland 14.5% 14.2% -0.3%
West Lincoln 1.6% 1.6% 0.1%
Total 100.0%100.0%0.0%
Municipality 2018 By-Law
Charges1,2
Charges Based on
Actual Flows1
Underpayment/
(Overpayment)3
Fort Erie 7,114$ 6,925$ (190)$
Grimsby 3,123 3,196$ 73
Lincoln 2,559 2,582$ 23
Niagara Falls 13,930 13,219$ (711)
Niagara-on-the-Lake 2,639 2,753$ 115
Pelham 1,291 1,207$ (84)
Port Colborne 3,910 4,070$ 160
St. Catharines 19,462 19,910$ 448
Thorold 3,163 3,464$ 301
Welland 9,890 9,697$ (192)
West Lincoln 1,066 1,122$ 57
Total 68,146$ 68,146$ 0$
Sum of Overpayment: (1,177)
Percentage of Requisition 1.73%
Notes:
Appendix 4 - 2018 By-law Wastewater Reconciliation
2. Charges paid excluded payments made/rebates received for 2017 reconciliation.
3. Underpayments/(Overpayments) based on comparing 2 difference allocation methodologies
(3-yr average vs. actual flows during By-law period).
Wastewater Flows (Mega Litres)
Wastewater Fixed Allocation Percentages
Wastewater Fixed Allocation charge ($000)
1. 2018 By-Law period consists of the 12 month period from January 2018 to December 2018
Page 315 of 377
CSD 71-2019
Appendix 5
November 28, 2019
2019
By-Law
2020
By-Law
2019
(2017 Rec.)
2020
(2018 Rec.)
2019
By-Law
2020
By-Law
($000) ($000) ($000) ($000) ($000) ($000) ($000) %
Fort Erie 7,596 8,044 328 (190) 7,924 7,854 (70) -0.88%
Grimsby 3,324 3,740 165 73 3,489 3,813 324 9.29%
Lincoln 2,837 2,949 231 23 3,068 2,972 (96) -3.13%
Niagara Falls 14,728 15,114 805 (711) 15,532 14,402 (1,130) -7.28%
Niagara-on-the-Lake 2,961 3,185 338 115 3,299 3,300 1 0.04%
Pelham 1,354 1,379 (65) (84) 1,289 1,295 7 0.54%
Port Colborne 4,077 4,544 (181) 160 3,896 4,704 808 20.75%
St. Catharines 20,741 21,916 (1,427) 448 19,314 22,364 3,050 15.79%
Thorold 3,536 3,900 179 301 3,715 4,200 486 13.08%
Welland 10,363 11,012 (404) (192) 9,960 10,820 860 8.64%
West Lincoln 1,163 1,238 32 57 1,195 1,294 99 8.32%
Total 72,680 77,021 - - 72,680 77,021 4,341 5.97%
Municipality
Appendix 5 - Fixed Wastewater Requisition Including Reconciliation by Municipality Comparison
Requisition Reconciliation Payment
/ (Refund)
Total Charge
(Requisition + Reconciliation)
Difference
Page 316 of 377
Schedule of Expenditures and Revenues w Q2
DeptID: D_67000B Water & Wastewater Services
Fiscal Year: 2020
D_67000B
2018 2019 2020
Actual Q2 Forecast Budget Budget
Total Total Total Base Services Base Variance Base Variance %
Total Program
Changes Total Total Variance Total Variance %
A_40000AB Compensation 22,214,973 23,254,127 23,739,732 24,852,445 1,112,713 4.7%- 24,852,445 1,112,713 4.7%
A_41000AB Administrative 1,966,527 2,312,550 2,017,200 3,432,915 1,415,715 70.2%- 3,432,915 1,415,715 70.2%
A_44000AB Operational & Supply 12,679,974 12,903,298 12,709,326 13,166,433 457,108 3.6%- 13,166,433 457,108 3.6%
A_50000AB Occupancy & Infrastructure 16,059,319 18,134,584 17,950,464 17,699,503 (250,961)(1.4%)- 17,699,503 (250,961)(1.4%)
A_52000AB Equipment, Vehicles,Technology 6,164,859 6,661,316 6,142,880 6,588,120 445,240 7.2%- 6,588,120 445,240 7.3%
A_54000AB Community Assistance 153 965 --- ---- -
A_56000AB Partnership, Rebate, Exemption 2,450,015 18,198,031 4,015,000 4,010,000 (5,000)(0.1%)- 4,010,000 (5,000)(0.1%)
A_58000AB Financial Expenditures 9,053 31,302 --- ---- -
A_75100AC Transfers To Funds 40,018,792 37,037,556 37,037,556 37,065,780 28,224 0.1% 3,682,938 40,748,718 3,711,162 10.0%
A_60000AC Allocation Between Departments 1,753,677 1,743,136 1,823,753 1,777,083 (46,669)(2.6%)- 1,777,083 (46,669)(2.6%)
A_60260AC Allocation Within Departments -0 0 -0 ---0 -
Gross Expenditure Subtotal 103,317,341 120,276,865 105,435,911 108,592,279 3,156,368 3.0% 3,682,938 112,275,217 6,839,306 6.5%
A_30000AB Taxation (112,013,218) (116,315,656) (116,918,658) (119,146,062) (2,227,403)1.9% (3,795,589) (122,941,651) (6,022,993)5.2%
A_32400AB By-Law Charges & Sales (1,260,444) (1,488,933) (1,358,200) (1,421,278) (63,078)4.6%- (1,421,278) (63,078)4.6%
A_34950AB Other Revenue (1,275,273) (7,293,962) (2,481,106) (3,161,957) (680,851)27.4%- (3,161,957) (680,851)27.4%
A_75000AC Transfers From Funds (3,863,227) (9,658,836)-(500,000) (500,000) -- (500,000) (500,000) -
Gross Revenue Subtotal (118,412,163) (134,757,387) (120,757,964) (124,229,297) (3,471,333)2.9% (3,795,589) (128,024,886) (7,266,922)6.0%
Net Expenditure (revenue) before indirect allocations (15,094,821) (14,480,522) (15,322,053) (15,637,017) (314,964)2.1% (112,651) (15,749,669) (427,616)2.8%
A_70000AC Indirect Allocation 3,602,252 4,254,855 4,366,304 4,709,867 343,564 7.9%112,651 4,822,519 456,215 10.5%
A_70200AC Capital Financing Allocation 9,413,115 10,963,017 10,955,749 10,927,150 (28,600)(0.3%)- 10,927,150 (28,600)(0.3%)
Allocation Subtotal 13,015,368 15,217,872 15,322,053 15,637,017 314,964 2.1%112,651 15,749,669 427,616 2.8%
Net Expenditure (revenue) after indirect allocations (2,079,454)737,350 0 -0 ---0 -
FTE - Reg 261.6 262.6 1.0 -262.6 1.0
FTE - Temp 4.5 7.0 2.5 -7.0 2.5
CSD 71-2019
Appendix 6
November 28, 2019
Page 317 of 377
Schedule of Expenditures and Revenues w Q2
DeptID: D_67000C Water Operations
Fiscal Year: 2020
D_67000C
2018 2019 2020
Actual Q2 Forecast Budget Budget
Total Total Total Base Services Base Variance Base Variance %
Total Program
Changes Total Total Variance Total Variance %
A_40000AB Compensation 7,120,433 7,570,603 7,810,164 7,954,489 144,325 1.8%- 7,954,489 144,325 1.9%
A_41000AB Administrative 690,749 862,265 770,733 594,726 (176,007)(22.8%)-594,726 (176,007)(22.8%)
A_44000AB Operational & Supply 1,887,750 1,931,846 1,719,988 1,759,425 39,437 2.3%- 1,759,425 39,437 2.3%
A_50000AB Occupancy & Infrastructure 5,064,546 5,283,782 6,125,436 5,639,309 (486,127)(7.9%)- 5,639,309 (486,127)(7.9%)
A_52000AB Equipment, Vehicles,Technology 933,836 1,059,384 1,014,655 1,175,515 160,860 15.9%- 1,175,515 160,860 15.9%
A_56000AB Partnership, Rebate, Exemption 10,000 (13,750)15,000 10,000 (5,000)(33.3%)-10,000 (5,000)(33.3%)
A_58000AB Financial Expenditures 168 326 --- ---- -
A_75100AC Transfers To Funds 18,414,458 18,425,078 18,425,078 18,435,757 10,679 0.1% 1,350,459 19,786,216 1,361,138 7.4%
A_60000AC Allocation Between Departments 594,720 595,713 605,396 629,912 24,516 4.0%-629,912 24,516 4.1%
A_60260AC Allocation Within Departments 3,986,249 3,836,537 3,842,500 4,164,914 322,414 8.4%- 4,164,914 322,414 8.4%
Gross Expenditure Subtotal 38,702,909 39,551,784 40,328,950 40,364,047 35,097 0.1% 1,350,459 41,714,506 1,385,556 3.4%
A_30000AB Taxation (43,867,547) (43,635,898) (44,238,899) (44,518,840) (279,940)0.6% (1,402,117) (45,920,957) (1,682,057)3.8%
A_32400AB By-Law Charges & Sales (11,943)(10,649)(5,000)(12,000)(7,000)140.0%- (12,000)(7,000)140.0%
A_34950AB Other Revenue (512,580)(513,441) (408,615)(367,663)40,952 (10.0%)- (367,663)40,952 (10.0%)
A_75000AC Transfers From Funds (29,108)---- ---- -
Gross Revenue Subtotal (44,421,178) (44,159,988) (44,652,514) (44,898,503) (245,988)0.6% (1,402,117) (46,300,620) (1,648,105)3.7%
Net Expenditure (revenue) before indirect allocations (5,718,269) (4,608,204) (4,323,564) (4,534,456) (210,891)4.9% (51,658) (4,586,114) (262,550)6.1%
A_70000AC Indirect Allocation 1,220,919 1,523,527 1,674,950 1,890,908 215,957 12.9%51,658 1,942,566 267,616 16.0%
A_70200AC Capital Financing Allocation 2,047,974 2,637,521 2,648,614 2,643,548 (5,066)(0.2%)- 2,643,548 (5,066)(0.2%)
Allocation Subtotal 3,268,893 4,161,048 4,323,564 4,534,456 210,892 4.9%51,658 4,586,114 262,550 6.1%
Net Expenditure (revenue) after indirect allocations (2,449,376)(447,156)0 -0 ---0 -
FTE - Reg 82.0 81.0 (1.0)-81.0 (1.0)
FTE - Temp 2.0 2.0 --2.0 -
CSD 71-2019
Appendix 6
November 28, 2019
Page 318 of 377
Schedule of Expenditures and Revenues w Q2
DeptID: D_68000C Wastewater Operations
Fiscal Year: 2020
D_68000C
2018 2019 2020
Actual Q2 Forecast Budget Budget
Total Total Total Base Services Base Variance Base Variance %
Total Program
Changes Total Total Variance Total Variance %
A_40000AB Compensation 9,637,596 10,112,827 10,324,944 10,773,458 448,514 4.3%- 10,773,458 448,514 4.3%
A_41000AB Administrative 824,074 936,355 934,994 742,955 (192,039)(20.5%)-742,955 (192,039)(20.5%)
A_44000AB Operational & Supply 10,512,270 10,617,090 10,386,744 10,854,079 467,335 4.5%- 10,854,079 467,335 4.5%
A_50000AB Occupancy & Infrastructure 10,307,189 12,201,423 11,470,028 11,340,226 (129,802)(1.1%)- 11,340,226 (129,802)(1.1%)
A_52000AB Equipment, Vehicles,Technology 3,019,774 3,569,019 3,088,313 3,301,033 212,720 6.9%- 3,301,033 212,720 6.9%
A_54000AB Community Assistance 153 965 --- ---- -
A_56000AB Partnership, Rebate, Exemption 2,440,015 18,211,781 4,000,000 4,000,000 - -- 4,000,000 - -
A_58000AB Financial Expenditures 827 331 --- ---- -
A_75100AC Transfers To Funds 21,604,334 18,612,478 18,612,478 18,630,023 17,545 0.1% 2,332,479 20,962,502 2,350,024 12.6%
A_60000AC Allocation Between Departments 854,035 865,676 893,415 862,801 (30,613)(3.4%)-862,801 (30,613)(3.4%)
A_60260AC Allocation Within Departments 5,864,550 5,608,971 5,396,046 6,503,657 1,107,611 20.5%- 6,503,657 1,107,611 20.5%
Gross Expenditure Subtotal 65,064,815 80,736,917 65,106,961 67,008,233 1,901,272 2.9% 2,332,479 69,340,712 4,233,751 6.5%
A_30000AB Taxation (68,145,671) (72,679,758) (72,679,759) (74,627,222) (1,947,463)2.7% (2,393,472) (77,020,694) (4,340,936)6.0%
A_32400AB By-Law Charges & Sales (1,244,048) (1,475,126) (1,353,200) (1,409,278) (56,078)4.1%- (1,409,278) (56,078)4.1%
A_34950AB Other Revenue (761,455) (6,780,521) (2,072,491) (2,074,294)(1,803)0.1%- (2,074,294)(1,803)0.1%
A_75000AC Transfers From Funds (3,834,119) (9,658,836)--- ---- -
Gross Revenue Subtotal (73,985,294) (90,594,241) (76,105,450) (78,110,794) (2,005,344)2.6% (2,393,472) (80,504,266) (4,398,817)5.8%
Net Expenditure (revenue) before indirect allocations (8,920,478) (9,857,325) (10,998,489) (11,102,561) (104,073)0.9% (60,993) (11,163,555) (165,066)1.5%
A_70000AC Indirect Allocation 1,971,987 2,301,818 2,691,354 2,818,960 127,606 4.7%60,993 2,879,953 188,599 7.0%
A_70200AC Capital Financing Allocation 7,318,414 8,288,210 8,307,135 8,283,602 (23,534)(0.3%)- 8,283,602 (23,534)(0.3%)
Allocation Subtotal 9,290,401 10,590,029 10,998,489 11,102,561 104,073 0.9%60,993 11,163,555 165,066 1.5%
Net Expenditure (revenue) after indirect allocations 369,923 732,704 --- ---- -
FTE - Reg 115.6 116.6 1.0 -116.6 1.0
FTE - Temp 0.5 -(0.5)--(0.5)
CSD 71-2019
Appendix 6
November 28, 2019
Page 319 of 377
Bill No. 2019-94 Authorization Reference: BRCOTW 9-2019
Minute item 5.1
Page 1 of 2
THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. 2019-94
A BY-LAW TO ADOPT THE 2020 WATER BUDGET AND
TO SET THE REQUISITION TO BE CHARGED FOR
WATER SUPPLIED TO LOWER-TIER MUNICIPALITIES
FOR THE PERIOD JANUARY 1, 2020 TO DECEMBER 31,
2020
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, provides that a
municipality may pass by-laws respecting services and things that the municipality is
authorized to provide;
WHEREAS section 390 of the Municipal Act, 2001, S.O. 2001, c.25, provides that the
definition of a person includes a municipality;
WHEREAS section 391 of the Municipal Act, 2001, S.O. 2001, c.25, provides that a
municipality is authorized to impose fees or charges on person for costs payable by it for
services or activities provided or done by or on behalf of any other municipality; and
WHEREAS water supplied to the lower-tier municipalities is a service provided by the
Regional Municipality of Niagara on behalf of the lower-tier municipalities within the
Niagara Region.
NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as
follows:
1.That the 2020 Water Gross Operating Budget of $46,300,620 and Net Operating
Budget of $45,920,957 be and hereby is adopted.
2.That 75% of the Net Operating Budget, $34,440,718 be recovered from the lower-
tier municipalities based on actual metered water flows multiplied by the Region’s
annually set uniform water rate.
3.That the rate payable by the lower-tier municipalities for treated water supplied by
the Regional Waterworks system shall be established at $0.602 for every cubic
meter supplied to each lower-tier municipality for the period of January 1, 2020 to
December 31, 2020.
4.That 25% of the Net Operating Budget, $11,480,239 be apportioned to the lower-
tier municipalities based on their proportionate share of the Region’s total three
year average historical flows.
Page 320 of 377
Bill No. 2019-94 Authorization Reference: BRCOTW 9-2019
Minute item 5.1
Page 2 of 2
5.That the lower-tier municipalities be requisitioned during the period January 1,
2020 to December 31, 2020 as follows:
Fixed Water Requisition for 2020 Net Budget
Municipality 3-Year
Avg. (%)
Allocation
($)
Monthly
($)
Fort Erie 7.84% $899,645 $74,970
Grimsby 5.30% $608,082 $50,674
Lincoln 3.94% $452,771 $37,731
Niagara Falls 26.23% $3,011,163 $250,930
Niagara-on-the-Lake 5.43% $623,711 $51,976
Pelham 2.06% $236,558 $19,713
Port Colborne 5.31% $610,016 $50,835
St. Catharines 26.51% $3,042,931 $253,578
Thorold 3.72% $427,215 $35,601
Welland 12.13% $1,392,536 $116,045
West Lincoln 1.53% $175,609 $14,634
Total 100.00% $11,480,239 $956,687
6.That the Treasurer of the Regional Corporation shall submit similar invoices on or
before the 15th day of each month commencing February 15, 2020 for the monthly
requisition. Such monthly invoices shall continue thereafter until the December
monthly requisition has been invoiced. Each lower-tier municipality shall remit the
amount of each such invoices to the Treasurer of the Regional Corporation on or
before the last business date of the month in which such invoice is submitted.
7.That in the event of default of payment of any monies payable under this by-law
by a lower-tier municipality, interest at the rate of 15 per cent per annum shall be
added to the amount in arrears from the date of default until the date of payment
thereof.
8.That this by-law shall come into force and effect on January 1, 2020.
THE REGIONAL MUNICIPALITY OF NIAGARA
James Bradley, Regional Chair
Ann-Marie Norio, Regional Clerk
Passed: December 12, 2019
Page 321 of 377
Bill No. 2019-95 Authorization Reference: BRCOTW 9-2019
Minute Item 5.1
Page 1 of 2
THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. 2019-95
A BY-LAW TO ADOPT THE 2020 WASTEWATER BUDGET
AND SET THE REQUISITIONS TO BE CHARGED FOR
WASTEWATER RECEIVED FROM THE LOWER-TIER
MUNICIPALITIES FOR THE PERIOD JANUARY 1, 2020 TO
DECEMBER 31, 2020
WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c.25, provides that a
municipality may pass by-laws respecting services and things that the municipality is
authorized to provide;
WHEREAS section 390 of the Municipal Act, 2001, S.O. 2001, c.25, provides that the
definition of a person includes a municipality;
WHEREAS section 391 of the Municipal Act, 2001, S.O. 2001, c.25, provides that a
municipality is authorized to impose fees or charges on person for costs payable by it for
services or activities provided or done by or on behalf of any other municipality,
WHEREAS wastewater received from the lower-tier municipalities is a service provided
by the Regional Municipality of Niagara on behalf of the lower-tier municipalities within
the Niagara Region; and
WHEREAS the Council of the Regional Municipality of Niagara passed By-Law No. 119-
2011 which indicated that, consistent with the wastewater reconciliation methodology
described in PWA 87-2011, a reconciliation adjustment will commence with the 2013
Budget.
NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as
follows:
1.That the 2020 Wastewater Gross Operating Budget of $80,504,266 and Net
Operating Budget of $77,020,694 be and hereby is adopted.
2.That the 2020 budgeted net wastewater operating budget be apportioned to the
lower-tier municipalities based on their proportionate share of the Region’s total
three year average historical wastewater flows.
3.That the 2020 wastewater bills also include reconciliation of the 2018 net
requisition allocated based on actual wastewater flows versus the estimated flows.
Page 322 of 377
Bill No. 2019-95 Authorization Reference: BRCOTW 9-2019
Minute Item 5.1
Page 2 of 2
4.That the lower-tier municipalities be requisitioned during the period January 1,
2020 to December 31, 2020 as follows:
Wastewater Requisition (2020 Net budget & 2018 Reconciliation)
Municipality
2020 Net
Budget
Allocation
($)
2018
Reconciliation
($)
Total
($)
Monthly
($)
Fort Erie 8,043,911 (189,542) 7,854,369 654,531
Grimsby 3,740,290 72,923 3,813,213 317,768
Lincoln 2,948,685 23,238 2,971,924 247,660
Niagara Falls 15,113,526 (711,135) 14,402,391 1,200,199
Niagara-on-the-Lake 3,185,401 114,819 3,300,220 275,018
Pelham 1,379,048 (83,549) 1,295,498 107,958
Port Colborne 4,544,117 159,962 4,704,079 392,007
St. Catharines 21,916,001 448,367 22,364,368 1,863,697
Thorold 3,899,808 300,668 4,200,476 350,040
Welland 11,012,336 (192,335) 10,820,001 901,667
West Lincoln 1,237,572 56,585 1,294,157 107,846
Total 77,020,694 - 77,020,694 6,418,391
5.That the Treasurer of the Regional Corporation shall submit similar invoices on or
before the 15th day of each month commencing February 15, 2020 for the monthly
requisition. Such monthly invoices shall continue thereafter until December
monthly requisition has been invoiced. Each lower-tier municipality shall remit the
amount on each such invoice to the Treasurer of the Regional Corporation on or
before the last business day of the month in which such invoice is submitted.
6.That in the event of default of payment of any monies payable under this by-law
by the lower-tier municipality, interest at the rate of 15 per cent per annum shall be
added to the amount in arrears from the date of default until the date of payment
thereof.
7.That this by-law shall come into force and effect on January 1, 2020
THE REGIONAL MUNICIPALITY OF NIAGARA
James Bradley, Regional Chair
Ann-Marie Norio, Regional Clerk
Passed: December 12, 2019
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Administration
Office of the Regional Clerk
1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7
Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977
www.niagararegion.ca
January 10, 2020
CL 23-2019, December 12, 2019
BRCOTW 9-2019, November 28, 2019
CSD 70-2019 REVISED, November 28, 2019
LOCAL AREA MUNICIPALITIES
SENT ELECTRONICALLY
2020 Budget – Waste Management Services Operating Budget and Requisition
CSD 70-2019 REVISED
Regional Council, at its meeting held on December 12, 2019, approved the following
recommendations of the Budget Review Committee of the Whole:
That Report CSD 70-2019 REVISED, dated November 28, 2019,
respecting 2020 Budget – Waste Management Services Operating Budget
and Requisition, BE RECEIVED and the following recommendations BE
APPROVED:
1. That the net 2020 Waste Management Services operating base
budget increase of $75,657 or 0.2% plus $1,814,083 or 5.13% for
the new curbside collection contract net of stabilization reserve
funding BE APPROVED;
2. That an additional net increase of $1,603,551 or 4.5% for the
negative revenue pressures related to end market recyclables BE
APPROVED;
3. That the total 2020 gross Waste Management Services operating
budget of $57,225,193 and net budget amount of $38,821,604 as
per Appendix 1 of Report CSD 70-2019 REVISED as amended, BE
APPROVED with optional services;
4. That the net budget amount of $38,821,604 BE APPORTIONED
between the local municipalities in accordance with the
methodology approved in PWA 55-2011 as per Appendix 2 of
Report CSD 70-2019 REVISED as amended;
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January 10, 2020
Page 2
5. That the necessary by-laws BE PREPARED and PRESENTED to
Council for consideration; and
6. That a copy of Report CSD 70-2019 BE CIRCULATED to the Local
Area Municipalities (LAMs) for information.
A copy of Report CSD 70-2019 REVISED and By-law No. 2019-96 are enclosed for
your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
:cjp
CLK-C 2019-268
cc: H. Chamberlain, Director, Financial Management & Planning, Deputy Treasurer
T. Harrison, Commissioner, Corporate Services, Treasurer
M. Abraham, Executive Assistant, Corporate Services
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CSD 70-2019 - REVISED
November 28, 2019
Page 1
Subject: 2020 Budget-Waste Management Services Operating Budget and
Requisition
Report to: Budget Review Committee of the Whole
Report date: Thursday, November 28, 2019
Recommendations
1. That the net 2020 Waste Management Services operating base budget increase of
$75,657 or 0.2% plus $1,782,969 or 5.1% for the new curbside collection contract
net of stabilization reserve funding BE APPROVED;
2. That an additional net increase of $1,603,551 or 4.5% for the negative revenue
pressures related to end market recyclables BE APPROVED;
3. That the total 2020 gross Waste Management Services operating budget of
$57,279,626 $57,194,079 and net budget amount of $38,790,490 as per Appendix
1, BE APPROVED;
4. That the net budget amount of $38,790,490 BE APPORTIONED between the local
municipalities in accordance with the methodology approved in PWA 55-2011 as per
Appendix 2;
5. That the necessary by-laws BE PREPARED and PRESENTED to Council for
consideration; and
6. That a copy of this Report BE CIRCULATED to the Local Area Municipalities (LAM)
for information.
Key Facts
The proposed net 2020 Waste Management Services (WMS) operating base budget
before the new collection contract and negative revenue pressure is below Council’s
budget planning direction for 2020 of 2%.
The net budget including the impacts of the start of the new collection contract and
negative revenue pressures is proposed at an increase of $3,462,177 or 9.8% over
the approved 2019 net budget.
Staff are recommending a 9.8% increase each year for the next t hree years, which
includes significant use of the Waste Management Stabilization reserve funding over
this same time period to mitigate the pressure associated with the new collection
contract award; however, future years are subject to the availability of future year
reserves and approval of Council.
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The draft budget does not include any of the Optional Collection Services as
presented in PW 65-2019, with the exception of the delivery of roll-offs for special
events recycling, or Diversion Container Distribution Options, as they are not
recommended by staff.
The five-year average year-over-year net budget requisition change (2016 to 2020)
represents an average annual change of 1.83%.
Assessment growth in aggregate for the Niagara Region is projected to be 1.42% for
2019, resulting in the net requisition changes by local area municipality as
summarized in Appendix 2 ranging from an estimated increase of 5.69% to 14.52%
5.92% to 12.85% (total net requisition after growth estimate equals 8.38%).
The net requisition amount has been allocated in accordance with the methodology
approved in PWA 55-2011. The impacts by local area municipality is affected by the
budget increase as well as growth in households and the enhanced services (as
requested and selected by each LAM), and results in an increase/decrease for each
municipality, as per Appendix 3.
The municipal requisitions have been adjusted to reflect some further
amendments to negotiated prices for enhanced municipal services with the
offset being a benefit to the amount used from the reserve to mitigate the
overall budget increase.
Financial Considerations
Year over Year Budget Change
The gross budget proposed for 2020 totals $57.3 million $57.2 million with a net budget
of $38.8 million, which is $3.5 million or a 9.8% increase over 2019 as outlined in Table
1.
As shown below, net base expenditures have increased by 0.2% over 2019 excluding
the impacts of the new collection contract and negative end -market revenue pressures.
There are two main drivers of the additional annual increase, which includes decreased
net end market recycling revenue of approximately 4.5% or $1.6 million over the 2019
budget, and increased net collection contract costs of 5.1% or $1.8 million associated
with the new collection contract anticipated to start in October 2020, after stabilization
reserve funding to partially mitigate the increases.
The proposed 2020 program increases the permanent staff resources from 32.0 FTEs
to 34.0 FTEs through a business case that has been prepared to recommend that two
temporary FTEs (Collection & Diversion Advisors) be made permanent starting 2020 to
continue providing on-road collection contract support. The net impact of this change is
$0. The 2020 budget also proposes an increase in temporary staffing (1 FTE) and
student interns (1.8 FTEs) for a one-year period to support service level changes
anticipated under the new collection contract (discussed in detail under the Analysis
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section). The temporary staffing is to be funded from the stabilization reserve as a one-
time expenditure.
Table 1 – 2020 Waste Management Gross & Net Budget (‘000)
2019 2020 2021 2022
Total Operating Expenditures 48,431 50,707 59,047 60,264
Business Support 1,544 1,624 1,651 1,664
Capital Transfer to Reserve &
Debt Charges 4,952 4,948 4,136 4,136
Gross Budget 54,927 57,280 64,834 66,063
Less: Revenues -19,019 -16,800 -17,326 -17,401
Net Budget Requisition –
Before Reserve Funding 35,908 40,480 47,508 48,662
Percentage Change 12.73% 17.36% 2.43%
Less: Reserve Transfers:
2019 Reserve Transfer -580 - - -
Service Level Campaign - -485 - -
Collection Contract One-time
Payment - -259 - -
Revenue Fluctuation
Mitigation - -450 - -
New Collection Contract
Mitigation (2020) - -495 -4,916 -1,896
Net Budget Requisition – After
Reserve Funding 35,328 38,790 42,592 46,766
Percentage Change 9.80% 9.80% 9.80%
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Table 1 – 2020 Waste Management Gross & Net Budget (‘000) - REVISED
2019 2020 2021 2022
Total Operating Expenditures 48,431 50,622 58,646 59,854
Business Support 1,544 1,624 1,651 1,664
Capital Transfer to Reserve &
Debt Charges 4,952 4,948 4,136 4,136
Gross Budget 54,927 57,194 64,432 65,653
Less: Revenues -19,019 -16,800 -17,326 -17,401
Net Budget Requisition –
Before Reserve Funding 35,908 40,394 47,106 48,252
Percentage Change 12.49% 16.62% 2.43%
Less: Reserve Transfers:
2019 Reserve Transfer -580 0 0 0
Service Level Campaign 0 -485
Collection Contract One-time
Payment 0 -259
Revenue Fluctuation
Mitigation 0 -450
New Collection Contract
Mitigation (2020) 0 -410 -4,514 -1,486
Net Budget Requisition – After
Reserve Funding 35,328 38,790 42,592 46,766
Percentage Change 9.80% 9.80% 9.80%
A schedule providing the revenues and expenditures by object of expenditure for 2019
and 2020 is included as Appendix 1. This appendix includes the 2019 budget and the
2020 budget including program changes and the percentage change for comparison.
Analysis
Overview
The 2020 WMS budget represents an increase of 9.8% over the approved 2019 net
operating budget. As discussed below, the main drivers of the annual increase are a
result of decreased end market recycling revenue of approximately 4.5% and increased
collection contract costs of 5.1% over the 2019 budget after reserve funding.
Trends over the last few years, as summarized in Table 2, show that historically the
WMS net operating budget increase/decrease has been at or below previously
established Council approved budget guidance. The five-year average year-over-year
requisition change (including 2020) represents an average annual change of 1.83%.
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Table 2 – Historical WMS Net Budget Increases / (Decreases) Summary ($000)
Year Net Budget
Requisition ($) $ Change % Change
2016 35,301 (278) -0.78%
2017 34,891 (410) -1.16%
2018 34,602 (289) -0.83%
2019 35,328 726 2.10%
2020 (Proposed) 38,790 3,462 9.80%
Average (5-yr) 1.83%
Approximately 39% of the gross budget is related to the waste collection and disposal
program areas, followed by 18% for organics collection and processing, 34% for
recycling collection and processing, with the remaining 9% of the budget for a range of
other diversion programs, planning, and administration. As much of the program is
delivered through partnerships with private service providers, 76% of the operating-
related costs (before capital financing and cost allocation) are in the form o f outsourced
costs (alternative service delivery) and are subject to contract escalations and
conditions.
Pressures
Expenditure pressures to the 2020 budget include:
New Collection Contract (Gross = $2.3 million, Net = $1.8 million) (Gross = $2.2
million, Net = $1.8 million) – Staff are projecting an increase in the new
collection contract annual amount above current collection costs as per the
pricing submitted by the successful proponents in 2019-RFP-156 Request for
Proposal for Niagara Region Curbside Collection, Haulage of Garbage,
Recycling, and Organics. With the new collection contract anticipated to start
October 2020, staff have included an estimate of anticipated collection costs
under the new contract for the last 3 months of the year only. The full impact of a
new contract will not be included until 2021. Staff have proposed a three-year
mitigation plan to assist in phasing in the increased costs of the new collection
contract. Under the proposed approach, staff are recommending reserve funding
from the WM stabilization reserve over 2020, 2021 and 2022. The intent of the
reserve funding is to limit the annual increase in the WM operating budget to
9.8% over the next three years. Please see impact on reserves in Table 3.
One-time Lump Sum Collection Contract Payment (Gross = $0.26 million, Net =
$0 million) – As per the Budget Planning By-law, staff are recommending that the
one-time lump sum payment under the current collection contract (as identified in
PW 35-2016) be funded from the waste management stabilization reserve for
2020.
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Contractual increases including CPI, fuel and household count increases ($0.57
million) – the current curbside collection contract includes annual provisions for
CPI increases for various operating expenditures as well as increases for
updated household counts and fuel costs.
Service level marketing campaign (Gross = $0.49 million, Net $0 million) - As part
of the 2020 operating budget, staff are recommending additional resources to
assist with the transition between collection contactors, as well as for the
transition to every-other-week garbage collection service and other changes that
may occur with the new contract. As mentioned above, the annual impact
amounts to $0.49 million for 2020 which includes the addition of 1 FTE
(temporary 1-year), 2 student interns for 2020 as well as program and education
expenditures. As a result of the one-time nature of these expenditure, staff are
recommending a one-time draw from the waste management stabilization
reserve in the amount of $0.49 million to offset these expenditures.
Other operational contracts including disposal operations, landfill operation and
attendants, drop-off depot and leachate collection & processing ($0.43 million).
Repairs and maintenance ($0.16 million).
Operational supplies ($0.16 million).
Mitigation efforts to reduce the impact of these pressures have included
postponing the potential expansion of the Region’s partnership with Links for
Greener Learning, and elimination of subsidies and funding provided for public
space recycling materials and recycling and organics carts.
Revenue pressures to the 2020 budget include:
End Market Recycling Revenue (Gross = $2.05 million, Net = $1.60 million) - A
significant pressure is on end market recycling revenues. The decreased
revenue from end market recycling represents an increase in the 2020 WM
operations budget due to forecasted decreases in end market recycling revenues
for 2020 of $2.05 million. Staff expect there to be an improvement in the end
market revenue starting 2021. Reserve funding has been used to mitigate the
temporary pressure seen in 2020.
Poor market conditions have existed throughout 2019 and are anticipated to
continue into 2020. The revenue projections are based on 2019 rates received by
the Region and are typically estimated using the previous year’s actual rates and
market trends. However, for the 2020 budget, revenues were developed based
on the May and June 2019 rates as being representative of anticipated average
rates and the market trend for 2020 because the rates have continued to further
decrease since June. Rates per tonne of recycled goods are currently at an
unprecedented low and are not anticipated to improve to the extent seen in
previous years. Staff recognize a potential risk in the recycling revenue
assumptions for 2020 as markets have continue to deteriorate further since the
finalization of the budget and this trend may continue into 2020.
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Niagara Region also has contracts to transport and process recyclable material
from the Region of Waterloo and Haldimand County. With the current market
conditions, Niagara’s budgeted expenses for these purchases have d ecreased
by approximately $1.65 million in alignment with the decreased revenue rates.
During 2019, Council approved initiation of Recycling Facility improvements (PW
48-2019). These improvements were to ensure the facility continues to operate
efficiently and to improve the quality and marketability of the end market
recyclable products. These improvements are anticipated to help mitigate
additional decreases seen in end market revenues. Staff will continue to explore
other options or process enhancements in 2020 with the goal of maximizing end
market recycling revenues.
Other revenues are forecasting to increase for 2020 when compared to 2019 of
approximately $0.79 million. This increase is primarily as a result of increases in
landfill tipping fee revenues based on current tonnage trends ($0.49 million) and
garbage bag tag revenues ($0.25 million). The increase in garbage bag tag
revenue is a result of a combination of increased garbage tag user fee rates from
$2.00 per tag to $2.50 per tag in April 2020, in order to fully recover the
increasing costs of collection and disposal associated with additional garbage
bags, as well as increased projected quantities based on 2019 actuals to date.
Resource Productivity & Recovery Authority (RPRA) Blue Box program funding
had decreased in 2019 as a result of higher than anticipated end market
recycling revenue in 2017 (on which the 2019 funding RPRA amount is based).
Accordingly, for 2019 Council approved a one-time draw from the WM
stabilization reserve of $0.23 million to offset the decreased RPRA funding. For
the 2020 WM operating budget, staff are projecting that annua l RPRA funding
will normalize to historical levels meaning the draw on reserves that occurred in
2019 will not be required for 2020. Conversely, staff are projecting that the
RPRA funding for 2020 will increase by $0.7 million over 2019.
Reserve Management
As summarized in Table 3, the operating budget includes a $4.14 million transfer to
reserves consistent with CSD 70-2017 - Waste Management Reserve Strategy, which
proposed a strategy to fund waste management capital needs, landfill liability for closur e
and post-closure care and operating budget risks. It proposed that the $4.14 million
base budget be reallocated into the three separate Waste Management reserves as
follows:
$2.52 million to the Waste Capital Reserve – to fund open landfill site and MRF
capital.
$1.39 million to the Landfill Liability Reserve – to fund the landfill liability related
to existing closed landfill site capital, and Humberstone and NR12 post-closure
operating and capital, estimated at $61.4 million in 2018. This will provide for
operating revenues currently generated from operation of the landfills to address
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disposal costs in the future when the Region no longer has open landfills for this
purpose and generating tipping fee revenue.
$0.23 million to the Waste Stabilization Reserve – to fund operating budget
fluctuations, one-time items, contingencies, and risks such as those associated
with pending regulations that may affect the recycling facility and operations.
Table 3 – WMS Forecasted Reserve Balances and Targets ($M)
Reserve
Projected
2019 YE
Balance
Projected
2020 YE
Balance
Projected
2021 YE
Balance
Projected
2022 YE
Balance
Target
Reserve
Balance
Waste Capital
Reserve $6.3 $0.6 $0.0 $0.0 $7.0
Landfill Liability
Reserve $8.2 $9.5 $8.1 $7.9 $61.4
Waste Stabilization
Reserve $5.9 $4.7 $0.9 $0.2 $5.5 to $8.2
Total $20.4 $14.8 $9.0 $8.1 $74-77
Table 3 – WMS Forecasted Reserve Balances and Targets ($M) - REVISED
Reserve
Projected
2019 YE
Balance
Projected
2020 YE
Balance
Projected
2021 YE
Balance
Projected
2022 YE
Balance
Target
Reserve
Balance
Waste Capital
Reserve $6.3 $0.6 $0.0 $0.0 $7.0
Landfill Liability
Reserve $8.2 $9.5 $8.1 $7.9 $61.4
Waste Stabilization
Reserve $5.9 $4.8 $1.4 $1.1 $5.5 to $8.2
Total $20.4 $14.9 $9.5 $9.0 $74-77
Report CSD 70-2017 - Waste Management Reserve Strategy when presented showed
the WMS capital reserve in a positive position over the proceeding 10-year capital
forecast period. Due to higher than anticipated capital program costs over the last 3
years, the reserve is projected to be at $0 by the end of 2020. The main capital project
that contributed to the utilization of the reserve was the Environmental Centre
Expansion, which required reserve funding of $7.9 million.
As noted in Table 3, the existing post-closure landfill liability is $61.4 million. The
projected balance of the Landfill Liability reserve for the end of 2019 is estimated at $8.2
million, which is not adequate to address the future liability. As such, staff recommend
that the contribution to the reserve continues as outlined above so that the Region is in
a suitable position for the future.
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As discussed under the Financial Considerations section of this report, staff are
recommending funding from the WMS stabilization reserve totalling $1.69 million $1.6
million for 2020, which has been summarized below in Table 4. The reserve funding
will assist in mitigating pressures from one-time expenditures and decreased recycling
revenue. The reserve funding for the new collection contract mitigation is part of a three-
year mitigation strategy, which will require reserve funding to be included in the 2020,
2021 and 2022 WMS operating budgets. As noted in Table 3, the proposed strategy to
utilize the WM stabilization reserve to mitigate the impacts of the new collection contract
will reduce the reserve to near zero by the end of 2022. This approach does generate
operational risk, as there will be no stabilization funding available in the future to
mitigate one-time pressures or in-year deficits, therefore contributions to the
stabilization reserve will be evaluated each year. In the absence of reserve balances to
fund year-end deficits, increases to future budgets will be required.
The following table summarizes the recommended use of stabilization reserve for the
2020 operating budget.
Table 4 – Recommended 2020 WMS Reserve Funding
Program/Item to be Funded Amount ($)
Service Level Campaign $485,000
Collection Contract One-time Payment $258,950
Revenue Fluctuation Mitigation $450,000
New Collection Contract Mitigation (2020) $495,250
Total $1,689,200
Table 4 – Recommended 2020 WMS Reserve Funding - REVISED
Program/Item to be Funded Amount ($)
Service Level Campaign $485,000
Collection Contract One-time Payment $258,950
Revenue Fluctuation Mitigation $450,000
New Collection Contract Mitigation (2020) $409,653
Total $1,603,603
2020 Waste Management Requisition
The net requisition amount will be allocated in accordance with the methodology
approved in PWA 55-2011. As such, base WMS costs will be apportioned based on the
2018 percentage of residential units in each municipality, while the enhanced collection
services and associated disposal costs will be apportioned to the requesting
municipalities.
The year-over-year increase in requisition amount by local area municipality before
assessment growth equates to an increase ranging from 8.36% to 16.23% 8.59% to
14.56% with an average increase of 9.80%, as outlined in Appendix 2.
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The net requisition changes by local area municipality after growth of 1.42% ranges
from 5.69% to 14.52%. 5.92% to 12.85%. This range is the result of the differences in
household growth between local area municipalities as well as net assessment growth.
The WM levy is collected as a special levy with the Region establishing the tax rates for
each municipality (with the exception of NOTL). Note that these are average impacts
and the actual impact will vary on each individual property based on year-over-year
assessment change relative to the average assessment change.
Appendix 3 provides the impacts of the WMS requisition for 2020 in comparison to
2019 on a cost per typical residential unit basis by area municipality.
Staff are also recommending a review of the allocation methodology utilized for the
WMS requisition between area municipalities. The current methodology was reaffirmed
by Council in 2011 and has not been reviewed since that time. As part of the review,
staff will engage the local area municipalities and review relevant legislation. Any
changes that may occur based on this review will not impact the 2020 requisition.
Risks & Opportunities
The proposed budget, like any budget, has a number of risks, as well as opportunities,
which include:
Recycling Commodity Price Risk –The market for commodities does have
significant risk based on market fluctuations. As noted in WMPSC-C 29-2019,
staff have noted decreased in commodity pricing for 2019. This negative trend in
pricing is projected to continue in 2020 but there is a further risk that the
commodity prices could decrease more than what has been projected.
Risk associated with the uncertainty around the Waste Free Ontario Act and the
transition to extended producer responsibility and the impacts on the recycling
facility.
Other Price Risks – the collection contract with the private sector contains a
number of contract adjustments related to fuel prices and CPI. If these factors
exceed the forecast, that could have a material impact on the budget.
Counterparty risk related to the waste collection contract for services that
represents 44% of WMS’s 2020 operating costs.
Multi-year collection contract mitigation – staff are recommending to utilize the
waste management stabilization reserve to help phase-in the pressures
generated from the new collection contract start October 2020. As a result, the
stabilization reserve is projected to decrease to a balance of $0.2 million by the
end of 2022. This may limit staff’s ability to mitigate in-year budget pressures as
they arise (i.e. decreased end-market revenues) and could therefore result in
increased pressure on future year budgets.
The Niagara Region continues to explore opportunities for procurement of
recyclable material processing for other municipalities.
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Alternatives Reviewed
The 2020 budget includes base and enhanced collection services as approved by
Council and does not include additional Optional Collection Services (with the exception
of the delivery of roll-offs for special events recycling, as outlined in Confidential PW 65-
2019) which are NOT RECOMMENDED due to the significant budget pressure related
to base services. Should these be considered, they would require an additional budget
increase to be added to the recommended 9.8% budget increase.
The 2020 budget does not include the Diversion Container Distribution Options 4 or 5,
which would be to maintain the existing distribution program but with a 50% subsidy for
a period of six (6) months (Option 4) or twelve (12) months (Option 5), as presented to
Public Works Committee on November 5. The incremental cost of Option 4 is $225,000
and would change the budget increase from 9.8% to 10.4%. The incremental cost of
Option 5 is $251,000 and would change the budget increase from 9.8% to 10.5%. Staff
are recommending the status quo service, which is to sell the containers to residents on
a full-cost recovery basis through 13 different distribution locations throughout the
Region, due to the significant budget pressure related to base services. Staff are also
not recommending the use of the stabilization reserve for the one time expenditure as
the reserve is already significantly depleted to mitigate the base budget to 9.8%.
Relationship to Council Strategic Priorities
The 2020 WMS budget supports responsible growth and infrastructure planning and
supports Council’s objective of environmental sustainability and stewardship.
Other Pertinent Reports
PWA 55-2011 – Waste Management Services Financing Study
CSD 70-2017 – Waste Management Reserve Strategy
WMPSC-C 33 – 2018 Waste Management Tipping Fees
PW 61-2019 – Base Level Service for Waste Management Collection Contract
PW 65-2019 – Confidential – Pricing of Successful Proponents and Review of Optional
Services for WM Collection Contract
________________________________
Prepared by:
Helen Chamberlain, CPA, CA
Director, Financial Management &
Planning/Deputy Treasurer
________________________________
Recommended by:
Todd Harrison, CPA, CMA
Commissioner/Treasurer
Enterprise Resource Management
Services
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________________________________
Submitted by:
Ron Tripp, P.Eng.
Acting, Chief Administrative Officer
This report was prepared by Rob Fleming, Senior Tax & Revenue Analyst, in consultation with
Sara Mota, Program Financial Specialist and Reviewed by Margaret Murphy, Associate
Director, Budget Planning & Strategy, Catherine Habermebl, Director, Waste Management
Services.
Appendices
Appendix 1 Waste Management – Schedule of Revenues and Expenditures
Appendix 2 Proposed 2020 Requisition by Municipalities
Appendix 3 2020 WM Requisition for Typical Residential Property by
Municipality
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Schedule of Expenditures and Revenues w Q2
DeptID: D_65000B Waste Management Services
Fiscal Year: 2020
D_65000B
2018 2019 2020
Actual Q2 Forecast Budget Budget
Total Total Total Base Services Base Variance Base Variance %
Total Program
Changes Total Total Variance Total Variance %
A_40000AB Compensation 3,287,740 3,550,334 3,688,358 3,865,070 176,712 4.8%58,036 3,923,106 234,748 6.4%
A_41000AB Administrative 720,571 1,702,072 1,077,950 965,112 (112,838)(10.5%)331,000 1,296,112 218,162 20.2%
A_44000AB Operational & Supply 37,771,528 38,995,464 40,848,472 42,491,114 1,642,643 4.0%11,143 42,502,257 1,653,786 4.1%
A_50000AB Occupancy & Infrastructure 1,455,001 1,425,989 1,438,380 1,453,183 14,804 1.0%- 1,453,183 14,804 1.0%
A_52000AB Equipment, Vehicles,Technology 1,213,343 1,195,529 1,053,036 1,214,097 161,061 15.3%- 1,214,097 161,061 15.3%
A_56000AB Partnership, Rebate, Exemption 166,821 182,167 195,700 188,906 (6,793)(3.5%)-188,906 (6,793)(3.5%)
A_58000AB Financial Expenditures (28,415)(946)--- ---- -
A_75100AC Transfers To Funds 5,066,955 4,135,500 4,135,500 4,135,500 - -- 4,135,500 - -
A_60000AC Allocation Between Departments 145,879 127,778 128,626 129,808 1,183 0.9%-129,808 1,183 0.9%
Gross Expenditure Subtotal 49,799,423 51,313,887 52,566,021 54,442,792 1,876,770 3.6%400,179 54,842,971 2,276,949 4.3%
A_30000AB Taxation (34,602,337) (35,328,318) (35,328,312) (38,758,812) (3,430,500)9.7% (31,677) (38,790,490) (3,462,177)9.8%
A_32400AB By-Law Charges & Sales (13,743,584) (11,128,925) (14,588,064) (11,609,056) 2,979,008 (20.4%)- (11,609,056) 2,979,008 (20.4%)
A_34950AB Other Revenue (4,924,221) (4,457,566) (4,430,915) (5,190,883) (759,968)17.2%- (5,190,883) (759,968)17.2%
A_75000AC Transfers From Funds (521,831) (1,511,455) (580,000) (1,289,021) (709,021)122.2% (400,179) (1,689,200) (1,109,200)191.2%
Gross Revenue Subtotal (53,791,973) (52,426,265) (54,927,291) (56,847,772) (1,920,481)3.5% (431,856) (57,279,628) (2,352,337)4.3%
Net Expenditure (revenue) before indirect allocations (3,992,550) (1,112,378) (2,361,269) (2,404,980) (43,711)1.9% (31,677) (2,436,657) (75,388)3.2%
A_70000AC Indirect Allocation 1,510,714 1,469,787 1,489,826 1,467,083 (22,743)(1.5%)31,677 1,498,760 8,934 0.6%
A_70200AC Capital Financing Allocation 931,063 901,325 871,443 937,897 66,454 7.6%-937,897 66,454 7.6%
Allocation Subtotal 2,441,776 2,371,112 2,361,269 2,404,980 43,711 1.9%31,677 2,436,657 75,388 3.2%
Net Expenditure (revenue) after indirect allocations (1,550,774)1,258,734 -0 0 --0 0 -
FTE - Reg 32.0 32.0 -2.0 34.0 2.0
FTE - Temp 2.2 3.2 1.0 (2.0)1.2 (1.0)
CSD 70‐2019
Appendix 1 - REVISED
November 28, 2019
Page 338 of 377
Schedule of Expenditures and Revenues w Q2
DeptID: D_65000B Waste Management Services
Fiscal Year: 2020
D_65000B
2018 2019 2020
Actual Q2 Forecast Budget Budget
Total Total Total Base Services Base Variance Base Variance %
Total Program
Changes Total Total Variance Total Variance %
A_40000AB Compensation 3,287,740 3,550,334 3,688,358 3,865,070 176,712 4.8%58,036 3,923,106 234,748 6.4%
A_41000AB Administrative 720,571 1,702,072 1,077,950 965,112 (112,838)(10.5%)331,000 1,296,112 218,162 20.2%
A_44000AB Operational & Supply 37,771,528 38,995,464 40,848,472 42,405,567 1,557,095 3.8%11,143 42,416,710 1,568,238 3.8%
A_50000AB Occupancy & Infrastructure 1,455,001 1,425,989 1,438,380 1,453,183 14,804 1.0%- 1,453,183 14,804 1.0%
A_52000AB Equipment, Vehicles,Technology 1,213,343 1,195,529 1,053,036 1,214,097 161,061 15.3%- 1,214,097 161,061 15.3%
A_56000AB Partnership, Rebate, Exemption 166,821 182,167 195,700 188,906 (6,793)(3.5%)-188,906 (6,793)(3.5%)
A_58000AB Financial Expenditures (28,415)(946)--- ---- -
A_75100AC Transfers To Funds 5,066,955 4,135,500 4,135,500 4,135,500 - -- 4,135,500 - -
A_60000AC Allocation Between Departments 145,879 127,778 128,626 129,808 1,183 0.9%-129,808 1,183 0.9%
Gross Expenditure Subtotal 49,799,423 51,313,887 52,566,021 54,357,244 1,791,223 3.4%400,179 54,757,423 2,191,402 4.2%
A_30000AB Taxation (34,602,337) (35,328,318) (35,328,312) (38,758,812) (3,430,499)9.7% (31,677) (38,790,489) (3,462,177)9.8%
A_32400AB By-Law Charges & Sales (13,743,584) (11,128,925) (14,588,064) (11,609,056) 2,979,008 (20.4%)- (11,609,056) 2,979,008 (20.4%)
A_34950AB Other Revenue (4,924,221) (4,457,566) (4,430,915) (5,190,883) (759,968)17.2%- (5,190,883) (759,968)17.2%
A_75000AC Transfers From Funds (521,831) (1,511,455) (580,000) (1,203,474) (623,474)107.5% (400,179) (1,603,653) (1,023,653)176.5%
Gross Revenue Subtotal (53,791,973) (52,426,265) (54,927,291) (56,762,224) (1,834,934)3.3% (431,856) (57,194,080) (2,266,790)4.1%
Net Expenditure (revenue) before indirect allocations (3,992,550) (1,112,378) (2,361,269) (2,404,980) (43,711)1.9% (31,677) (2,436,657) (75,388)3.2%
A_70000AC Indirect Allocation 1,510,714 1,469,787 1,489,826 1,467,083 (22,743)(1.5%)31,677 1,498,760 8,934 0.6%
A_70200AC Capital Financing Allocation 931,063 901,325 871,443 937,897 66,454 7.6%-937,897 66,454 7.6%
Allocation Subtotal 2,441,776 2,371,112 2,361,269 2,404,980 43,711 1.9%31,677 2,436,657 75,388 3.2%
Net Expenditure (revenue) after indirect allocations (1,550,774)1,258,734 -0 0 --0 0 -
FTE - Reg 32.0 32.0 -2.0 34.0 2.0
FTE - Temp 2.2 3.2 1.0 (2.0)1.2 (1.0)
CSD 70‐2019
Appendix 1 - REVISED
November 28, 2019
Page 339 of 377
CSD 70‐2019
Appendix 2 - Revised
November 28, 2019
Increase/
(Decrease)
($000)
%
Increase/
(Decrease)
Taxable
Assessment
Growth (%)
Net Increase/
(Decrease)
(%)
Fort Erie 2,677$ 2,946$ 269$ 10.05% 1.48%8.57%
Grimsby 1,850$ 2,150$ 300$ 16.23% 1.72% 14.52%
Lincoln 1,602$ 1,765$ 163$ 10.18% 2.44% 7.73%
Niagara Falls 6,930$ 7,595$ 664$ 9.59% 1.13% 8.45%
Niagara‐on‐the‐Lake*1,545$ 1,678$ 133$ 8.60% 1.00% 7.60%
Pelham 1,205$ 1,368$ 164$ 13.59% 2.70% 10.89%
Port Colborne 1,771$ 1,941$ 170$ 9.58% 0.59% 8.99%
St. Catharines 10,873$ 11,782$ 909$ 8.36% 0.12% 8.24%
Thorold 1,476$ 1,651$ 175$ 11.89% 2.74% 9.15%
Wainfleet 547$ 599$ 52$ 9.42% 1.32% 8.10%
Welland 3,964$ 4,343$ 379$ 9.55% 3.86% 5.69%
West Lincoln 888$ 973$ 85$ 9.55% 2.60% 6.96%
Total 35,328$ 38,790$ 3,462$ 9.80% 1.42% 8.38%
* NOTL assessment growth value on increase in residential units NOT CVA (as per NOTL requisition methodology).
* Total taxable assessment growth percentage of 1.42% represents Niagara forecasted growth for 2019 as of November 6, 2019
Increase/
(Decrease)
% Increase/
(Decrease)
Fort Erie 109 0.70%
Grimsby 499 4.67%
Lincoln 81 0.88%
Niagara Falls 390 1.03%
Niagara‐on‐the‐Lake 85 1.00%
Pelham 119 1.71%
Port Colborne 19 0.18%
St. Catharines 170 0.28%
Thorold 104 1.24%
Wainfleet 16 0.50%
Welland 117 0.50%
West Lincoln 57 1.07%
Total 1,766 0.89%200,757
5,342
198,991
Residential Units
2019
Budget
Residential Units
2020
Budget
15,697
11,175
9,305
38,306
8,605
7,064
10,304
59,879
8,510
3,220
23,293
5,399
Appendix 2
Change in Residential Units ‐ 2020 Budget over 2019 Budget
Municipality
Difference
15,588
10,676
9,224
37,916
8,520
6,945
10,285
59,709
8,406
3,204
23,176
Proposed 2020 Requisition by Municipality
Growth Impact %
Municipality
2020
Requisition
($000)
2019
Charges
($000)
Difference
Page 340 of 377
CSD 70‐2019
Appendix 2 ‐ REVISED
November 28, 2019
Increase/
(Decrease)
($000)
%
Increase/
(Decrease)
Taxable
Assessment
Growth (%)
Net Increase/
(Decrease)
(%)
Fort Erie 2,677$ 2,951$ 275$ 10.27% 1.48% 8.79%
Grimsby 1,850$ 2,119$ 269$ 14.56% 1.72% 12.85%
Lincoln 1,602$ 1,769$ 166$ 10.39% 2.44% 7.95%
Niagara Falls 6,930$ 7,610$ 679$ 9.80% 1.13% 8.67%
Niagara‐on‐the‐Lake*1,545$ 1,681$ 136$ 8.81% 1.00% 7.81%
Pelham 1,205$ 1,342$ 137$ 11.36% 2.70% 8.66%
Port Colborne 1,771$ 1,945$ 174$ 9.80% 0.59% 9.21%
St. Catharines 10,873$ 11,807$ 934$ 8.59% 0.12% 8.47%
Thorold 1,476$ 1,641$ 165$ 11.22% 2.74% 8.48%
Wainfleet 547$ 600$ 53$ 9.64% 1.32% 8.32%
Welland 3,964$ 4,352$ 388$ 9.78% 3.86% 5.92%
West Lincoln 888$ 974$ 86$ 9.68% 2.60% 7.08%
Total 35,328$ 38,790$ 3,462$ 9.80% 1.42% 8.38%
* NOTL assessment growth value on increase in residential units NOT CVA (as per NOTL requisition methodology).
* Total taxable assessment growth percentage of 1.42% represents Niagara forecasted growth for 2019 as of November 6, 2019
Increase/
(Decrease)
% Increase/
(Decrease)
Fort Erie 109 0.70%
Grimsby 499 4.67%
Lincoln 81 0.88%
Niagara Falls 390 1.03%
Niagara‐on‐the‐Lake 85 1.00%
Pelham 119 1.71%
Port Colborne 19 0.18%
St. Catharines 170 0.28%
Thorold 104 1.24%
Wainfleet 16 0.50%
Welland 117 0.50%
West Lincoln 57 1.07%
Total 1,766 0.89%
15,588
10,676
9,224
37,916
8,520
6,945
10,285
59,709
8,406
3,204
23,176
5,399
Appendix 2 ‐ REVISED
Change in Residential Units ‐ 2020 Budget over 2019 Budget
Municipality
Difference
Proposed 2020 Requisition by Municipality
Growth Impact %
Municipality
2020
Requisition
($000)
2019
Charges
($000)
Difference
200,757
5,342
198,991
Residential Units
2019
Budget
Residential Units
2020
Budget
15,697
11,175
9,305
38,306
8,605
7,064
10,304
59,879
8,510
3,220
23,293
Page 341 of 377
CSD 70‐2019Appendix 3 - REVISED November 28, 2019MonthlyCVA3WM taxes CVA3WM taxes $ % $Fort Erie210,015 138.97$ 214,712 150.73$ 11.76$ 8.46% 0.98$ Grimsby382,289 146.09$ 402,891 166.50$ 20.41$ 13.97% 1.70$ Lincoln354,651 150.61$ 370,494 162.02$ 11.41$ 7.58% 0.95$ Niagara Falls246,816 125.52$ 256,262 135.85$ 10.34$ 8.24% 0.86$ Niagara‐on‐the‐Lake2Pelham348,986 157.03$ 365,439 176.47$ 19.44$ 12.38% 1.62$ Port Colborne199,310 167.73$ 204,313 182.37$ 14.64$ 8.73% 1.22$ St. Catharines252,106 159.90$ 259,659 172.44$ 12.55$ 7.85% 1.05$ Thorold231,911 133.21$ 238,276 144.88$ 11.67$ 8.76% 0.97$ Wainfleet255,870 143.97$ 265,652 154.80$ 10.82$ 7.52% 0.90$ Welland208,841 157.09$ 214,538 165.72$ 8.63$ 5.49% 0.72$ West Lincoln300,968 133.22$ 315,157 142.13$ 8.91$ 6.69% 0.74$ 12020 draft WM rates based on 2019 tax policy and 2020 draft requisition amounts.2NOTL charge to residents based on fixed household amount.32019 and 2020 average CVA based on MPAC phased‐in assessment increase for the municipality.2020 Draft 1Annual Increase/(Decrease)Municipality2019 FinalAppendix 3 ‐ 2020 WM Requisition For Typical Residential Property by MunicipalityPage 342 of 377
CSD 70‐2019Appendix 3 ‐ REVISEDNovember 28, 2019MonthlyCVA3WM taxesCVA3WM taxes $ % $Fort Erie 210,015 138.97$ 214,712 151.03$ 12.06$ 8.68% 1.00$ Grimsby382,289 146.09$ 402,891 164.11$ 18.02$ 12.34% 1.50$ Lincoln354,651 150.61$ 370,494 162.34$ 11.73$ 7.79% 0.98$ Niagara Falls246,816 125.52$ 256,262 136.12$ 10.61$ 8.45% 0.88$ Niagara‐on‐the‐Lake2Pelham348,986 157.03$ 365,439 173.01$ 15.98$ 10.17% 1.33$ Port Colborne 199,310 167.73$ 204,313 182.73$ 15.00$ 8.94% 1.25$ St. Catharines252,106 159.90$ 259,659 172.44$ 12.55$ 7.85% 1.05$ Thorold231,911 133.21$ 238,276 144.00$ 10.79$ 8.10% 0.90$ Wainfleet255,870 143.97$ 265,652 155.10$ 11.13$ 7.73% 0.93$ Welland208,841 157.09$ 214,538 166.06$ 8.98$ 5.71% 0.75$ West Lincoln300,968 133.22$ 315,157 142.29$ 9.07$ 6.81% 0.76$ 12020 draft WM rates based on 2019 tax policy and 2020 draft requisition amounts.2NOTL charge to residents based on fixed household amount.32019 and 2020 average CVA based on MPAC phased‐in assessment increase for the municipality.2020 Draft 1Annual Increase/(Decrease)Municipality2019 FinalAppendix 3 ‐ 2020 WM Requisition For Typical Residential Property by Municipality ‐ REVISEDPage 343 of 377
Schedule of Expenditures and Revenues w Q2
DeptID: D_65000B Waste Management Services
Fiscal Year: 2020
D_65000B
2018 2019 2020
Actual Q2 Forecast Budget Budget
Total Total Total Base Services Base Variance Base Variance %
Total Program
Changes Total Total Variance Total Variance %
A_40000AB Compensation 3,287,740 3,550,334 3,688,358 3,865,070 176,712 4.8%58,036 3,923,106 234,748 6.4%
A_41000AB Administrative 720,571 1,702,072 1,077,950 965,112 (112,838)(10.5%)331,000 1,296,112 218,162 20.2%
A_44000AB Operational & Supply 37,771,528 38,995,464 40,848,472 42,491,114 1,642,643 4.0%11,143 42,502,257 1,653,786 4.1%
A_50000AB Occupancy & Infrastructure 1,455,001 1,425,989 1,438,380 1,453,183 14,804 1.0%- 1,453,183 14,804 1.0%
A_52000AB Equipment, Vehicles,Technology 1,213,343 1,195,529 1,053,036 1,214,097 161,061 15.3%- 1,214,097 161,061 15.3%
A_56000AB Partnership, Rebate, Exemption 166,821 182,167 195,700 188,906 (6,793)(3.5%)-188,906 (6,793)(3.5%)
A_58000AB Financial Expenditures (28,415)(946)--- ---- -
A_75100AC Transfers To Funds 5,066,955 4,135,500 4,135,500 4,135,500 - -- 4,135,500 - -
A_60000AC Allocation Between Departments 145,879 127,778 128,626 129,808 1,183 0.9%-129,808 1,183 0.9%
Gross Expenditure Subtotal 49,799,423 51,313,887 52,566,021 54,442,792 1,876,770 3.6%400,179 54,842,971 2,276,949 4.3%
A_30000AB Taxation (34,602,337) (35,328,318) (35,328,312) (38,758,812) (3,430,500)9.7% (31,677) (38,790,490) (3,462,177)9.8%
A_32400AB By-Law Charges & Sales (13,743,584) (11,128,925) (14,588,064) (11,609,056) 2,979,008 (20.4%)- (11,609,056) 2,979,008 (20.4%)
A_34950AB Other Revenue (4,924,221) (4,457,566) (4,430,915) (5,190,883) (759,968)17.2%- (5,190,883) (759,968)17.2%
A_75000AC Transfers From Funds (521,831) (1,511,455) (580,000) (1,289,021) (709,021)122.2% (400,179) (1,689,200) (1,109,200)191.2%
Gross Revenue Subtotal (53,791,973) (52,426,265) (54,927,291) (56,847,772) (1,920,481)3.5% (431,856) (57,279,628) (2,352,337)4.3%
Net Expenditure (revenue) before indirect allocations (3,992,550) (1,112,378) (2,361,269) (2,404,980) (43,711)1.9% (31,677) (2,436,657) (75,388)3.2%
A_70000AC Indirect Allocation 1,510,714 1,469,787 1,489,826 1,467,083 (22,743)(1.5%)31,677 1,498,760 8,934 0.6%
A_70200AC Capital Financing Allocation 931,063 901,325 871,443 937,897 66,454 7.6%-937,897 66,454 7.6%
Allocation Subtotal 2,441,776 2,371,112 2,361,269 2,404,980 43,711 1.9%31,677 2,436,657 75,388 3.2%
Net Expenditure (revenue) after indirect allocations (1,550,774)1,258,734 -0 0 --0 0 -
FTE - Reg 32.0 32.0 -2.0 34.0 2.0
FTE - Temp 2.2 3.2 1.0 (2.0)1.2 (1.0)
CSD 70‐2019
Appendix 1 - REVISED
November 28, 2019
Page 344 of 377
Schedule of Expenditures and Revenues w Q2
DeptID: D_65000B Waste Management Services
Fiscal Year: 2020
D_65000B
2018 2019 2020
Actual Q2 Forecast Budget Budget
Total Total Total Base Services Base Variance Base Variance %
Total Program
Changes Total Total Variance Total Variance %
A_40000AB Compensation 3,287,740 3,550,334 3,688,358 3,865,070 176,712 4.8%58,036 3,923,106 234,748 6.4%
A_41000AB Administrative 720,571 1,702,072 1,077,950 965,112 (112,838)(10.5%)331,000 1,296,112 218,162 20.2%
A_44000AB Operational & Supply 37,771,528 38,995,464 40,848,472 42,405,567 1,557,095 3.8%11,143 42,416,710 1,568,238 3.8%
A_50000AB Occupancy & Infrastructure 1,455,001 1,425,989 1,438,380 1,453,183 14,804 1.0%- 1,453,183 14,804 1.0%
A_52000AB Equipment, Vehicles,Technology 1,213,343 1,195,529 1,053,036 1,214,097 161,061 15.3%- 1,214,097 161,061 15.3%
A_56000AB Partnership, Rebate, Exemption 166,821 182,167 195,700 188,906 (6,793)(3.5%)-188,906 (6,793)(3.5%)
A_58000AB Financial Expenditures (28,415)(946)--- ---- -
A_75100AC Transfers To Funds 5,066,955 4,135,500 4,135,500 4,135,500 - -- 4,135,500 - -
A_60000AC Allocation Between Departments 145,879 127,778 128,626 129,808 1,183 0.9%-129,808 1,183 0.9%
Gross Expenditure Subtotal 49,799,423 51,313,887 52,566,021 54,357,244 1,791,223 3.4%400,179 54,757,423 2,191,402 4.2%
A_30000AB Taxation (34,602,337) (35,328,318) (35,328,312) (38,758,812) (3,430,499)9.7% (31,677) (38,790,489) (3,462,177)9.8%
A_32400AB By-Law Charges & Sales (13,743,584) (11,128,925) (14,588,064) (11,609,056) 2,979,008 (20.4%)- (11,609,056) 2,979,008 (20.4%)
A_34950AB Other Revenue (4,924,221) (4,457,566) (4,430,915) (5,190,883) (759,968)17.2%- (5,190,883) (759,968)17.2%
A_75000AC Transfers From Funds (521,831) (1,511,455) (580,000) (1,203,474) (623,474)107.5% (400,179) (1,603,653) (1,023,653)176.5%
Gross Revenue Subtotal (53,791,973) (52,426,265) (54,927,291) (56,762,224) (1,834,934)3.3% (431,856) (57,194,080) (2,266,790)4.1%
Net Expenditure (revenue) before indirect allocations (3,992,550) (1,112,378) (2,361,269) (2,404,980) (43,711)1.9% (31,677) (2,436,657) (75,388)3.2%
A_70000AC Indirect Allocation 1,510,714 1,469,787 1,489,826 1,467,083 (22,743)(1.5%)31,677 1,498,760 8,934 0.6%
A_70200AC Capital Financing Allocation 931,063 901,325 871,443 937,897 66,454 7.6%-937,897 66,454 7.6%
Allocation Subtotal 2,441,776 2,371,112 2,361,269 2,404,980 43,711 1.9%31,677 2,436,657 75,388 3.2%
Net Expenditure (revenue) after indirect allocations (1,550,774)1,258,734 -0 0 --0 0 -
FTE - Reg 32.0 32.0 -2.0 34.0 2.0
FTE - Temp 2.2 3.2 1.0 (2.0)1.2 (1.0)
CSD 70‐2019
Appendix 1 - REVISED
November 28, 2019
Page 345 of 377
CSD 70‐2019
Appendix 2 - Revised
November 28, 2019
Increase/
(Decrease)
($000)
%
Increase/
(Decrease)
Taxable
Assessment
Growth (%)
Net Increase/
(Decrease)
(%)
Fort Erie 2,677$ 2,946$ 269$ 10.05% 1.48%8.57%
Grimsby 1,850$ 2,150$ 300$ 16.23% 1.72% 14.52%
Lincoln 1,602$ 1,765$ 163$ 10.18% 2.44% 7.73%
Niagara Falls 6,930$ 7,595$ 664$ 9.59% 1.13% 8.45%
Niagara‐on‐the‐Lake*1,545$ 1,678$ 133$ 8.60% 1.00% 7.60%
Pelham 1,205$ 1,368$ 164$ 13.59% 2.70% 10.89%
Port Colborne 1,771$ 1,941$ 170$ 9.58% 0.59% 8.99%
St. Catharines 10,873$ 11,782$ 909$ 8.36% 0.12% 8.24%
Thorold 1,476$ 1,651$ 175$ 11.89% 2.74% 9.15%
Wainfleet 547$ 599$ 52$ 9.42% 1.32% 8.10%
Welland 3,964$ 4,343$ 379$ 9.55% 3.86% 5.69%
West Lincoln 888$ 973$ 85$ 9.55% 2.60% 6.96%
Total 35,328$ 38,790$ 3,462$ 9.80% 1.42% 8.38%
* NOTL assessment growth value on increase in residential units NOT CVA (as per NOTL requisition methodology).
* Total taxable assessment growth percentage of 1.42% represents Niagara forecasted growth for 2019 as of November 6, 2019
Increase/
(Decrease)
% Increase/
(Decrease)
Fort Erie 109 0.70%
Grimsby 499 4.67%
Lincoln 81 0.88%
Niagara Falls 390 1.03%
Niagara‐on‐the‐Lake 85 1.00%
Pelham 119 1.71%
Port Colborne 19 0.18%
St. Catharines 170 0.28%
Thorold 104 1.24%
Wainfleet 16 0.50%
Welland 117 0.50%
West Lincoln 57 1.07%
Total 1,766 0.89%200,757
5,342
198,991
Residential Units
2019
Budget
Residential Units
2020
Budget
15,697
11,175
9,305
38,306
8,605
7,064
10,304
59,879
8,510
3,220
23,293
5,399
Appendix 2
Change in Residential Units ‐ 2020 Budget over 2019 Budget
Municipality
Difference
15,588
10,676
9,224
37,916
8,520
6,945
10,285
59,709
8,406
3,204
23,176
Proposed 2020 Requisition by Municipality
Growth Impact %
Municipality
2020
Requisition
($000)
2019
Charges
($000)
Difference
Page 346 of 377
CSD 70‐2019
Appendix 2 ‐ REVISED
November 28, 2019
Increase/
(Decrease)
($000)
%
Increase/
(Decrease)
Taxable
Assessment
Growth (%)
Net Increase/
(Decrease)
(%)
Fort Erie 2,677$ 2,951$ 275$ 10.27% 1.48% 8.79%
Grimsby 1,850$ 2,119$ 269$ 14.56% 1.72% 12.85%
Lincoln 1,602$ 1,769$ 166$ 10.39% 2.44% 7.95%
Niagara Falls 6,930$ 7,610$ 679$ 9.80% 1.13% 8.67%
Niagara‐on‐the‐Lake*1,545$ 1,681$ 136$ 8.81% 1.00% 7.81%
Pelham 1,205$ 1,342$ 137$ 11.36% 2.70% 8.66%
Port Colborne 1,771$ 1,945$ 174$ 9.80% 0.59% 9.21%
St. Catharines 10,873$ 11,807$ 934$ 8.59% 0.12% 8.47%
Thorold 1,476$ 1,641$ 165$ 11.22% 2.74% 8.48%
Wainfleet 547$ 600$ 53$ 9.64% 1.32% 8.32%
Welland 3,964$ 4,352$ 388$ 9.78% 3.86% 5.92%
West Lincoln 888$ 974$ 86$ 9.68% 2.60% 7.08%
Total 35,328$ 38,790$ 3,462$ 9.80% 1.42% 8.38%
* NOTL assessment growth value on increase in residential units NOT CVA (as per NOTL requisition methodology).
* Total taxable assessment growth percentage of 1.42% represents Niagara forecasted growth for 2019 as of November 6, 2019
Increase/
(Decrease)
% Increase/
(Decrease)
Fort Erie 109 0.70%
Grimsby 499 4.67%
Lincoln 81 0.88%
Niagara Falls 390 1.03%
Niagara‐on‐the‐Lake 85 1.00%
Pelham 119 1.71%
Port Colborne 19 0.18%
St. Catharines 170 0.28%
Thorold 104 1.24%
Wainfleet 16 0.50%
Welland 117 0.50%
West Lincoln 57 1.07%
Total 1,766 0.89%
15,588
10,676
9,224
37,916
8,520
6,945
10,285
59,709
8,406
3,204
23,176
5,399
Appendix 2 ‐ REVISED
Change in Residential Units ‐ 2020 Budget over 2019 Budget
Municipality
Difference
Proposed 2020 Requisition by Municipality
Growth Impact %
Municipality
2020
Requisition
($000)
2019
Charges
($000)
Difference
200,757
5,342
198,991
Residential Units
2019
Budget
Residential Units
2020
Budget
15,697
11,175
9,305
38,306
8,605
7,064
10,304
59,879
8,510
3,220
23,293
Page 347 of 377
CSD 70‐2019Appendix 3 - REVISED November 28, 2019MonthlyCVA3WM taxes CVA3WM taxes $ % $Fort Erie210,015 138.97$ 214,712 150.73$ 11.76$ 8.46% 0.98$ Grimsby382,289 146.09$ 402,891 166.50$ 20.41$ 13.97% 1.70$ Lincoln354,651 150.61$ 370,494 162.02$ 11.41$ 7.58% 0.95$ Niagara Falls246,816 125.52$ 256,262 135.85$ 10.34$ 8.24% 0.86$ Niagara‐on‐the‐Lake2Pelham348,986 157.03$ 365,439 176.47$ 19.44$ 12.38% 1.62$ Port Colborne199,310 167.73$ 204,313 182.37$ 14.64$ 8.73% 1.22$ St. Catharines252,106 159.90$ 259,659 172.44$ 12.55$ 7.85% 1.05$ Thorold231,911 133.21$ 238,276 144.88$ 11.67$ 8.76% 0.97$ Wainfleet255,870 143.97$ 265,652 154.80$ 10.82$ 7.52% 0.90$ Welland208,841 157.09$ 214,538 165.72$ 8.63$ 5.49% 0.72$ West Lincoln300,968 133.22$ 315,157 142.13$ 8.91$ 6.69% 0.74$ 12020 draft WM rates based on 2019 tax policy and 2020 draft requisition amounts.2NOTL charge to residents based on fixed household amount.32019 and 2020 average CVA based on MPAC phased‐in assessment increase for the municipality.2020 Draft 1Annual Increase/(Decrease)Municipality2019 FinalAppendix 3 ‐ 2020 WM Requisition For Typical Residential Property by MunicipalityPage 348 of 377
CSD 70‐2019Appendix 3 ‐ REVISEDNovember 28, 2019MonthlyCVA3WM taxesCVA3WM taxes $ % $Fort Erie 210,015 138.97$ 214,712 151.03$ 12.06$ 8.68% 1.00$ Grimsby382,289 146.09$ 402,891 164.11$ 18.02$ 12.34% 1.50$ Lincoln354,651 150.61$ 370,494 162.34$ 11.73$ 7.79% 0.98$ Niagara Falls246,816 125.52$ 256,262 136.12$ 10.61$ 8.45% 0.88$ Niagara‐on‐the‐Lake2Pelham348,986 157.03$ 365,439 173.01$ 15.98$ 10.17% 1.33$ Port Colborne 199,310 167.73$ 204,313 182.73$ 15.00$ 8.94% 1.25$ St. Catharines252,106 159.90$ 259,659 172.44$ 12.55$ 7.85% 1.05$ Thorold231,911 133.21$ 238,276 144.00$ 10.79$ 8.10% 0.90$ Wainfleet255,870 143.97$ 265,652 155.10$ 11.13$ 7.73% 0.93$ Welland208,841 157.09$ 214,538 166.06$ 8.98$ 5.71% 0.75$ West Lincoln300,968 133.22$ 315,157 142.29$ 9.07$ 6.81% 0.76$ 12020 draft WM rates based on 2019 tax policy and 2020 draft requisition amounts.2NOTL charge to residents based on fixed household amount.32019 and 2020 average CVA based on MPAC phased‐in assessment increase for the municipality.2020 Draft 1Annual Increase/(Decrease)Municipality2019 FinalAppendix 3 ‐ 2020 WM Requisition For Typical Residential Property by Municipality ‐ REVISEDPage 349 of 377
Bill No. 2019-96 Authorization Reference: BRCOTW 9-2019
Minute Item 5.2
Page 1 of 1
THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. 2019-96
A BY-LAW TO ADOPT THE 2020 WASTE MANAGEMENT
BUDGET FOR THE REGIONAL MUNICIPALITY OF
NIAGARA
WHEREAS subsection 289 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
requires that an upper-tier municipality shall in each year prepare and adopt a budget;
and,
WHEREAS the Council of the Regional Municipality of Niagara adopted its 2020 Waste
Management Budget as described herein.
NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as
follows:
1.That the 2020 Waste Management Gross Operating Budget of $57,225,193 and
Net Operating Budget of $38,821,604 be and hereby is adopted.
2.That this by-law shall come into force and effect on the day upon which it is passed.
THE REGIONAL MUNICIPALITY OF NIAGARA
James Bradley, Regional Chair
Ann-Marie Norio, Regional Clerk
Passed: December 12, 1996
Page 350 of 377
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Page 351 of 377
The City of Niagara Falls, Ontario
Resolution
January 28, 2020
No: _________
Moved by:
Seconded by:
WHEREAS subsection 51(45) of the Planning Act, 1990 R.S.O requires a written notice
of a change made to the conditions of approval of a plan of condominium by an
approval authority; and
WHEREAS notwithstanding the requirement for the written notice for a change to the
conditions of approval of a plan of condominium, subsection 51(47) of the Planning Act ,
1990 R.S.O allows a municipality to deem such requested changes minor by passing a
resolution; and
WHEREAS Imagine Townhomes GP Inc. has requested Council to consider passing a
resolution that would deem the change to the conditions of approval of the Plan of
Vacant Land Condominium for the north-west corner of Kalar Road and Mulberry Drive
(26CD-11-2018-004), hereinafter known as “plan of condominium”, minor and not
require circulation of a written notice; and
WHEREAS Council determined that the proposed change to the conditions of approval
of the plan of condominium would permit Imagine Townhomes GP Inc. to increase the
number of condominium units from 39 to 41.
THEREFORE BE IT RESOLVED that subject to subsection 51(47) of the Planning Act,
1990 R.S.O Council deems the change in the conditions of approval of the plan of
condominium minor and exempts the requirement for circulating a written notice.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
ACTING CITY CLERK MAYOR
S:\SUBDIVIS\PCONDO\Imagine Homes GP Inc\Block 88\Resolution to Council.docx
Page 352 of 377
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2020 -
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Parking Prohibited, Stop Signs at
Intersections, Heavy Vehicle Restriction)
---------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No. 89-2000, as amended, is hereby further amended
(a) by adding to the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Sarah Street Both Main Street and the eastern terminus At All Times
Of Sarah Street
Ussher Street East Sarah Street and Chipman Crescent At All Times
Chipman Crescent West Sarah Street and Cattell Drive At All Times
Parkway Drive East Callan Street and Cattell Drive At All Times
Breadner Crescent West Parkway Drive (North) and Parkway At All Times
Drive (South)
Ferguson Street South River Road and a point 33 metres west At All Times
of River Road
Page 353 of 377
(b) by removing from the specified columns of Schedule C thereto the following item:
PARKING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Ferguson Street South River Road and a point 10 metres At All Times
West of River Road
(c) by adding to the specified columns of Schedule P thereto the following item:
STOP SIGNS AT INTERSECTIONS
COLUMN 1
INTERSECTION
COLUMN 2
FACING TRAFFIC
Glengowan Crescent at Brady Street/Fairway Road Westbound motorists on Glengowan Crescent
(d) by adding to the specified columns of Schedule S thereto the following item:
HEAVY VEHICLE RESTRICTION
COLUMN 1
HIGHWAY
COLUMN 2
BETWEEN
COLUMN 3
TIMES/DAYS
Fingland Street Drummond Road and Morrison Street At All Times
Page 354 of 377
This By-law shall come into force when the appropriate signs are installed.
Passed this twenty-eighth day of January, 2020.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: January 28, 2020
Second Reading: January 28, 2020
Third Reading: January 28, 2020
Page 355 of 377
CITY OF NIAGARA FALLS
By-law No. 2020 -
A by-law to designate Part of Block 92 on 59M-395, designated as Part 2 on 59R-14751,
not be subject to part-lot control (PLC-2019-004).
WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the
council of a local municipality may by by-law designate lands that would otherwise be
subject to part-lot control, not be subject to such part-lot control;
AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act
to be approved by the appropriate approval authority, that being the Regional Municipality
of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the
City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97;
AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law
No. 2006-205 to permit detached dwellings;
AND WHEREAS the owner of the said lands proposes to divide Part of Block 92 on 59M-
395, designated as Part 2 on 59R-14751, into 3 parcels to be sold separately;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it
expedient to designate that the said lands not be subject to part-lot control.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Part of Block
92 on 59M-395, designated as Part 2 on 59R-14751, in the City of Niagara Falls,
in the Regional Municipality of Niagara.
2. This by-law shall remain in full force and effect for two years from the date of
passage of this by-law, after which time this by-law shall expire and be deemed to
be repealed and of no effect.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 28th day of January, 2020.
.......................................................................... ...................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\PART LOT CONTROL\2019\PLC-004\By-law.docx
Page 356 of 377
CITY OF NIAGARA FALLS
By-law No. 2020 -
A by-law to authorize the execution of an Agreement of Purchase and Sale with Walker
Aggregates Inc. as Purchaser and The Corporation of the City of Niagara Falls as Vendor,
for the sale of certain lands located in the City of Niagara Falls, legally described as Road
Allowance between Township Lot 120 & 136 Stamford (Closed by Bylaw SN356642),
and, Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Upper’s
Lane lying between Thorold Townline Road & Beechwood Road.
WHEREAS By-Law No. 2003-16, as amended by 2005-123, establishes a policy for the
sale of land owned by The Corporation of the City of Niagara Falls (the “Policy”);
WHEREAS Report L-2012-19 was considered and approved as recommended by City
Council at its meeting held on September 11, 2012, and the lands legally described as
the Road Allowance between Township Lots 120 & 136 Stamford (Closed by Bylaw
SN356642) was closed by By-Law No. 2012-075 and declared surplus by By-law No.
2012-076;
WHEREAS Report L-2019-21 was considered and approved as recommended by City
Council at its meeting held on October 22, 2019 and the lands legally described as Part
Township Lot 119 Stamford; Part Township Lot 12 Stamford being Upper’s Land lying
between Thorold Townline Road & Beechwood Road was closed by By-Law 2019-114
and declared surplus by By-law No. 2019-111; and
WHEREAS Report L-2019-17 was considered and approved as recommended by City
Council at its meeting held on October 22, 2019, and the lands legally described as Part
Township Lot 119 Stamford; Part Township Lot 120 Stamford being Upper’s Lane lying
between Thorold Townline Road & Beechwood Road be sold to Walker Aggregates at
the price identified in the Report, and, that the Road Allowance between Township Lots
120 & 136 Stamford be sold to Walker Aggregates at the price identified in the Report
and that the sale of the two parcels be conditional upon: the lands conveyed being merged
in title with the abutting lands, and, the purchaser acquiring both parcels of land.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The entry into an Agreement of Purchase and Sale with Walker Aggregates Inc.
as Purchaser in the amount of $300,400.00 for the lands legally described as Road
Allowance between Township Lot 120 & 136 Stamford (Closed by Bylaw
SN356642), and, Part Township Lot 119 Stamford; Part Township Lot 120
Stamford being Upper’s Lane lying between Thorold Townline Road & Beechwood
Road, in a form satisfactory to the City Solicitor as attached hereto, is approved
and authorized.
2. The Mayor and City Clerk are hereby authorized to execute the Agreement of
Purchase and Sale.
Page 357 of 377
2
3. The City Clerk is hereby authorized to affix the corporate seal thereto and to deliver
the said Agreement of Purchase and Sale.
4. The City Solicitor, or in her absence, the Chief Administrative Officer or his
designate, is authorized and directed to execute all other documentation
necessary to complete the transaction, and to affix the corporate seal thereto.
5. That the City Clerk is authorized to effect any minor modifications, corrections or
omissions, solely of an administrative, numerical, grammatical, semantical or
descriptive nature to this by-law or its schedules after the passage of this by-law.
Read a First, Second and Third time; passed, signed and sealed in open Council
this twenty-eighth day of January, 2020.
................................................................ ................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 358 of 377
AGREEMENT OF PURCHASE AND SALE
THIS AGREEMENT is dated for reference as of January 28, 2020.
BETWEEN:
THE CORPORATION OF THE CITY OF NIAGARA FALLS
(the “Vendor”),
- and -
WALKER AGGREGATES INC.
(collectively, the “Purchaser”),
RECITAL:
A. The Vendor and Purchaser have agreed to enter into this Agreement to set forth
the terms whereby the Purchaser has agreed to purchase, and the Vendor has
agreed to sell, the Property.
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth
in this Agreement and the non-refundable sum of Ten ($10.00) Dollars paid by the
Purchaser to the Vendor and for other good and valuable consideration (the receipt and
sufficiency of which is hereby acknowledged), the parties agree as follows:
ARTICLE 1
INTERPRETATION
1.1 Definitions
(1) The terms defined herein shall have, for all purposes of this Agreement, the
following meanings, unless the context expressly or by necessary implication
otherwise requires:
(a) “Closing” means the closing and consummation of the agreement of
purchase and sale for the Property, including without limitation the payment
of the Purchase Price and the delivery of the Closing Documents, on the
Closing Date at the Vendor’s office.
(b) “Closing Date” means the transaction shall be completed by no later than
5:00 p.m. on the 27th day of April, 2020, (or as otherwise mutually agreed
by the parties), on which date vacant possession of the Property shall be
given to the Purchaser.
(c) “Closing Documents” means the agreements, instruments and other
documents to be delivered by the Vendor to the Purchaser pursuant to
Page 359 of 377
2
Section 5.1 and the agreements, instruments and other documents to be
delivered by the Purchaser to the Vendor pursuant to Section 5.2.
(d) “Deposit” has the meaning assigned in Section 3.1.
(e) “DRA” has the meaning assigned in Section 5.4.
(f) “Encumbrances” means all mortgages, pledges, charges, liens, prior liens,
debentures, hypothecs, trust deeds, assignments by way of security,
security interests, conditional sales contracts or other title retention
agreements or similar interests or instruments charging, or creating a
security interest in, or against title to, the Property or any part thereof or
interest therein, and any agreements, leases, options, easements, rights of
way, servitudes, restrictions, executions or other charges or encumbrances
(including notices or other registrations in respect of any of the foregoing)
against title to the Property or any part thereof or interest therein.
(g) “Execution Date” means the date identified at the top of page 1 of this
Agreement.
(h) “HST” means the goods and services tax and/or the harmonized sales tax
payable pursuant to the Excise Tax Act (Canada), as amended from time
to time.
(i) “HST Undertaking” has the meaning assigned in Section 5.3.
(j) “Notice” has the meaning assigned in Section 7.14.
(k) “Permitted Encumbrances” means the Encumbrances listed in Schedule
“B”.
(l) “Person” means an individual, partnership, corporation, trust,
unincorporated organization, government, or any department or agency
thereof, and the successors and assigns thereof or the heirs, executors,
administrators or other legal representatives of an individual.
(m) “Property” means the lands and premises legally described in Schedule
“A”.
(n) “Purchase Price” means Three Hundred Thousand Four Hundred Dollars
($300,400.00), plus HST, and as further described in Section 3.2.
(o) “Purchaser’s Solicitors” means Lancaster, Brooks & Welch LLP.
(p) “Requisition Date” means that day which is five (5) days prior to the Closing
Date, provided that if such day is not a business day in Ontario, the
Requisition Date shall be the next following business day.
Page 360 of 377
3
(q) “Survival Period” has the meaning assigned in Section 6.5(1).
(r) “Third Party Easements” has the meaning assigned in Section 2.4(1).
(s) “Transaction” means the purchase and sale of the Property provided for in
this Agreement.
ARTICLE 2
AGREEMENT OF PURCHASE AND SALE
2.1 Purchase and Sale of the Property
(1) Upon and subject to the terms and conditions of this Agreement, the Vendor will
sell and the Purchaser will purchase the Property in consideration of the payment
of the Purchase Price. This Agreement shall be completed on the Closing Date at
the offices of the Vendor in the City of Niagara Falls, subject to real property
registrations being electronically effected in the appropriate land registry office.
2.2 Binding Agreement
(1) The agreements of the Vendor and the Purchaser described in Section 2.1 create
and constitute a binding agreement of purchase and sale for the Property in
accordance with the provisions of this Agreement.
2.3 Acknowledgement of Purchaser as to Condition of Property
(1) Subject to the representations and warranties as provided by Section 6.2, the
Purchaser acknowledges and agrees that:
(a) on Closing, title to the Property shall be subject to the Permitted
Encumbrances;
(b) in entering into this Agreement, the Purchaser has relied and will continue
to rely upon its own inspections and investigations with respect to the
Property; and
(c) the Property is being purchased and assumed by the Purchaser on an “as
is, where is” basis as of the Closing Date without regard for the property’s
condition and state of repair, including, but not limited to, any environmental
conditions, any outstanding work orders or deficiency notices, and, the
locations or any and all structures, walls, retaining walls or fences
(freestanding or otherwise) or encroachment by buildings or fences or
otherwise on the subject property or adjoining properties or streets.
(2) The Vendor shall have no obligations or responsibilities to the Purchaser after
Closing with respect to any matter relating to the Property or the condition thereof
save as otherwise expressly provided in this Agreement. This Section 2.3 shall
survive Closing.
Page 361 of 377
4
2.4 Easements
(1) At any time before Closing, the Vendor shall register easements burdening the
Property in favour of any one or more of the following entities for the purposes of
installing, repairing, operating, maintaining, and replacing utility pipes, lines, cables
or other infrastructure relating to the distribution or provision of water, gas,
electricity or telecommunications (the “Third Party Easements”):
(a) Niagara Peninsula Energy Inc.;
(b) Hydro One Networks Inc.; and/or
(c) Any affiliates of the above.
(2) The Third Party Easements shall be in such locations as the owners of the
dominant tenement reasonably request, to be shown on a draft reference plan prior
to same being deposited on title to the Property. The Purchaser, Vendor and
owners of the dominant tenements shall agree upon the terms, schedule and forms
of the Third Party Easements prior to registration.
ARTICLE 3
PURCHASE PRICE
3.1 Deposit
(1) Within two (2) Business Days after the Purchaser has received a copy of this
Agreement executed by Vendor, the Purchaser shall pay ten (10%) percent of the
Purchase Price by bank draft or certified cheque to the Vendor (or as the Vendor
may otherwise direct) to be held by the Vendor as a deposit (the “Deposit”). The
Vendor may invest the Deposit in an interest bearing bank account at its sole
discretion. Any interest earned on the Deposit shall be for the account of the
Purchaser.
(2) If the Transaction is not completed for any reason except the default of the
Purchaser, the Deposit and any accrued interest shall be returned to the Purchaser
within five (5) Business Days, in addition to all other remedies available to the
Purchaser at law or in equity if the Transaction is not completed as a result of
default by the Vendor. If the Transaction is not completed as a result of default by
the Purchaser, then the Vendor shall be entitled to retain the Deposit and accrued
interest as liquidated damages in addition to all other rights and remedies of the
Vendor at law or in equity. If the Transaction is completed, then forthwith after
Closing the Vendor shall release any interest accrued on the Deposit to the
Purchaser.
3.2 Acreage Adjustment
(1) The Purchase Price has been calculated on a basis that the Property contains 7.51
acres at a price of Forty Thousand Dollars ($40,000.00) per acre. In the event that
Page 362 of 377
5
the acreage of the Property is more or less than 7.51 acres, the parties agree that
the Purchase Price shall be adjusted accordingly.
3.3 Payment of Purchase Price
(1) The Purchase Price shall be paid by the Purchaser to the Vendor as follows:
(a) The Deposit shall be paid in accordance with Section 3.1.
(b) The balance of the Purchase Price shall be paid by bank draft, certified
cheque or wire transfer on the Closing Date. The Purchase Price shall not
be subject to adjustments, except as expressly permitted in this Agreement.
ARTICLE 4
CONDITIONS
4.1 Conditions in Favour of Vendor
(1) The obligation of the Vendor to complete the Transaction shall be subject to the
following conditions:
(a) on Closing, title to the Property shall be conveyed in a manner which causes
title to be merged with the following abutting properties currently owned by
the Purchaser and legally described in PINs 64265-0015 (LT), 64265-0016
(LT), 64265-0741 (LT), 64265-0022 (LT) and 64265-0021 (LT);
(b) on Closing, the Purchaser is to provide its undertaking to erect “Private
Road – No Trespassing” signs at the entrance to Upper’s Lane from
Beechwood Road within ten (10) days after Closing.
(c) on Closing, the Purchaser is to provide its undertaking to erect “Private
Driveway – No Trespassing” signs at the entrance to Upper’s Lane from
Thorold Townline Road within ten (10) days after Closing.
(d) on Closing, the Purchaser is to provide its undertaking to place an
appropriate barrier at the entrance of the former Upper’s Lane off of
Beechwood Road which prevent the public from entering the former Upper’s
Lane within ten (10) days after Closing.
(e) on Closing, all of the terms, covenants and conditions of this Agreement to
be complied with or performed by the Purchaser shall have been complied
with or performed in all material respects; and
(f) on Closing, the representations and warranties of the Purchaser set out in
Section 6.4 shall be true and accurate in all material respects.
Page 363 of 377
6
(2) The conditions in Section 4.1 are for the benefit of the Vendor and may be waived
in whole or in part by the Vendor by Notice to the Purchaser prior to the applicable
date for the satisfaction of each such condition.
4.2 Conditions in Favour of Purchaser
(1) The obligation of the Purchaser to complete the Transaction shall be subject to the
following conditions:
(a) on Closing, all of the terms, covenants and conditions of this Agreement to
be complied with or performed by the Vendor shall have been complied with
or performed in all material respects; and
(b) on Closing, the representations and warranties of the Vendor in Section 6.3
shall be true and accurate in all material respects.
(2) The conditions in Section 4.2 are for the benefit of the Purchaser, and may be
waived in whole or in part by the Purchaser by Notice to the Vendor prior to the
applicable date for the satisfaction of each such condition.
4.3 Non-Satisfaction of Conditions
(1) If any of the conditions in Section 4.1 is not satisfied or waived on or before the
applicable date/time, this Agreement shall be deemed to be terminated, null and
void and of no further force or effect whatsoever and each of the Vendor and
Purchaser shall be released from all liabilities and obligations under this
Agreement unless any such condition has not been satisfied as a result of a default
by the Purchaser, and save and except for those provisions which expressly
survive termination of this Agreement.
(2) If any of the conditions in Section 4.2 is not satisfied or waived on or before the
applicable date/time, this Agreement shall be deemed to be terminated, null and
void and of no further force or effect whatsoever, the Deposit and any interest
earned thereon shall be returned to the Purchaser and each of the Vendor and
Purchaser shall be released from all liabilities and obligations under this
Agreement unless any such condition has not been satisfied as a result of a default
by the Vendor, and save and except for those provisions which expressly survive
termination of this Agreement.
4.4 Title Requisitions
(1) If, prior to the Requisition Date, the Purchaser delivers to the Vendor in writing any
valid and material objection or requisition regarding the title of the Property and
which the Vendor is unable or unwilling to satisfy and which the Purchaser will not
waive, then this Agreement shall be null and void and of no further force or effect
(except as expressly provided herein), and the Deposit and any accrued interest
shall be returned to the Purchaser. Save for any requisitions made by such date
and any requisitions made thereafter going to the root of title, the Purchaser shall
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7
be deemed to have accepted the state of the Vendor’s title to the Property.
Notwithstanding the foregoing, the Purchaser acknowledges and agrees that title
to the Property will be subject to the Permitted Encumbrances and the Purchaser
agrees to accept title to the Property subject to Permitted Encumbrances.
ARTICLE 5
CLOSING DOCUMENTS
5.1 Vendor’s Closing Documents
(1) On or before Closing, subject to the provisions of this Agreement, the Vendor shall
prepare and execute or cause to be executed and shall deliver or cause to be
delivered to the Purchaser the following:
(a) Transfer/Deed relating to the Property in favour of the Purchaser, in
registerable form, and containing the statements of the Vendor and
Vendor’s Solicitor under Section 50(22) of the Planning Act;
(b) a statement of adjustments, if applicable;
(c) a direction as to the payee or payees of the Purchase Price;
(d) a certificate pursuant to Section 116 of the Income Tax Act of Canada in
respect of the Transaction; and
(e) all other conveyances and documents which are required and which the
Purchaser has reasonably requested on or before the Closing Date to give
effect to the proper transfer, assignment and conveyance by the Vendor to
the Purchaser of the Property, free and clear of all Encumbrances other
than the Permitted Encumbrances.
5.2 Purchaser’s Closing Documents
(1) On or before Closing, subject to the provisions of this Agreement, the Purchaser
shall execute or cause to be executed and shall deliver or cause to be delivered to
the Vendor the following:
(a) the balance of the Purchase Price in accordance with Section 3.3;
(b) the HST Undertaking;
(c) an acknowledgement confirming the provisions of Section 2.3;
(d) a Purchaser’s Undertaking in accordance with Section 4.1(1)(b), (c) and (d);
and
(e) all other documents which the Vendor reasonably requests to give effect to
the proper transfer, assignment and conveyance by the Vendor to the
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8
Purchaser of the Property, free and clear of all Encumbrances other than
the Permitted Encumbrances.
5.3 Registration and Other Costs
(1) The Purchaser shall be responsible for and shall pay any land transfer tax payable
on the transfer of the Property, all registration fees payable in respect of
registration by it of any documents on Closing (other than discharges of
Encumbrances which are required to be made by the Vendor, which shall be the
responsibility of the Vendor) and all federal and provincial sales and other taxes
payable by a purchaser upon or in connection with the conveyance or transfer of
the Property, including provincial retail sales tax and HST; provided, however, that
the Purchaser shall not be required to pay HST to the Vendor on Closing if it
delivers an undertaking from the ultimate beneficial purchaser of the Property to
remit HST in accordance with applicable legislation, confirmation that it is a
“registrant” under the Excise Tax Act (Canada) prior to Closing (the “HST
Undertaking”).
(2) The Purchaser shall be responsible for the costs incurred by the Vendor for any
land value appraisal reports or reference plans (including the cost of depositing a
reference plan on title to the Property, if applicable) commissioned by the Vendor
and reasonably relating to the entering into of this Agreement and/or the
completion of the Transaction, including, but not limited to, the cost to advertise
the public notices for the road closures and to declare the lands surplus. Such
costs may be recovered from the Purchaser as an adjustment on Closing. In the
event an appraisal report or reference plan commissioned by the Vendor relates
to lands additional to the Property, the parties shall act reasonably to mutually
agree upon the cost attributable to the Property.
5.4 Escrow Closing and Registration
(1) The Vendor and Purchaser covenant and agree to cause their respective solicitors
to enter into a document registration agreement (the “DRA”) in the form
recommended by the Law Society of Ontario to govern the electronic submission
of the transfer/deed for the Property located within the Province of Ontario to the
applicable land registry office.
ARTICLE 6
REPRESENTATIONS, WARRANTIES AND COVENANTS
6.1 No Environmental Warranties and Representations
(1) The Purchaser acknowledges that The Corporation of the City of Niagara Falls
makes no warranties or representations of any nature or kind that the property is
free of environmental contamination, risks and/or hazards.
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9
6.2 Future Use
(1) The Vendor and Purchaser agree that there are no representations or warranties
of any kind that the future intended use of the Property by the Purchaser is or will
be lawful except as may be specifically provided for in this Agreement.
(2) The Purchaser acknowledges and agrees that the Vendor is under no obligation
by virtue of sale of the Property to the Purchaser to grant any approvals, including
approvals for changes to The Corporation of the City of Niagara Falls’ Official Plan
or Comprehensive Zoning By-Law, or with respect to site plan control, minor
variances, building permits or to support approvals required by any other approval
authority, which may be necessary for any contemplated use of the Property by
the Purchaser.
6.3 Vendor’s Representations
(1) The Vendor represents and warrants to and in favour of the Purchaser that:
(a) it is a corporation in good standing and existing under the laws of the
Province of Ontario and has the power, authority, right and capacity to own
the Property, enter into, execute and deliver this Agreement and the
documents contemplated herein, and to carry out the Transaction, on the
terms and conditions herein contained;
(b) the agreement of purchase and sale constituted on the execution and
delivery of this Agreement, the obligations of the Vendor in the Agreement,
and the documents contemplated herein, have been duly authorized by the
municipal council of The Corporation of the City of Niagara Falls (“Council”)
and constitute legal, valid and binding obligations of it enforceable against
the Vendor in accordance with their terms; and
(c) it is not a non-resident of Canada within the meaning of Section 116 of the
Income Tax Act (Canada).
6.4 Purchaser’s Representations
(1) The Purchaser represents and warrants to and in favour of the Vendor that, as of
the date of this Agreement and as of the Closing Date:
(a) it is a corporation in good standing and existing under the laws of the
Province of Ontario and has the power, authority, right and capacity to enter
into, execute and deliver this Agreement and the documents contemplated
herein, and to carry out the Transaction, on the terms and conditions herein
contained;
(b) there is no action or proceeding pending or, to the Purchaser’s knowledge,
threatened against the Purchaser before any court, arbiter, arbitration
panel, administrative tribunal or agency, which, if decided adversely to the
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10
Purchaser, might materially affect the Purchaser’s ability to perform its
obligations under this Agreement; and
(c) the Purchaser has no knowledge that any person associated with the
Vendor has any direct or indirect interest in this transaction.
6.5 Survival of Representations
(1) The representations, warranties and certifications contained in this Agreement or
in any Closing Documents shall not merge on Closing but shall survive for a period
of six (6) months after the Closing Date (the “Survival Period”). The party that has
received a representation, warranty or certification, whether in this Agreement or
in any Closing Document, shall give written notice to the other party of each breach
of the representation, warranty or certification and the details thereof, promptly
after becoming aware of the breach and no later than 5:00 p.m. on the expiry date
of the Survival Period.
ARTICLE 7
GENERAL
7.1 Confidentiality
(1) The Purchaser shall keep in strict confidence all information obtained with respect
to the Property, including the existence of this Agreement. Notwithstanding the
foregoing, the Purchaser may disclose all information obtained with respect to the
Property to its consultants or potential lenders as long as such consultants and
potential lenders agree to keep the information confidential. If the Transaction is
not completed for any reason, the Purchaser shall promptly return to the Vendor
all documents, information and materials relating to the Property delivered to the
Purchaser by or on behalf of the Vendor and shall keep in confidence all such
documents, information and materials obtained and all discussions between the
Vendor and the Purchaser with respect to the Property.
7.2 Non-Fettering Clause
(1) Nothing in this Agreement shall be construed, interpreted or deemed to limit or
fetter the jurisdiction, authority or rights at law of the Vendor in its capacity as a
municipality and any decision of the Council or Vendor, in its capacity as a
municipality, shall not be deemed as contrary to the Vendor’s obligations to the
Purchaser under this Agreement. The Purchaser acknowledges that it will not
obtain any advantageous planning or other consideration or treatment by virtue of
it having entered into this Agreement or by virtue of the existence of this
Agreement.
7.3 Gender and Number
(1) Words importing the singular include the plural and vice versa. Words importing
gender include all genders.
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7.4 Headings
(1) The headings in this Agreement are for reference only and in no way affect this
Agreement or its interpretation.
7.5 Applicable Law
(1) This Agreement shall be construed and enforced in accordance with the laws of
the Province of Ontario and the laws of Canada applicable thereto and shall be
treated in all respects as an Ontario contract.
7.6 Invalidity
(1) If any immaterial covenant, obligation, agreement or part thereof or the application
thereof to any person or circumstance, to any extent, shall be invalid or
unenforceable, the remainder of this Agreement or the application of such
covenant, obligation or agreement or part thereof to any person, party or
circumstance other than those to which it is held invalid or unenforceable shall not
be affected thereby. Each covenant, obligation and agreement in this Agreement
shall be separately valid and enforceable to the fullest extent permitted by law.
7.7 Amendment of Agreement
(1) No supplement, modification, waiver or termination (other than a termination
pursuant to Article 4 of this Agreement) shall be binding unless executed in writing
by the parties in the same manner as the execution of this Agreement or by their
respective solicitors who may be specifically authorized in that regard.
7.8 Time of the Essence
(1) Time shall be of the essence of this Agreement.
7.9 Entire Agreement
(1) This Agreement and any agreements, instruments and other documents
contemplated to be entered into between, by or including the parties constitute the
entire agreement between the parties pertaining to this Agreement and supersede
all prior agreements, understandings, negotiations and discussions, whether oral
or written, with respect thereto, and there are no other warranties or
representations and no other agreements between the parties in connection with
the agreement of purchase and sale provided for except as specifically set forth in
this Agreement or the Schedules.
7.10 Waiver
(1) No waiver of any of the provisions of this Agreement shall be deemed or shall
constitute a waiver of any other provision (whether or not similar) nor shall any
waiver constitute a continuing waiver unless otherwise expressed or provided.
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12
7.11 Purchaser’s Solicitor as Agent
(1) Any notice, approval, waiver, agreement, instrument, document or communication
permitted, required or contemplated in this Agreement may be given or delivered
and accepted or received by the Purchaser’s Solicitors on behalf of the Purchaser
and any tender of Closing Documents may be made upon the Purchaser’s
Solicitors.
7.12 Successors and Assigns
(1) All of the covenants and agreements in this Agreement shall be binding upon the
parties and their respective successors and assigns and shall enure to the benefit
of and be enforceable by the parties and their respective successors and their
permitted assigns pursuant to the terms and conditions of this Agreement.
7.13 Assignment
(1) The Purchaser shall have no right to assign its interest in this Agreement.
7.14 Notice
(1) Any notice, demand, approval, consent, information, agreement, offer, request or
other communication (hereinafter referred to as a “Notice”) to be given under or in
connection with this Agreement shall be in writing and shall be given by personal
delivery, prepaid courier, facsimile transmission or email to the address set out
below or to such other address or electronic number as may from time to time be
the subject of a Notice:
(a) Vendor:
The Corporation of the City of Niagara Falls
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON
L2E 6X5
Attention: City Solicitor
Facsimile: (905) 371-2892
E-mail: legalservices@niagarafalls.ca
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(b) Purchaser:
Walker Aggregates Inc.
2800 Thorold Townline Road
P.O. Box 100
Thorold, ON L2V 3Y8
Facsimile: 905-227-1034
(c) with a copy to the Purchaser’s Solicitor:
Lancaster, Brooks & Welch LLP
P.O. Box 67
Ste. 202 – 3 Cross Street
Welland, ON L3B 5X6
Attention: R. Bruce Smith
(2) Any Notice, if personally delivered, shall be deemed to have been validly and
effectively given and received on the date of such delivery and if sent by facsimile
transmission or email with confirmation of transmission prior to 5:00 p.m., shall be
deemed to have been validly and effectively given and received on the business
day it was sent unless the confirmation of transmission was after 5:00 p.m. in which
case it shall be deemed to have been received on the next following business day
and if sent by prepaid courier, shall be deemed to have been validly and effectively
given and received on the second business day after it was sent..
7.15 No Registration of Agreement
(1) The Purchaser shall not register this Agreement or any notice of this Agreement
on title to the Property unless the Vendor is in default.
7.16 Commissions
(1) The Vendor and Purchaser acknowledge that there are no commissions payable
to any broker or real estate agent as a result of this Transaction or entering into
this Agreement.
7.17 Counterparts and Electronic Transmission
(1) This Agreement may be executed and delivered by facsimile or electronic
transmission and the parties may rely upon all such facsimile or electronic
signatures as though such facsimile or electronic signatures were original
signatures. This Agreement may be executed in any number of counterparts and
all such counterparts shall, for all purposes, constitute one agreement binding on
the parties.
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14
7.18 Open for Acceptance
(1) Once executed by the Purchaser and delivered to the Vendor or its representative,
this document shall constitute an offer to purchase the Property on the terms and
conditions herein contained, open for acceptance by the Vendor until 4:30 p.m. on
January 31, 2020, after which time, if not accepted, such offer shall become null
and void.
[Signature page follows.]
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15
IN WITNESS WHEREOF the Vendor and Purchaser have executed this Agreement.
WALKER AGGREGATES INC.
Per:
Name:
Title:
Per:
Name:
Title:
I/We have authority to bind the Corporation.
THE CORPORATION OF THE CITY OF
NIAGARA FALLS
Per:
Name: James M. Diodati
Title: Mayor
Per:
Name: William G. Matson
Title: City Clerk
I/We have authority to bind the Corporation.
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SCHEDULE “A”
LEGAL DESCRIPTIONS
All of PIN 64265-0014 (LT), legally described as:
PT TWP LT 119 STAMFORD; PT TWP LT 120 STAMFORD BEING UPPERS LANE
LYING BTN THOROLD TOWNLINE RD & BEECHWOOD RD ; NIAGARA FALLS
and
All of PIN 64265-0077 (LT), legally described as:
RDAL BTN TWP LT 120 & 136 STAMFORD (CLOSED BY BYLAW SN356642); CITY
OF NIAGARA FALLS
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17
SCHEDULE "B"
PERMITTED ENCUMBRANCES
General
1. The reservations, limitations, exceptions, provisos and conditions, if any,
expressed in any original grants from the Crown including, without limitation, the
reservation of any mines and minerals in the Crown or in any other person.
2. Subdivision agreements, site plan control agreements, servicing agreements,
utility agreements, airport zoning regulations and other similar agreements with
Government Authorities provided same are registered on title as of the Execution
Date.
3. Cost sharing, servicing, reciprocal use or other similar agreements provided same
are registered on title as of the Execution Date.
4. Encumbrances respecting minor encroachments by the Property over
neighbouring lands and/or permitted under agreements with the owners of such
other lands and minor encroachments over any portion of the Property by
improvements of abutting land owners, provided same are registered on title as of
the Execution Date.
5. Title defects or irregularities which are of a minor nature and in the aggregate will
not materially impair the marketability of the Property.
6. Restrictive covenants, private deed restrictions and other land use control
agreements provided same are registered on title as of the Execution Date.
7. Any servitudes, easements or rights of way in favour of any governmental
authority, any private or public utility, any railway company or any adjoining owner.
8. The applicable provisions of Section 44(1) of the Land Titles Act (Ontario).
9. Any rights, interests, or claims to title in or to any part of the Property held by any
Person (including the Crown) relating to the body of water encroaching along the
southern portion of the western boundary of the Property.
Specific
10. Instrument No. SN356642 being notice of municipal By-law No. 2012-75 registered
against PIN 64265-0077.
11. Instrument No. AA62067 being notice of municipal By-law No. 2636 1961
registered against PIN 64265-0014.
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12. The Third Party Easements to be registered against the Property prior to closing
in accordance with Section 2.4.
13. A notice of municipal By-law No. 2019-114, being a by-law to permanently close
part of a highway, and, to be registered prior to closing over all of PIN 64265-
0014.
Page 376 of 377
CITY OF NIAGARA FALLS
By-law No. 2020 -
A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on
the 28th day of January, 2020.
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 28th day of January 2020
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 28th day of January, 2020.
.............................................................. .............................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
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