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04/02/2020 - Special Meeting City of Niagara Falls Agenda City Council Meeting Thursday, April 2, 2020 @ 1:30 PM Council Chambers Page 1. IN CAMERA SESSION OF COUNCIL - 1:00 PM 1.1. Resolution to go In-Camera April 2 - Resolution to go In-Camera 11 2. CALL TO ORDER Playing of O Canada 3. ADOPTION OF MINUTES 3.1. Council Minutes - City Council - 03 Mar 2020 12 - 27 3.2. Council Minutes - City Council - 20 Mar 2020 28 - 31 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. PRESENTATIONS 5.1. COVID-19 - Update to Council Ken Todd, CAO, will provide a presentation to Council regarding Covid - 19. Presentation - COVID-19 Final Update 2 to Council April 2 2020 32 - 48 Page 1 of 251 6. MAYOR'S REPORTS, ANNOUNCEMENTS 7. REPORTS 7.1. CD-2020-04 Electronic Participation at Council Meetings CD-2020-04 Electronic Participation 49 - 52 7.2. FS-2020-02 Station 5 Parking Lot FS-2020-02 Station 5 Parking Lot FS-2020-02 Attachment Lease Agreement 53 - 62 7.3. PBD-2020-20 2 Percent Parkland Dedication Tourist Commercial & General Commercial Areas PBD-2020-20, 2% Parkland Dedication, Tourist & General Commercial Areas 63 - 67 7.4. PBD-2020-21 GTY-2020-001, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application 8001 Blackburn Parkway Industry Brew Factory (Applicant: 5009939 Ontario Inc.) PBD-2020-21, GTY-2020-001, Gateway CIP MCEIP Application for 8001 Blackburn Pkwy 68 - 73 7.5. PBD-2020-22 Revitalization Grant Application under the Historic Drummondville CIP – DRU-2020-001 Formerly 5510-5526 and 5536 Ferry Street, 5916 Allendale Avenue, 5943 Stanley Ave, and a Vacant Parcel on Stanley Avenue (now consolidated) Applicant: Pawel Fugiel, La Pue International Inc. PBD-2020-22, DRU-2020-001 Revitalization Grant App, Pawel Fugiel (La Pue International) 74 - 81 Page 2 of 251 7.6. PBD-2020-29 Exemption Request to 2-Year Waiting Period for Minor Variance File: AM-2018-023 By-law No. 2020-06 Property: 5510-5526 & 5536 Ferry Street, 5916 Allendale Avenue & 5943 Stanley Avenue 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 PBD-2020-29, Two Year Waiting Period Exemption Request, La Pue International Inc Letter - Request to Lift Moratorium 82 - 87 8. RESOLUTIONS 8.1. PBD-2020-29 Exemption Request to 2-Year Waiting Period for Minor Variance File: AM-2018-023 By-law No. 2020-06 Property: 5510-5526 & 5536 Ferry Street, 5916 Allendale Avenue & 5943 Stanley Avenue 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 No.5 - Resolution-Two Year -AM-2018-023 88 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. Page 3 of 251 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. F-2020-08 2019 Sleep Cheap Event and WonderFalls Pass F-2020-08 Sleep Cheap 89 - 91 F-2020-14 Monthly Tax Receivables Report – February F-2020-14- Tax Receivables Monthly Report (February) F-2020-14- Attachment 92 - 95 MW-2020-06 Niagara Region Public Realm Infrastructure Grant Program Oakes Park Canada Summer Games Public Plaza MW -2020-06 PRIP Grant Endorsement MW -2020-06 - Attachment1 MW -2020-06 - Attachment2 96 - 132 MW-2020-07 Drinking Water System Summary Report and Overview MW -2020-07 - Drinking Water System Summary Report and Overview MW -2020-07 - Attachment 1 - City of Niagara Falls Water Distribution System Summary Report 2019 MW -2020-07 - Attachment 2 - DWQMS Management Review 2019 MW -2020-07 - Attachment 3 - Section 19- Standard of Care Safe Drinking Water Act 2002 133 - 161 PBD-2020-18 DB-2020-002, Deeming By-law Application 162 - 165 Page 4 of 251 Lot 132, Plan 64 6358 Barker Street Applicant: Phase 3 Real Estate Inc. c/o Bryan Keenan PBD-2020-18, DB-2020-002, Phase 3 Real Estate Inc PBD-2020-27 DB-2020-003, Deeming By-law Application Lot 1, Plan 93 6710 Drummond Road Applicant: Vito Golia & Teresa Golia-Slovak PBD-2020-27, DB-2020-003, Vito Golia & Teresa Golia-Slocak 166 - 169 PBD-2020-28 26CD-11-2017-003 Extension to Draft Approval Plan of Vacant Land Condominium 7736 and 7746 Beaverdams Road Applicant: Debbie Scappaticci Agent: Greg Hynde PBD-2020-28, 26CD-11-2017-003, 7736 &7746 BeaverdamsRoad Extension of Draft Approval 170 - 179 TS-2020-10 Garner Estates – Speed Control Review TS-2020-10 Garner Estates - Speed Control Review TS-2020-10 Garner Estates - Study Area Map 180 - 185 TS-2020-13 Morrison Street at Optimist Square / Adam’s Centre Traffic Signal Update TS-2020-13 Morrison Street @ Optimist Square, Adams Centre - Traffic Signal Update TS-2020-13 Morrison Street @ Optimist Square, Adams Centre - Traffic Signal Update_Att 1 186 - 191 Page 5 of 251 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Monitoring and Enforcing Provincial Orders / Municipal By-law Enforcement In an effort to assist with enforcing emergency orders, a ministerial designation under the Provincial Offences Act was made to authorize Municipal By-law Enforcement to enforce the Emergency Management and Civil Protection Act. As a result, additional Parks Staff and Transit Staff have been added as possible Enforcement staff. The applicable by-law is listed on today's agenda for consideration. RECOMMENDATION: That Council approve the applicable bylaw on today's agenda. Monitoring and Enforcing Provincial Orders - Niagara Falls 192 - 193 10.2. Regional Niagara - Various Correspondence RECOMMENDATION: For the Information of Council. CLK-C 2020-120 - Ecological Land Classification Mapping Update PDS 3-2020 194 - 198 10.3. Township of North Dumfries - Resolution - Regional Government Review Final Report Resolution from the Town of North Dumfries regarding the Regional Government Review Final Report. RECOMMENDATION: For the Information of Council. 2020-02-26 - Regional Government Review Report 199 - 203 10.4. City of St. Catharines - Notification regarding graffiti. The City of St. Catharines sent us a notification from the St. Catharines' Council regarding graffiti in the downtown core. RECOMMENDATION: For the Information of Council. City of St. Catharines notification re Graffiti 204 - 205 10.5. City of Welland Correspondence - Resolution - Out of the Cold 206 Page 6 of 251 Program The City of Welland sent to us a resolution regarding the Out of the Cold Program. RECOMMENDATION: For the Information of Council. Out Of The Cold Program 10.6. Downtown Business Improvement Area 2020 Budget RECOMMENDATION: For the Approval of Council. 2020 Budget for Approval Condensed 207 10.7. Regional Correspondence - Canadian Coalition of Inclusive Municipalities RECOMMENDATION: For Council to Refer to Staff. Canadian Coalition of Inclusive Municipalities 208 - 213 10.8. Provincial Day of Action on Litter A letter from Minister Jeff Yurek, Minister of the Environment, Conservation and Parks. RECOMMENDATION: For the Information of Council. Provincial Day of Action on Litter 214 - 215 10.9. Blackburn Brew House Mr. George Hantziagelis of Blackburn Brew House is seeking a resolution from Council for the purpose of applying to the AGCO for a "By the Glass" liquor licence. RECOMMENDATION: That Council support the request of Blackburn Brew House and endorse their application to obtain a "By the Glass" liquor sales licence. 10.10. OPG Nuclear Waste Repository Letter sent from a non-profit organization called "Stop the Great Lakes Nuclear Dump" regarding the proposed OPG Nuclear Waste Repository 216 Page 7 of 251 in Kincardine, Ontario. RECOMMENDATION: For the Information of Council. Letter to Niagara Falls ON March 6 2020 post SON vote 10.11. Proclamation Request The proclamation request is to recognize the month of October as "Rett Syndrome Awareness Month" in Niagara Falls. RECOMMENDATION: For the Consideration of Council. Rett Syndrome Assoc. - Proclamation Request 2020 217 - 218 10.12. Council’s Code of Conduct – Social Media Memo from the City Clerk and related correspondence RECOMMENDATION: For the Information of Council Clerk's Memo - Code of Conduct - Social Media Social Media 219 - 222 10.13. Municipal Heritage Committee Memo for Council's consideration regarding replacing and adding members to the Municipal Heritage Committee. RECOMMENDATION: For Council's Consideration. Memo-Replacing and adding members to the Heritage Committee 223 10.14. Lundy's Lane BIA - Request to Approve Electronic BIA Board Meetings Request from Lundy's Lane BIA to have electronic board meetings during this period of mandatory social and physical distancing. RECOMMENDATION: For the Consideration of Council. LLBIA - Approval to Hold Electronic LLBIA Board Meetings Letter to Mayor & Council LLBIA Constitution August, 14 2014 - Approved at AGM 224 - 239 Page 8 of 251 10.15. Downtown BIA The Downtown BIA is requesting approval to appoint three new board members to the Downtown Board of Management Queen Street BIA. RECOMMENDATION: For the Consideration of Council. Downtown BIA - Request to Appoint Board Members 240 - 241 11. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2020-27 - A by-law to designate Lot 132, Plan 64, to be deemed not to be within a registered plan of subdivision (DB-2020-002). DB-2020-002 By-law 242 2020-28 - A by-law to designate Lot 1, Plan 93, to be deemed not to be within a registered plan of subdivision (DB-2020-003). DB-2020-003 By-law 243 2020-29 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Speed Limits on Highways – (Part 4 – 80km/h), Speed Limits on Highways – (Part 2 – 60km/h), (Parking Prohibited). April 2 - Mewburn Rd & Third Ave 244 - 245 2020-30 - A by-law to amend the Historic Drummondville Community Improvement Plan Area adopted through By-law 2006-226. Historic Drummondville CIP Amendment By-law Bylaw_2006-226_updateCIP 246 - 247 2020-31 - A by-law to permanently close part of Blackburn Parkway (Part 6 on 59R-16425). By-law - Permanently close part of Blackburn Parkway (reconfiguration) 248 Page 9 of 251 2020-32 - 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 APR 2 By-law Enforcement Officers 249 - 250 2020-33 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2nd day of April, 2020. 04 02 20 Confirming By-law 251 12. ADJOURNMENT Page 10 of 251 The City of Niagara Falls, Ontario Resolution April 2nd, 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 April 2, 2020, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239(2)(b) and (c) of the Act; and THEREFORE BE IT RESOLVED that on April 2, 2020 at 1:00 p.m., Niagara Falls City Council will go into a closed meeting, prior to their Special Meeting of Council scheduled at 1:30 p.m., to consider personal matters about identifiable individual s; as well as a proposed or pending acquisition or disposition of land within the Montrose Business Park. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 11 of 251 MINUTES City Council Meeting Tuesday, March 3, 2020 Council Chambers 5:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Vince Kerrio, Councillor Wayne Thomson, Councillor Chris Dabrowski, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Wayne Campbell COUNCIL ABSENT: Councillor Carolynn Ioannoni, Councillor Mike Strange STAFF PRESENT: Erik Nickel, Kathy Moldenhauer, Karl Dren, Carla Stout, Tiffany Clark, Jo Zambito, Alex Herlovitch, Trent Dark, Dale Morton, Donna Jaques, Bill Matson, Ken Todd, Heather Ruzylo 1. IN CAMERA SESSION OF COUNCIL - 4:00 PM 1.1. Resolution to go In-Camera ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that Council enter into an In-Camera session. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 2. CALL TO ORDER O Canada - Performed by: Holly Farquharson 3. ADOPTION OF MINUTES 3.1. Council Minutes of January 28, 2020 (Revised) 3.2. Council Minutes of February 11, 2020 ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Thomson that the revised minutes of January 28, 2020 and the minutes of February 11, 2020 be approved as recommended. Page 1 of 16 Page 12 of 251 City Council March 3, 2020 Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Councillor Lori Lococo indicated a pecuniary interest to the following cheques: cheque #435033, payable to herself, dated January 29, 2020 for $1095.70 and to cheque #435503, payable to herself, dated February 12, 2020 for $115.34 (both reimbursement of e xpenses). b) Councillor Wayne Campbell indicated a pecuniary interest to cheque #435188, dated February 5, 2020, in the amount of $103.74 (remittance payment to himself). c) Councillor Victor Pietrangelo indicated a pecuniary interest to cheque #00262-0003, payable to Niagara Catholic District School Board (NCDSB) (employer). d) Councillor Wayne Thomson indicated a pecuniary interest to Item #7.1 (PBD-2020-13, AM-2019-23). e) Councillor Chris Dabrowski indicated a pecuniary interest to Item #7.1 (PBD-2020-13, AM-2019-23) and to cheque #435453, dated February 12, 2020 in the amount of $1727.94 (Remittance payment to himself). 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Michelle Marinelli, mother of Michael and his wife, Sarah, owners of Four Brothers (Cucina); Linda Oswald, mother-in-law of Steve Bush of our Municipal Works Department and Rosina De Luca, mother-in-law of Wayne Gates, MPP and former City Councillor for Niagara Falls. b) Mayor Diodati acknowledged Councillor Victor Pietrangelo for attending the Niagara Falls Curling Club event at the Falls and for providing greetings a the Black History Exhibit Opening at the Armoury and for attending the 22nd Annual Sweep for Kids Bonspiel. c) Mayor Diodati recognized the following Community Retirements: **Diane Corkum, Executive Director of Project Share Page 2 of 16 Page 13 of 251 City Council March 3, 2020 • 30 years with Project Share and the last 4 years as Executive Director • Diane started as a book-keeper with them in 1989 and has spearheaded many successful projects over the years, notably, the Out of the Cold Shelter at St. Andrews Church. • We wish Diane all the best with her retirement. **Cathy Crabbe, Mayor and CAO Office, City of Niagara Falls • Typically, we don't mention every City Hall retiree but Cathy Crabbe has served the Mayor and CAO's office for more than 15 years and has been with the City of Niagara Falls for nearly 30 years. • Congratulations to Cathy Crabbe and we wish her all the best! d) Mayor Diodati made the following announcement: • We received great news that Festivals and Events Ontario (FEO) have named two of our signature events in Niagara Falls to the “Top 100 Festivals” o Niagara Falls Canada Day Celebration o Niagara Falls Santa Claus Parade • The Ontario Power Generation Winter Festival of Lights also received this honour. e) Mayor Diodati acknowledged our recently retired City Historian, Sherman Zavitz and the event being held at the Niagara Falls History Museum, on March 4, 2020, where he will be presented with a Key to the City. f) The next Council meeting is scheduled for Tuesday, March 24, 2020. 6. APPOINTMENTS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. Komedy for Kidneys (Presentation added) Dino Fazio, Founder & Co-Manager, of the "13th Annual Komedy for Kidneys Rodney Pentland Memorial Benefit Show" informed Council of the upcoming fundraiser on Thursday, March 12, 2020. Proceeds from this event will be donated to the Niagara Health Foundation in support of Dialysis Care in Niagara. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Page 3 of 16 Page 14 of 251 City Council March 3, 2020 Councillor Chris Dabrowski that Council provide direction to staff to promote the event on our City website. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 6.2. Hockey Canada Foundation - Gala and Golf Event Larry Landon, Executive Director of the Professional Hockey Players Association, along with Honourary Co-Chair, Marcel Dionne presented to Council information pertaining to the upcoming Hockey Canada Foundation 2020 Gala and Golf Event to be held on Monday, June 15th and 16th, 2020 at the Scotiabank Convention Centre. The organizers are seeking financial support from the City of Niagara Falls towards the Legacy portion of the event to help fund regional programs. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that Council support the efforts of the Hockey Canada Foundation by contributing $125,000.00 towards the Legacy portion of the event to help fund regional programs. Furthermore, that Council provide direction to staff to promote the upcoming Gala and Golf Event on our City website. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 7. PLANNING MATTERS 7.1. PBD-2020-13 AM-2019-023, Zoning By-law Amendment Application 6289 Fallsview Boulevard (Parcel 1) Lands at the South-West Corner of Fallsview Boulevard and Robinson Street (Parcel 2) 6046 Dunn Street (Parcel 3) Proposal: 16 and 14 Storey Hotel Towers on Parcel 1 With Off-Site Parking on Parcels 2 and 3 Applicant: 5009868 Ontario Limited, 2100422 Ontario Limited and 1992219 Ontario Limited (Carmen Menechella) Agent: Broderick and Partners (Italia Gilberti) The report recommends the following: 1. That Council approve the Zoning By-law amendment application Page 4 of 16 Page 15 of 251 City Council March 3, 2020 to rezone Parcel 1 a site specific Tourist Commercial (TC) zone to recognize the existing 6 storey hotel and permit 16 and 14 storey hotel towers, with a portion of the required parking provided off-site on Parcels 2 and 3, subject to the regulations outlined in this report; 2. That the passage of the amending zoning by-law be conditional on the execution of a Section 37 agreement to secure a contribution for streetscape improvements along the land's frontage on Fallsview Boulevard, Murray Street and Stanley Avenue and the design of the project; and 3. That the mayor and City Clerk be authorized to execute the Section 37 agreement and its registration on title when all matters are addressed to the satisfaction of the City Solicitor. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2020-13. Barbara Rooney, owner of 6058 Dunn Street spoke in opposition of the report. Italia Gilberti, agent from Broderick and Partners, representing the applicants, spoke in favour of the recommendations in the staff report. The Public Meeting was closed. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously (Councillors Chris Dabrowski and Wayne Thomson both declared a conflict and Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 8. REPORTS 8.1. TS-2020-09 Seniors Free Transit Pilot Program Review Carla Stout, Manager of Transit Operations, presented to Council. Sandy Bird, local resident at 3568 Montrose Road and member on the Accessibility Committee, spoke to Council regarding this report. Page 5 of 16 Page 16 of 251 City Council March 3, 2020 The report recommends that this report be received for the consideration of Council. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that the matter be referred back to staff to explore further options and report back to Council. Furthermore, that staff address the ridership of Chair-a-Van and plans to address future service. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 8.2. PBD-2020-04 Matters Arising from Municipal Heritage Committee Earl Thomas House 6320 Pine Grove Ave - Proposed Severance Owner: Jajou Fourat ***Allan Heywood and Leah Wallace made presentations to Council.*** The report recommends that Council not approve the proposed alteration of the property in the form of the seve rance 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. ORDERED on the motion of Councillor Wayne Thomson that Council not support the staff recommendation but to approve the land severance in the location of the proposed dwelling. Motion defeated (No seconder) ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Lori Lococo that the report be approved as recommended. Carried Unanimously (Councillor Wayne Thomson opposed and Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 8.3. Finance - 2020 Operating Budget (Presentation added) Tiffany Clark, Director of Finance, provided a verbal report and updated Council on the 2020 Operating Budget. Page 6 of 16 Page 17 of 251 City Council March 3, 2020 Alicia Subnaik-Kilgour, Niagara Falls Public Library CEO/Chief Librarian and Anne Andres-Jones, Niagara Falls Public Library Board Chair, addressed Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council approve the Operating Budget with a net levy increase of 3.53%. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 8.4. F-2020-10 Fee for Service/Permissive Grants The report recommends the following: 1. That Council approve the recommended categories and recommended 2020 funding levels for existing organizations the City funds as illustrated by staff on attachment 3 - "Existing Fee for Service/Grants - 2020 Recommended Categories and Amounts" for a total increase over 2019 funding levels of 1.75% or $116,468. 2. The Council continue the previous strategy of not entertaining any new grants given the financial constraints the City is facing in funding its own operating and capital expenditures, and need to reduce the infrastructure deficit. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously (Councillor Wayne Campbell,Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 8.5. PBD-2020-14 Housing Directions Study: Council Authorization The report recommends that Council authorize the development of a Housing Directions Study to help provide policy and strategic guidance to future ownership, rental and affordable housing initiatives in the City. Page 7 of 16 Page 18 of 251 City Council March 3, 2020 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 8.6. MW-2020-02 Gunning and Mears Sewage Pumping Station Upgrades Construction Services & Tender Award - Contract No. 2020-291-12 The report recommends the following: 1. That Staff be authorized to amend the purchase order allowing for the direct-appointment of contract administration and inspection services to GM BluePlan Engineering Limited for the revised amount of $165,427.90. 2. That the contract be awarded to the lone bidder Baseline Construction Inc. at the amended bid price of $714,000. 3. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 4. That the additional costs of $399,700 associated with the completion of this project be approved to be spent now, with funding to be determined during the 2021 capital budget deliberations. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 8.7. MW-2020-03 Kitchener Street Sewer Separation Construction Services The report recommends that Staff be authorized to direct-appoint construction services to Associated Engineering (Ont.) Ltd. in the amount of $225,120. Page 8 of 16 Page 19 of 251 City Council March 3, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 8.8. MW-2020-04 Niagara Falls Lions Club – Leasehold Building Improvement Grant Request The report recommends that Council refer the grant request from the Niagara Falls Lions Club for leasehold building improvements to the 2021 Capital Budget for further consideration; and further, That Council direct Staff to perform exterior sidewalk accessibility improvements at the Niagara Falls Lions Club in 2020 as part of the annual concrete/asphalt restoration program. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 8.9. R&C-2020-02 Recreation & Culture Fee for Service Agreements The report recommends the following: 1. That City Council approve the two year (2020,2021) Fee for Service Agreement for the Niagara Falls Boys & Girls Club. 2. That the fee for service funding be referred to the 2020 operating budget deliberations for consideration. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). Page 9 of 16 Page 20 of 251 City Council March 3, 2020 8.10. R&C-2020-03 Niagara Falls Cultural Ambassadors The report recommends the following: 1. That the City of Niagara Falls expands the Cultural Ambassadors positions to include a Poet Laureate program as recommended by the Culture Committee. 2. And that Council approve the modifications to the City Historian to a Historian in Residence position as recommended by the Culture Committee. 3. And that Council approve the new Roles and Responsibilities for the Cultural Ambassador positions. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council refer the matter back to staff for an updated report. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 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. F-2020-11 Monthly Tax Receivables Report – January The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2020-12 Municipal Accounts The report recommends that Council approve the municipal accounts totaling $11,884,519.82 for the period January 22, 2020 to February 12, 2020. Page 10 of 16 Page 21 of 251 City Council March 3, 2020 L-2020-03 Notice for closure of portion of Blackburn Parkway Part 6 on 59R-16425 – Reconfiguration of Montrose Business Park Our File No. 2017-175 The report recommends the following: 1. That Report L-2020-03 act as public notice that at its meeting to be held on March 24, 2020, at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 5:00pm, the Council of The Corporation of the City of Niagara Falls will consider the passage of a by-law to close a portion of Blackburn Parkway legally described as Part 6 on 59R-16425 pursuant to subsection 3(c) of By-law No. 2003-02 which establishes procedures for giving notice. 2. In the event that Council determines that it is in the public interest to do so, that the portion of Blackburn Parkway legally described as Part 6 on 59R-16425 and shown in yellow on Schedule "G" attached be permanently closed by the passage of a by-law at the March 24, 2020, Council Meeting. 3. That the City Solicitor cause the by-law to be registered in the Local Registry Office after its passage. MW-2020-05 Niagara Falls Disc Golf Club - Grant Request The report recommends that Council approve in-kind support of labour and equipment (only) by Municipal works for the drilling, pouring and placing of disc golf baskets at Firemans Park, contingent on the successful fundraising for the supply of baskets and all other amenities by the Niagara Falls Disc Golf Club. PBD-2020-15 Proposed Telecommunication Facility 10045 Schisler Road, Forbes Bros Limited Telecommunication Services on behalf of Xplornet Communications The report recommends that Innovation, Science and Economic Development Canada be advised that the City of Niagara Falls does not object to the construction of a 45m (148') tall self support style communications structure and related equipment on the lands known as 10045 Schisler Road. Page 11 of 16 Page 22 of 251 City Council March 3, 2020 PBD-2020-16 (Report Updated) Land Planning Appeal Tribunal Status Update The report recommends that Council receive the and provide direction where required. TS-2020-11 Third Avenue – Parking Review The report recommends that the "No Parking Except By Permit" zone on the east side of Third Avenue between a point 58 metres south of Hamilton Street and a point 67 metres south of Hamilton Street be removed. TS-2020-12 Mewburn Road – Speed Limit Review The report recommends that the speed that the speed limit on Mewburn Road between the City's north limits and Mountain Road be reduced from 80km/h to 60 km/h. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the reports are approved as recommended. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. The Niagara Federation of Agriculture The Niagara Federation of Agriculture would like to ask for Council's support in the passing of Bill 156, Security from Trespass and Protecting Food Safety Act. RECOMMENDATION: For Council's Consideration. Page 12 of 16 Page 23 of 251 City Council March 3, 2020 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council supports the passing of Bill 156, Security from Trespass and Protecting Food Safety Act. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 10.2. Municipality of Southwest Middlesex Resolution from the Municipality of Southwest Middlesex in support of Bill 156-Security from Trespass and Protecting Food Safety Act, 2019. RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council supports the resolution from the Municipality of Southwest Middlesex in support of Bill 156-Security from Trepass and Protecting Food Safety Act, 2019. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 10.3. Flag-Raising Request - Autism Ontario Autism Ontario is requesting the City of Niagara Falls to participate in Autism Ontario's "Raise the Flag" campaign on Thursday, April 2, 2020 in celebration of World Autism Day. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the City participates in Autism Ontario's "Raise the Flag" campaign on Thursday, April 2nd, 2020 in celebration of World Autism Day. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 10.4. Proclamation Request The proclamation request is to recognize Tuesday, July 28, 2020 as "World Hepatitis Day" in Niagara Falls. Page 13 of 16 Page 24 of 251 City Council March 3, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the City recognize Tuesday, July 28, 2020 as "World Hepatitis Day" in Niagara Falls. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 10.5. United Shoreline Ontario (USO) United Shoreline Ontario (USO) is requesting that all shoreline MPs and MPPs turn their attention towards advocating for emergency preparedness on behalf of their constituents. USO is requesting that the Federal and Provincial government fund a comprehensive shoreline emergency management strategy for the anticipated 2020 floods. RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 10.6. Niagara Regional Housing Niagara Regional Housing (NRH) Quarterly Report - 4th Quarter 2019 Report to Board and Council. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Lori Lococo that Council receive and file the correspondence for information. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were 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- 19 - A by-law to authorize the payment of $11,884,519.82 for General Purposes. Page 14 of 16 Page 25 of 251 City Council March 3, 2020 2020- 20 - 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- 21 - A by-law to amend By-law No. 79-200, to regulate the Splendour Plan of Subdivision on the Lands (AM-2019-018). (schedule added) 2020- 22 - A by-law to provide for the adoption of Amendment No. 136 to the City of Niagara Falls Official Plan (AM-2019-018). (Map added) 2020- 23 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3rd day of March, 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 12. RATIFICATION OF IN-CAMERA Nothing to ratify in Open Council. 13. NEW BUSINESS a) Remuneration of Board Members ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Lori Lococo that Council provides direction to staff to amend the City's practice where Council members are paid $75.00 per meeting for any meetings they attend for Committees, Boards or Commissions in which they have been appointed to, when it doesn't conflict with the rules/regulations of other board/commissions's bylaws. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). Page 15 of 16 Page 26 of 251 City Council March 3, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council go into Closed Session for the purpose of potential litigation with respect to the property at 3200 Stanley Avenue. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 14. ADJOURNMENT Mayor City Clerk Page 16 of 16 Page 27 of 251 MINUTES Emergency Council Meeting March 20, 2020 Council Chambers 1:00 PM COUNCIL PRESENT: Mayor Diodati, Councillor Chris Dabrowski, Councillor Wayne Thomson, Councillor Vince Kerrio, Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Victor Pietrangelo COUNCIL ABSENT: Councillor Carolynn Ioannoni, Councillor Mike Strange STAFF PRESENT: Tiffany Clark, Chief Jim Boutilier, Donna Jaques, Serge Felicetti, Dale Morton, Ken Todd, Bill Matson, Heather Ruzylo Sergeant in Arms: John Hiltz 1 CALL TO ORDER 2 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. No disclosure of pecuniary interests were reported. 3 MAYOR'S REPORTS, ANNOUNCEMENTS a) COVID-19 and its Impact: Update Council on issues related to business continuity. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the "Payment Relief Measures" be implemented as described as follows: ·Waive penalty charges for current year taxes (billed in 2020) until June 30th ·Waive penalty charges for current year water bills (billed in 2020) until June 30th ·Waive penalty charges for current year accounts receivable (billed in 2020) until June 30th ·Continue to process Pre-Authorized Payments (PAPs) for taxes and water ·No penalties for ratepayers for withdrawing from PAPs until June 30th ·No NSF charges for payments that are returned until June 30th Page 1 of 4 Page 28 of 251 City Council March 20, 2020 ·No disconnection of water services to June 30th And furthermore, that staff come back with a report on unpaid tax interest due prior to the Covid-19 outbreak. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Victor Pietrangelo that Staff report back with more information on electronic participation for future meetings. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that the presentation of the CAO regarding the City's response to COVID-19 be received and the following recommendations within the presentation be adopted: •Council endorse the COVID-19 response measures already implemented by staff. •The payment mitigation measures outlined in this report be approved. •The Delegation of Authority Bylaw be approved. •The Bylaw amending the Procedural Bylaw allowing for electronic meetings be approved. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Council direct Staff to create a page on the City's website reporting the businesses that are open and available for business. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council direct Staff to come back with any necessary budget discussions/updates at a future meeting. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). Page 2 of 4 Page 29 of 251 City Council March 20, 2020 BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. Being a by-law to make amendments to the Procedure By-law. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that by-law 2020-24 be read a first, second and third time and passed. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). Being a by-law to delegate powers and duties to the Mayor and Chief Administrative Officer during the Covid-19 Pandemic and to make amendments to the Procedure By-law. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that the by-law 2020-25 be read a first, second and third time and passed. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20th day of March, 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the Confirmatory Bylaw (By-law 2020- 26) be read a first, second and third time and passed. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). 4 ADJOURNMENT a) Adjournment Page 3 of 4 Page 30 of 251 City Council March 20, 2020 ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Chris Dabrowski that the meeting be adjourned at 2:26 PM. Carried Unanimously (Councillor Carolynn Ioannoni and Councillor Mike Strange were absent from the vote). Mayor City Clerk Page 4 of 4 Page 31 of 251 Page 32 of 251 •Activated Friday, March 13 at 10:00am. •The Emergency Control Group continues to meet twice a day. •A dedicated COVID-19 section has been developed on niagarafalls.ca, including: •Updates on the City of Niagara Falls response efforts. •FAQ on City services, with specific details on impacted areas. •Community resources information, including resources for businesses and seniors. •Newsroom featuring City news, Niagara Region Public Health, Provincial Government and Federal Government media releases. •To date, 10 Media Releases have been issued by the City, along with daily social posts and shares from the City. •Daily meetings with Regional CAO’s group continue. •Niagara Region COVID-19 stakeholders teleconferences continue. •Additional groups daily calls include CEMCs, LAM Communications group, Inter - municipal Transit, local Treasurers etc.Page 33 of 251 Building & Municipal By-law Enforcement Regular commercial and residential construction continues and Building staff will be serving their needs. The Province has prohibited organized public events and social gatherings of more than five people. Municipal Enforcement staff will continue to enforce Municipal By-laws, and monitor and disperse any public gatherings observed throughout the City. By request from the Niagara Regional Police (NRP) Chief of Police, our Bylaw staff will be assisting NRP in providing warnings to non-essential businesses to close in the wake of recent directives. When reporting businesses that are not in compliance with the provincial closure orders, we are asking the public to contact the Niagara Regional Police Service non-emergency number 905-688-4111 (Do not call 911 or our customer service). Complaints regarding social gatherings more than 5 people on public or private property can be reported to buildingcomplaints@niagarafalls.ca or by calling 905-356-7521 Extension 4253 or 4341. Noise bylaw restrictions to accommodate deliveries to services such as grocery stores and pharmacies have been waived.Page 34 of 251 Building & Municipal By-law Enforcement continued Price Gouging The Provincial government has issued an emergency order that retail businesses and individuals in Ontario cannot charge unfair prices for necessary goods. Individual offenders can face a ticket of $750, or, if summoned to court and convicted, could face a maximum penalty of a $100,000 fine and one year in jail. If convicted, a company director or officer could face a fine of up to $500,000 and up to a year in jail, and a corporation could face a fine of up to $10 million. Consumers can report an individual who is price gouging by filing a complaint at 1-800-889-9768 between 8:30 a.m. and 5:00 p.m., Monday to Friday, or by filing a report online.Page 35 of 251 Fire The City’s Personal Protective Equipment (PPE) supplies are low, and staff continues to source PPE. Niagara Emergency Medical Services (NEMS) had requested, and staff provided, 50% of our PPE. NEMS Medical Director has issued a directive taking fire off certain medical calls. This is to limit staff exposure, while allowing Fire to maintain response to critical calls.Page 36 of 251 Parks A new emergency order under the Emergency Management and Civil Protection Act to close all outdoor recreational amenities was issued on March 30, 2020. This would extend to both dog parks, the Oakes Park running track, sports fields, basketball and tennis courts. Signage is ordered and is being installed. Green spaces in parks and trails that aren't otherwise closed would remain open for walkthrough access, but individuals must maintain the safe physical distance of at least two metres apart from others. Signage has already been placed on trails to encourage physical distancing. As of March 24, 2020, all play structures across the City, the fitness equipment at Stanley & Thorold Stone Roads and the Skate Board Park at the MacBain Community Centre were closed until further notice and have been signed accordingly. The fitness equipment at Thorold Stone Road and Stanley Avenue has been disabled. All sports tournaments, whether at arenas or sports fields/parks, are cancelled until the end of April and will be re-evaluated at that time Page 37 of 251 Water & Wastewater The Water Meter Replacement Program has been suspended until further notice. Water and sewer emergencies continue to be handled by Environmental Services crews on a rotating schedule , 7 days a week. Niagara Region has observed an increased disposal of “flushable” wipes and other sewer-clogging debris. Social Media has been used to remind residents to avoid this practice.Page 38 of 251 Other Essential Municipal Works Services •Burials •Water & Sewer Emergency repairs •Water Meter Sales to support building occupancy •Road Condition Inspection •Major Road, Pothole and Trench repairs •Winter Maintenance •Forestry Emergencies •Fleet Emergency and Essential Services Support •Building Permit Inspections •Capital Project Continuance Planning & Legal •Local Planning Appeal Tribunal (LPAT) meetings for Thompson Road and Vacation Rental Units (VRUs) are postponed. •Ed Lustig has been retained on a weekly basis to provide short term legal services for the Corporation, until a new City Solicitor can be recruited.Page 39 of 251 Transit NIAGARA FALLS TRANSIT: •Niagara Falls Transit has reduced weekday service to a Sunday schedule, operating hourly, 7am to 9pm until further notice. •Effective Monday, March 30, 2020 -Supplemental service to address our entire community's essential needs was added to the existing Sunday level of service on Niagara Falls Transit. •Buses are running a reduced Route #108, everyday starting at 9:30 am from the Bus Terminal on Erie Avenue to the Town and Country Plaza on Portage Road and making all stops in between until 9:00 pm. •This will ensure access to Project Share, grocery stores and other essential services for the northeast neighbourhoods of our community.Page 40 of 251 Transit WEGO: •Effective Monday, March 30, 2020 -Blue Line (Route 602) service has been temporarily cancelled until further notice due to ridership reductions and to address community spread concerns of COVID-19. •WEGO is operating WINTER level service, with the Red Line running from 7am -11pm, until further notice. •Transit is reducing Red Line service to and from Table Rock along Niagara Parkway shortly to mitigate non-essential travel to that location and Niagara Parks Commission properties as they are closed at present. •The Red Line reduced service will continue to provide access to the tourism core ensuring connections with the City's transit service to our community and out -of-town connections.Page 41 of 251 Transit CHAIR-A-VAN: •Chair-A-Van is providing trips on a reduced schedule to currently registered riders only. We are advising registered riders to call St. John's Ambulance at 905 -357-0122 for more information about how this affects them. NIAGARA FALLS BUS TERMINAL: •The Niagara Falls Bus Terminal at Bridge Street at Erie Avenue has reduced operating hours to 9am to 5pm daily only. GENERAL: •Rear door boarding only to all buses has been instituted. •The Transit fleet has been microbanned and upgraded sanitation measures taken. •Refunds or credits for bus passes will be discussed when regular transit services return. •Riders are being reminded, through signage, to physically distance themselves when riding the bus. •All Transit changes are in effect until April 6, 2020, when service levels and procedures will be reviewed.Page 42 of 251 The following Payment Relief Measures were approved at the March 20, 2020 Council meeting: Waive penalty charges for current year taxes (billed in 2020) until June 30 th Waive penalty charges for current year water bills (billed in 2020) until June 30th Waive penalty charges for current year accounts receivable (billed in 2020) until June 30 th Continue to process Pre -Authorized Payments (PAPs) for taxes and water No penalties for ratepayers for withdrawing from PAPs until June 30 th No NSF charges for payments that are returned until June 30 th No disconnection of water services to June 30 th *These measures can be revisited prior to June 30 th to determine whether further measures are required. Page 43 of 251 Both the District School Board of Niagara (DSBN) and the Niagara Catholic District School Board (NCDSB) have agreed to allow delayed remittance of the City’s payments by 90 days for both the June 30, and September 30, 2020 deadlines. The City has agreed to allow delayed remittance of Municipal Accommodation Tax (MAT) payments by hotels until June 30, 2020, in line with other relief measures the City is providing. On March 25, 2020 the Ministry of Finance stated that the government will be postponing the planned property tax reassessment for 2021 to provide stability to Ontario’s property taxpayers and municipalities. This means properties assessments for the 2021 taxation year will continue to be based on the same valuation date that was in effect for the 2020 taxation year. Interest still applies on overdue arrears balances (I.e. past due at December 31, 2019 and older). At this time, penalty is being waived for 2020 taxes for the next three months to June 30. Payment would need to be made by June 30 to avoid penalty being added in July. This date can be revisited by Council closer to June 30 if further measures are required. Page 44 of 251 A request has been made by the Local Area Municipalities (LAMs) for the Region of Niagara to roll back water and sewer rates to the 2019 rates for 2020. Staff will present the Utility Budget to set water and sewer rates by mid -April.Page 45 of 251 •A joint effort announced by Niagara’s Mayors and Regional Chair to support local businesses impacted by COVID. •Comprised of professional economic development staff across Niagara’s municipalities who will go beyond municipal boundaries, working together to respond to the changing needs of local business and employers. The Rapid Response Team is currently: •Working together to survey business needs. •Advocating on behalf of Niagara’s business community and help keep business going. •Compiling information about federal and provincial support programs that have been announced for businesses and employers. . •Survey sent to businesses to document the impact of COVID -19 and inform recovery planning and additional supports for the business community.Page 46 of 251 •An emergency is defined under the Emergency Management and Civil Protection Act as “a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise.” •Under the Emergency Management and Civil Protection Act , only the head of council of a municipality (or his or her designate) and the Lieutenant Governor in Council or the Premier have the authority to declare an emergency. •An emergency declaration may extend to all or any part of the geographical area under the jurisdiction of the municipality. •If the decision is made to declare an emergency, the municipality must notify Emergency Management Ontario as soon as possible. Although a verbal declaration of emergency is permitted, all declarations should ultimately be made in writing to ensure proper documentation is maintained. •March 23, 2020 Comments from Minister of Municipal Affairs & Housing, Steve Clark: •if a municipality declares a state of emergency during the COVID-19 event -it does not mean any additional monies and no funds will be compensated for by the province that would be different than a municipality that doesn’t declare •each municipality will be treated the same -regardless of declaring a state of emergency. •it was also pointed out that, in declaring a state of emergency, be careful not to create undue panic during these very stressful times. Page 47 of 251 Staff recommend that: •Council endorse the COVID-19 response measures already implemented by staff •Council reconvene in two weeks time to: •Approve additional measures and service level changes post April 30,2020 •Consider the Utility Budget Within the next four weeks,Staff will bring forward recommendations related to further 2020 Budget deliberations.Page 48 of 251 CD-2020-04 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: City Clerk SUBJECT: CD-2020-04 Electronic Participation at Council Meetings RECOMMENDATION For the Information of Council. EXECUTIVE SUMMARY Niagara Falls City Council amended their Procedural By-law during an Emergency Meeting of Council on March 20, 2020. This amendment is to allow for electronic participation in open meetings of Council only during the time period in which a State of Emergency has been declared by the City or the Province of Ontario. With the passage of Bill 68 in 2017, some municipal Council’s chose the option of including electronic participation within their procedural by-laws, however physical quorum was still required in order to hold the meeting. With the recent passing of Bill 187, now all of those members participating electronically may count towards reaching a quorum. With electronic participation being approved procedurally, some thought must be given on how to implement this practically during a meeting. BACKGROUND The province is providing municipalities with the tools they need to ensure local decision making by municipal councils is not affected by existing quorum requirements during emergency situations, such as the one we are facing now with the Covid -19 pandemic. These changes to the Municipal Act allow members of councils, committees and certain local boards who participate in open and closed meetings electronically to be counted for purposes of quorum during emergencies declared by the Province or a local Head of Council. The by-law to amend the City’s procedural by-law only allows for electronic participation in open meetings. These provisions were/are optional, and municipalities continue to have the flexibility to determine if they wish to use these provisions and incorporate them in their individual Page 49 of 251 2 CD-2020-04 April 2, 2020 procedure by-laws. Our Council has reviewed their procedure by-law and determined to provide for electronic participation in open meetings during “Emergency” situations. These changes apply in the event of an emergency being declared by the municipal Head of Council (Mayor) or by the Premier of Ontario under the Emergency Management and Civil Protection Act. Once the emergency has ended, regular meeting rules apply. Notwithstanding any provision of the Procedure By-law, during the Emergency, meetings of Council shall be considered meetings open to the public under section 239 of the Municipal Act, 2001, if the meeting is live streamed to a service available to the public electronically. Unless otherwise approved by Council, there shall be no presentations or delegations permitted at meetings held during the Emergency except as required by the provisions of the Municipal Act, 2001 or the Planning Act or any other Act. DISCUSSION In undertaking an update of the City’s bylaw to govern the calling, location and proceedings of Electronic Meetings, the following practices will be followed when any or all Council Members participate in a meeting by electronic means:  At minimum, the Clerk and the Chair shall be present in Chambers to conduct the Council meeting  The Member(s) participating in a meeting by electronic means shall be available at least 15 minutes before the beginning of the meeting to assist staff in establishing the electronic connection.  The Member participating by electronic means will mute his or her electronic device when he or she is not speaking.  The Chair or Clerk will monitor any Member(s) participating electronically about their intentions to speak to a matter and the Chair will notify the Member when it is his or her turn to speak.  After putting a motion to a vote, the Member participating by electronic means will be required to identify verbally how he or she wishes to vote.  A Member participating by electronic means shall inform the Chair about his or her intentions to leave the meeting either on a temporary or permanent basis.  A Member participating by electronic means will be deemed to have left the meeting when they are no longer electronically connected to the meeting.  In the case of a loss of connection, or any connection issue which impedes the ability of a Member to participate in the meeting in real time, the meeting will continue with or without attempts by either staff or the Member(s) to reconnect. Page 50 of 251 3 CD-2020-04 April 2, 2020 To provide Council with some further information on what other local municipalities are doing with regards to electronic participation at Council meetings, please see the chart below. Municipality Holding Public Mtgs Ex. Planning Act Electronic Participation In Closed Meetings? Fullly Electronic Participation In Open Meetings? Staff In the room Program Used Open To Public? Live- Stream Fort Erie No Yes Mix No * Zoom No Yes Grimsby No Yes Yes Yes Zoom ** No Yes Lincoln No No Mix Mix Zoom ** No Next day Niagara Falls No No Mix No * Zoom No *** Yes NOTL No Yes Yes No MSTeams No Yes Pelham No Yes Mix No * Skype Next day Port Colborne No No Mix Mix MSTeams Yes Yes St. Catharines No Yes Yes Zoom Thorold No No Yes Yes Zoom Yes Yes Wainfleet No No Welland No Yes Yes Yes MSTeams No Yes West Lincoln Canceling Yes Mix Mix CallBridge Yes Next day Region No Zoom **** - * Only the CAO & Clerk in the room - ** Also considering using MicroSoft Teams in the future. - *** Only Press - **** Looking to order for future meetings FINANCIAL IMPLICATIONS/BUDGET IMPACT Minor financial implications for the purchasing of software to accommodate electronic participation. CITY’S STRATEGIC COMMITMENT The amended Procedure Bylaw aligns with Council’s 2015-2018 Strategic Plan. Page 51 of 251 4 CD-2020-04 April 2, 2020 LIST OF ATTACHMENTS None. Recommended by: Bill Matson, City Clerk Respectfully submitted: Ken Todd, Chief Administrative Officer Page 52 of 251 FS-2020-02 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Fire Department SUBJECT: FS-2020-02 Station 5 Parking Lot RECOMMENDATION That Council receive the Station 5 Parking Lot report for consideration. EXECUTIVE SUMMARY The Willoughby Volunteer Fire Department owns the property at 11208 Sodom Road which the City has been leasing the apparatus bays and utilizing the hall portion for lectures. The parking lot area is in need of repaving for a total cost $156,400.00. The Willoughby Volunteer Fire Department have approached the City of Niagara Falls to assist in this endeavour. Their request is that we assist with an interest free loan for any contribution the City deems appropriate and to allow them to raise the funds to cover this expense. BACKGROUND The City of Niagara Falls Fire Department has been housing fire apparatus and responding out of the Willoughby Fire Station since amalgamation. Up until 2012 , there was no formal agreement. The current Lease Agreement expires June 23, 2025. Contained within the agreement is a pay schedule which assigns the amount of Twenty- Five Thousand ($25,000.00) plus HST annually paid in quarterly installments. This amount was set in 2015 and increases by the Consumer Price Index for Canada each year. In 2020, the Corporation of The City of Niagara Falls is paying Twenty-Six Thousand eight hundred and twenty-two dollars and forty cents ($26,822.40) plus HST. The Willoughby Volunteer Fire Department does a considerable amount of community work including hosting election polls. The parking lot is in need of repair to ensure the safety of the users. During Fire Department training nights and when responding to an emergency, we utilize approximately fifty percent (50%) of the parking spaces available. Page 53 of 251 2 FS-2020-02 April 2, 2020 Therefore, the following options for Council’s consideration are outlined below: 1. Decline the request. 2. Approve an interest free loan for the total amount. With the interest free loan the City can collect the money back through reducing the annual rent by a portion equal to ($10,000.00) paid by the City of Niagara Falls. This would allow the City to recover the money within 15.5 years. 3. Pay 50% of the cost and give the Willoughby Volunteer Fire Department an interest free loan for the remaining amount. With the interest free loan the City can collect the money back through reducing the annual rent by a portion equal to ($10,000.00) paid by the City of Niagara Falls. This would allow the City to recover the money within 7.5 years. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The potential cost to the City would be associated with the option Council wishes to pursue. CITY’S STRATEGIC COMMITMENT The partnership represents a strengthened relationship with the Willoughby Volunteer Fire Department and the local community. LIST OF ATTACHMENTS 1. Willoughby Volunteer Fire Department and The Corporation of The City o f Niagara Falls Lease Agreement dated June 23, 2015. Recommended by: Jim Boutilier, Fire Chief Respectfully submitted: Ken Todd, Chief Administrative Officer J. Boutilier:dt Page 54 of 251 THIS INDENTUREmade effective this 23"‘day of June,2015. IN PURSUANCEOF THE SHORT FORMS OF LEASES ACT,R.S.O.1990. 'BETWEEN: WILLOUGHBYVOLUNTEER FIRE DEPARTMENT Hereinafterreferred to asthe "Lessor or Landlord" -and- THE CORPORATIONOF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Lessee or Tenant" WHEREASthe Lessor is the owner of the lands and premisesmunicipally known as 11208 ‘Sodom Road,Niagara Falls,Ontario (the “Lands"),and-more particularly described in Schedule "A”attached hereto; ANDWHEREAS it is recognized and agreed as between the parties that,although the Lessor bears the name “Willoughby Volunteer Fire Department”there is only one official Fire Department in the City of Niagara Falls;that official Fire Department being known as the Niagara Falls Fire Department which operates out of,among other locations,11208 Sodom, Niagara Falls (Station 5). AND WHEREAS for the purposes of this Agreement,the Fire Chief means the Fire Chief of the Niagara Falls Fire Department. PREMISES,TERMAND RENTAL: 1.01 WITNESSETH that in consideration of the rents,covenants,conditions and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed,the Lessor cloth demise and lease unto the Lessee a portion of the building located on the Lands which includes the apparatus floor/garage area,including associated storage areas,and the office space,all hereinafter referred to as the “Demised Premises”,more specifically shown in heavy.outline on Schedule “B”attached hereto.All equipment chattels owned by the tenant must be identifiedand included in schedule C and to be updated from time to time with an acknowledgement from the landlord. 1.02 TOHAVE AND TO HOLD the Demised Premises for and during the term of ten (10) years to be computed from the 23”’day of June,2015 (the “Lease Commencement Day”)and from thenceforth next ensuing and fully to be complete and ended on the 23”‘day of June, 2025. 1.03 YIELDINGAND PAYINGthereforduring the said term to the Lessor,its successors and assigns without deduction or offset,the sum of TWENTY-FIVETHOUSAND DOLLARS ($25,000.00),plus HST,perfannum,payable in advance QUARTERLY at the start of each meteorlogical season (March 1,June 1,September 1 and December 1).The open rental’ agreement is paid at the end’of each rental period at approximately the end of each calendar year.Upon commencement of this agreement all arrear rent willbe paid in full with HST. 1.04 IN EACH YEAR OF THE TERM following the first year of the term,the amount paid by the Lessor as set out in paragraph1.03 above,shall increase by an amount defined as the percentage increase in the Consumer Price Index for Canadaas of February in each year of the term and the amount so calculated shall constitute the rent and shall be payable on the same terms and conditions as set out in paragraph 1.03 above. 1.05 PROVIDED THAT the Lessee is not in default under any terms contained in this Lease,the Lessor shall,upon the written request of the Lessee given to the Lessor not more than six (6)months and not less than three (3)months prior to the expiration of the original term of this Lease,grant to the Lessee a renewal of this Lease for a further term of ten (10) years on the same terms and conditions,save and except for any further renewals. Page 1 of 5 Page 55 of 251 1.06 THE PARTIESHERETO ACKNOWLEDGE AND AGREE that both the Lessor and the Lessee shall have the option to terminate this Lease at any time,provided that the party wishingto terrninategives the otherninety (90)days prior written notice of its intention to exercise this right.On the termination date specified in such notice (the “Termination Date”), the Lessee shall deliver up vacant possession of the Demised Premises and this Lease will be fullyand completely ended as of the TerminationDate.’ LESSEE'S COVENANTS: 2.01 THELESSEE COVENANTSWITHTHELESSOR: a.To pay rent. b.To pay Harmonized Sales Tax (HST)which may be assessed or imposed in respect of the rents,personal property,fixtures,business or lncomeofthe Lessee. c.To be responsible for the cost of all work related to telephone and internet charges required by the Lessee,as determined appropriate by the Fire Chief. d.To abide by and comply with all lawful statutes,by-laws,rules and regulations of every parliamentary,municipal or other authority which in any manner relates to or affects the Demised Premises by reason of the tenancy of the Lessee;and to put the said premises in such state of repair as to comply with the said statutes,by-laws,rules and regulations and to indemnify and save harmless the Lessor from any penalty,costs,charges or damages to which the said Lessor may be put or suffer by reason of having to alter the said premises to conformwith any such statute,by-laws,rules or regulations by reason of the tenancy of the Lessee. e.Not to erect signs on the premises without approval of the Lessor. f.To keep the Demised Premises and every part thereof in a clean and tidy condition and not permit waste paper,garbage,ashes or waste or other objectionable material to accumulate thereon. g.To maintain,keep and repair,at the standard of a reasonable owner,all of the Demised Premises and every part thereof.AND that it will repair,reasonable wear and tear and damage by fire,lighting or tempest or by or as a result of war,acts of God,civil commotion, riot or insurrection or other casualty arising other than from the negligence of the Lessor by its employees or invitees only excepted.AND IF the Lessee shall fall to make the necessary repairs in the manner hereinbefore described,after due notice,then it shall be lawful for the Lessor and its agents,servants and employees to enter the said Demised Premises and have the same repaired in a proper manner and to render a reasonable account for such repairs to the Lessee and the Lessor shall have the same remedies to enforce payment thereof as the Lessor has in respect of arrears of rent.. h.To provide,maintain and keep in force for and during the term,public liability and property damage insurance in the name of .the Lessee in respect of the Demised Premises and the Lessee's operation thereon,with a limitof not less than FIVE MILLIONDOLLARS ($5,000,000.00)inclusive and to furnish to the Lessor a Certificate of said coverage;such policy to include the Lessor as an additionalinsured.in the event of a loss the payment for damages and loss of income to the lessor shall be made directly to the landlord. i.The Lessee shall indemnify the Lessor against all fines,suits,claims,demands and actions of any kind to which the Lessor may become liable by reason of any breach,violation or non-performance by the Lessee of any covenants,term or provision of this Lease or by reason of any injury occasioned to or suffered by any person or any property because of any wrongful act,neglect or default by the Lessee or any of its employees,servants or agents. j .The Lessee agrees to providesnow clearingservices only forthe purposesof allowing efficientemergency vehicle access and Fire Services related parking at the facility. Page 2 of 5 Page 56 of 251 2.02 The Lesseeshall not assign or sublet the wholeuorany portion of the Demised Premises without the consent of the Lessor in writing first had and obtained,such consent notto be unreasonably withheld.Anyassignment or subletting shall in no event relieve the Lessee from the responsibilityof observing and performing the covenantsherein contained including the payment of rent for the whole of the term of the withinLease and renewal thereof. LESSOR'S COVENANTS: 3.01 THELESSOR COVENANTSWITHTHE LESSEE: a .For quiet enjoyment. . b.To provide the Lessee,its employees and agents,shared use of the washroom and laundry facilities located in the building on the Lands. c.To provide the Lessee,its employeesand agents,shared use of the parking lot located on the Lands. d.To keep the Demised Premises and every part thereof in a clean and tidy condition and not permit waste paper,garbage,ashes or waste or other objectionable material to accumulate thereon.- 4.01 PROVISO FOR RE-ENTRYfor non—payment of rent and/or non-performance of covenants,subject to the provisions of the Lease. a.if the Lessee shall fall to pay an instalment of rent payable hereunder when due and shall allow such default to continue for five (5)days or shall fall to perform any of the covenants,conditions and agreements contained and shall allow any such default to continue for ten (10)days,then the Lessor may take possession of the Demised Premises herein described and this Lease Agreement shall be terminated. b.in case suit shall be brought for recovery of possession of the leased premises,for the recovery of rent or any other amount due under the provisions of this Lease,or because of the breach of any other covenant herein contained on the part of the Lesseeto be kept or performed,and a breach shall be established,the Lessee shall pay to the Lessor all expenses incurred therefor,including a reasonablesolicitors’fee. 5.01 Provided that the Lessee may remove from the Demised Premises during the term of this Lease or any renewal thereof any chattels,fixtures or effects that are listed in Schedule C as acknowledged by the landlord in writing. 6.01 Upon the expiration of this Lease either by notice or by expiration of the term or for any cause,the Lessee may remove its fixtures from the Demised Premises.in the event that removal of such chattels and items causes any damage to the demised premises,such damages shall be remediated at the sole cost to the Lessee. 7.01 The Lessee may make interior improvements and changes to the Demised Premises for the purposes of carrying on their day-to-day activities. 8.01 The Lessee agrees that the withinLease constitutes the entire understanding between the parties hereto and that there are no representations or warranties,oral or othen/vise, except as contained herein.The Lessee further agrees that it has inspected the Demised Premises prior to the commencement of this Lease and that by virtue of these presents accept the said premises in the conditionthat the same were in as of the commencement of this Lease. 9.01 The Lessor shall not be responsible in any way for any injury to any person or for any loss of or damage to any property belonging to the Lessee,or to employees,invitees or licensees of the Lessee while such person or property is in the building located on the Demised Premises,including (without limiting the foregoing)any damages to any such property caused by steam,water,rain or snow which may leak into,issue or flow from any .part of the said building or any adjacent or neighbouring lands or premises or from the water, steam or drainage pipesor plumbing works of the Demised Premises or from any other place Page 3 of 5 Page 57 of 251 or quarter unless suchdamageis caused by anything done or omitted to be done by any othertenant of the saidbuildingandunless such arise through the negligence of the Lessor, its servants,agents,invitees and licensees.The Lessee covenants to indemnify the Lessor of and from all loss,costs,claims or demands in respect of any injuries or damage referred to in this paragraph for which the Lessee is in law responsible. 10.01 If the Lessee shall fall to perform any of the covenants or obligations of the Lessee under or in respect of this Lease,the Lessor may from time to time,in its discretion,perform or cause to be performed any of such covenants or obligations,or any part thereof,and for such purpose may do such things as may be requisite,including,without limiting the generality of the foregoing,the right to enter upon the Demised Premises or any part thereof as the Lessor may consider requisite or necessary.The Lessee covenants that all expenses incurred and expenditures made by or on behalf of the Lessee together with interest thereon at the rate of 10%per annum,shall be forthwithpaid by it to the Lessor,upon receiving written demand,‘and failing payment,forthwithupon such demand,such amounts may be collected as rent in arrears. 11.01 IT IS HEREBYAGREED by and between the parties hereto that any notice in writing which either party may desire to give to the other with regard to any matter or thing in this Lease contained may be validly and effectually given by mailing the same by prepaid registered post or facsimiletransmission,if intended for the Lessor,to: The Willoughby Volunteer Fire Department 11208 Sodom Road Niagara Falls,Ontario L2E 6S6 Attention:Board of Directors and if intended for the Lessee,to: The Corporation of the City of Niagara Falls 4310 Queen Street P.O.Box 1023 Niagara Falls,Ontario L2E 6X5 Attention:Legal Services Telephone:(905)356-7521 Facsimile:(905)371-2892 and any such notice,if mailed,shall be conclusively deemed to be given to and received by the other party,three (3)business days after the mailing thereof or if sent by facsimile transmission,on the date the facsimile transmission was sent. 12.01 The captions in this Lease are for convenience only and are not to be considered as part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 13.01 Words importing the singular number only shall include the plural and vice-versa,and words importing the masculinegender shall include the feminine gender and words importing persons shall include firms and corporations and vice-versa. 14.01 Unless the context othenNise required,theword "Lessor"and the word "Lessee" whenever used herein shall be constructed to include and shall mean the successors and assigns of the Lessor and the successors and assigns of the Lessee. Page 4 of 5 Page 58 of 251 INWITNESS WHEREOFthe parties hereto have hereunto affixed their corporate seals!duly attested by the hands of their proper signing officers and the said signing officers certify that they have authority to bind their corporation.- ‘unteer Fire Department Board of Directors,4AssociationPresident: Adonis Somerville Director : Ben Trendle Director : Rob om Director : C Herb Michitsch Director : Chris Turcotte The Corporation of the City of Niagara Falls, I 0 Mayor 2 ___(£0 /"."":' James M.Diodati City Clerk: Dean Iorfida Page 5 of‘5 Page 59 of 251 SCHEDULE “A” Part of Lot 12,Concession 2,Willoughby,as in Instrument Number RO83777,except instrumentNumber BB30062,City of Niagara Falls,Regional Municipalityof Niagara, as described in PIN 64253-0066 (LT). Page 60 of 251 wm?awn.... nun..Lm...cm. Ea.”.u..u_._..2.. uxsv.....A.».......n ~um.u-%...~... -.rw:wDd .-A W +«.\ wm?..m-ncK NwmW.Eaumm «mm:5-3m 0:49429%_u>Fmlammdp?oz#m D 1\cP t ’..:Vv|.f....P~..u :W...... .«...nw..¢.._:..? ll..uau:..av;.44.f,9..4.n..~.2..(w ¥ 332MFOOW --~«..._......-- . umm:...»..-2.vq mum”_..v..,...m; Ir-I :.a».?:...n...w.3n mum...Lmhpw mum.“.3-0.3wan..u.5w .‘>-...1 ' “?u ETHGEHOS'.rzlj L- Page 61 of 251 SCHEDULE “C” Items to be maintainedby City of Niagara Falls at Fire Station 5: Allfire related materials Radiant tube heating in truckbay area Lighting/ceilingfans in bay area Roll up doorslcontrollers Captain's office furniture Fire gear washer and fire gear dryers Compressor Page 62 of 251 PBD-2020-20 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-20 2 Percent Parkland Dedication Tourist Commercial & General Commercial Areas RECOMMENDATIONS That City Council: 1. Adopt the recommended changes to the parkland dedication by-laws, as outlined in this report; and 2. Direct staff to bring back the by-law amendments to the next Council meeting. EXECUTIVE SUMMARY The City passed By-law No. 98-151, to provide for the conveyance of 2 percent parkland or payment of cash-in-lieu for development and redevelopment of lands zoned Tourist Commercial, Camping Establishment Commercial and General Commercial in prescribed tourist areas of the City. The by-law has been in place approximately 22 years and is in need of updating to clarify implementation and to remove any dis incentives to redevelopment. Similarly, By-law No. 2000-68 requires the conveyance of 1 hectare of land or cash-in-lieu for every 300 residential units in a development or redevelopment project. This report outlines various revisions to the parkland dedication by-laws. Amending by-laws are presented on tonight’s agenda for passing. BACKGROUND In 1998, City Council adopted a Tourist Area Development Strategy (TADS) prepared by Urban Strategies. The TADS recommendations largely set out the current regime for heights in the tourist core and the various satellite tourist districts. A s part of the implementation, Council approved a motion to require boulevard landscaping (collected as part of a Section 37 Planning Act agreement) and require a 2 percent park dedication as part of the development approval process. On July 13, 1998, Council passed By-law No. 98-151 respecting the conveyance of land for park purposes. Schedule 1 to this report illustrates the areas where this by-law applies. As an alternative to accepting a 2 percent dedication of land, the By-law provides for a payment in lieu of land. The Planning Act states “…the value of the land shall be determined as of the day before the day the building permit is issued…”. This value is established by a qualified land appraiser. All monies collected are held in a separate reserve account to be used for park purposes. TADS established that it shall be Council policy that a significant open space system shall be developed throughout the Tourist Area including a continuous publicly-accessible trail along the top of the moraine from Clifton Hill to the southern end of Fallsview (the trail currently exists from the Skylon Tower to the incline Railway). TADS also references new and improved pedestrian connections to Queen Victoria Park and public squares. The Official Plan policies Part 2, Section 4, Page 63 of 251 2 PBD-2020-20 April 2, 2020 4.3.11 to 4.3.16 address the open space system, which is further illustrated on Figure 3 (see Schedule 2). Recent developments in the tourist area are creating incongruo us situations. Where redevelopment occurs in a Community Improvement Plan (CIP) area, the City provides financial incentives to re-invest in these areas, but would claw back some of the incentives by requiring payment in-lieu of parkland fees. In other instances, parkland fees would be taken where redevelopment occurs only by demolishing existing tourist facilities which carry an intrinsic land value prior to the increased value resulting from rezoning. Accordingly, it is logical to revisit the implementation of the cash payment in lieu of a 2 percent parkland dedication. Similarly, By-law No. 2000-68 provides for the dedication of parkland at a rate of 1 hectare for every 300 units in a residential development or redevelopment project or cash-in-lieu. Again, the payment of parkland fees would be a disincentive to investment in a CIP area of the City. This requirement should be re-examined. ANALYSIS/RATIONALE The timing for the determination of land value is set by the Planning Act as the day before the building permit is issued. The City must comply with the legislation. Nonetheless, the City does have some flexibility, in as much as the Planning Act allows municipalities to set the extent of parkland dedication to be a maximum of 2 percent. Therefore, the City can set the required dedication at any level up to 2 percent. In addition, the City has the opportunity to apply the 2 percent parkland by-law to the whole or any defined area of the City. Schedule 1 shows the areas of the City to which the 2 percent by-law currently applies. This map has previously been amended in December 1998 and April 2006. The current by-law states as a condition of development or redevelopment, land equal to 2 percent of the total area “for (a) tourist commercial purpose” shall be conveyed. Residential development is not considered a tourist commercial land use, therefore, the 2 percent by-law would not apply to the land area associated with the dwelling units. For clarity, in the case of a mixed-use building, only the proportional share of the land area associated with the percentage of commercial floor area of the whole building should be used to calculate parkland dedication. Wording should be added to the by-law for clarity. At the time the 2 percent parkland by-law was passed in 1998, no Community Improvement Plan (CIP) areas had been established within the City. In order to remove any conflict between the intent to incentivize redevelopment through CIP programs and requirements of the 2 percent parkland by-law, revisions should be undertaken to update the mapping to remove those areas of the City within CIP areas. Currently, for those properties where tourist facilities are demolished in order to accommodate redevelopment, there is no means to provide a credit for the value of the land prior to rezoning. Rather than implementing a complex formula of a credit system, a recommended approach would be to require only a 1 percent parkland dedication where buildings have been removed in order to accommodate the redevelopment. Further, in the case where development or redevelopment has occurred and a parkland dedication was previously made or a cash in-lieu payment provided and the lands are subsequently rezoned to further intensify the property, the current system of calculations and credits can be simplified. It is recommended that a payment equivalent to 0.25 percentage of the land value be paid at the time of building permit application for each additional 10 storeys, or part thereof. Page 64 of 251 3 PBD-2020-20 April 2, 2020 Redevelopment of residential uses are subject to By-law No. 2000-68 which prescribes a parkland dedication of 1 hectare for each 300 dwelling units or at a lesser rate as may be specified. This by-law was passed prior to the establishment of CIPs where the intent is to encourage reinvestment. Since Council has the discretion to set a lesser rate, it is recommended that the by-law be updated to add a new section which would exempt the dedication of parkland or cash-in-lieu for any property to be redeveloped which is located within a CIP area. The introduction of more residential uses would help regenerate fiscally depressed areas of the City. In the case of mixed use buildings, outside of CIP areas, parkland for any development or redevelopment will be calculated based on the proportional share of land for commercial area versus residential uses at the previously identified rates. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The intent of the parkland dedication is to cover the costs of creating an open space system of public trails, plazas and parks for the enjoyment of visitors and residents. Modifications to the existing parkland by-law to lower or remove land dedication will ensure that development pays for parkland needs, albeit at a slightly slower pace. In the case of a significant increase in the number of new residential units in redevelopment areas, there could result a shortfall of parkland. If this occurs, the City will need to reassess its program again. CITY’S STRATEGIC COMMITMENT Proposed changes to the 2 percent parkland by-law and the residential redevelopment by-law will serve to complement existing incentives to support redevelopment leading to a vibrant economy. Payments will be placed toward public recreational activities which will contribute to the City’s goal to be a healthy, safe and livable City. These changes would align with creating a diverse economy by stimulating private investment with the City’s CIP areas. LIST OF ATTACHMENTS  Schedule 1 – Schedule A to By-law 98-151, as amended by By-laws No. 98-275 & 2006-73  Schedule 2 – Figure #3 – Open Space Plan, Official Plan, Part 2, Section 3 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Herlovitch:gd Attach S:\PDR\2020\PBD-2020-20, 2% Parkland Dedication, Tourist & General Commercial Areas.docx Page 65 of 251 4 PBD-2020-20 April 2, 2020 SCHEDULE 1 Page 66 of 251 5 PBD-2020-20 April 2, 2020 SCHEDULE 2 FIGURE #3 – OPEN SPACE PLAN, OFFICIAL PLAN, PART 2, SECTION 3 Page 67 of 251 PBD-2020-21 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-21 GTY-2020-001, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application 8001 Blackburn Parkway Industry Brew Factory (Applicant: 5009939 Ontario Inc.) RECOMMENDATION 1. That Council approve the Niagara Gateway CIP Tax Increment Based Grant program and Municipal Employment Incentive Program Application for 8001 Blackburn Parkway subject to the Owner satisfying the program requirements. 2. That Council approve the use of the Capital/Operating reserve to offset the approximate planning and building permit fees of $ 16,037.00. 3. That the Niagara Region be advised of the decision of City Council. 4. That the Mayor and Clerk be authorized to sign and execute the Tri-party grant agreement and Municipal Employment Incentive Program Agreement. EXECUTIVE SUMMARY The Economic Gateway CIP and Municipal Employment Incentive Plan applications can be supported as: - the lands are designated Industrial in the City’s Official Plan and are recognized as QEW Employment Lands; - the lands are located within the Strategic Location for Investment under the Gateway Community Improvement Plan; - it meets the minimum point eligibility requirements for both programs; and - the development will bring a combination of investment and new employment to the City and Region. BACKGROUND Industry Brew Factory has proposed a new industrial facility containing a contract brewing, co-packing and partner brewing facility. The new facility will have a ground floor area of 3166.6 m2 (34,086 ft2) on a 28,182.3m2 (6.9ac) parcel of land within the City’s Montrose Business Park. Page 68 of 251 2 PBD-2020-21 April 2, 2020 It is estimated that 10 new full time employment positions will be created through this development. The City approved a site plan control agreement for the lands in late 2019. An application for the tax increment based incentive under the Niagara Gateway Community Improvement Plan has been submitted as well as an application under the City’s Municipal Employment Incentive Program for a rebate of site plan control application fees and building permit fees. ANALYSIS/RATIONALE The Niagara Gateway Economic Zone Community Improvement Plan (Gateway CIP) was initiated by the Niagara Region to achieve the goals of the Province’s Growth Plan to: revitalize, diversify and strengthen the economy in Niagara by promoting development of employment lands in the Gateway Economic Zone. The Region’s Gateway CIP was adopted in 2013 and the City approved a corresponding CIP soon after. Development, construction, or rehabilitation projects that result in an increase in assessment value and property taxes for employment uses are eligible for the tax increment based grant (TIBG) under the Gateway CIP. Eligibility The subject lands are designated Industrial and identified as QEW Employment lands in the Official Plan and are zoned Prestige Industrial (LI) under Zoning By-law 79-200. The new brewery complies with the City’s Planning documents and a site plan control agreement was entered into with the City in September 2019. Gateway Tax Increment Based Grant (TIBG) Eligibility under the Gateway Grant program is based on a point formula attributed to construction value, full time employment created or retained and smart growth design criteria. The total of these points correspond to the level of the tax increment based grant offered. Based on a review of the application applicant submitted the development could attain:  2 points for a construction value of $2,800,000;  6 points for a total of 10 full time jobs created; and  5 points for design criteria (including architectural design, parking layout, cycling facilities, energy efficiency and decreased water consumption); for a total of 13 points or a rebate of 65% of the increased tax assessment. The final points assessment will be determined with a final confirmation of the actual jobs created, tax assessment increase, and any other relevant program requirements. Page 69 of 251 3 PBD-2020-21 April 2, 2020 The subject lands are located within a Strategic Location for Investment within the Gateway CIP Project Area and are therefore eligible for a TIBG term of 10 years for both the Regional and City portion of the tax increment. It is noted that the education tax is not included within the grant. Municipal Employment Incentive program (MEIP) The City’s Municipal Employment Incentive Program (MEIP) offers further incentives to those applicants who have been deemed eligible under t he Gateway TIBG. These include:  a waiver to the Site Plan Control Application Fee; and  a Building/Occupancy Permit Rebate (a rebate of 100% of the building permit fee to a maximum of $50,000, subject to the availability of funding). The building permit would be rebated only after final inspection and clearance by the Building Division. The following is a breakdown of all of the financial incentives estimated for this project totalling $580,797.47. TIBG $568,760.47 a 65% rebate of the estimated tax increment calculated at $56,876.05 per year over a 10 year term. The breakdown of tax rebate per year is $28,204.25 from the City and $28,671.79 from the Region. $4,000.00 Site Plan Control Application Fee waiver $12,037.00 Building Permit Fee Rebate (estimate). Process As a joint program between the City and the Niagara Region, the approval of City Council is required prior to Regional review for the Gateway TIBG. If approved; the applicant must enter into a Tri–Party Agreement with the City and Region outlining the terms and conditions of the funding. This agreement would be authorized and signed by the Mayor and Clerk and forwarded to the Region for signature. An agreement will also be entered into between the City and the applicant for the te rms and conditions of the MEIP. The payment of grants commence upon verification of the program requirements and reassessment of the property MPAC (Municipal Property Assessment Corporation). Applicants are given 365 days from the issuance of an occupancy permit within which t o contact the City regarding the achievement of the eligibility points outlined in their submission. Page 70 of 251 4 PBD-2020-21 April 2, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Tax Increment Based Grant (TIBG) is provided when the construction is completed and The Municipal Property Assessment Corporation has added the additional taxable assessment to the roll. This will impact a future taxation year and will be accounted for at that time. Based on the preliminary review of the development, along with an estimated post-project assessment, it is estimated that the applicant may receive a total grant of both Municipal and Regional taxes of approximately $ 56,876.05 per year over 10 years ($568,760.47). The Municipal portion of the grant at the end of the term is estimated to be $ 282,042.54. The property owner has a series of incentives available on this project. It is anticipated that there will be approximately $16,037.00 of applicable planning and building permit fees that will be offset with a transfer of capital/operating reserves. The transfer of building permit fee is a requirement of the building legislation. The industrial development is also exempt from Development Charges per by-law 2019- 69. CITY’S STRATEGIC COMMITMENT The City's Community Improvement Plans contribute to the E conomic Growth and Prosperity Priority of the City by providing incentives for private sector reinvestment and employment for the City. LIST OF ATTACHMENTS  Appendix 1 – Location Map and Proposed Elevation  Appendix 2 – Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer FBerardi:cv Attach. S:\PDR\2020\PBD-2020-21, GTY-2020-001, Gateway CIP MCEIP Application for 8001 Blackburn Pkwy.docx Page 71 of 251 5 PBD-2020-21 April 2, 2020 Appendix 1 Location Map and Elevation Plan Page 72 of 251 6 PBD-2020-21 April 2, 2020 Appendix 2 Site Plan  Page 73 of 251 PBD-2020-22 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-22 Revitalization Grant Application under the Historic Drummondville CIP – DRU-2020-001 Formerly 5510-5526 and 5536 Ferry Street, 5916 Allendale Avenue, 5943 Stanley Ave, and a Vacant Parcel on Stanley Avenue (now consolidated) Applicant: Pawel Fugiel, La Pue International Inc. RECOMMENDATION 1. That Schedule “A” to By-law 2006-226 being a by-law to designate the Historic Drummondville Community Improvement Project Area By-law be amended to include the whole of the lands identified in this report as shown on Appendix 3 attached to this report. 2. That Council approve the Revitalization Grant Application for La Pue International Inc. on lands bordered by Stanley Avenue, Ferry Street and Allendale Avenue subject to the Owner satisfying the program requirements including entering into an agreement with the City of Niagara Falls. 3. That the Mayor and Clerk be authorized to sign the agreement . 4. That the revitalization grant request be forwarded to the Niagara Region for consideration of support under the Smart Niagara Incentive Program (SNIP). 5. That the City request that Niagara Region consider an amendment to Schedule “E4” of the Region’s Development Charges By-law to include the whole of the subject lands as shown on Appendix 3 attached to this report. EXECUTIVE SUMMARY The Revitalization Grant submitted by La Pue International for lands located south of Ferry Street, between Allendale Avenue and Stanley Avenue can be supported because:  the redevelopment will bring a significant improvement to the long vacant gateway corner where Historic Drummondville and the Fallsview Tourist Area meet;  the redevelopment meets the intent of the Historic Drummondville CIP with the redevelopment of vacant lands with a mix of commercial and residential uses; Page 74 of 251 2 PBD-2020-22 April 2, 2020  the redevelopment will result in an increase in assessment value and taxes on a property subsequent to redevelopment thus implementing the purp ose of the CIP. BACKGROUND In April 2019, City Council approved an amendment to the City’s Zoning By-law to permit a residential and commercial development on the former Cupolo’s Sports property on Ferry Street along with adjacent vacant properties to the south. In January 2020, the design and layout of the approved development was changed resulting in:  a 7 storey mixed use building (65 dwelling units and 893 m2 of commercial floor space); and  a 6 storey hotel (148 rooms); and  a 30 storey apartment building (285 dwelling units). As a condition of development, the applicants have merged all properties in title through a deeming process (see Appendix 1). An application for a Revitalization Grant under the Historic Drummondville Community Improvement Plan (CIP) has been submitted. The Historic Drummondville CIP Boundary, adopted by By-law 2006-226, was drawn to include lands that front onto or have connections to Ferry Street and includes only part of the now merged property. Revitalization Grant Program The Revitalization Grant Program offers a financial incentive in the form of a grant to help offset the increased municipal property taxes that can result from the rehabilitation and revitalization of a property. The resulting increase in property assessment and taxes would be eligible for a re-imbursement at a rate of 80% (of the increase) in years 1 to 5; 60% in years 6 and 7; 40% in year 8; and 20% in years 9 and 10. The Niagara Region has previously participated in the Revitalization Grant Program by providing a tax increment rebate on the Region’s portion of taxes. Should Council support the Revitalization Grant application the City will request Regional participation in the incentive. Regional participation in all CIP incentives are subject to available funding under their Smarter Niagara Incentive Program. CIP Boundary Merged Lands Page 75 of 251 3 PBD-2020-22 April 2, 2020 ANALYSIS/RATIONALE The Historic Drummondville Community Improvement Plan (CIP) focuses on the redevelopment of key vacant and underutilized properties in the Plan area and on increasing the number of people living in the area who can support existing and new businesses. Eligible projects under the Revitalization Grant Incentive are those that result in an increase in assessment value and taxes on a property subsequent to redevelopment or rehabilitation of a building or vacant property. The proposed redevelopment of the lands meets the stated intent of both the Plan and the incentive program. The lands are all designated “Tourist Commercial” in the Official Plan and zoned “Tourist Commercial (TC)”. The proposed development will bring a much-needed improvement of built form to the intersection of Ferry Street and Stanley Avenue. Stanley Avenue serves as a meeting point between the Fallsview Tourist District and Historic Drummondville and the CIP recognizes this intersection as a ‘Gateway’ between these two areas. The mix of commercial and residential uses will be a benefit to both the areas in terms of use and aesthetics. In addition, the applicant has entered into a Section 37 Agreement to secure contributions to streetscape improvements along Ferry Street, Stanley Avenue and Allendale Avenue. By-law 2006-226 established the CIP area boundary for Historic Drummondville. The boundary was established to include properties which front onto or have connection to Ferry Street. The boundary cuts through the now merged property and including only a portion of the proposed hotel and residential building. The whole of the mixed use building fronting onto Ferry Street is within the boundary. As a comprehensive development that includes shared underground parking below the whole of the lot may be interpreted as being within the intended boundary of the CIP. However, for the sake of future clarity, it is recommended that the CIP Boundary under By-law 2006-226 be revised to include the whole of the lands (see Appendix 3). An amendment to By-law 2006-226 is not subject to notification requirements under Section 17 of the Planning Act and, if supported, an amending by-law can be forwarded to the April 21st Council Meeting. Page 76 of 251 4 PBD-2020-22 April 2, 2020 FINANCIAL IMPLICATIONS The tax increment based grant is confirmed when construction is completed and the Municipal Property Assessment Corporation (MPAC) has added the additional taxable assessment. La Pue International has noted its intent to comple te all buildings in one phase of development with a target completion date of July 2022. The tax assessment applied upon completion of the project will be the basis of the actual grant calculation in the Revitalization Grant Agreement. Tax increment bas ed grants impact future taxation years and will be accounted for at that time. Based on the estimated construction value of $151,319,000.00 and the estimated increase in tax assessment, the City’s portion of the grant may total approximately $5,548,187 at the end of the 10-year grant period. Should the Region approve the incentive under the SNIP program, the total grant (City plus Region) could total $11,188,347. The final grant amount will be calculated using the actual post -project assessed values as determined by MPAC. It is noted that the total amount of grants, including development charge reduction s, cannot exceed the total of eligible costs for the development Development Charges Under the City’s Development Charges By-law a 75% residential development charge exemption will be granted for new residential units on lands within the Historic Drummondville Community Improvement Project Area. The policies of the Development Charges By-law were developed to reflect the intent of the CIP and the project area boundary approved through the original adoption of the CIP is included as Schedule “G” to the Development Charges By-law. Consequently, subsequent to the amendment to the CIP Area Boundary under By-law 2006-226 as discussed above, the development charge exemption may be extended to remain consistent with the adjusted CIP Boundary and can be applied to all of the property. Similarly, the Niagara Region’s Development Charges By-law applies a reduction of development charges to lands within the Historic Drummondville CIP Area Boundary under the “Smart Growth” Development Charges Reduction Program. With the current location of the CIP Area boundary: the mixed use building would be eligibl e for a 50% reduction (subject to the achievement of Smart Growth Design Criteria); the whole of the apartment building would not be eligible for a DC reduction; and the hotel would be partially eligible as only 30-40% of the building is within the boundary. An amendment to the Region’s Development Charges By-law to include all of the lands within the CIP Boundary on Schedule “E4” would require a request from the City and the approval of Regional Council. It is noted that the Region is conducting a complete review of the Smarter Niagara Incentive Programs that may have an impact on such a request. The review is expected to be completed in 2020. Page 77 of 251 5 PBD-2020-22 April 2, 2020 Other Financial Requests Building Permit Fee Waiver A waiver to fees, such as a building permit fee, is not permitted under the Municipal Act unless it is an approved incentive program under a Community Improvement Plan under Section 28 of the Planning Act. Unlike the Economic Gateway CIP which targets new employment uses, the Historic Drummondville CIP does not include an incentive for a waiver of building permit fees. Consequently, the City cannot provide such a waiver under the Municipal Act. Cash-in-lieu of Parkland Dedication Fee An exemption to the parkland dedication fee will require an amendment to the City’s By- law No. 98-151 respecting the conveyance of land for park purposes. CITY’S STRATEGIC COMMITMENT The approval of the Revitalization Grant will satisfy Council’s Strategic Priority by implementing the financial incentive programs within the Historic Drummondville CIP and bringing a mix of commercial and residential uses to a gateway intersection that is currently underutilized. LIST OF ATTACHMENTS  Appendix 1 – Location Map and Property Amalgamation  Appendix 2 – Elevations  Appendix 3 – Proposed Revision to the Historic Drummondville Community Improvement Project Area Boundary Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer FBerardi:cv Attach. S:\PDR\2020\PBD-2020-22, DRU-2020-001 Revitalization Grant App, Pawel Fugiel (La Pue International).docx Page 78 of 251 6 PBD-2020-22 April 2, 2020 Appendix 1 Location Map and Property Amalgamation Page 79 of 251 7 PBD-2020-22 April 2, 2020 Appendix 2 Elevations Page 80 of 251 8 PBD-2020-22 April 2, 2020 Appendix 3 Proposed Revision to the Historic Drummondville Community Improvement Project Area Boundary Lands to be included within the Historic Drummondville Community Improvement Project Area Page 81 of 251 PBD-2020-29 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-29 Exemption Request to 2-Year Waiting Period for Minor Variance File: AM-2018-023 By-law No. 2020-06 Property: 5510-5526 & 5536 Ferry Street, 5916 Allendale Avenue & 5943 Stanley Avenue 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 RECOMMENDATION That subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on today’s agenda to grant an exemption to the 2-year waiting period for minor variances and thereby allow La Pue International Inc. to file an application to the City’s Committee of Adjustment for their project. EXECUTIVE SUMMARY  The Smart Growth for Our Communities Act, 2015 was passed in the Ontario legislature and received Royal Assent on December 3, 2015. The Act amended the Planning Act by establishing a 2-year waiting period between an applicant-initiated site-specific rezoning of a property and a minor variance application.  The intent of the new 2-year waiting period is to provide greater control to Council which will determine whether it is appropriate to alter recent zoning by-laws through the minor variance process.  The Planning Act, 1990 R.S.O. provides Council with the ability to permit privately- initiated applications to the Committee of Adjustment for minor variances by passing a resolution. A resolution can relate to site-specific applications, a class of applications, or applications generally.  If Council allows an application to the Committee of Adjustment, it would still be subject to all the normal Planning Act requirements for a public hearing, notice and appeal rights. Council’s decision to permit a privately-initiated application would simply mean that they are satisfied that the zoning regulations can be reviewed and varied by the Committee of Adjustment. Page 82 of 251 2 PBD-2020-29 April 2, 2020  La Pue International Inc. is requesting Council to consider passing a resolution that would allow them to file an application to the City’s Committee of Adjustment for their project. The applicable zoning by-law was passed by Council on January 14, 2020. BACKGROUND Proposal On January 14, 2020 Council passed By-law No. 2020-06, which rezoned the former site of Cupolo’s and additional lands located on the south side of Ferry Street, between Stanley Avenue and Allendale Avenue, to a site specific Tourist Commercial (TC-1110) Zone. Schedule 1 illustrates the location of the land. The TC-1110 zoning permits the construction of three buildings. The three buildings included the following: • Building A - 7 storey mixed use building (65 dwelling units and 893 square metres of commercial floor space); • Building B – 6 storey hotel (148 rooms); and • Building C - 30 storey apartment building (285 dwelling units). Schedule 2 illustrates the overall site plan. In 2019, the applicant’s architect filed an application for site plan approval (SPC-2019-023) for the project. Staff have been working with the architect to finalize the plans for approval. The architect recently determined that relief to the site specific zoning is necessary due to the proximity of the building proposed closest to Stanley Avenue. Stanley Avenue is a Regional road and the Region requires a dedication of land to widen the road. Changes to the Planning Act made in 2015 establish a 2-year waiting period for minor variance applications. Planning Changes The Smart Growth for Our Communities Act, 2015 received Royal Assent on December 3, 2015. The Act amended the Planning Act by establishing a 2-year waiting period for minor variance applications following a privately-initiated site-specific rezoning of a property. The intent of the new 2-year waiting period is to provide Council with control to prevent Council decisions from being reversed or altered. Notwithstanding the 2-year waiting period for minor variances, subsection 45(1.4) of the Planning Act, 1990 R.S.O. provides Council with the ability to allow applications for minor variances to be filed by passing a resolution. ANALYSIS If Council passes the resolution, the normal Planning Act requirements for a public hearing, notice and appeal rights still apply. Council’s decision to permit applications would mean that they are satisfied that the Committee of Adjustment is the appropriate body to review and vary the zoning regulations. Page 83 of 251 3 PBD-2020-29 April 2, 2020 Although only two months have passed since the site specific zoning was approved, there would be no benefit to maintain the balance of the 2 year waiting period before the filing of a minor variance application in this case. The applicant wishes to proceed with the project and is seeking to obtain site plan approval so the development can commence. A resolution is included in tonight’s Council agenda. Should Council adopt the resolution, the owner will be able to make their request to the Committee of Adjustment for the desired variance. The standard Planning Act procedures for notification, public hearing and satisfying the four tests would apply to the minor variance application. As Council may be aware there are logistical issues with holding public hearings at this time. The applicant is aware of this, but would like to have Council’s permission to proceed with an application as soon as possible. CITY’S STRATEGIC COMMITMENT Removal of the 2-year waiting period is consistent with the policy to expedite the approval process in an efficient time period. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer KMech:gd Attach. S:\PDR\2020\PBD-2020-29, Two Year Waiting Period Exemption Request, La Pue International Inc.docx Page 84 of 251 4 PBD-2020-29 April 2, 2020 SCHEDULE 1 Page 85 of 251 5 PBD-2020-29 April 2, 2020 SCHEDULE 2 Page 86 of 251 architectural office: studio office: 1822 danforth avenue 290 glendale avenue, 2nd fl. toronto, on m4c 1h8 st. catharines, on l2t 2l3 416.462.0389 905.984.5545 www.ackarchitects.com March 31, 2020 Ref: 2017-282 Alex Herlovitch, Director of Planning, Building & Development CITY OF NIAGARA FALLS 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Proposed Lifting of Moratorium to permit a Committee of Adjustment Application RE: 5536, 5510-5526 Ferry Street, 5916, 5943 Stanley Avenue, Niagara Falls, ON Dear Mr. Herlovitch, ACK Architects (on behalf of La Pue International) is writing this letter as a request to be a delegation in front of City Council on April 2, 2020 regarding the above mentioned development. The purpose of the delegation is to request City Council to lift the moratorium on the current development to allow for an application to the committee of adjustment to be made. The purpose of our application is to request a reduced building setback along Stanley Avenue. The reason we are not able to comply with the current zoning by-law is due to the 15.25m regional road widening from the centreline of Stanley Avenue being located closer to the property than previously indicated, in turn reducing the building setbacks. Since the building facing Stanley Avenue would now be located closer to the property line than the setback defined in the zoning by-law, a committee of adjustment application would be triggered. ACK Architects as the applicant on behalf of La Pue International thanks you for your consideration in seeking a resolution for Council to permit an application for a Committee of adjustment within this development to allow for a reduced building setback along Stanley Avenue. Respectfully, Michael D. Allen M.Arch., M.U.P., B.Arch. Tech., O.A.A. Principal Architect ACK Architects Page 87 of 251 The City of Niagara Falls, Ontario Resolution April 2, 2020 No. _________ Moved by: Seconded by: WHEREAS the Planning Act, 1990 R.S.O. establishes a 2-year waiting period for minor variance applications which means minor variance applications are not permitted for two years following an applicant-initiated site specific rezoning of a property; and WHEREAS the intent of the 2-year waiting period is to provide greater control to municipalities, prevent zoning provisions that Council determines to be appropriate from being reversed or altered through the minor variance process for 2 years, and to increase stability by affording municipalities the ability to implement site specific zoning by-laws; and WHEREAS notwithstanding the 2-year waiting period for minor vari ances, subsection 45(1.4) of the Planning Act, 1990 R.S.O. provides municipalities the ability to permit privately-initiated applications for minor variances by passing a resolution; and WHEREAS La Pue International Inc. (Pawel Fugiel) requested Council to consider passing a resolution that would permit them to file an application to the City’s Committ ee of Adjustment in regards to applicant -initiated site specific By-law No. 2020-06 that was passed by Council two months ago; and WHEREAS Council determined that permitting La Pue International Inc. to apply for a minor variance to vary the building setbacks, does not undermine Council’s original intention when it passed By-law No. 2020-06. THEREFORE BE IT RESOLVED that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council consents to an exemption to the 2 -year waiting period for minor variances and thereby allows La Pue International Inc. to file an application to the City’s Committee of Adjustment for their development that is regulated by By-law No. 2020-06. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR S:\ZONING\AMS\2018\AM-023\Resolution-Two Year.docx Page 88 of 251 F-2020-08 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-08 2019 Sleep Cheap Event and WonderFalls Pass RECOMMENDATION For the information of council. EXECUTIVE SUMMARY The 2019 Sleep Cheap event raised $133,078 (2018 - $142,962). Overall, since its inception in 2004, the event has raised $2,150,082. On the recommendation of the committee, grants were issued to the selected recipients outlined in the attachment. The 2019 Sleep Cheap event was once again enhanced by the sale of the WonderFalls Pass. This pass provides Niagara residents with an opportunity for discounted prices to some of Niagara Falls non accommodation tourist attractions. The 2019 WonderFalls pass sales totalled $20,300 (2018 - $14,710). Staff recommends this amount to be transferred to a special purpose reserve to be used to improve parks and playgrounds in Niagara Falls. Overall, since its inception in 2015, the WonderFalls pass has raised $104,760. BACKGROUND Sleep Cheap is a fundraising event held annually in the City. The Sleep Cheap event is coordinated by the City in co-operation with members of the City’s tourism industry. The grant recipients are required to submit applications for funding. These applications are reviewed and recipients are selected by the organizing committee. All groups seeking grants must apply to the committee annually. The WonderFalls pass is an initiative developed and recommended by Niagara Falls City Councillor Victor Pietrangelo with the goal of raising funds to not only improve the parks and playgrounds in Niagara Falls, but to make them more accessible. The pass provides Niagara Region residents participating in Sleep Cheap the opportunity to visit some of Niagara Falls non accommodation tourist attractions at a significantly reduced rate. The program runs for the same period as the Sleep Cheap event. Page 89 of 251 2 F-2020-08 March 24, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The various tourism operators contribute all of the funds raised during the Sleep Cheap event. Each of the contributing tourism operators receive a receipt for the funds collected and contributed to the City. A committee made up of a Councillor, City staff and tourism operators coordinate the event, collect the funds and determine the recipients for the monies raised. Attached is the committee’s recommended list of recipients with the designated amounts. Please note there was a 2019 opening balance of Sleep Cheap funds in the amount of $4,488.17. This opening balance was a result of past favourable variances on June book purchases. The opening balance has been included in the amount distributed to charities, $92,284.22. The various tourism operators and City of Niagara Falls locations contribute all the funds raised during the Sleep Cheap event for the WonderFalls Pass sales. Staff recommends that these funds be allocated annually to a special purpose reserve designated for improvement of parks and playgrounds in Niagara Falls. LIST OF ATTACHMENTS Distribution of funds. Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer J. Leavens Page 90 of 251 3 F-2020-08 March 24, 2020 Sleep Cheap 2019 - Distribution of Funds Charity Amount Granted Brain Injury Association of Niagara $ 2,000.00 Heartland Forest Nature Experience $ 10,400.00 Meals on Wheels Niagara Falls $ 6,000.00 Miranda’s Miracles Fund $ 200.00 Niagara Children’s Centre $ 3,750.00 Niagara Falls Art Gallery & Children’s Museum $ 4,000.00 Niagara Falls Community Outreach (Soup Kitchen) $ 16,094.22 Niagara Falls Recreational Minor Hockey League $ 5,000.00 Project Share $ 16,000.00 Red Roof Retreat $ 5,000.00 St. Vincent de Paul Society $ 8,000.00 Women’s Place of South Niagara $ 7,840.00 YWCA Niagara Region $ 8,000.00 Total Contributions to Charity $ 92,284.22 CSPR Niagara South Hospital $ 29,265.35 Optional 25% Dedication to charity By Hotels NCF - Americana/DiBellonia Fund $ 3,437.50 NCF - Courtyard Fund $ 1,957.50 Pathstone $ 593.75 DiCienzo Family Fund $ 8,250.00 NFSPCA $ 1,777.49 Grand total $ 137,565.81 Page 91 of 251 F-2020-14 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-14 Monthly Tax Receivables Report – February 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 February 29, 2020 was consistent with 2019’s value at $17.4 million. During February, tax receivables as a percentage of taxes billed decreased slightly from 18.8% in 2019 to 18.4% in 2020. The City’s finance staff has begun the collection process for properties that are subject to registration for 2020. There are currently eight properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. ANALYSIS/RATIONALE Tax collection for 2020 equals the collection history for 2019 for the month of February. Table 1 shows that taxes outstanding at February 29, 2020 are $17.4 million. This is equal to the amount of $17.4 million in arrears for the same period in 2019. 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 slightly increased from a year ago whereas the commercial property class has slightly decreased. Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2020, 333 properties were subject to registration. Table 3 summarizes the progress of these actions after two months of activity. This table shows 47.7% of the tax accounts or 159 properties have been paid in full or the owners have made suitable payment arrangements. During February, nine accounts were paid in full. Page 92 of 251 2 F-2020-14 April 2, 2020 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of February, one property was registered. The outstanding taxes for registered properties represents 0.3% of the total taxes to be collected. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at February 29, 2020 is 18.4%, which is a slight decrease of 2019’s value at 18.8%. 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 February 29, 2020 Table 2 Taxes Receivable by Property Class at February 29, 2020 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 93 of 251 TABLE 1 Taxes Receivable at February 29, 2020 2020 2019 Outstanding Taxes @ January 31, 2020 13,368,170$ 13,539,190$ Taxes Billed and Due February 28, 2020 47,241,991$ 46,170,345$ Penalty Charged in February 198,985$ 197,938$ Taxes Collected during February 43,398,763$ 42,550,973$ Outstanding Taxes @ February 29, 2020 17,410,383$ 17,356,500$ Taxes Billed and due April 30, 2020 47,241,991$ 46,170,345$ Total Taxes to be Collected 64,652,374$ 63,526,845$ Outstanding Taxes by Year: 3 Years and Prior 1,676,597$ 1,429,103$ 2 Year 2,990,062$ 3,070,779$ 1 Year 7,337,642$ 7,915,020$ Current 52,648,073$ 51,111,942$ Total 64,652,374$ 63,526,845$ TABLE 2 Taxes Receivable by Property Class at February 29, 2020 2020 % of Class 2019 % of Class Taxes Owing Taxes Owing Residential 35,233,200$ 54.50%33,781,452$ 53.18% Multi-Residential 1,979,297$ 3.06%1,832,493$ 2.88% Commercial 25,637,806$ 39.65%25,933,271$ 40.82% Industrial 1,682,554$ 2.60%1,872,138$ 2.95% Farmlands 119,516$ 0.18%107,491$ 0.17% Total Receivables 64,652,374$ 100.00%63,526,845$ 100.00% Page 94 of 251 TABLE 3 Number of Properties Subject to % Registration as at February 29, 2020 Initial Amount (January 1, 2020)333 Paid in Full 28 8.4% Payment Arrangements 131 39.3% Ongoing Collection 174 52.3% Action Registered 0 0.0% 333 100.0% TABLE 4 June 2020 3 76,889$ May 2021 5 106,047$ Totals 8 182,936$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 95 of 251 MW-2020-06 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2020-06 Niagara Region Public Realm Infrastructure Grant Program Oakes Park Canada Summer Games Public Plaza RECOMMENDATION That Council endorse and authorize staff to submit a grant application to the Niagara Region for the development of the Oakes Park Canada Summer Games Public Plaza through the 2020 Public Realm Infrastructure Program. EXECUTIVE SUMMARY As part of the 2020 approved budget for Oakes Park Improvements for Canada Summer Games and Infrastructure, public space improvements are planned around the Change room/Concession Building. These modest improvements could be enhanced with additional funds in the amount of $25,000 to create a public plaza. The Niagara Region is accepting applications as part of the Public Realm Infrastructure Program (PRIP) grant for local municipalities to apply for funding towards public realm improvements associated with the Canada Summer Games in 2021. BACKGROUND Oakes Park is the prime venue in Niagara Falls for the 2021 Canada Summer Games. Improvements to Oakes Park in preparation for the games were approved in the 2020 Capital Budget. Refer to Attachment #1. The funded improvements include;  Diamond #1 drainage and site improvements,  New sports lighting system for the track and soccer field,  Change room/ concession building renovations  New children’s accessible play space area. As part of the change room/concession building renovations public plaza space improvements are planned at the building. These improvements will provide for needed additional public seating for event attendees. These works are planned to commence in 2020 with completion early 2021. The PRIP grant is an annual program funded and administered by the Niagara Region that provides matching funds for the purposes of improving public spaces along Page 96 of 251 2 MW-2020-06 April 2, 2020 Regional Road Allowances. Refer to Attachment #2. The program requires local area municipalities to annually submit applications for funding consideration based on predetermined criteria and capped funding amounts. ANALYSIS/RATIONALE New for the 2020, the PRIP grant offers an opportunity to apply for up to $25,000 for placemaking projects associated with the 2021 Canada Summer Games. If awarded, these grant funds would allow for an enhanced public plaza at Oakes Park. If awarded the full PRIP funding amount of $25,000 the enhanced public plaza at Oakes Park would include; seating, enlarged concrete area, landscaping and a shade structure. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Oakes Park works are fully funded within the 2020 Capital Budget. Additional funds through the PRIP grant would be for enhancements to the existing project. CITY’S STRATEGIC COMMITMENT The recommendations contained within this report align with Council’s Strategic Priority to provide a Healthy, Safe and Liveable Community, namely the initiative to: foster healthy lifestyles through planning for and providing a range of accessible and affordable recreation facilities, events and opportunities. LIST OF ATTACHMENTS 1. 2020 Capital Budget Worksheet: Oakes Park Improvements for Canada Summer Games and Infrastructure. 2. Niagara Region Public Realm Infrastructure Program: 2020 Application Guide Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Page 97 of 251 Requesting Department:Project Priority/Need Division:(High, Med, Low): Project Name:Project Start Date: Project Type:Estimated End Date: Asset Type:Project ID#: Project Description: Business Case: How does this tie into the Strategic Plan? Development Related:Yes No x Is there external Yes x If Yes -->Yes funding available?No No Estimate x (Please check one) Quote Please attach any supporting documentation. Impact on Operating Budget: (eg. Debt Charges) $ 500,000 - New Sports Light System for track & soccer field $ 500,000- Change room/Concession Building Renovations $ 850,000- West and East Parking Areas - paving, drainage, curbing, lining $ 175,000- New Children's Accessible Play space Area (all work to be completed by July 2021 in time for Canada Summer Games) Is the cost summary: With new energy efficient sports lights and upgrades to park building systems, there would be energy efficiency cost savings and maintenance savings Ongoing Improvements for CSG 2021 May-21 New, Replacement P 116 Various park improvements are needed for the existing park infrastructure and to ensure aspects of Oakes Park are in good working conditions for the high profile Canada Summer Games, and will benefit the park for user groups. The improvements are itemized by project. Projects Itemized: $ 295,000 -Diamond #1 drainage and site improvements Phase 3 (2021): Capital Budget (2019) funding was approved for track and diamond #1 work improvements. Projects are underway, however further park areas are in need of work/funding. Site improvements are required to ensure that Diamond #1 has drainage systems for playability for the 2021 Canada Summer Games. There is significant drainage issues with Diamond #1; inc. fencing and infield grades that could affect the use and performance of the diamond if not addressed. Concession/change room building needs renovations for accessible washrooms, change rooms, concession upgrades, electrical & mechanical systems, and site works. Sports lights on the track & soccer field are 30 + years old and are not functioning. Parking lot areas in the park are in poor condition and lack drainage systems. Phase 2 (2020): Yes, funding is confirmed No, funding has not been confirmed Economic Growth, Infrastructure Sustainability Oakes Park Improvements for Canada Summer Games and Infrastructure 2019 Capital Budget Worksheet 2020 Municipal Works Parks High Page 98 of 251 Requesting Department: Division: Project Name:Oakes Park Improvements for Canada Summer Games and Infrastructure 2020 2021 2022 2023 2024 Opening Balance - Jan. 01 (Surplus)/Deficit Expenditure Forcast Consulting 100,000 Land/Building 500,000 Furniture/Equipment 500,000 Construction:175,000 Roads 850,000 Water Storm Sewers Sanitary Sewers Sitework/Landscaping 295,000 Contingency Other TOTAL EXPENDITURES 1,570,000 850,000 - - - Funding Sources Transfer from Operating: Operating Sewer Water Special Purpose Reserves Capital SPRs OLG (1,520,000) Reserve Funds Development Charges Debentures Gas Tax Provincial/Federal Grants External Contributions (50,000) Other TOTAL FUNDING SOURCES (1,570,000) - - - - Closing Balance - Dec. 31 (Surplus)/Deficit 850,000 850,000 Capital Budget Worksheet 2020 - - 850,000 850,000 850,000 Municipal Works Parks - 850,000 850,000 Page 99 of 251 Public Realm Investment ProgramPublic Realm Investment Program 2020 2020 Application GuideApplication Guide Urban Design and Landscape Architecture Planning and Development Services Page 100 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 2 PROGRAM PACKAGE CONTENTSPROGRAM PACKAGE CONTENTS PART APART A PART BPART B PART CPART C PART DPART D PART EPART E Appendix 1Appendix 1 Appendix 2Appendix 2 PROGRAM OVERVIEW........................................3 • Program Overview • Purpose • Funding • Eligibility APPLICATION OVERVIEW...................................7 • Procedures • Submission Requirements EVALUATION PROCESS.......................................9 • Documentation • Criteria • Funding Limits PROJECT IMPLEMENTATION............................13 • Regional Coordination/Approvals • Design Collaboration • Project Construction • Project Completion GLOSSARY OF STREETSCAPE ELEMENTS........14 Application Form Project Completion Report Page 101 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 3 PUBLIC REALM INVESTMENT PROGRAM PROGRAM OVERVIEW Established in 2016, the Public Realm Investment Program (PRIP) is a value- added program that allows the Region to partner with local municipalities on capital projects that provide public realm enhancements on over 250 kms of Regional Roads in urban and core areas. Public realm enhancements attract investment and help to create vibrant and enlivened public realms that sustain businesses, improve all modes of transportation, and celebrate community. People seek out and enjoy well- designed places that are inclusive and accessible, where they enjoy personal comfort, safety, happiness and well-being. These attractive and vibrant places offer a higher quality of life to residents and visitors. To encourage investment in great public places for people, the Region is offering this incentive program to all of our local municipalities. Investing in with local municipal partners to complete our streets with enhanced boulevards, sidewalks, and spaces in the public realm across Niagara helps our region attract new residents, promote tourism, grow the economy, beautify our communities, and is key to building strong and resilient communities in Niagara. “The street is the river of life of the city, the place where we come together, the pathway to the center.” - WILLIAM H. WHYTE 222 Hennepin St, Minneapolis Downtown Improvement District Award Winner – Best Street Tree Canopy, 2013 (Image courtesy www.mplsdid. com) PART APART A PROGRAMPROGRAM OVERVIEWOVERVIEW Page 102 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 4 PUBLIC REALM INVESTMENT PROGRAM PROGRAM PURPOSE The purpose of the program is to encourage investment in the urban and core area public realms along Regional roads by providing matching funding to local municipal partners for upgrades to existing capital projects. This contributes to attractive public realms that enrich and enliven Niagara’s communities by: • Creating a sense of place by integrating architectural features, public art, street furniture, enhanced paving, and generous planting design through the inclusion of enhanced elements in their projects, beyond the standard products and treatments; • Leveraging regional and municipal capital funding to achieve design excellence and provide a funding option that promotes community pride and contributes to community identity projects; • Responding to the unique challenges within our local municipalities with innovative and unique design solutions that will address the diverse needs and character of the Region’s built environments; • Supporting treatments and measures along Regional roads that include design for optimal tree health, sustainable storm water management strategies, and resilient and beautiful landscapes; and, • Prioritizing universal accessibility with a focus on pedestrian comfort and safety by clearly defining sidewalks, crosswalks, bicycle lanes and roadways to effectively support walking, cycling, and alternative means of transportation. Mural by Barcelona-based artist Jupiterfab located across from the St Catharines Performing Arts Centre, on Garden Park. “Cities have the capability for providing something for everybody, only because, and only when, they are created by everybody.” - JANE JACOBS Page 103 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 5 PUBLIC REALM INVESTMENT PROGRAM PROGRAM FUNDING The Public Realm Investment Program provides matching funding to eligible local municipal projects that are initiated and constructed by either the local municipality or Niagara Region in consultation or collaboration with the local municipality. Minimum funding requests of at least $25,000 will be considered. The maximum Regional funding contribution is limited to an amount of $100,000. Partnerships with local associations and community groups are encouraged, however the Region will only match the contribution made by the municipality. Through the PRIP, municipalities may apply for funding that may be applied to a wide variety of streetscape enhancements and upgrades to project standards or typical installations, including (but not limited to): • HARDSCAPING: Sidewalks, decorative boulevard treatments, street furniture (benches, bike racks, litter receptacles), decorative lighting, etc. • LANDSCAPING: Native trees, planting beds, pollinator gardens, rain gardens or bioswales, roundabouts, etc. • COMMUNITY IDENTITY: Gateway features, public art (sculpture, publicly accessible murals, etc), seasonal decoration, as well as basket arms and wayfinding. “Great cities know streets are places to linger & enjoy, not just move through.” - BRENT TODERIAN Forest Hill Village North Gateway, Toronto, ON (Image courtesy PLANT Architect) Page 104 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 6 PUBLIC REALM INVESTMENT PROGRAM ELIGIBILITY This program is available to all of Niagara’s local municipalities and the Niagara Peninsula Conservation Authority (NPCA). • Projects must be within or directly adjacent to a Regional Road right-of-way. • Projects must be completed by the end of the year following the award. For example, projects receiving funding in 2020 must be completed prior to the end of 2021. • Projects relating to the Niagara 2021 Canada Summer Games must be complete prior to the start of the Games. • Projects must have committed budgets in place. • Maintenance agreements are required. Applications for funding will be reviewed by Regional staff using the eligibility criteria listed as (Part C) of this package. Municipalities are encouraged to submit projects that deliver the greatest value for their communities (i.e. social, economic, and environmental). The Region specifically encourages the submission of projects located: within downtowns, employment areas or community gateways; close to public buildings or public parks; along the Regional bicycle network, transit routes, tourist areas, the wine route, and multi-use paths. Municipalities must provide at minimum, a matching funding amount equal to the requested Regional contribution. Municipalities are invited to apply by completing the Application Submission Form provided as (Appendix 1) of this package. Bioswale and raingardens at Niagara Region Headquarters Thorold, ON Page 105 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 7 PUBLIC REALM INVESTMENT PROGRAM APPLICATION PROCESS Applications to the Program will be processed in the following manner: PART BPART B APPLICATIONAPPLICATION OVERVIEWOVERVIEW SUBMISSION DEADLINE: MARCH27 Step 1 Submission (Deadline: March 27, 2020) Applications are received by the Region and checked for completeness (additional information may be requested) Step 2 Submission Evaluation Region Staff (As received - April 10, 2020) Complete Applications are evaluated by the Region’s Program Selection Team and prioritized. Step 3 Meetings with Local Municipalities (Week of April 13, 2020) Meetings with municipalities to formalize scope, scheduling, and funding. Step 4 Award (April 27, 2020) Funding awarded to prioritized projects (date is subject to complexity and quantity of applications) Step 5 Implementation (2020/2021) Region or local municipality constructs approved works. Step 6 Completion (Prior to end of 2021) Project Completion Report submitted with invoice. Page 106 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 8 PUBLIC REALM INVESTMENT PROGRAM SUBMISSION REQUIREMENTS Project submissions must demonstrate the public benefits of the investment for the local municipality and to the Region. Submissions must include a completed application form (Appendix 1), and the following supporting information: 1. Digital photographs showing the current condition of the project site; 2. Detailed itemized costs of the work; 3. Technical drawings of the project such as plans, and details; 4. Key project milestones; and, 5. Maintenance commitment (included on application form). Municipalities wishing to submit more than one project must make separate submissions. Project submissions will be reviewed to ensure compliance with program requirements and alignment with Regional objectives. Submit applications to: Program Coordinator: Vanessa Aykroyd, OALA, CSLA Email: vanessa.aykroyd@niagararegion.ca Mail: Public Realm Investment Program c/o Vanessa Aykroyd, Landscape Architect Urban Design and Landscape Architecture Section Planning and Development Services Department Niagara Regional Headquarters, Campbell West 1815 Sir Isaac Brock Way, PO Box 1042 Thorold, Ontario L2V 4TZ WITHDRAWAL OF APPLICATION If a municipality must withdraw from an approved PRIP funding commitment, a letter to that effect must be submitted to Region’s PRIP Coordinator as soon as possible via email or regular mail. Depending on the amount of the forfeited funding commitment, and if a withdrawal occurs before October 1st of the same PRIP year, the funding may be reassigned to another municipality through a new call for PRIP applications. At such time, municipalities, will be informed of the available funding and will be encouraged to submit a PRIP application. Applications will be evaluated and available funding assigned through a process that is similar to that of the initial (PART C) process. Page 107 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 9 PUBLIC REALM INVESTMENT PROGRAM EVALUATING THE APPLICATION All applications will be reviewed and evaluated by the Region to ensure the proposed works align with the objectives of the program. The evaluation process is divided into 3 steps: Step 1 Review of the application and supporting documentation for completeness Step 2 Evaluate the application against the Evaluation Criteria (Pg. 9) Step 3 Determine Regional funding contribution PART CPART C EVALUATION EVALUATION PROCESSPROCESS STEP 1: APPLICATION AND SUPPORTING DOCUMENTATION CHECKLIST The complete application requirements listed below are for information purposes and should be consulted when preparing an application. Niagara Region will use this chart to determine the eligibility and completeness of the application. APPLICATION and SUPPORTING DOCUMENT CHECKLIST *ensure this information is included either on the application or is attached Yes 1.0 Application Completed PRIP Application (Appendix 1) Required plans, drawings and images provided for review Current Condition Photos (.jpg or .tif) Other required supporting studies/documentation Functional, operational, safety requirements have been addressed by the local municipality (provide supporting documentation from a P. Eng or other qualified professional where required) 2.0 Aligns and Supports Niagara Region’s Policies and Practices Regional Official Plan Model Urban Design Guidelines Transportation Master Plan and Complete Streets Model Policies Relates to an Environmental Assessment (if yes then specify) Relates to the 10 Year Regional Capital Forecast (if yes, then which project and year) 3.0 Support of Local Area Councils Local Council Resolution to submit application (If applicable) Demonstrated compliance with local planning documents or master plans (if applicable) When all have been addressed, proceed to Step 2: Page 108 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 10 PUBLIC REALM INVESTMENT PROGRAM STEP 2: EVALUATION CRITERIA The Evaluation Criteria below is used by the Region to evaluate the merits of the project and prioritize projects requiring a funding contribution by the Region. Projects must score above 80 points to receive funding priority. Criteria are worth multiple points and should be addressed to ensure the benefit of projects is well- presented. * Points of interest include, but are not limited to tourist destinations, employment areas, transit hubs and stops, public buildings, schools, colleges, universities, parks, other publicly accessible spaces and locations that are culturally and/or naturally significant. APPLICATION EVALUATION CRITERIA 1.0 Timing Construction to commence within current program year (projects may extend into the next program year for completion)5 2.0 Location Within 500m of an urban core area 4 Within 500m of 5 points of interest*4 Within a Community Improvement Area / Business Improvement Area / Secondary or District Plan Area 4 Along or adjacent to a public transit route 3 Along a bicycle route, multi-use path, or the wine route 3 Within 1km walking distance to a tourism point of interest 3 Within visual proximity to a landmark (gateway, heritage site, public building)3 3.0 Community Benefit Promotes higher use of the Regional Road and connectivity with other networks 5 Incorporates Heritage and Artistic Elements (e.g. Public Art) 5 Promotes Transit and/or Active Transportation 5 Promotes an inclusive streetscape (i.e. all ages and abilities)3 Attracts people and promotes opportunities for social interaction 3 4.0 Design Goals Addresses a prevalent negative condition or issue 5 Recognizes and leverages local character 4 Contributes to planned improvements/developments in the vicinity 4 Durability and attractiveness of the materials/elements 3 5.0 Environmental Resiliency Grows the Urban Forest (Tree planting at least at a 3:1 planted:removed ratio)5 Includes 60% or greater native plant species (no invasive species permitted)5 Includes Low Impact Development stormwater management infrastructure 5 Includes other innovative materials, products, or practices 4 Includes recycled or sustainable products (e.g. Recycled plastic or FSC Certified wood products)3 6.0 Community Partnerships Partnership with a Local BIA or local community group or organization 5 Partnership with post-secondary institutions for skills training or innovation development 4 Uses finished products manufactured or created in Niagara 3 Greater than 80 Receives Funding Priority Total 100 Page 109 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 11 PUBLIC REALM INVESTMENT PROGRAM STEP 3: REGIONAL FUNDING CONTRIBUTION LIMITS ...continued on Page 12 REGIONAL CONTRIBUTION FUNDING LIMITS 1.0 Hardscape Materials and Treatments Strategic sidewalk connections or sidewalk widening (to a minimum 2.0m) $30,000 Decorative concrete paving, banding, and unit paving Decorative crosswalks (also refer to Section 3.0) Decorative on-road pavement (non-asphalt) Off-road trail connection areas connecting to Regional Road or Bikeway Off-road multi-use trails and associated treatments 2.0 Complete Streets Infrastructure Cycling facilities (funding possible in collaboration with Bicycle Facilities Grants for Regional Bikeways) $25,000Traffic Calming Measures (including curb extensions, bump outs, and medians not associated with pedestrian crossings)* Line painting associated with traffic calming and pedestrian crossing facilities Decorative lighting (to includeg banner/basket arms and seasonal decoration electrical outlets, where proposed)$50,000 Burial of overhead utilities (The Regional contribution by this program will be determined on a case- by-case basis with cost estimates prepared by the public utilities.) 3.0 Road Crossing Facilities Sidewalk extensions or bump-outs at intersections $15,000 Decorative concrete crosswalks $20,000 Decorative painted pedestrians crosswalks $8,000 Parklets (Reusable sidewalk extensions where on-street parking is located)$10,000 4.0 Site Furniture Benches $12,000 Bicycle parking (rings, racks, shelters)$10,000 Decorative Bollards $5,000 Low seat walls and planters $12,000 Pedestrian shade structures $10,000 Litter and Recycling Receptacles (funding limit increased for streams that include organics, accompanied by a plan for collection)$5,000 - $10,000 Drinking fountains/Bottle fillers/Pet watering stations $5,000 Transit Shelters and Shade Structures $10,000 5.0 Landscaping Tree Planting (including irrigation bags)$25,000 Innovative planting technologies (e.g. structural soil cells) $30,000 Hanging baskets and/or planters (installed cost)$15,000 Planting beds $10,000 Rain gardens/bioswales (funding increased if features address 5 year storm)$20,000 - $30,000 Plants - Native, drought and salt tolerant species $5,000 *Traffic calming measures on Regional Roads or installations that affect Regional Infrastructure require coordination and approval by the Regional Commissioner of Public Works. * LID bioswales and rain gardens must capture and infiltrate the 25ml design storm to qualify for specific funding. Page 110 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 12 PUBLIC REALM INVESTMENT PROGRAM STEP 3: REGIONAL FUNDING CONTRIBUTION LIMITS ...continued 6.0 Community Identity Features Banners and Banner arms $5,000 Basket arms $5,000 Gateway features $50,000 Seasonal decorations $8,000 Decorative street name blades $6,000 Information kiosks $15,000 Public art $25,000 Interpretive panels/signs $7,000 School related Active Transportation initiatives $4,000 Wayfinding initiatives $10,000 Anti-graffiti wraps and coatings $5,000 7.0 Niagara 2021 Canada Summer Games Niagara 2021 Placemaking Projects $25,000 *Projects that meet other program location and category requirements may also be awarded funding from those categories. Page 111 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 13 PUBLIC REALM INVESTMENT PROGRAM REGIONAL COORDINATION/APPROVALS After the project has received an initial funding approval, Municipal and Regional staff will work together to determine construction and installation details as they pertain to Regional infrastructure. To ensure clarity and continuity for the project and involved staff, the point of contact at the Region for the project will be the PRIP Program Coordinator. The PRIP Program Coordinator will provide collective comments, and approvals from the required Regional staff, and ensure consistency throughout the project. DESIGN COLLABORATION Regional staff are pleased to provide assistance and guidance at various stages of the project. The local municipality may not have staff resources that could influence the success of the project. The services of the Regional Landscape Architect and Urban Designer are available as needed. PROJECT CONSTRUCTION Once construction and installation details affecting Regional infrastructure are confirmed, a final sign-off from key stakeholders will be communicated through the PRIP Program Coordinator. As construction begins, brief project updates should be shared with the PRIP Program Coordinator at project milestones, or as deemed necessary. PROJECT COMPLETION Once the construction and/or installation of the works defined in the submission has been completed, payment can be requested. Municipalities must inform the PRIP Program Coordinator and provide the following: • Project Completion Report (See Appendix 2) • Digital photographs of the built condition; and • Other supporting documents as required The Project Completion Report requires the municipality to summarize the project, provide important details, and review project successes. The PRIP Program Coordinator will review the Project Completion documents, and advise that an invoice from the municipality can be issued to the Region. A PO# will be provided and the invoice will be paid Net 30. PART DPART D PROJECTPROJECT IMPLEMENTATIONIMPLEMENTATION Page 112 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 14 PUBLIC REALM INVESTMENT PROGRAM GLOSSARY OF STREETSCAPE ELEMENTSGLOSSARY OF STREETSCAPE ELEMENTS Upgraded Surface Treatments Upgraded surfacing can include materials such as stone, concrete unit pavers, coloured concrete, impressed concrete, and exposed aggregate concrete, etc. Standard Surface Treatments Surfacing can include brushed concrete sidewalks, or asphalt pathway paving. HARDSCAPESHARDSCAPES PART EPART E GLOSSARY OF GLOSSARY OF STREETSCAPE STREETSCAPE ELEMENTSELEMENTS Page 113 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 15 PUBLIC REALM INVESTMENT PROGRAM Decorative Surface Treatments Decorative surfacing can include concrete etching, grinding, sandblasting, acid staining, metallic tinting, decorative stamping, decorative unit paving. . HARDSCAPESHARDSCAPES Page 114 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 16 PUBLIC REALM INVESTMENT PROGRAM Cycling Facilities Cycling facilities and surface treatments may be funded in collaboration with the Bicycle Facilities Grants for Regional Bikeways. Traffic Calming Measures Curb extensions, bump outs, and medians provide visual cues to slow traffic. COMPLETE COMPLETE STREETSSTREETS Page 115 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 17 PUBLIC REALM INVESTMENT PROGRAM Sidewalk Extensions and Bump Outs Used to reduce the pedestrian crossing distances of roads, bump-outs can provide addition room for street enhancements, such as, seating or public art. Decorative Crosswalks Limited to high tonal contrast and pavers, decorative crosswalks can be used to visually indicate a crossing to motorists and pedestrians alike.COMPLETE COMPLETE STREETSSTREETS Page 116 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 18 PUBLIC REALM INVESTMENT PROGRAM Parklets/Pop-Up Patios These are temporary commercial patios or landscape/park installations located in on-street parking spaces, and range from practical to whimsical. COMPLETE COMPLETE STREETSSTREETS Pedestrian Crossing Islands Pedestrian crossing islands provide refuge from traffic in wide crossing situations. Page 117 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 19 PUBLIC REALM INVESTMENT PROGRAM Trees and Installation Infrastructure Grow the urban forest in a sustainable way by providing opportunities for proper soil volumes, drainage, and irrigation as necessary, using traditional or innovative measures, such as structural soil cells. LANDSCAPESLANDSCAPES Page 118 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 20 PUBLIC REALM INVESTMENT PROGRAM Hanging Baskets and Planters Add seasonal colour to the streetscape using hanging baskets and planters. Planting Beds Both flush and raised planting beds can add colour and curb appeal to the street. LANDSCAPESLANDSCAPES Page 119 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 21 PUBLIC REALM INVESTMENT PROGRAM Bioswales and Rain Gardens Bioswales and rain gardens serve dual purposes - they enhance the aesthetic of the streetscape, while treating quantity and quality of stormwater. This increases the resiliency of the streetscape and relieves pressure on grey infrastructure. LANDSCAPESLANDSCAPES Page 120 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 22 PUBLIC REALM INVESTMENT PROGRAM Seating Options The style and design of seating should positively contribute to the aesthetic value of the streetscape, and respond appropriately to the installation location and expected user of the seating. Seating and Retaining Walls Retaining walls provide valuable functions, but can also serve dual purpose along pedestrian walkways. SITE SITE FURNITUREFURNITURE Page 121 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 23 PUBLIC REALM INVESTMENT PROGRAM Bicycle Parking Encouraging active transportation via bicycle requires space to park. Bike racks can be open or covered, and range from purely functional to public art. Litter and Recycling Receptacles Refuse containers for handling single and multiple streams can include automated systems such as Big Belly Solar Compactors or similar. Three stream (waste, plastic, organics) receptacles are encouraged where possible. SITE SITE FURNITUREFURNITURE Page 122 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 24 PUBLIC REALM INVESTMENT PROGRAM Bollards Bollards provide protection for pedestrians and can be purely functional, or serve a dual purpose as public art. Bus Shelters and Shade Structures Protecting pedestrians and transit riders from the sun and elements. SITE SITE FURNITUREFURNITURE Page 123 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 25 PUBLIC REALM INVESTMENT PROGRAM Decorative Fencing When fencing is required, an upgrade to the standard can create a statement. Drinking Fountains/Bottle Fillers Classic or whimsical, making clean water readily to pedestrians and their pets available helps to reduce plastic waste from landfills and oceans. SITE SITE FURNITUREFURNITURE Page 124 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 26 PUBLIC REALM INVESTMENT PROGRAM Banners and Banner Arms Banners (and banner arms) with a demonstrated community benefit are an safe and easy way to create a ‘Main Street’ identity, and can be tailored year after year. Gateway or Prominent Place Features These features can help to create community identity, and establish a sense of arrival at a community or landmark. Seasonal or Festive Decorations This includes pole mounted wreaths, lights, bows, etc, as well as string lights, accent lighting, or audio and visual projection. COMMUNITY COMMUNITY IDENTITYIDENTITY Page 125 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 27 PUBLIC REALM INVESTMENT PROGRAM Decorative Street Name Blade and Plates Create community or neighbourhood identity with decorative blades and plates. Information Kiosks, Wayfinding, and Interpretive Signs Connect your community with kiosks that allow citizens to stay up to date with activities and events, or share history or information with interpretive signs COMMUNITY COMMUNITY IDENTITYIDENTITY Page 126 of 251 Niagara Region Public Realm Investment Program 2020 Application PackagePage 28 PUBLIC REALM INVESTMENT PROGRAM School Active Transportation Initiatives This includes walking audits, walking promotion, wayfinding, and the addressing of immediate barriers to walking or cycling to and from school. Anti-Graffiti Wraps and Coatings Encourage less ‘tagging’ on municipal infrastructure. Wraps may be used on infrastructure, and coatings can be used to protect surfaces or permitted artwork.. COMMUNITY COMMUNITY IDENTITYIDENTITY Tactical Urbanism Initiatives Enabling change through endorsed temporary installations of elements not mentioned in other categories. Page 127 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Page 29 PUBLIC REALM INVESTMENT PROGRAM Public Art Create community or neighbourhood identity with decorative blades and plates. COMMUNITY COMMUNITY IDENTITYIDENTITY NIAGARA 2021 NIAGARA 2021 CANADA CANADA SUMMER GAMESSUMMER GAMES Niagara 2021 Canada Summer Games Creating memorable places across Niagara for athletes and spectators takes collaboration. Eligible projects can be temporary, and based around the time frame of the games specifically, or can be permanent projects that will ensure the legacy of the games enures. Eligible projects should be located so as to directly impact the Niagara 2021 Canada Summer Games experience in close proximity to participating venues (including the torch route). Page 128 of 251 Page 129 of 251 Niagara Region Public Realm Investment Program 2020 Application Package 2020 PUBLIC REALM INVESTMENT PROGRAM APPLICATION Municipality:Project Location or Address: Project Name:Submission Date: Estimated Total Project Value: Requested Regional Contribution Amount: Estimated Construction Start Date: Estimated Construction Completion Date: Project Description Describe the project, and how it contributes to the enhancement of the public realm. See Part C - Evaluation Criteria (Step2) to aid in demonstrating the value of this project. Application Check List Attach additional documentation to the application form separately Itemized Cost Breakdown Project Dates and/or Milestones Detailed/Tender Ready Drawings Current Condition Photos (.jpg or .tif) We acknowledge that if this application is approved, the municipality will be responsible for ongoing maintenance of the works under the application. We acknowledge that if this application is approved, the Regional Funding Contribution commitment expires at the end of the year following the approval* We commit to provide a Project Completion Report which is to include a final project cost, project date of completion, copies of invoices paid with funding of this program, digital photographs of completed work. Municipal Project Lead Municipal Head of Public Works Name:Name: Signature:Signature: *If the project cannot be completed prior to the end of the prescribed time frame, please contact the PRIP Program Coordinator Appendix 1 Page 130 of 251 Page 131 of 251 Niagara Region Public Realm Investment Program 2020 Application Package Appendix 2 2020 PRIP PROJECT COMPLETION REPORT Municipality:Project Location or Address: Project Name:Date Submitted: Original Project Cost:Actual Project Cost: Regional Funding Contribution:Municipal Funding Contribution: Identify other Funding Sources and Amounts: Project Construction Start Date:Substantial Completion Date: Project Performance: Describe the final project and items included (refer to Part C - Regional Contribution Funding (Step 3) to aid in completing this section). Hardscape Materials and Treatments; Facilities that Promote Complete Streets; Road Crossing Facilities; Street Furniture; Landscaping; Community Identity, etc. Supporting Documentation: Attach additional documentation to the Project Completion form separately Itemized Cost Breakdown Project Dates and/or Milestones Tender/As Built Drawings Post-Construction Photos (.jpg or .tif) Qualitative Feedback from Project Stakeholders (property owners, businesses, visitors, tourists, patrons): Municipal Project Lead:Municipal Head of Public Works: Name:Name: Signature:Signature: Page 132 of 251 MW-2020-07 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2020-07 Drinking Water System Summary Report and Overview RECOMMENDATION That this report be received and filed. EXECUTIVE SUMMARY In accordance with the Safe Drinking Water Act, each Municipal Council having jurisdiction over its water distribution system is required to receive and publish an Annual Summary Report prior to March 31 in each calendar year. This report provides technical data regarding the system’s performance. Additionally, attached is the Drinking Water Quality Management System (DWQMS) Management Review which is to be provided to the system Owner annually. The Management Review evaluates the suitability, adequacy and effectiveness of the quality management system. The purpose of this report is to provide the Owners of the drinking water system documentation confirming that the City is operating in accordance with all current legislation and is taking appropriate measures to guarantee the safety of the drinking water quality to all of its consumers. BACKGROUND Distribution System Summary Report Each year the Annual Summary report is presented to Council to illustrate the effectiveness and performance of the drinking water system. The attached Annual Summary report provides detailed quantitative and qualitative information regarding the performance of the drinking water system. Page 133 of 251 - 2 - MW-2020-07 April 2, 2020 Highlights of the report include: - In 2019 Environmental Services responded to 82 watermain breaks, in 2018 there were 87 watermain breaks. - Fall 2019 NSF-International performed a conformance audit on the City’s Drinking Water Quality Management System. Zero none conformances were found during the audit. This document has been attached to this report for reference. DWQMS Management Review Annually the DWQMS Management Review takes place; it provides an overall picture as to the effectiveness and adequacy of the Drinking Water Quality Management System. Items of note from the Management Review Include: - Compliance rating of 100% during 2019 Ministry of the Environment Conservation and Parks inspection. - Continue involvement with Niagara Region on the new raw water intake location. - During the internal audit of the Drinking Water Quality Management System a series of administrative changes were suggested. None of these changes impact how the quality management system functions or how the water system operates. This document has been attached to this report for reference. Standard of Care It is important to mention Section 19 of the Safe Drinking Water Act, entitled Standard of Care, this section states – The Owner and/or each person on behalf of the Municipality that oversees the operating authority or exercises decision making authority over the system must exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonable prudent person would be expected to exercise in a similar situation. Section 19, in its entirety has been attached for reference. Page 134 of 251 - 3 - MW-2020-07 April 2, 2020 Other Performance Indicators Other drinking water system performance measures not included in the above documentation is quantity of non-revenue water. Non-revenue water is defined as the total volume of water a utility receives compared to the total volume sold to users. This includes real and apparent losses such as theft, leaks, meter inaccuracy, fire fighting, and water system maintenance programs. Water Purchased from Niagara Region Water Billed by City of Niagara Falls Non Revenue Water 14,481,200 11,527,319 2,953,881 20% All volumes in cubic meters LEGAL IMPLICATIONS In accordance with the Safe Drinking Water Act, the Annual Summary Report must be received by the drinking water system owner by a date of no later than March 31 of the following year. Failure to submit this would contravene the Safe Drinking Water Act. The drinking water quality management standard requires that the results of the Management Review be provided to the Owner on an annual basis. Failure to provide the results would initiate a non-conformance with the Standard. CITY’S STRATEGIC COMMITMENT This report is to ensure adherence to Provincial Legislation and is consistent with the Council’s strategic commitment to continually monitor the efficiency and effectiveness of the City’s operations. ATTACHMENTS 1. 2019 Distribution System Summary Report 2. 2019 DWQMS Management Review 3. Section 19 Standard of Care, Safe Drinking Water Act Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer James Sticca Page 135 of 251 City of Niagara Falls Water Distribution System Annual Summary Report Period: January 1, 2019 to December 31, 2019 Waterworks Number: 260002304 Created February 2020 Page 136 of 251 Table of Contents Introduction ........................................................................................................... 1 Waterworks Description ........................................................................................ 1 Compliance ........................................................................................................... 2 Municipal Drinking Water Licensing Program .................................................... 2 Safe Drinking Water Act .................................................................................... 3 Niagara Falls Water Quality Test Results .......................................................... 4 Adverse Water Quality Incidents and Actions.................................................... 4 Operational Activities ............................................................................................ 5 Flow Rates ............................................................................................................ 6 Definitions ............................................................................................................. 7 Page 137 of 251 Water Distribution Summary Report 1 City of Niagara Falls Water Distribution Annual Summary Report Introduction In accordance with the Safe Drinking Water Act this report provides members of Niagara Falls Municipal Council, the legal Owners of the water distribution system with a n annual summary report of actions that took place from January 1, 20 19 to December 31, 2019. In accordance with the Act, this report must list any time the City failed to meet the conditions and requirements of the Acts, Regulations, Approvals, Drinking Water Works Permits, Municipal Drinking Water Licences and Orders issued by the Ministry of the Environment, Conservation and Parks. For each requirement not met, the report must specify the duration of the failure and the measures taken to correct the failure. Additionally, the report must list the summary of the quantities and flows of the water supplied. Waterworks Description The City of Niagara Falls is a Class 2 water distribution system, which receives all treated water from the Regional Municipality of Niagara via the Niagara Falls Water Treatment Plant. The raw water source is surface water supplied from the Niagara River, via the Welland River. The distribution system consists of approximately 480 km of watermain, 3,074 fire hydrants and 4,882 valves owned and operated by the City of Niagara Falls. Additionally, there is 39 km of watermain owned and operated by Niagara Region. The size of watermains owned by the City of Niagara Falls range from 25mm to 450 mm in size. Additional information regarding the Niagara Falls Water Treatment Plant can be found on the Regional Municipality of Niagara website: http://www.niagararegion.ca/home.aspx Page 138 of 251 Water Distribution Summary Report 2 Compliance Municipal Drinking Water Licensing Program As part of a recommendation made by Justice O’Connor during the Walkerton Inquiry, the Ministry of the Environment introduced the Municipal Drinking Water Licensing Program. This program requires the Drinking Water System Owner (City of Niagara Falls) to obtain a licence to operate their drinking water system. There are four components to each licence; the Drinking Water Works Pe rmit, Implementation of a Drinking Water Quality Management System, Accreditation of the Quality Management System and preparation of a Financial Plan.  Drinking Water Work Permit allows the Municipality to alter, add, replace, modify and extend the drinking water based on a series of predefined conditions.  Drinking Water Quality Management System (DWQMS) is a series of 21 elements that address all aspects of a water system. The overall goal of the DWQMS is continuous improvement with respect to planning, operating and reviewing the drinking water system. Through the creation of an operational plan the drinking water system Owner demonstrates the ability to operate a safe and effective drinking water system, while continuously monitoring performance and compliance via internal and external audits.  Accreditation of the Quality Management System is achieved through internal and external audits, the goal of these audits are to ensure that the Owner is following the processes and procedures laid out in the operational plan. The City of Niagara Falls has enlisted NSF International to act as the Quality Management System accreditation body.  Ontario Regulation 453/07, Safe Drinking Water Act requires that each Owner prepare a Financial Plan for the drinking water system. The City has retained a consultant to aid in the preparation of the Financial Plan. In 2019, the City’s Drinking Water Quality Management System was audited by NSF-ISR. Zero non-conformances were found during this audit, allowing the City to continue to receive accreditation meeting the requirements of the Safe Drinking Water Act, 2002. Page 139 of 251 Water Distribution Summary Report 3 Safe Drinking Water Act To remain compliant with the Safe Drinking Water Act, the City performs a minimum of 96 microbiological samples a month. Each of these samples is taken from a different location, providing a diverse profile of the water distribution system. Disinfection levels showing free chlorine residuals are also taken at the time of each sample; ensuring proper disinfection levels are maintained. The City takes additional free chlorine residuals throughout the week, again to ensure proper disinfection levels are maintained. The City also takes water samples testing for elevated levels of trihalomethanes (THM), a chlorine disinfection by-product. The City takes these water samples from areas where the formation of THM would most likely occur. In 2018, a clarification to the Ministry guidance document for HAA sampling occurred, which will required the City to test for Haloacetic Acids (HAA) at two separate locations (previously one location) in 2019, which was satisfied. HAA similar to THM is a chlorine disinfection by-product. The City and Niagara Region keep in close communications regarding these test results. The Ministry of the Environment, Conservation and Parks has also provincially mandated a Community Lead Testing Program. The City has been granted permission, by the Ministry of the Environment, Conservation and Parks to reduce the number of lead samples taken per sampling window due to the ratio of results that meet the Provincial Water Quality Objectives, compare to the samples that do not. The sample numbers have been reduced to 20 resident samples, 4 distribution system samples and 2 non- residential samples as per Table 2 of Schedule D of the City of Niagara Falls Distribution System Municipal Drinking Water Licence. This must be done once between December 15 and April 15 and again June 15 to October 15, on an ongoing cycle. All of the aforementioned samples, in accordance with the Act must be taken by an individual with a W ater Operators licence or a Water Quality Analyst licence . These licences are distributed by the Ontario Water Wastewater Certification Office, in accordance with Ontario Regulation 128/04, Safe Drinking Water Act. Samples are then taken to a Ministry of the Environment , Conservation and Parks approved laboratory. Laboratories must meet quality standards determined by the Ministry of the Environment Parks and Conservation and are audited by the Canadian Association for Laboratories Accreditation. In the event an incident occurs where water samples do not meet Provincial water quality standards, this is deemed an Adverse Water Quality Incident (AWQI). This is detailed further in the chart following entitled Adverse Water Quality Incidents and Actions An Annual Drinking Water Report has been completed and is available free of charge to the public through the City website and at the Municipal Service Centre. Members of the public may also view water sample results at the Municipal Service Centre. Page 140 of 251 Water Distribution Summary Report 4 On December 31, 2012 section 19 of the Safe Drinking Water Act, 2002 . Section 19 entitled, Standard of Care came into force. This section requires the Owner of the Drinking Water System and each person with decision making authority to exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation and to act honestly, competently and with integrity with a view ensuring the protection and safety of the users of the drinking water system. Section 19 has been listed as an attachment to the accompanying Council Report. Niagara Falls Water Quality Test Results Parameter MAC Number of Samples Range Comments Microbiological Analysis Escherichia Coli (E. Coli) CFU/ 100mL 0 1260 0 Indicates presence of fecal matter Total Coliforms CFU/ 100 mL 0 1260 0-2 Indicates the possible presence of fecal contamination Heterotrophic Plate Count (HPC) CFU/mL N/A 1260 0 - 260 Indication of overall water quality Chemical Analysis Trihalomethanes mg/L 0.10 mg/L 4 0.0212 - 0.0440 Average of Samples taken quarterly Haloacetic Acids mg/L 0.08 mg/L 8 0.0065 - 0.0199 Average of Samples taken quarterly Lead mg/L Residential and Non- Residential Plumbing 0.010 mg/L 44 <0.00002 - 0.01830 Lead services were used in construction prior to 1955. Distribution 0.010 mg/L 15 <0.00003 - 0.00095 City does not have lead watermain Disinfection Free Chlorine Residual mg/L 0.05 to 4.0 mg/L 1606 0.15 - 1.32 Level of disinfectant Adverse Water Quality Incidents and Actions Date Location Parameter Result Actions Date of Resolution 04/24/2019 2334 St. Paul St. Total Coliform 2 CFU/100mL Flush and resample 04/29/2018 05/08/2019 5869 Main St. Total Coliform 2 CFU/100mL Flush and resample 05/13/2019 06/10/2019 3200 Stanley Ave. Total Coliform 1 CFU/100mL Flush and resample 06/17/2019 07/16/2019 9061 Garner Rd. Total Coliform 1 CFU/100mL Flush and resample 07/22/2019 Page 141 of 251 Water Distribution Summary Report 5 In the event of an adverse water quality incident (AWQI), the City receives immediate notification from the laboratory. The City is then required as per Ministry of the Environment, Conservation and Parks regulations to verbal notify the Regional Public Health Unit and the Ministry of the Environment Spills Action Centre. Additionally, the City has chosen to contact our local Ministry of the Environment , Conservation and Parks Inspector to share this information. These individuals are then faxed the same information that was shared verbally. To ensure water safety with a microbiological or chemical exceedance , the City immediately sends a member of staff to flush the nearest fire hydrant, and take additional water samples at the source of the AWQI. In addition, in the instance of a microbiological exceedance, City immediately initiates sampling upstream and downstream of the AWQI. This upstream/downstream sampling occurs for two consecutive days at minimum until the City receives verbal notification from the laboratory that the water samples are all clear. In the above table, the column “Date of Resolution” indicates the date in which the City has received copies of the laboratory results and submits the “Notice of Resolution” to the Ministry of the Environment, Conservation and Parks and Public Health Unit. It should be noted that an Adverse Water Quality Incident does not indicate that the drinking water is unsafe; rather it indicates that with respect to that specific sample, the Provincial water quality objective was exceeded. In the event a lead result exceeds the Provincial standard, this result does not indicate system wide lead level, but rather at the specific sample site. Possible sources of lead include; lead solder, leaded brass fixtures and lead service lines. Prior to 1955 it was common to use lead water service lines as opposed to copper due to the malleability of lead. Properties that have lead results that exceed the Provincial standard are given an information package on ways to best reduce lead in t heir drinking water. Operational Activities In 2019, the City of Niagara Falls experienced 82 water main breaks, compared to 87 in the previous year. With all water main breaks, the City follows a standard operating procedure, detailing the steps taken to repair the water main, while ensure water quality. Following Category 2 water main breaks, microbiological samples are taken upstream and downstream of the break; ensuring the break was repaired in such a way that water quality levels were not affected. Page 142 of 251 Water Distribution Summary Report 6 Flow Rates 2019 Monthly Water Flow Rates (Mega Litres) Month Quantity (ML) January 1205.506 February 1132.177 March 1277.948 April 1234.817 May 1302.776 June 1402.020 July 1804.622 August 1667.511 September 1334.493 October 1226.981 November 1119.091 December 1132.879 Total 15,840.821 Monthly Average 1,320.07 Daily Average 43.37 1 Mega Litre = 1,000,000 Litres Page 143 of 251 Water Distribution Summary Report 7 Definitions MAC - Maximum Acceptable Concentration This is a health-related standard established for parameters which when present above a certain concentration, have known or suspected adverse health effects. The length of time the MAC can be exceeded without injury to health will depend on the nature and concentration of the parameter. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change. Revised January 2001. PIBS #4065e. Page 2.) mg/L - milligrams per litre (parts per million) cfu/100 mL - Colony Forming Units per 100 millilitres of sample µg/L - micrograms per litre (parts per billion) < - Less than > - Greater than Microbiological parameters (i.e. bacteria) - the source of bacteria may come from wastewater treatment plants, livestock operations, septic systems and wildlife. Microbiological analysis is the most important aspect of drinking water quality due to its association with dangerous waterborne diseases. (Paraphrased from Ontario Drinking Water Standards. Ministry of the Environment and Climate Change.) Total Coliform - the group of bacteria most commonly used as an indicator of water quality. The presence of these bacteria in a water sample indicates inadequate filtration and / or disinfection. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change.) Escherichia coli (E. coli) - a sub-group of coliform bacteria. It is most frequently associated with recent fecal pollution. The presence of E. coli or fecal coliforms in drinking water is an indication of sewage contamination. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change) Heterotrophic Plate Count (HPC) - an estimate of the number of background bacteria present in the distribution system. It is not an indicator of fecal contamination, but more a general indicator of disinfection effectiveness and distribution system status with respect to biofilm presence and the influence of bacterial re-growth in the distribution system. Page 144 of 251 Water Distribution Summary Report 8 Trihalomethanes (THM’s) - The maximum acceptable concentration (MAC) for Trihalomethanes (THMs) in drinking water is 0.10 mg/L based on a four quarter moving annual average of test results. Trihalomethanes are the most widely occurring synthetic organics found in chlorinated drinking water. The four most commonly detected Trihalomethanes in drinki ng water are chloroform, bromodichloromethane, chlorodibromomethane and bromoform. The principal source of Trihalomethanes in drinking water is the action of chlorine with naturally occurring organics (precursors) left in the water after filtration. Haloacetic Acid (HAA) - The Guidelines for Canadian Drinking Water Quality (GCDWQ) recommend a maximum acceptable concentration (MAC) of 0.08 mg/L for HAAs in drinking water, based on a locational running annual average of a minimum of quarterly samples taken in the distribution system. The reported HAAs value refer to the sum of the concentration of six haloacetic acid compounds which include mono-, di-, and trichloroacetic acids, and mono- and dibromoacetic acids, and bromochloroacetic acid. HAAs are a type of chlorination disinfection by-product that are formed when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter, usually in raw water. HAA’s are a relatively new disinfection by-product. Lead - Metals, for the most part, are naturally present in source water, or are the result of industrial activity. Some, such as Lead, may enter the drinking water from plum bing in the distribution system. Lead can occur in the source water as a result of erosion of natural deposits. The most common source of lead is corrosion of the household plumbing. The MAC for lead levels is 0.010 mg/L. Page 145 of 251 DWQMS Management Review 2019 Page 146 of 251 Table of Contents List of Acronyms and Definitions ................................................................... 3 Introduction .................................................................................................... 5 1. Incidents of regulatory non-compliance ..................................................... 5 2. Incidents of adverse drinking-water tests ................................................... 5 3. Deviations from critical control point limits and response actions .............. 6 4. Efficacy of the risk assessment process .................................................... 6 5. Third-party and Internal audit reports ......................................................... 7 6. Results of emergency response testing ..................................................... 9 7. Operational performance ......................................................................... 10 8. Raw water supply and drinking-water quality trends ................................ 10 9. Follow-up on action items from previous management reviews .............. 10 10. Status of management action items identified between management reviews… ..................................................................................................... 11 11. Changes that could affect the Quality Management System ................. 12 12. Consumer feedback (i.e., internal & external communications) ............. 13 13. Resources needed to maintain the Quality Management System ......... 13 14. Results of DWQMS Infrastructure Review ............................................. 14 15. Operational Plan currency, content & updates……………………………14 16. Staff suggestions ............................. ……………………………………....14 Page 147 of 251 Page 3 of 15 2019 DWQMS Management Review List of Acronyms and Definitions DWQMS – Drinking Water Quality Management System MECP – Ministry of the Environment, Conservation and Parks QMS – Quality Management System THM –Trihalomethanes are a group of compounds that can form when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter (e.g., decaying leaves and vegetation). HAA - Haloacetic Acid. HAA values refer to the sum of the concentration of six haloacetic acid compounds which include mono-, di-, and trichloroacetic acids, and mono- and dibromoacetic acids, and bromochloroacetic acid. HAAs are a type of chlorination disinfection by-product that are formed when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter, usually in raw water. OFI – Opportunity for Improvement Ontario Regulation 170/03 – Regulation under the Safe Drinking Water Act governing Drinking Water Systems Ontario Regulation 169/03 – Ontario Drinking Water Quality Standards which Outline maximum allowable concentrations (standards) for Microbiological, Chemical and Radiological elements and compounds in drinking water systems. Ontario Regulation 319/08 – Regulation under the Health Protection and Promotion Act governing Small Drinking Water Systems. This Reg. lies outside the scope of the Safe Drinking Water Act as it relates to systems separate from the distribution system. Watermain Disinfection Procedure Section 4 – Documentation requirements for operators who are performing maintenance and repair activities associated with disinfecting water mains as part of an addition, modification, replacement, extension, planned maintenance, or emergency repair in a municipal residential drinking water system Page 148 of 251 Page 4 of 15 2019 DWQMS Management Review SDWS – Small Drinking Water Systems. The City of Niagara Falls owns 3 cistern fed SDWS properties, which are the: Willoughby Volunteer Fire Department at 11208 Sodom Rd.; Willoughby Town Hall at 11211 Sodom Rd. and; Fire Station #6 at 8137 Schisler Rd . Niagara Region Emergency Drinking Water Provision Plan – A Niagara Region document created in 2018 (in collaboration the key officials, agencies, departments and stakeholders), to establish framework for responding to an emergency involving the drinking water supply in Niagara Region. It is intended to service as a guideline that outlines the responsibilities and activities in managing a drinking water emergency. Page 149 of 251 Page 5 of 15 2019 DWQMS Management Review 2019 DWQMS Management Review Introduction Element 20 of the Drinking Water Quality Management Standard states that a Management Review must be completed at least once every calendar year. This review is to be completed with the person(s) deemed Top Management in the Drinking Water System. The purpose of the Management Review is to document the actions and effectiveness of the Quality Management System. The outcome of the Management Review must be reported to the Owner of the Drinking Water System. The information reported to the Owner can be relayed at the same time as the Annual Drinking Water System Report, scheduled to be provided to Council in March. 1. Incidents of regulatory non-compliance On October 30, 2019, the Ministry of the Environment, Conservation and Parks completed an onsite inspection. This inspection indicated that there were no incidents of regulatory non-compliance, and therefore the overall compliance rating for the inspection was 100.00%. However, the Inspector suggested, in the “Recommendations and Best Practices” section of the report to:  Modify watermain commissioning form to meet future requirements (New Watermain Disinfection Procedure release TBD) and ensure training of employees who witness disinfection of new watermains including calculating all criteria and taking appropriate actions if criteria are not met;  Initiate a backflow prevention program (once direction and approval from Council has been achieved), commencing with City owned properties in 2020 and expanding the program to private properties in the future;  Continue involvement in meetings related to the relocat ion of the Niagara Falls Water Treatment Plants intake from the Welland River to the south side of the Niagara River. The MECP 2019 Inspection Report is attached as Appendix A, for review. 2. Incidents of adverse drinking-water tests The City experienced four (4) adverse sample result within its distribution system throughout 2019. Page 150 of 251 Page 6 of 15 2019 DWQMS Management Review i) April 24, 2019: A microbiological sample collected at 2334 St. Paul Street (Eagle Valley Golf), which is a regular distribution sampling point for the City of Niagara Falls resulted in an adverse reading of 2 total coliforms (CFU/100 mL). Samples collected the day following the adverse sample were clear (0 coliforms). ii) May 8, 2019: A microbiological sample collected at 5869 Main Street (Big Bee Variety), which is a regular distribution sampling point for the City of Niagara Falls resulted in an adverse reading of 2 total coliforms (CFU/100 mL). Samples collected the day following the adverse sample were clear (0 coliforms). iii) June 10, 2019: A microbiological sample collected at 3200 Stanley Avenue (Service Centre), which is a regular distribution sampling point for the City of Niagara Falls resulted in an adverse reading of 1 total coliform (CFU/100 mL). Samples collected the day following the adverse sample were clear (0 coliforms). iv) July 16, 2019: A microbiological sample collected at 9061 Garner Road (Cytec), which is a regular distribution sampling point for the City of Niagara Falls resulted in an adverse reading of 1 total coliform (CFU/100 mL). Samples collected the day following the adverse sample were clear (0 coliforms). Upon receiving the adverse notification from the Licenced Lab in all instances noted above, staff followed SOP “MW -ES-DWS-SOP-012-001 – Adverse Water Quality Incident Reporting”, and the incident was resolved by re-sampling. A copy of MW -ES-DWS-SOP-012-001 can be found in previous Management Reviews. 3. Deviations from critical control point limits and response actions There were no deviations from critical control points during this report period. 4. Efficacy of the risk assessment process During the 2017 internal audit, it was identified that further clarification was needed with respect to the Risk Assessment and what a true critical control point Page 151 of 251 Page 7 of 15 2019 DWQMS Management Review is. Currently there are items listed as critical control points that the City cannot control, regardless of their importance, such as backflow prevention devices not owned by the City. As per the updated DWQMS standard (Version 2.0), MECP required items were also addressed in the Risk Assessment. These included climate change issues such as drought, forest fires, tornados or extended extreme temperatures. These were captured initially in the 2018 Risk Assessment, included again in the 2019 Risk Assessment and will continue to be included in all future Risk Assessments. During the 2018 internal audit, it was suggested that outcomes of the most recent risk management assessment are considered during the infrastructure review meeting. This was practised during the 2019 Infrastructure Review process and will continue for all future Infrastructure Reviews. 5. Third-party and Internal Audit Reports Third Party Audit On September 9, 2019, NSF Internal performed an offsite verification audit of the City’s DWQMS.There were not any non-conformances found during the third party audit. However, the Auditor suggested, in the “Opportunities for Improvement” section of the report to:  Update the Operational Plan to reflect Version 2.0 of the DWQMS Standard (this was complete upon receipt of the report, as the only changes to this document required were proper date formatting insertions);  Separate the Vision Statement from the Quality Management System Policy. The City has chosen to leave this combined, as it covers all requirements of the QMS in its current state;  Add the QMS rep position to the organizational chart found in the Operational Plan. This was complete upon receipt of the report, as the position already existed on the organizational chart (Environmental Services Coordinator, who is the QMS representative), and “/QMS Rep” was simply added;  Mention disposal method of documents and records following their proper retention time. This was complete by adding: “Following their appropriate retention time, documents are disposed of by way of shredding (for hard copies) and file deletions or placed in a secured archive folder for electronic documents. As indicated in the Control of Records MW-ES- DWS-PRO-003-001 Records should be disposed by the end of the calendar year in which their minimum retention time elapses. For example, Page 152 of 251 Page 8 of 15 2019 DWQMS Management Review if a record was created on July 25th, 2004 and is to be retained for 5 years, it should be disposed of by December 31, 2009.” was added as a footnote to MW -ES-DWS-LM-003-001 (Record Control Matrix);  Aggressively implement a backflow prevention program based on existing bylaw;  Implement a formal leakage protection program ;  Ensure all fire hydrants are flushed annually (as per the Fire Code);  Consider flowcharting the communication methodology between the City and the water supply departments – specifically as it relates to emergency scenarios;  Include factual information) and revenue requirements (with dollar value) as it relates to mandatory/needed works projects in next Management Review;  Segregate improvements to the QMS system in a separate folder (currently in a spreadsheet). This could be achieved simply by formatting. The NSF Third Party Audit is attached as Appendix B, for review. Internal Audit An internal audit was completed by Acclaims Environmental on December 10th and 11th 2019. The Ministry released Version 2.0 of the DWQMS in February 201 7. This document indicated all changes required to systems Operational Plan, policies and procedures must be complete before the first audit in 2019. The City chose to be audited on this new Version for the 2018 audit year, ahead of schedule for optimized efficiency and responsibility. The City was again audited on Version 2.0 of the standard in 2019. During this internal 2.0 audit, zero non-conformances were noted by the auditor. However, there were some opportunities for improvement noted which included:  Consider adding a revision date to the Emergency Drinking Water Provision Guideline (newly created document in 2019), as it has been included as a System Level Procedure (MW -ES-DWS-PRO-014-002) in the QMS;  Consider adding a reference in the Operational Plan s.7.0 and related procedures to the Ministry’s “Potential Hazardous events for Municipal Residential Drinking Water Systems” document (this was completed post audit by adding the following detail: “In 2017, the MECP developed a guidance document titled “Potential Hazardous Events for Municipal Residential Drinking Water Systems” (to Consider in the DWQMS Risk Assessment), which suggested to include: long term impacts of climate change; water supply shortfall; extreme weather events (e.g., tornado, ice storm); sustained extreme temperatures (e.g., heat wave, deep freeze); chemical spill impacting source water; terrorist and vandalism actions; Page 153 of 251 Page 9 of 15 2019 DWQMS Management Review sustained pressure loss and backflow events in the DWQMS Risk Assessment. These potential events have and will continue to be been considered for all post 2017 Risk Assessments”) to the Ops Plan and updating MW -ES-DWS-PRO-004-001 (DWQMS Risk Assessment) respectively;  Consider updating “annually” to “once every calendar year and “every three years” to once every 36 months in the Ops Plan to ensure consistency with the requirements of Version 2.0 of the Standard (this was completed post audit, where all appropriate sections were updated);  Consider implementing the “on the job” training form to track training hours for communications staff regarding legislative updates;  Consider joining the Ontario Water/Wastewater Agency Response Network (OnWARN) to join a province-wide mutual aid and assistance agreement for improved emergency preparedness (see www.onwarn.org) for more information;  Consider describing the ways in which best practises are considered in the Operational Plan’s s. 21 (e.g. through audits, backflow groups, MWWRC group, conferences, magazines, neighbouring municipalities etc.) (This was completed post audit, by adding the following detail: “As per Version 2.0 of the DWQMS Standard, Continual Improvement Initiatives are tracked using a database retained by the Environmental Services Coordinator. Continual Improvement initiatives outside the scop e of Preventative and Corrective Action forms are motivated by, but not limited to staff suggestions, municipal best practices, audits, municipal working groups, conferences, subject publications, water professional’s organizations and Ministry published best management practices suggestions.” to the Ops Plan. The internal audit report is attached as Appendix C, for review. 6. Results of emergency response testing On November 28, 2019, Environmental Services Staff participated in an Emergency Response desktop training exercise. The scenario included sustained pressure loss, critical crossing watermain break ad extreme cold weather resulting in large scale frozen water services within varying areas of Niagara Falls. The group was asked to work together on a plan of action, remediation and communication to City staff as well as Niagara Falls residents and pertinent external agencies. Team discussion touched on items such as flushing techniques, optimum communication, acquiring aid from other Municipal/Regional entities, water advisory procedures, watermain isolation, valve closures, sample protocols, operational reporting requirements and health Page 154 of 251 Page 10 of 15 2019 DWQMS Management Review and safety procedures. Newly created guidance document City of Niagara Falls Emergency Drinking Water Provision Consideration/Guideline (MW -ES-DWS- PRO-014-002) was introduced at this training session, and applied in the mock scenarios. 7. Operational performance In 2019 Environmental Services responded to 82 watermain breaks. This total number is a decrease from the previous year (2018), during which 87 watermain breaks occurred. The winters of 2018 and 2019 were similar in weather patterns during the winter months. 8. Raw water supply and drinking-water quality trends Niagara Region is responsible for all sampling and testing of raw water. Through a previous year’s hydrant maintenance program, City staff members have found areas of the municipal drinking water system where weekly or bi-weekly flushing’s can improve water quality. These areas are tracked by way of a flushing report form and this practice has continued throughout 2019. Source water temperature changes in late spring and fall have historically resulted in resident inquiries about chlorine levels. The majority of these calls originate from the south end of the City which is the geographic area closest to the water treatment plant. The City receives weekly chlorine residual results from Niagara Region, which have indicated no significant fluctuation in chlorine levels leaving the treatment plant. This remained unchanged in 2019. Niagara Region is continuing to monitor THM (trihalomethane) levels in conjunction with all local area municipalities. Various methods of preventing THM levels from increasing have been discussed. The City’s Environmental Services Division will continue to flush dead end watermains, which is a currently a suitable manner for which a distribution system can mitigate potential high THM levels. There have been discussions with Niagara Region in regards to changing their GAC (granular activated carbon) at the treatment plant. This filter media removes organic debris from the treated water and reduces THM formation. This communication with Niagara Region continued throughout 2019 and will carry on indefinitely, as we collaboratively strive for the continual improvement of water quality in the distribution system. The filter media replacement at the Niagara Falls Water Treatment Plant was delayed in 2019, and is scheduled to be replaced during 2020, based on information reported by the Niagara Region Process Specialist. 9. Follow-up on action items from previous management reviews Page 155 of 251 Page 11 of 15 2019 DWQMS Management Review 10. Status of management action items identified between management reviews No action items identified during this time period. Action Items Assigned To Due Dates Status/Follow-up Backflow Prevention Program Environmental Services 2019 Ongoing. Further steps have been taken to assess the needs for City owned properties back flow devices. City of Niagara Falls Backflow Prevention Program Guideline document created in 2019. Research newly recommended auditing agency for 2018 Jessica Blanchard Before next Accreditation Audit -NSF utilized in 2019 as per their 3 year cycle. To discuss utilizing SAI Global during next cycle (commencing 2021) -City did choose to utilize a different internal auditor for 2018 and 2019 To review current forms and agreements with contractors as it relates to capital works projects to adjust language and formatting if fitting Jessica Blanchard 2019 Ongoing. Commissioning checklists reviewed and adjusted in 2019. The Environmental Services Division will continue to monitor the effectiveness and completeness of contractor forms. To review packages provided during bids to see if all concerns are addressed – i.e. moving a hydrant. Ensure to reference new Watermain Disinfection Procedure once released To investigate workings of www.alertready to see if the City is in favor of utilizing it Jessica Blanchard 2019 Ongoing. Discussion with Niagara Region (QMS, Mock Emergency Group) as well as City of Niagara Falls Emergency Reponse Team. Develop/create a system level procedure to speak to emergency water provisions To discuss with the City’s Communication team as well Jessica Blanchard James Sticca 2019 Complete: MW -ES-DWS-PRO-014-002 (Emergency Drinking Water Provision Guideline) created in 2019. Discussion with Communications team regarding messaging that would be on the City’s website in the instance this guideline was enacted. Page 156 of 251 Page 12 of 15 2019 DWQMS Management Review 11. Changes that could affect the Quality Management System The MECP released Version 2.0 of the DWQMS in February of 2017. This document was used as a guide to update City procedures, processes and best practises. In 2018 the City was audited internally on this Version 2.0 document, with zero non-conformances noted. The City was again audited on Version 2.0 and again experienced zero non-conformances. To review, in January of 2017, a change to Ontario Regulation 170/03 outlined that residential drinking water systems and non-municipal year-round residential drinking water systems that provide chlorination or chloramination are to be taking and analyzing samples from locations within their system that are likely to experience the formation of THMs and HAAs, which are both chlorine disinfection by-products. The City has been sampling for THMs for several years and commenced quarterly HAA testing in 2017. Although the Ontario Regulation 169/03 standard of 0.08 mg/L for HAAs in drinking water (based on a locational running annual average of a minimum of quarterly samples taken in the distribution system) did not come into effect until January 1, 2020, the City has been diligently monitoring HAA levels to proactively ensure values remain far below the 0.08 mg/L exceedance. In addition to this, in May of 2018, the MECP circulated a letter titled “Haloacetic Acid (HAA) Sampling Concerns” to Municipal Drinking Water System Owners and Operators that recommended further HAA testing to allow a more seamless transition to the upcoming regulated monitoring requirements. In response to this, in 2019 the City performed (2) HAA sampling tests quarterly – one close to the Niagara Falls Water Treatment Plant and an additional sample in close proximity to the Stanley Avenue booster station (downstream from the booster station). As outlined in the HAA Sampling Concerns document, if average annual HAA levels were below half of the 2020 exceedance value ( i.e. half of 0.8 mg/L – which is 0.4 mg/L), the City can go back to sampling one HAA location the following year (2020). If the annual average is above 0.4 mg/L, the City will have to continue sampling at two locations for HAA’s. The 2019 HAA results ranged from 0.0065 – 0.0199 mg/L, with an average annual HAA value of 0.01119 mg/L. Although well below both the 0.8 mg/L standard and the 0.4 mg/L indicator value, the City has chosen to sample for HAA’s at the two locations, as a best practise measure. In 2018, Public Health initiated the increased frequency of SDWS inspections. These inspections previously occurred once every four (4) years, and are now being inspected annually (once a year). The City continues to work towards updating the SDWS (of which the City has three in total) checklists/inspection sheets to ensure compliance with the Public Health Directive Document for each system. It should be noted that the City is currently (Q1 of 2020) researching the title on the land at 11208 Sodom Rd. to determine if they will still be responsible for this SDWS. An update will be provided at the time of the next Management Review. Page 157 of 251 Page 13 of 15 2019 DWQMS Management Review The MECP continues to develop a second version of the Watermain Disinfection Procedure. A draft of this document is currently being finalized and the MECP has advised that the final version release of this document will likely occur during 2020. Some City operating procedures and operational logs may require further updating following the additional/adjusted standards and requirements in this proposed Ministry document update. However, the City has proactively been adjusting their documents to suit MECP and O. Reg. 170/03 on a continual basis over the past two years. To review, since July 1, 2017, schools and child care centres in Ontario have been required to test all fountains and drinking water taps in t heir facilities by Ministry prescribed timelines. If a sample result exceeds the standard, immediate action needs to be taken until the issue is resolved. The increased lead testing requirement was developed to ensure all water taps serving drinking water to children in schools and child care centres are sampled for lead. This program currently remains the responsibility of the Public Health System. There has been discussion that the MAC for lead in a water distribution system may be lowered to mimic the new Health Canada Guideline (currently the MAC is 0.01 mg/L in water distribution systems in Ontario, where the Health Canada MAC has been lowered to 0.005 mg/L). The City of Niagara Falls has experienced lead distribution samples ranging from 0.0003 to 0.00 140 over the past two years – all well below the potential new proposed MAC. 12. Consumer feedback (i.e., internal & external communications) Environmental Services still continues to flush areas known to have low chlorine residuals weekly. Discoloured or dirty water calls have continued to decrease; this is due to the extensive capital work taking place in areas known for water quality issues. 13. Resources needed to maintain the Quality Management System The DWQMS Representative (Environmental Services Coordinator) continues to use an external consultant for the internal audit. This provides the DWQMS Representative with detailed reports and multi-industry expertise during the on- site audit. The city chose to utilize the same internal auditor in 2019 as in 2018, for a fulsome and comparative gauge of improvement. For 6 months in mid-2019, the Environmental Services Division acquired two casual labourers to perform non-operator work. These additional staff allowed time for operators in the Division to perform new and more aggressive Page 158 of 251 Page 14 of 15 2019 DWQMS Management Review operational maintenance tasks. Prior to 2019: curb stop locating was only performed on an as needed basis, and was minimal; Hydrant inspections were performed on approximately one third of all assets (hydrant inspections are mandatory on an annual basis, as per the Fire Code); and Valve exercising has been performed on a fraction of all City owned valves. However, with the additional of non-operator staff in 2019, the greater work time allowances for operators resulted in the Environmental Services Division: Locating 1900 curb stops; Increasing hydrant inspections by 107%; and Increasing the number of valves exercised by 49%. Despite these increases, the City still fell short of its required inspection of all fire hydrants in 2019, so it is recommended that casual labourers are again acquired by the Environmental Services division in future years, and either utilized for longer period of time during the year or ensure that more than two staff are assigned to the Division. 14. Results of DWQMS Infrastructure Review The DWQMS Infrastructure Review is one of many documents which aid in the decision making process for determining Capital Works projects and schedules. The DWQMS Representative and the Manager of Environmental Services, along with the Asset and Infrastructure teams have worked collectively to prioritize the proposal of capital work for design. Suggestions are also provided by Environmental Services staff based on previous experience and were taken into consideration along with other factors, such as sewer separation. The process still remains as stated above. Additionally, as operational challenges arise, the Environmental Services Coordinator (DWQMS Rep) ensures these are communicated to the Manager of Environmental Services who flags these to the Asset and Infrastructure teams for future capital replacement programs. This consistent line of communication between Operations and Engineering was missing prior to the initiation of the DWQMS. As previously mentioned, the outcomes of the most recent Risk Management Assessment were presented and considered in during the 2019 Infrastructure Review, and this process will continue for all future Infrastructure Reviews, as suggested by the City’s Internal Auditor. 15. Operational Plan currency, content & updates The Operational Plan was updated in early 2019 and was endorsed by Municipal Council on March 19, 2019. Page 159 of 251 Page 15 of 15 2019 DWQMS Management Review 16. Staff suggestions Throughout 2019, Environmental Services staff offered several process improvement suggestions for the DWQMS. They included:  Creating laminated business/information cards which contain information about the City’s lead sampling program and how to contact the City to request a lead test. These are circulated with all lead and/or water quality related letters for increased outreach and potential friend/family sharing and increased interest in the mandatory lead sampling program;  Creating visual guidance document: “Watermain Break when Sewer Lateral is Present and Possibly Damaged/Cut”, to ensure consistent messaging for these instances. During Ministry Inspections, it is imperative that the methodology utilized during water related repairs are consistent and in keeping with regulations. This document serves to ensure these items are met as well as exhibits the extra precautions/best practise measures taken by the City;  Creating a visual aid in conjunction with the Critical water Users List. This map indicates all properties in Niagara Falls which are considered critical water users, and facilitates determining if one of these properties is affected by a water interruption. This quick reference serves as an improved customer service and accountability piece for the City;  Developing a System Level Procedure “City of Niagara Falls Emergency Drinking Water Provision Consideration/Guideline” (MW -ES-DWS-PRO- 014-002). This document will further serve as a continual improvem ent and emergency preparedness piece on its own as well as a compliment to the Niagara Region Emergency Drinking water Provision Plan. Page 160 of 251 Standard of care, municipal drinking water system 19. (1) Each of the persons listed in subsection (2) shall, (a) exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation; and (b) act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system. 2002, c. 32, s. 19 (1). Same (2) The following are the persons listed for the purposes of subsection (1): 1. The owner of the municipal drinking water system. 2. If the municipal drinking water system is owned by a corporation other than a municipality, every officer and director of the corporation. 3. If the system is owned by a municipality, every person who, on behalf of the municipality, oversees the accredited operating authority of the system or exercises decision-making authority over the system. 2002, c. 32, s. 19 (2). Offence (3) Every person under a duty described in subsection (1) who fails to carry out that duty is guilty of an offence. 2002, c. 32, s. 19 (3). Same (4) A person may be convicted of an offence under this section in respect of a municipal drinking water system whether or not the owner of the system is prosecuted or convicted. 2002, c. 32, s. 19 (4). Reliance on experts (5) A person shall not be considered to have failed to carry out a duty described in subsection (1) in any circumstance in which the person relies in good faith on a report of an engineer, lawyer, accountant or other person whose professional qualifications lend credibility to the report. 2002, c. 32, s. 19 (5). Page 161 of 251 PBD-2020-18 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-18 DB-2020-002, Deeming By-law Application Lot 132, Plan 64 6358 Barker Street Applicant: Phase 3 Real Estate Inc. c/o Bryan Keenan RECOMMENDATION That Council pass the by-law appearing on tonight’s agenda to deem Lot 132, Plan 64 no longer to be within the registered plan of subdivision, to enable it to be merged with a portion of land being severed from Lot 131, Plan 64. EXECUTIVE SUMMARY The property known as 6358 Barker Street is comprised of Lots 131 & 132 on Plan 64. The Committee of Adjustment recently approved a consent application (B-2019-026) to sever the easterly 3.4 metres of Lot 131 and to combine it with Lot 132 to create a parcel for a detached dwelling. To merge Lot 132 with the portion of Lot 131 being severed, Lot 132 needs to be deemed to no longer be in the registered plan of subdivision. Bryan Keenan is requesting Council to pass a deeming by-law under the Planning Act so that Lot 132, Plan 64 will no longer be a lot within the registered plan of subdivision. The necessary deeming by-law is included in tonight’s agenda for passing. Once passed, the by-law will need to be registered on title to take effect. The existing dwelling known as 6358 Barker Street will be retained on the remaining portion of Lot 131. The subject lands are zoned Residential 1E Density Zone (R1E Zone), in accordance with Zoning By-law No. 79-200. The R1E Zone requires a minimum lot frontage of 12 metres, whereas the remaining parcel and the proposed parcel would have frontages of 10.3 metres. The Committee of Adjustment recently approved an application for a minor variance (A-2019- 037) which allows the proposed frontages. BACKGROUND Proposal The property known as 6358 Barker Street is comprised of Lots 131 & 132 on Plan 64. Bryan Keenan recently filed a concurrent severance application (B-2019-026) and minor variance application (A-2019-037) with the City’s Committee of Adjustment. The consent application was to sever the easterly 3.4 metres of Lot 131 and to combine it with Lot 132 to create a parcel for a detached dwelling. The severance application was approved conditional upon a by-law being passed by Council to deem Lot 132 not to be a lot on Plan 64 so that it can be merged with the portion of land to be severed from Lot 131. Refer to Schedules 1 and 2 to locate the lands and for details of the severance. Page 162 of 251 2 PBD-2020-18 April 2, 2020 The subject lands (Lots 131 & 132) are zoned Residential 1E Density Zone (R1E Zone) in accordance with Zoning By-law No. 79-200. The R1E Zone requires a minimum lot frontage of 12 metres. Both the proposed parcel, part of Lot 131 and Lot 132, and the remaining portion of Lot 131 will have frontages of 10.3 metres. The concurrent minor variance application was approved by the Committee of Adjustment to allow the parcels to have the proposed lot frontages. A deeming By-law passed under Section 50(7) of the Planning Act removes the special status granted to lots in a registered plan of subdivision. Passing the requested deeming by-law and its registration will allow the legal merger of the lot with the land to be severed. Once merged, the proposed parcel will meet the regulatory provisions of the Zoning By-law, as varied by the Committee of Adjustment. A Building Permit can be issued once the severance has been finalized. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The construction of a detached dwelling on the proposed parcel will be subject to the payment of Development Charges. CITY’S STRATEGIC COMMITMENT The proposal supports Council’s strategic priority of using infill opportunities to provide additional housing. LIST OF ATTACHMENTS  Schedule 1 - Location Map  Schedule 2 - Severance Sketch of Lots 131 & 132, Plan 64 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer KMech:cv Attach. S:\PDR\2020\PBD-2020-18, DB-2020-002, Phase 3 Real Estate Inc..docx Page 163 of 251 3 PBD-2020-18 April 2, 2020 SCHEDULE 1 Location Map Page 164 of 251 4 PBD-2020-18 April 2, 2020 SCHEDULE 2 Survey Plan Page 165 of 251 PBD-2020-27 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-27 DB-2020-003, Deeming By-law Application Lot 1, Plan 93 6710 Drummond Road Applicant: Vito Golia & Teresa Golia-Slovak RECOMMENDATION That Council pass the by-law appearing on tonight’s agenda to deem Lot 1, Plan 93 no longer to be within the registered plan of subdivision, to enable it to be merged with a portion of Lot 2, Plan 93 and Part of Township Lot 160. EXECUTIVE SUMMARY The property known as 6710 Drummond Road contains a commercial building and is currently comprised of Lots 1 & 2 on Plan 93 and Part of Township Lot 160. The dwelling known as 6179 Toby Crescent is located on Part of Lot 2. The lands merged when they were placed in the same name. The Committee of Adjustment recently approved a consent application (B-2020- 004) to sever the portion of Lot 2 containing the dwelling from the balance of Lot 2 and the other lands associated with 6710 Drummond Road. To merge Lot 1 with the retained portion of Lot 2 and the portion of Township Lot 160, Lot 1 needs to be deemed to no longer be in the registered plan of subdivision. Deeming Lot 1 was a condition of the Committee of Adjustment’s approval of B-2020-004. Vito Golia and Teresa Golia-Slovak are requesting Council to pass a deeming by-law under the Planning Act so that Lot 1, Plan 93 will no longer be a lot within the registered plan of subdivision. The necessary deeming by-law is included in tonight’s agenda for passing. Once passed, the by-law will need to be registered on title to take effect. The property known as 6710 Drummond Road is zoned General Commercial with site specific regulations (GC-182), in part, and Parking with site specific regulations (P-182), in part, in accordance with Zoning By-law No. 79-200, as amended by By-law No. 88-163. The portion of Lot 2, containing the dwelling and proposed to be severed from 6710 Drummond Road, is zoned Residential 1C Density (R1C) and requires a minimum lot area of 550 square metres, whereas the parcel would have a lot area of 380.5 square metres. The Committee of Adjustment approved a minor variance (A-2020-004) which allows the proposed lot area. BACKGROUND Proposal The property known as 6710 Drummond Road is currently comprised of Lots 1 & 2 on Plan 93 and Part of Township Lot 160. The dwelling known as 6179 Toby Crescent is located on Part of Lot 2 on Plan 93. Vito Golia recently filed a concurrent severance application (B-2020-004) and minor variance application (A-2020-004) with the City’s Committee of Adjustment. The consent application was to sever the portion of Lot 2 containing the dwelling from the balance Page 166 of 251 2 PBD-2020-27 April 2, 2020 of 6710 Drummond Road. The severance application was approved conditional upon a by-law being passed by Council to deem Lot 1 not to be a lot on Plan 93 so that it can be merged with the portion of Lot 2 to be retained along with Part of Township Lot 160. Refer to Schedule 1 to locate the lands and Schedule 2 for details of the severance (Part 1 being removed from Part 2) and the location of Lot 1 which is requested to be deemed. The property known as 6710 Drummond Road is zoned General Commercial with site specific regulations (GC-182), in part, and Parking with site specific regulations (P-182), in part, in accordance with Zoning By-law No. 79-200, as amended by By-law No. 88-163. The portion of Lot 2, containing the dwelling and proposed to be severed from 6710 Drummond Road, is zoned Residential 1C Density (R1C) and requires a minimum lot area of 550 square metres, whereas the parcel would have a lot area of 380.5 square metres. The Committee of Adjustment approved a minor variance (A-2020-004) which allows the proposed lot area. A deeming By-law passed under Section 50(7) of the Planning Act removes the special status granted to lots in a registered plan of subdivision. Passing the requested deeming by-law and its registration will allow the legal merger of the land to be retained. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The deeming by-law has no financial implications, but it will allow the land known as 6179 Drummond Road to be merged legally to become one parcel as is intended to be maintained. CITY’S STRATEGIC COMMITMENT The proposal supports Council’s strategic priority of a vibrant and diverse economy. LIST OF ATTACHMENTS  Schedule 1 - Location Map  Schedule 2 - Severance Sketch of Lots Lots 1 & 2, Plan 93 & Part of Township Lot 160 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer KMech:cv Attach. S:\PDR\2020\PBD-2020-27, DB-2020-003, Vito Golia & Teresa Golia-Slocak.docx Page 167 of 251 3 PBD-2020-27 April 2, 2020 SCHEDULE 1 Location Map Page 168 of 251 4 PBD-2020-27 April 2, 2020 SCHEDULE 2 Survey Plan Page 169 of 251 PBD-2020-28 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-28 26CD-11-2017-003 Extension to Draft Approval Plan of Vacant Land Condominium 7736 and 7746 Beaverdams Road Applicant: Debbie Scappaticci Agent: Greg Hynde RECOMMENDATION That Council grant a three year extension to draft plan approval of the Vacant Land Condominium, ending July 11, 2023. EXECUTIVE SUMMARY Draft approval for a Vacant Land Condominium, to divide the land into units of land for 10 townhouse dwelling units, was granted by Council on June 13, 2017. Draft approval is due to expire on July 11, 2020. The applicant has requested a three year extension of draft approval due to a potential change in ownership and to allow additional time to consider changes to the proposal and clear conditions. Although extensions to draft plan approval have typically been given for only a year, a longer extension is acceptable. The conditions of draft approval still conform to Provincial, Regional, and City policies and applicable zoning and development standards. BACKGROUND Proposal On June 13, 2017, Council granted draft plan approval to a Vacant Land Condominium for the lands known as 7736 and 7746 Beaverdams Road. The condominium consists of 10 units of land for future townhouse units and common areas for access, parking and landscaping. Draft approval came into effect on July 11, 2020. The location of the lands is shown on Schedule 1. The layout of the condominium is illustrated on Schedule 2. Draft approval for Condominium applications is typically giv en for three years. Approval lapses after three years unless an extension is granted by Council as permitted under the Planning Act. Page 170 of 251 2 PBD-2020-28 April 2, 2020 ANALYSIS The applicant’s planner has submitted a request for an extension to draft plan approval for 3 years (see attached letter). Draft approval was granted subject to 29 conditions (se e Appendix B).None have been fulfilled. In the past the City has granted extensions to draft approval for one year. However, there are no limits in the Planning Act. Therefore the City may extend draft approval as it sees fit. Given that no conditions have been fulfilled, it will take some time for the owner to do so. In addition, the request notes that the property is to be sold. Further, the new owners may want to pursue changes to the design of the project. The request was circulated to City departments and the Region for comments. None objected to the requested extension. Furthermore, the proposal remains in compliance with Provincial, Regional and City policies and relevant zoning regulations and development standards. As such, it would be appropriate to extend draft approval for 3 years, until July 11, 2023. The conditions of draft approval are listed in Appendix B. These remain unchanged from 2017, save and except for the reference to the Development Changes By-law in Condition No. 13. Should changes to the draft plan be proposed by the next owner, a request to modify the draft plan will need to be submitted along with the appropriate fees. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City when it proceeds. There are no other financial implications. CITY’S STRATEGIC COMMITMENT The proposed Condominium will provide additional housing in the City. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Site Plan  Appendix A – Request for Extension of Draft Plan Approval  Appendix B – Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:nv Attach. S:\PDR\2020\PBD-2020-28, 26CD-11-2017-003, 7736 &7746 BeaverdamsRoad Extension of Draft Approval.docx Page 171 of 251 3 PBD-2020-28 April 2, 2020 SCHEDULE 1 Page 172 of 251 4 PBD-2020-28 April 2, 2020 SCHEDULE 2 Page 173 of 251 5 PBD-2020-28 April 2, 2020 APPENDIX “A” Request for Extension of Draft Plan Approval Page 174 of 251 6 PBD-2020-28 April 2, 2020 Page 175 of 251 7 PBD-2020-28 April 2, 2020 APPENDIX B Conditions of Draft Plan Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Quartek, dated February 22, 2017, showing 10 units of vacant land for townhouses 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 provide five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, 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. 5. 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. 6. The developer dedicate a 1.5 metre wide road widening, free and clear of any mortgages, liens or other encumbrances, to the City of Niagara Falls along the frontage of Beaverdams Road. 7. The developer construct a 1.8 metre high wood fence along the lot line that abuts the single detached lots to the north and west and the commercial development to the south to the satisfaction of Parks Design. Details of this fencing shall be shown on the landscape plan required by Condition 8. 8. The developer provide a landscape plan, prepared by a landscape architect (OALA), showing fencing, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios and driveway locations. 9. The developer pay the City cash-in-lieu of 5% parkland dedication. 10. The roadways, services, lot grading and construction be designed and constructed in accordance with City standards. Page 176 of 251 8 PBD-2020-28 April 2, 2020 11. 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. 12. 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 approval of the plans for construction. 13. 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. 14. The developer pay the City the applicable required fees for administration. 15. 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. 16. The developer ensure that the existing municipal infrastructure will adequately service the development as proposed. All underground services within the subject Land shall be designed and constructed in accordance with City standards. 17. The developer demonstrate sufficient hydraulic capacity within the combined sewer downstream of the site so as to accept the additional sanitary sewer flows. 18. The developer demonstrate a net-reduction in the untreated combined sewage overflow volume from the municipal sanitary sewer system to the natural environment will occur on an annual basis. 19. The lot grading must be designed and constructed in accordance with City standards. 20. The developer submit the necessary servicing drawings, identifying the locations of the fire hydrants, in accordance with section 3.2.5.7 of the Ontario Building Code. 21. The developer submit a request to the Fire Department to designate, through municipal by-law, a fire access route on the property; provide a drawing illustrating the fire route’s compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code; and post the necessary ‘no parking’ signs. NOTE: parking shall be prohibited on both sides of the access road. 22. The developer provide the necessary drawings to Fire Services, to confirm compliance of the development with Section 3.2.5.5(1) of the Ontario Building Code. 23. 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 communication/ Page 177 of 251 9 PBD-2020-28 April 2, 2020 telecommunication infrastructure. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. 24. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject land 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. 25. That a Community Mail Box (CMB) be located on Block 4, 20 metres west of the property line facing the driveway, or in an alternative location if determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 26. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 27. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, installation, notification of the start of construction and providing mail service information to property owners. 28. That the owner select one of the following options for waste collection: a. Revise the plan to comply with the Niagara Region’s Waste Collection Policy by removing the visitor parking spaces at the end of the T -turnaround; b. The residents of each unit bring their waste and recycling to the Beaverdams Road curbside, as long as waste does exceed the collection limits of 1 bag/container and unlimited bins of recycling and compost per unit; c. Private waste collection be provided by the condominium corporation, and the following clauses be included in the Condominium Agreement to survive closing: “The Owner/Condominium Corporation agrees to include the following clause in all Offers and Agreements of Purchase and Sale or Lease for all units to survive closing: a. ‘Purchasers/Tenants are advised that due to the site layout, waste collection for the development will be provided through a private waste collector arranged by the Condominium Corporation and not Niagara Page 178 of 251 10 PBD-2020-28 April 2, 2020 Region.’” 29. That the owner file a Record of Site Condition (RSC) on the Ministry of t he Environment and Climate Change’s (MOECC) Brownfields Environmental Site Registry, in accordance with Ontario Regulation 153/04 as amended by Ontario Regulation 511/09, and that the owner provide a copy of the MOECC’s acknowledgement of the filing of the RSC to the Niagara Region. Notes: • Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. • Prior to final approval for registration, a copy of the 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 also be provided prior to registration. • The format for all plans, studies and reports required to be submitted to the Niagara Region to satisfy these conditions shall be two hard copies and a PDF digital copy. 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 3 (inclusive) - Legal Services for Conditions 4 and 5 - Transportation Services for Condition 6 - Parks Design for Conditions 7 to 9 (inclusive) - Municipal W orks Department for Conditions 10 to 19 (inclusive) - Fire Services for Conditions 20 to 22 (inclusive) - Bell Canada for Condition 23 - Enbridge Gas for Condition 24 - Canada Post for Conditions 25 to 27 (inclusive) - Regional Niagara Public Works Department for Conditions 28 and 29 Page 179 of 251 TS-2020-10 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2020-10 Garner Estates – Speed Control Review RECOMMENDATION That the following report be received for the information of Council. EXECUTIVE SUMMARY City Staff initiated a neighbourhood speed control review for the collector road system in Garner Estates. The study area specifically includes St. Michael Avenue, Parkside Road, McGarry Drive, and Forestview Boulevard. Traffic data was collected on all the aforementioned streets for four (4) consecutive days in August 2019. Traffic data was collected at multiple sections along each roadway, revealing that majority of operating speeds in the subdivision are within acceptable thresholds. Given the history of speeding complaints and requests for speed control devices in the Garner Estates subdivision, Staff concluded that it would be appropriate to give residents the opportunity to identify what they would like to see on their street and community. Questionnaires distributed to all residents directly residing on or flanking the streets involved in the study garnered a minority support for speed control devices. In lieu of a speeding problem not being observed, an absence of a collision problem, and community support below the simple majority, as per current policy, Staff concluded that no further action is required at this time. Staff will be undertaking a review of the City’s Neighbourhood Traffic Management Program during the spring of 2020 to ensure the program is still applicable and meeting the needs of the community. The current policy has been in place since its last revision in December 2010. This review will include an industry scan of best practices, review of comparator municipality’s policies, and input from Staff’s experiences while facilitating the program. Staff have been averaging 50+ speed control reviews per year and have significant experience managing the program. Page 180 of 251 2 TS-2020-10 April 2, 2020 BACKGROUND City Staff initiated a neighbourhood speed control review for the collector road system in the Garner Estates subdivision. The study area specifically includes sections of St. Michael Avenue, Parkside Road, McGarry Drive, and Forestview Boulevard. An illustration of the study area is provided as an attachment following the report. All four (4) roadways involved in the study area are classified as residential collector roads that consist of urban cross-sections and posted speed limits of 50 km/h. Both St. Michael Avenue and Parkside Road are two-lane, two-way roadways that extend north-south from McLeod Road to Forestview Boulevard, within the study area, respectively. Both McGarry Drive and Forestview Boulevard are two-lane, two-way roadways that extend east-west from Garner Road to Kalar Road, however, the sections of both roadways involved in the study area specifically includes Garner Road to St. Michael Avenue and Parkside Road to Kalar Road, respectively. The two middle sections of Forestview Boulevard and McGarry Drive were studied separately. City Council approved a speed control project for Forestview Boulevard between Parkside Road and St. Michael Avenue in June 2019, with construction to occur in late Spring/early Summer 2020. In addition, Staff carried out a review for McGarry Drive between Parkside Road and St. Michael Avenue that began in June 2019 and this road segment has met both the technical requirements and community support. A public meeting for McGarry Drive residents is planned for Spring 2020. City Staff has made the construction of speed control devices a condition of subdivision approval for various phases of the Garner Estates subdivision, north of the hydro corridor per Council’s direction. This direction was not in place when the roads south of the hydro corridor were constructed. Devices are in place on Parkside Road (2 speed humps), Forestview Boulevard at St. Michael Avenue (traffic circle), St. Michael Avenue and Parkside Road (centre median through the hydro corridor), and Angie Drive (4 speed cushions). ANALYSIS/RATIONALE The purpose of the City’s Neighbourhood Traffic Management Program and Policy is to provide guidelines for initiating, reviewing and implementing the speed control program. Residents that directly abut a roadway where speeding problems exist should be able to have a forum to participate in providing input on solutions for their street. As such, the policy also outlines the mandatory neighbourhood support needed for approving speed control installation and provides a procedure for public input. This policy will help to ensure that speed control measures are installed only in appropriate locations where they will increase safety levels and livability in the City of Niagara Falls and provide the most benefit. This process is summarized in the graphic below: Important to note: that at least 51 percent (a simple majority) of the households must be in support of installing speed control. Residents who do not provide a response, or have Page 181 of 251 3 TS-2020-10 April 2, 2020 no opinion on the matter (for or against) will be noted as opposed. Installing speed control measures in a community can be met by resistance from residents, thus community support and involvement are important for increasing awareness of speed humps and creating an atmosphere of acceptance and ownership. Speed studies were carried out over four (4) consecutive days in August 2019, on multiple sections of each roadway within the study area. Staff considers a speeding problem when the operating speed exceeds the speed limit where there is at least one pedestrian generator, such as a school or a community park abutting the road. In the absence of a pedestrian generator, the operating speed would need to exceed the posted speed by 10 km/h or more. Given the foregoing, a speeding problem was observed on one (1) of the study roadways, which occurred on Forestview Boulevard, between Garner Road and St. Michael Avenue, and also between Parkside Road and Kalar Road. A speeding problem was not observed on the remaining three (3) study roadways, therefore, the speed threshold component of the traffic calming policy was only fulfilled on Forestview Boulevard. Given the history of requests for speed control devices in the Garner Estates subdivision, Staff concluded that it would be appropriate to give the residents the opportunity to identify what they would like to see on their street and community. Staff hand-delivered a questionnaire to all the residents directly residing on or flanking the streets involved in the study area asking for their input and preference for speed control devices. The warranting Page 182 of 251 4 TS-2020-10 April 2, 2020 criteria for residential support was considered on each study roadway as a whole and by block in order to determine if there was a localized preference for the installation of traffic calming devices. As per City policy, a simple majority (51%) of residents must support the installation of traffic calming for the project to proceed. Overall, three-hundred and sixty-five (365) questionnaires were delivered within the study area. The results of the residential support portion concluded that a simple majority was not obtained neither as a whole nor by block on any of the four (4) study roadways. Staff reviewed the collision history for the neighbourhood and noted that a collision problem does not exist. In accordance with the Neighbourhood Speed Control Policy, a speeding problem and community support were not fulfilled for any of the study roadways either as a whole or by a block by block segment. Staff concluded that no further action is required at this time. For the locations with identified speeding problems, enforcement by Niagara Regional Police will be requested by Staff. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial, staffing, or legal implications with Staff’s recommendation. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study Area drawing Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 183 of 251 TS-2020-10 Garner Estates Speed Control Review Garner Estates Subdivision Sections of Road Included In the Study Area Sections of Road Studied Separately (T/C Policy) Existing Speed Control Devices Forestview Blvd. McGarry Dr.St. Michael Ave.Speed Cushions Speed Cushions Centre Medians Traffic Circle Angie Dr.Page 184 of 251 TS-2020-10 Garner Estates Speed Control Review Garner Estates Subdivision Sections of Road Included In the Study Area Sections of Road Studied Separately (T/C Policy) Existing Speed Control Devices Forestview Blvd. McGarry Dr.St. Michael Ave.Speed Cushions Speed Cushions Centre Medians Traffic Circle Angie Dr.Page 185 of 251 TS-2020-13 April 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2020-13 Morrison Street at Optimist Square / Adam’s Centre Traffic Signal Update RECOMMENDATION That the following report be received for the information of Council. EXECUTIVE SUMMARY The intersection of Morrison Street at Optimist Square / Adam’s Centre has been approved for the installation of traffic control signals in the Capital Budget. Based on standard timelines, the traffic control signals are scheduled to be constructed and operational by late-September 2020. Staff will endeavour to expedite these standard timelines where feasible and will focus on the subject intersection as a priority. Staffs understanding is the new Canadian Tire Store is scheduled for opening in April / May 2020. In anticipation of increased traffic volumes on Morrison Street Staff have reviewed interim measures that could be operational sooner than the traffic control signals. Consideration could be given to the installation of temporary traffic signals; however, there will be an additional cost to the project in the order of $60,000 to $75,000. BACKGROUND City Council at its meeting of March 3, 2020, requested an update related to the timelines for the installation of traffic control signals at the intersection of Morrison Street and Optimist Square / Adams Centre driveways, given the upcoming opening of the new Canada Tire Store on Morrison Street. Morrison Street adjacent to the shopping centres is four lanes wide and consists of a grass boulevard and a concrete sidewalk on each side. Morrison Street continues west and tapers to two lanes beyond the next Adam’s Centre driveway into the Optimist Page 186 of 251 2 TS-2020-13 April 2, 2020 subdivision. There is a transit stop on the north side of Morrison Street, east of the Optimist Square driveway. The Optimist Square has three driveways, one on Dorchester Road and two on Morrison Street. Two of the driveways currently have turn restrictions and geometric features only allowing for right-in and right-out movements. The subject driveway, which is the furthest west from Dorchester Road, allows for all movements. Additionally, the Adam’s Centre driveway is on the south side of Morrison Street, which is the main entrance to Zehrs Markets directly opposite of the subject driveway. These two driveways form a de-facto four-legged intersection with Morrison Street. ANALYSIS/RATIONALE Following Councils approval of the 2020 Capital Budgets, Staff have compiled five intersections approved for either new installation or rehabilitation, including the subject intersection, into a single project with the goal of obtaining reduced overall costs and efficiencies. Currently, topographic surveys are being undertaken for all approved locations to establish baseline geometric conditions. Subsequently, the following process must occur to facilitate the final construction and implementation of the traffic signal controls : Task Item Start End Duration 1 Base plans / Surveys January 2020 March 31, 2020 4-6 weeks from contract award. 2 Design April 1, 2020 April 30, 2020 4 weeks 3 Tender Preparation / Advertisement & Procurement May 1, 2020 August 7, 2020 12-14 weeks 4 Construction August 10, 2020 September 25, 2020 7 weeks 5 Inspection / Maintenance Period August 10, 2020 August 10, 2022 Inspection is ongoing during construction and maintenance period is 2 years post completion. Based on standard timelines the traffic signals could be constructed and operational by late-September 2020. Staff will endeavour to expedite these standard timelines where feasible and will focus on the subject intersection as a priority. Important to note, there are some items that could potentially delay/extend this date, such as:  The potential requirement for property to accommodate the signal plant; and/or  The potential requirement for a Right-of-Way agreement/easement to permit the Region/City to enter onto private property to maintain the signal plant (including detection). Page 187 of 251 3 TS-2020-13 April 2, 2020 Interim Measures Reviewed: Staffs understanding is the new Canadian Tire Store is scheduled for opening in April / May 2020. In anticipation of increased traffic volumes on Morrison Street following the stores opening, Staff have reviewed the following interim me asures: Interim Measure Implementation Time Costs Comment Temporary Traffic Signal Plant 4 weeks (pending design and utility locates) The estimated cost of installing a temporary signal plant would be in the order of $60,000 to $75,000. A temporary signal could be installed (wood poles, span wire, & overhead wiring) and remain during the construction period. This option will assign right-of-way to the various movements at this intersection, and facilitate the southbound left-turn movement from the Optimist Plaza. The results indicate this option will operate under acceptable operations. The costs for this option were not anticipated in the capital budget, therefore the existing budget will need to be increased accordingly. All Way Stop Not Recommended 2-4 weeks (pending utility locates) The estimated cost for installing the traffic signs and pavement markings is approximately $2,000. A temporary all-way stop can be installed until the traffic signals are constructed. This option will also assign right-of- way to the various movements. The results indicate that an all-way stop will operate worse than the temporary signals, with failing movements and delays noted in the westbound direction. Turn Restrictions (extending bollards on Morrison Street) Not Recommended 1 weeks The estimates cost for installing the traffic signs and bollards is approximately $1,000. Turn restrictions and bollards can be installed at the intersection of Morrison Street and the plaza entrances to reduce the number of conflict points, until the traffic signals are constructed. This would impact vehicles exiting the Optimist Plaza and proceeding north on Dorchester Road. Page 188 of 251 4 TS-2020-13 April 2, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of traffic control signals at the intersection of Morrison Street at Optimist Square / Adam’s Centre has been approved in the Capital Budget for $250,000. The estimated cost of installing a temporary signal plant at the subject intersection would be in the order of $60,000 to $75,000. The costs for this option were not anticipated in the preparation of the Capital Budget , therefore the existing budget will need to be increased accordingly. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Study area drawing. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 189 of 251 Proposed Inbound & Outbound Left Turn Restriction All Movements to be Permitted Adam’s Centre Optimist Square Study Location Niagara Falls Plaza Morrison Street at Optimist Square / Adam's Centre TS-2020-13 Page 190 of 251 Proposed Inbound & Outbound Left Turn Restriction All Movements to be Permitted Adam’s Centre Optimist Square Study Location Niagara Falls Plaza Morrison Street at Optimist Square / Adam's Centre TS-2020-13 Page 191 of 251 z_>m>=>xmm_o_,_>r3_._nmmmx<_nm E333:8mam:_<_moo:__oo:,_<_.o_z_..w».as 388:mo.88 man:Ex2:»: WasH195 O>OZwwmwawmay 330:8:932 Zwmmmwm35.OZSm8a Comm2:.?ag mm"_<_o:=o::m2...m1o_.n:..m_u..o<_:n_m_Oimwm.3zimmqmxmm_o: magmaQa:Q.m_mam.7\:Em8~om§E:o€w_E3;E5EocmwsmE.o<Eommanmmos?mimmsno8 mommaom0950:onmc?rolmommmmbamEaocmrEmm§mxwm=&\§§mmm§§~E3.Q.S.~ _u:§§.§maQm§Ow>V. 5msawmo?8mmmwm?2::mswouownmoaawmosow2%?mBwmm?on?mmmwmsmnobcbmnw$5 365.32.“:QxwmsnmuASEwmBwmo8miroamoEawozocasmwommoss?8osmoaoowing oaommu owHo<5Qm_ommasoomommooam o§E:o€m_Hméasmoaoanyad?owmnmam owvimcc2.3859;ommoonm o>:ommooam.aBE35omonmmaimomm3:386.»WQ2:80Bmwonmmum?om50:50 osmonnogn? Omwosoom25mo»mbomm<m:mEn.8oB»oHoaBoBwoamosm?SEQSomZQ.>wan” Oiasoemanna:mm33 mm:8ooBu€2::mbQdnmmnbomoaoa2:H?xmvadobe 0353maxcommonS2995m3235moooamwsoo99:33$500.00 £5.msoaon5&0madamm%%:2.Qsonmoaow o§:§mswwowmoswommodibmm955monoammbnoso._::@é.8o.oo 2%ms039B3095%m%%:8Qdmamosow m§<m__2.<<m<.2.88mmm__m_oz.Smca.E:8m.$T::.3___nam”_.mmm.m$.§_.<<<<<<.=_mumSuo_.8.8 3,2.Page 192 of 251 HvwmwN 2Hm8H_mo.mono HJH5OO<HU-Hem=§.8E2:m:H.H::..HLE5Hmsoé£5:.8H.3<Eomcooo?.8osmomooama H5HmoB5HBmma?smQ553.085955owoumoamSHHQGH.2.5wing. OO<HU-Ho§.§8a2:m:H.H.o1HE5 325%.8m§.§.wooPB.8PooH93.mma 33-m%-§& 53:3om$5mscmomH5sE3among8:5man35moan»:H=mS.E..:Hc=H55333- .E-u$w. mow%OCH.35339H35Ewe5oH:&:mm03:osmrmmm$5osdé:oaonmabowommoammmow H<HEoH_mo.88. H8:53ooanbmmao$5..»wax5555558owso=.ooBH.HHmbo585H5m.§§&cwH:o<E§m &§mo=.ommsmoammmavnEaosmr95HmmsmsoaowH.:5m.H45zwwm5Bm:5m<mmHmEo8mmmi? V55238303038:mH5zEHH5<womaEm:2.5:H5Hmo=wHmama?BEEH58aw. Eammomo50..H5m:m58ooimoe55aV5:H5<om&ao§_ncammosm.HSE832058WGOU V5:333$mm55sm?mw?35<5?HEBmwcmmob. mgoomoir mg:H<HmoOc:oor.2.0.3. 035%omH.255 was 5.:392.3.H<Hwv5_..ZmmmwawH..w=m om.W53.mxn9.&<oUH593.was$38mawnm Page 193 of 251 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 February 21, 2020 CL 3-2020, February 20, 2020 PEDC 2-2020, February 12, 2020 PDS 3-2020, February 12, 2020 LOCAL AREA MUNICIPALITIES NIAGARA PENINSULA CONSERVATION AUTHORITY SENT ELECTRONICALLY RE: Ecological Land Classification Mapping Update PDS 3-2020 Regional Council, at its meeting of February 20, 2020, approved the following recommendation of its Planning and Economic Development Committee: That Report PDS 3-2020, dated February 12, 2020, respecting Ecological Land Classification Mapping Update, BE RECEIVED and BE CIRCULATED to the Area Municipalities and the Niagara Peninsula Conservation Authority (NPCA). A copy of Report PDS 3-2020 is enclosed for your information. Yours truly, Ann-Marie Norio Regional Clerk :me CLK-C 2020-120 Page 194 of 251 PDS 3-2020 February 12, 2020 Page 1 Subject: Ecological Land Classification Mapping Update Report to: Planning and Economic Development Committee Report date: Wednesday, February 12, 2020 Recommendations 1. That Report PDS 3-2020 BE RECEIVED for information; and, 2. That Report PDS 3-2020 BE CIRCULATED to the Area Municipalities and the Niagara Peninsula Conservation Authority (NPCA). Key Facts  The purpose of this report is to provide additional details on a project to update the Region-wide Environmental Land Classification (ELC) mapping - which is being undertaken in support of the Natural Environment Work Program for the new Niagara Official Plan.  PDS 32-2019 (November 6, 2019) recommended that a new ELC mapping dataset was the preferred option as it would have a range of benefits associated with natural environment planning.  A work plan, in consultation with NPCA staff, has been prepared. A procurement process for consulting support is underway. It is expected that a consultant will be retained by March 1, 2020.  After a successful grant application, the project was approved for partial funding by the Greenbelt Foundation. Financial Considerations The ongoing costs associated with the Natural Environment Work Program, including the Environmental Land Classification (ELC) mapping, will be accommodated within the Council approved Regional Official Plan project budget. Analysis Ecological Land Classification (ELC) Methodology The ELC program was established as a comprehensive and consistent province -wide approach for ecosystem description, inventory, and interpretation. The industry- accepted ELC methodology is documented in the guide entitled “Ecological Land Page 195 of 251 PDS 3-2020 February 12, 2020 Page 2 ______________________________________________________________________ Classification for Southern Ontario”. ELC is a hierarchical and nested methodology that can be applied from scales ranging from province-wide to site-specific. The appropriate scale for Region-wide mapping and informing a Regional Official Plan is ‘community series’. ELC mapping is required to be completed by a certified ecologist or other practitioner. Background Starting in 2006, the NPCA, in coordination with the Region, local naturalist clubs, and area municipalities, initiated the “Natural Areas Inventory” (NAI) project. A major element of the project was the completion of comprehensive ELC ‘community-series’ level mapping of natural areas, which represented the first dataset of its kind for the entirety of the Region. The NAI ELC mapping was completed using 2006 aerial imagery. Field crew’s ground- truthed some natural areas where access was permitted by landowners. The ELC dataset was continuously refined through a QA/QC process by staff at the NPCA until 2012, when it was subsequently used as a data input for a follow-up natural heritage project. The NAI ELC dataset remains the most comprehensive data of its type for the extent of the Region, however, the information has decreased value and accuracy owing to the fact that it is approximately ten years old and does not consider landscape changes from recent developments and continued vegetation growth. An update is required to ensure that natural environment mapping to be included as part of the new Niagara Official Plan is accurate and reliable. Dataset Update The exiting ELC dataset will be updated using new 2018 aerial imagery and large-scale mapping specifications as prescribed by the Region. Vegetated areas will be identified and interpreted using a standard methodology, resulting in a polygon-based vegetated area inventory. ELC coding in then applied to each polygon in the GIS environment. Provincially identified wetland boundaries will be incorporated directly into the dataset to avoid duplications. The dataset will consider vegetated areas in both rural and urban area. A QA/QC program for the dataset has been included in the work plan. Field Verification Component The ELC methodology permits mapping to be completed at the ‘community-series’ level to be completed as a desktop exercise only. However it is the intention of this project to go beyond this minimum requirement and to include a field verification component. Page 196 of 251 PDS 3-2020 February 12, 2020 Page 3 ______________________________________________________________________ The goal of the field verification exercise is to ensure a higher degree of confidence in the data and will include representative sites across all 12 area municipalities. The field verification exercise will involve publically owned lands and areas viewable from public roads or other public locations. Regional and local planning staff will be invited to attend the field verification sessions. The purpose of this is to foster an education of the ELC methodology and to ensure a higher-level of confidence in the project. Local planning staff will be asked for input on the sites to be visited in their municipality to ensure local knowledge is being maximized. A report will be prepared documenting the field verification exercise. Project Funding In late 2019, planning staff submitted the ELC project to the Greenbelt Foundation for consideration under the Resilient Greenbelt funding stream. The application was made in partnership with the NPCA and was successful in attaining a $25,000 grant contribution to supplement the total cost of this project. The balance of the project is being completed under the Council approved budget and work plan for the new Niagara Official Plan. Alternatives Reviewed Council could choose not to receive or circulate this report. This is not recommended. Relationship to Council Strategic Priorities This report is being brought forward as part of the ongoing reporting on the new Niagara Official Plan. The Natural Environment Work Program aligns with Objective 3.2 Environmental Sustainability and Stewardship: “A holistic and flexible approach to environmental stewardship and consideration of the natural environment, such as in infrastructure, planning and development, aligned with a renewed Official Plan.” Other Pertinent Reports  PDS 40-2016 – Regional Official Plan Update  PDS 41-2017 – New Official Plan Structure and Framework  PDS 3-2018 – New Official Plan Update  PDS 6-2018 – Natural Environment Project Initiation Report  PDS 18-2018 – Natural Environment – Project Framework  PDS 9-2019 – New Official Plan Consultation Timeline Framework Page 197 of 251 PDS 3-2020 February 12, 2020 Page 4 ______________________________________________________________________  PDS 10-2019 – Update on Natural Environment Work Program – New Regional Official Plan  CWCD 122-2019 – Agricultural and Environmental Groups – Draft Stakeholder Lists  CWCD 150-2019 – Update on Official Plan Consultations – Spring 2019  CWCD 179-2019 – Notice of Public Information Centres – Natural Environment Work Program, New Regional Official Plan  CWCD 271-2019 – Update on Consultation for New Official Plan  PDS 32-2019 – Natural Environment Work Program – Phases 2 & 3: Mapping and Watershed Planning Discussion Papers and Comprehensive Background Study  PDS 1-2020 – New Niagara Official Plan – Public Consultation Summary ________________________________ Prepared by: Sean Norman, PMP, MCIP, RPP Senior Planner Planning and Development Services ________________________________ Recommended by: Rino Mostacci, MCIP, RPP Commissioner Planning and Development Services ________________________________ Submitted by: Ron Tripp, P.Eng. Acting, Chief Administrative Officer This report was prepared in consultation with Karen Costantini, Planning Analyst – Regional Official Plan, and reviewed by Erik Acs, MCIP, RPP, Manager, Community Planning, and Doug Giles, Director, Community and Long Range Planning. Page 198 of 251 Page 199 of 251 Page 200 of 251 JEFF BUNN Manager, Council & Committee Services & Deputy City Clerk Corporate Services Department Kitchener City Hall, 2nd Floor 200 King Street West, P.O. Box 1118 Kitchener, ON N2G 4G7 Phone: 519.741.2200 x 7278 Fax: 519.741.2705 jeff.bunn@kitchener.ca TTY: 519-741-2385 February 7, 2020 The Honourable Doug Ford, Premier of Ontario Premier’s Office, Room 281 Legislative Building, Queen’s Park Toronto ON M7A 1A1 Dear Premier Ford: This is to advise that City Council, at a meeting held on January 27, 2020, passed the following resolution regarding the Regional Government Review: “WHEREAS in 2018 the Ontario Government announced it would appoint two special advisors to review eight regional municipalities, Simcoe County, and their lower-tier municipalities to ensure that the upper and lower-tier municipalities in these geographic areas are efficient and accountable to their residents and business; and, WHEREAS in 2019 the Minister of Municipal Affairs and Housing received the complete report from the special advisors; and, WHEREAS in October 2019, the Minister announced the regional review was complete, and made available $143 million to municipalities to help them lower costs and improve services for local residents; and further, WHEREAS the Ontario Government has declined to make the final regional review report available to the public; THEREFORE BE IT RESOLVED that the Ontario Government be urged to release the final report to the public in order for municipalities to make informed decisions regarding service delivery improvements; BE IT FURTHER RESOLVED that if the Ontario Government does not wish to release the full and complete report, that specific recommendations and comments contained in the final report be provided to those municipalities affected; Page 201 of 251 BE IT FINALLY RESOLVED that this resolution be forwarded to the Honourable Premier of Ontario; Minister of Municipal Affairs and Housing; the Association of Municipalities of Ontario; the Local Members of Provincial Parliament; and, to the eight regional municipalities, Simcoe County, and their lower-tier municipalities included in the regional review.” Yours truly, J. Bunn Manager, Council & Committee Services/ Deputy City Clerk c. Honourable Steve Clark, Minister of Municipal Affairs and Housing Honourable Amy Fee, M.P.P. Honourable Catherine Fife, M.P.P. Honourable Belinda Karahalios, M.P.P. Honourable Mike Harris, M.P.P. Honourable Laura Mae Lindo, M.P.P. Monika Turner, Association of Municipalities of Ontario Kris Fletcher, Regional Clerk, Region of Waterloo Ashley Sage, Clerk, Township of North Dumfries Danielle Manton, City Clerk, City of Cambridge Dawn Mittelholtz, Director of Information and Legislative Services / Municipal Clerk, Township of Wilmot Grace Kosch, Clerk, Township of Wellesley Olga Smith, City Clerk, City of Waterloo Val Hummel, Director of Corporate Services/Clerk Township of Woolwich John Daly, Simcoe County Clerk/Director, Statutory Services Corporation of the County of Simcoe Kathy Pearl, Clerk, Township of Adjala-Tosorontio Rebecca Murphy, Director of Corporate Services/Town Solicitor/Clerk, Town of Bradford West Gwillimbury Pamela Fettes, Director, Legislative Services/Municipal Clerk, Clearview Township Sara Almas, Clerk, Town of Collingwood Lisa Lehr, Clerk, Township of Essa Lee Parkin, Town Clerk, Town of Innisfil Karen Desroches, Clerk, Town of Midland Cindy Maher, Clerk, Town of New Tecumseth Page 202 of 251 Janette Teeter, Supervisor, Clerk’s Services/Deputy Clerk, Township of Oro Medonte Stacey Cooper, Clerk/Deputy CAO, Town of Penetanguishene Cathy Wainman, Deputy Clerk, Township of Ramara Sharon Goerke, Clerk, Township of Severn Renee Ainsworth, Clerk, Township of Springwater Allison Grey, Clerk, Township of Tay Sue Walton, Director of Legislated Services/Clerk, Township of Tiny Dina Lundy, Clerk, Town of Wasaga Beach Page 203 of 251 March 4, 2020 Bill Matson, City Clerk Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario Canada L2E 6X5 Sent via email: bmatson@niagarafalls.ca Re: Graffiti Report Our File No: 35.60.69 Dear Mr. Matson, At its meeting held on February 10th, 2020, St. Catharines City Council approved the following motion: 1. That the City request that Niagara Regional Police increase their enforcement and vigilance 2. That the City request the Ministry of the Attorney General to consider more severe penalties with convicted perpetrators to deter further graffiti and that the Members of Provincial Parliament, Niagara Region Council, and all Niagara local area municipalities be copied on that request; There has been a recent spate of graffiti in the downtown on a number of different properties, and in some cases has returned after being cleaned up. Examples include the building at 30 Ontario Street, 39 Queen Street as well as the BMO location downtown, as well as several spots along St Paul Street among others. While the city continues to promote the downtown as a safe place to live and do business in, it becomes increasingly difficult to do so with this type of activity on the rise. The recent wins for our downtown, including the location of a major regional office for Accenture that has brought 500 more people into our downtown, further underlines the need to address this issue as more and more people come into the core at varying hours of the day—our concern is that if it continues, this could negate the very good and positive things that are happening here. If you have any questions, please contact the Government Relations Advisor at extension 1518. Page 204 of 251 Sincerely, Melissa Wenzler Government Relations Advisor cc. Niagara Regional Police Service Doug Downey, Attorney General of Ontario Jennie Stevens, MPP Jeff Burch, MPP Wayne Gates, MPP Sam Oosterhoff, MPP Niagara Region Council Town of Fort Erie Town of Grimsby Town of Lincoln City of Niagara Falls Town of Niagara-on-the-Lake Town of Pelham Town of Port Colborne Town of Thorold Town of Wainfleet Town of Welland Town of West Lincoln Page 205 of 251 0.22<<m__m:n_ _.mu_m_m:<mmmqiomm I.‘0382Em0.20_m:A .\mommm»_<_m_:mama:<<m__m:g_OZEm83 _u:o:m”mom-dm-:oomx...B8 _ _umx_8m-$m-§o m=_m=_o_m—_A®<<m__m:a.om _ <<<<<<.<<m__m:Q.om cz+>=_o,n>z>u> _<_m8:m.88_u=mZ0..3...mm mmza<_>m_<_>__. zrmmmnmmama: Am.:...9._mmmowaonx<<m< _u_O.woxSAN ._.:o_.oE_oz_.m<54 >:m::o:_>::._<_m:m22.9_»mm_o:m_O51» Umm:_<.m.>_._:._<_m1m22.9 mm“Ewan:..___~95I_\<mE:>2U0:.<OOQZOF >».5Bmmzso2_<_m8:9M89<<m__m:aO=<Oo::o__vmmmmgSm3__o<<_:m32.3 :._._._>._.._._._mooczo__.0.”._.Im0_._.<O1<<m_._.>zo39.3%Em»=6 z?nmqm33.0:3=_<¢m=mm.mmvomm=u_m_oom_<<m__m=Qmo_:=o=<<:m=.m..=cm <2...358.0..mmmmmo:m_0:.3:6no:uqocqma=3.oo:_o_wm_.<m=6 _.mmEm_.:m9.<<m__m:n_2:.mos»:z_mam_.m“mamE_.=.m.. ._._._>._.mno_o<9.EW3wo_::o:cmu_.o<EmanoEm3:2.moi:zmmmmwm 3::_n.um_=_mmman.no2.2%;_»mm_o:m_00:32.... <oEm=_.__<. nu/H\mFF_nVT.§<ok ._.m_.mm.mv:m:m 9.2052» $53 0.0.”_.oom_>8m_<_::_o:um_051$.wmi<_mm3m__ ?..§sasSE3.2.:3:33:.Page 206 of 251 Downtown Board of Management Queen Street BIA 4608 Queen Street Niagara Falls, ON L2E 2L6 905-356-5444 queenstreetniagarafalls.ca e-mail: info@queenstreetnigara.com _____________________________________________________________________________________ Downtown Business Improvement Area (Queen Street BIA) 2020 Budget HUMAN RESOURCES: $58,200. ADMINISTRATION: $29,900. OTHER: $15,500. CAPITAL: $18,000. BEAUTIFICATION/MAINTENANCE: $51,700. MARKETING: $21,300. EVENTS/SPONSORSHIPS: $32,000. TOTAL BUDGET: $226,600. Prepared by: Kellie Crossley Treasurer Downtown Board of Management Municipal Tax Levy Request - $210,000. (similar to previous year) Page 207 of 251 ‘5‘ >nn.:m03.1>n3_:_mn..mm<m03.3.. _ No:._.13. Z_vw»xu§zmm.o:5;mg.32man:<3.nomax:5daaa.oz_.~<.3 , 3%‘1._.o_mu_..o:m”§.£o.8oo._.o__.?mm”_.8o.~$.§_mmax”8m.$m.$$ :_umm..u..mm_o:.nu _umU_.:m2mm.Nome _<_m<o_.U_oqm: 92Ezwmoma_um__m 380.69.mama zmmmmqm_um__m.0:810.Emmxm Umm?_<_m<ow90%; O:mm_u83cm«3.M03.z_mnmB_»mo8:m_Oo::o__m_u_o3<maw328:813mz_m©m$E88:8 85EmOmsmamsOom_:_o:2_:o_:m_<m_<_::_o_um_:_mm.w<<<m<o?Umo_63::Q_ _ :m<mm:o_ommq8a <0:EmEco:Ema..o>o3.83>28:mac.wmmocwnmm8.85:6oom_=_o:oq_:o_:m_<¢ _<_::_o:ou_Emm._<<:_O:oS__:mm=6mam:8oo33m:o_mn_o:mmag8mo:8_:m8mcvno:Em_::_m:<m. 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Pmauve:Bmmmc?mm.8n:m__m:mm3332an=mn13:_m:o:Eau8_3o8a_<m_,m:<Eamn:m_ouno::::<3Em 3:820:mmn8_..man53:333;9"_mm3_:m Ho._u33o$«mmumnrczama?s?smmammuuqmnzéos1n:_.E$_233.2magEm3n_cm_o:152._:m_mam Sn..~mgno33::_:mm.30Son:_ES_mm_o1no3:m3:3n_um2.Page 213 of 251 1 Suzanne Anderson From:Suzanne Anderson Sent:Wednesday, March 11, 2020 11:52 AM To:Suzanne Anderson Subject:FW: Provincial Day of Action on Litter From: Minister, MECP (MECP) <Minister.MECP@ontario.ca> Sent: Wednesday, March 11, 2020 10:38 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Provincial Day of Action on Litter Attn: Municipal Council of the City of Niagara Falls Good morning Mayor Diodati, As you may know, the Provincial Day of Action on Litter Act, 2019 was proclaimed December 2019 and established the second Tuesday of May each year as the Provincial Day of Action on Litter. This year, we invite all of you to join the province in our first official Day of Action on May 12, 2020. We will be inviting everyone across the province to come together to clean up our communities and generate awareness on the impact of litter and waste. We see an important role for the City of Niagara Falls in making a difference in our communities. Meaningful action starts close to home, so we are looking for your help to encourage local community engagement and leadership in litter management. In the coming weeks, a communications toolkit will be provided to you, and a dedicated ontario.ca webpage will be made available to provide further details to the public. In the meantime, our ministry officials will be reaching out to discuss our vision and have prepared an information sheet below with more information. We look forward to working with you and the City of Niagara Falls. Thank you, Jeff Yurek Minister of the Environment, Conservation and Parks Andrea Khanjin Parliamentary Assistant to the Minister of the Environment, Conservation and Parks Provincial Day of Action on Litter Information Sheet: Municipal Participation Page 214 of 251 2 About the Day of Action on Litter: Ontarians generate nearly a tonne of waste per person every year. It is estimated that almost 10,000 tonnes of plastic debris enter the Great Lakes annually. We all have a role to play in keeping our neighbourhoods, parks and waterways clean and free of litter. Our vision is to work together across the province to contribute to a clean and beautiful province by preventing, reducing, diverting and acting on waste during the Provincial Day of Action on Litter. This year, on May 12th, we want to inspire all Ontarians to take action and ownership over the waste created, to contribute to a cleaner, greener Ontario for today and for future generations. We are seeking municipality participation by: organizing a municipal-led cleanup event. identifying a pick-up location for your community members to obtain cleanup supplies. providing permits as needed to the public who want to do their own cleanup. identifying drop-off locations for collected litter. Other ways municipalities can participate: promote through your social media accounts post cleanups on your website and events calendar advertise on community centre digital screens post information on library boards The Ministry of the Environment, Conservation and Parks will be reaching out to discuss these opportunities further. Please complete this form by March 20, 2020 to identify a contact in your municipality that ministry staff can connect with regarding the Day of Action on Litter. We look forward to working with you and we will be reaching out very soon. If you have any questions, please reach out to ActONLitter@ontario.ca or Tea Pesheva at (289) 962- 3912. Page 215 of 251 Stop The Great Lakes Nuclear Dump info@stopthegreatlakesnucleardump.com March 6, 2020 Via Email Mayor Jim Diodati City of Niagara Falls 4310 Queen Street P.O. 1023 Niagara Falls, Ontario Canada L2E 6X5 Dear Mayor Diodati, Re: Proposed OPG Nuclear Waste Repository in Kincardine Ontario I am writing to share some fantastic news ---- following years of opposition from Great Lakes communities, environmental groups, first nations and tribes and lawmakers in Canada and the US, Ontario Power Generation (OPG) has abandoned its plan to build a nuclear waste repository on the Kincardine site, 1 mile from the shore of Lake Huron. OPG’s decision followed the January 31, 2020 vote by the Saugeen Ojibway Nation (SON) that overwhelmingly rejected OPG’s plan to bury radioactive nuclear waste in SON territory right beside the drinking water of 40 million people. Thank you for standing up for the protection of the Great Lakes and for being part of this important victory. The City of Niagara Falls showed great leadership in passing a resolution on March 3, 2014 opposing OPG’s nuclear waste repository and in being one of 104 signatories to a joint letter to Canada’s Federal Minister of Environment and Climate Change. You helped to raise awareness of the danger and irresponsibility of OPG’s plan and you were part of an international opposition effort that undoubtedly lent vital support to SON on the eve of its momentous ‘NO’ vote. With OPG now committing to investigate an alternate site for its low and intermediate nuclear waste, the need for vigilance remains. AND, there is a new threat on the horizon----the municipality of South Bruce, about 18 miles from the shore of Lake Huron, is one of 2 communities being considered by the Nuclear Waste Management Organization (NWNO) for a nuclear waste repository that would house all of Canada’s high level nuclear waste. We will continue to keep you appraised of this new threat as it unfolds. Very best regards, Frank Fernandez Stop The Great Lakes Nuclear Dump Stop The Great Lakes Nuclear Dump Inc. is a non-profit organization comprised of concerned Canadians who believe that the protection of the Great Lakes from buried radioactive nuclear waste is responsible stewardship, and is of national and international importance. The Great Lakes were created by an ice age 12,000 years ago. The Egyptian pyramids were created 4,500 years ago. Some nuclear waste remains radioactive for 100,000 years. The Great Lakes constitute 21% of the world’s fresh water. The Great Lakes are the water source supporting 40 million people in 2 countries. An underground nuclear waste dump right beside the Great Lakes defies common sense. Page 216 of 251 Honorable Jim Diodati Mayor The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, ON L2E 6X5 March 9, 2020 Request for Proclamation Dear Mayor Diodati On behalf of the Ontario Rett Syndrome Association (O.R.S.A), and the diagnosed individuals living in the City of Niagara Falls, I am writing to request your proclamation of the month of October as Rett Syndrome Awareness Month. Rett Syndrome is a rare neurodevelopment condition that affects mainly females (1 in 10,000 births) and is caused by a mutation in the X chromosome. Individuals with Rett syndrome will lose some if not most acquired skills including speech, and gross and fine motor skills. Some never develop the ability to walk or even talk. O.R.S.A. exists to ensure that children and adults with Rett syndrome are enabled to achieve their full potential and enjoy the highest quality of life within their community. This observance gives us a means to focus attention in making it possible for O.R.S.A. to continue public awareness and advocacy, provide parent/family support, operate the Resource Centre, fund research projects through the Hope Fund, host conferences, maintain the Canadian Rett Syndrome Registry, and fund three Rett syndrome clinics in Ontario that provide medical assistance. If you need anything further, please don’t hesitate to contact me by email: smiguel@rett.ca or phone at 519-474-6877. Thank you for taking the time to consider recognizing and supporting O.R.S.A. as we strive to build “healthy tomorrows” for all Canadians living with Rett syndrome. Sincerely, Steve Miguel Marketing Commitee Ontario Rett Syndrome Association Page 217 of 251 It is the Ontario Rett Syndrome Association’s desire to have the following proclamation considered. PROCLAMATION October as Rett Syndrome Awareness Month WHEREAS Rett Syndrome is a rare neurological condition that is rarely seen in males but is seen almost exclusively in females and is believed to occur in 1:10,000 female births. Parents believe they have a healthy child and the symptoms do not appear until a regression between six to eighteen months of age; AND WHEREAS throughout their lives these courageous children will need total care and constant support from their family; they will combat many medical challenges. They may have seizures, osteoporosis, scoliosis, breath holding, hyperventilation, nutritional problems and so much more. Apraxia, which is the inability to motor plan, is one of the most challenging aspects of Rett Syndrome along with loss of speech; AND WHEREAS in 1999 it was discovered that Rett Syndrome is primarily caused by a sporadic mutation in the MECP2 gene on the X chromosome, and since this discovery there are many research projects taking place across Ontario and Canada; AND WHEREAS as there is no Canadian Rett Syndrome Association, the Ontario Rett Syndrome Association (O.R.S.A.) has members from many provinces across Canada and through donations and fundraising efforts. O.R.S.A. finances the Canadian Rett Syndrome Registry, has funded over $500,000 in Canadian Rett syndrome research projects, and financially supports the 3 Rett Clinics in Ontario, with one in Ottawa, Toronto and London. The Rett Syndrome clinics provide direct critical support to the families and their child on care and management issues. NOW THEREFORE, I, ________, Mayor of the _______, DO HEREBY PROCLAIM October 2020 as RETT SYNDROME AWARENESS MONTH in the _______. I urge all citizens to make an effort this month to learn more Rett Syndrome, fight stigma, light Canada purple and wear a purple ribbon to show support. Dated ______ Page 218 of 251 A Great City … For Generations To Come CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: William Matson, City Clerk Date: April 2, 2020 Re: Council’s Code of Conduct – Social Media The attached letter was received this week from a concerned citizen. She explains a situation involving her daughters out for a walk and how their picture was taken and shared on social media. But what concerned her the most was the behavior of some members of Council who participated in the on-line comments and conversation. As a result, I thought I would simply remind Council of some pertinent sections under the Council Code of Conduct. 3. CONDUCT OF MEMBERS A Member shall at all times conduct themselves with propriety, decency and respect and with the understanding that all members of the public, other Members and staff are to be treated with dignity, courtesy and empathy, recognizing that a Member is always a representative of the City and of their elected office. 13. HARASSMENT 13.1 No Member shall harass any other member, any staff, or any member of the public. 13.2 Any complaint of harassment involving a member shall be referred to the Integrity Commissioner and the complaint will be dealt with in accordance with Section 17 of this Code. “harassment” or “harass” involves engaging in a course of behaviour, comment or conduct, whether it occurs inside or outside the work environment, that is or ought reasonably to be known to be unwelcome. It includes but is not limited to any behaviour, conduct or comment by a Member that is directed at or is offensive to another person … which is reasonably perceived by the recipient as an intention to bully, embarrass, intimidate or ridicule the recipient. 15. SOCIAL MEDIA 15.1 A Member shall: (a) adhere to all City policies and guidelines, regarding social media use; and (b) always identify themselves without any attempt to cover, disguise or mislead as to their identity or status as an elected representative of the City when using social media. Page 219 of 251 A Great City … For Generations To Come 15.2 No Member shall: (a) use social media to publish anything, or allow anything to be published on their social media sites, that is dishonest, untrue, offensive, disrespectful, constitutes harassment, is defamatory or misleading in any way RECOMMENDATION: For the Information of Council. 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H555£88582,5cm558H8oH5H8oo5558555mo5558H58558SQoo55SHHo8.E8885omHHS5Hm 25o53855.8H88H5m558H585H55H5o55o5HB55585H585H8oH58HQHHoo85.Page 221 of 251 <<mRmwm?mooHmHnmm?sogmEH9.Aom9am8.0mm?p?mnovmumaxnaoiaHm~H®HHum:.H3,.QHGBH. ?aw<<®H.®<mQ8338m<oHmHBHUEOmaomm.HJHEHH<<m:W®Q.cw9&3HHHHHwm?émm a<aJAE:mHmSamoanman@5398mH5sHnH:.HH55coo:ESQH5030.?~H®H.02082,5mam €33HHEB.Q88m32$3m?manmum2,5B21:W03om:55OOBHDMmoédE903:.??5% HHHO<®Q.wémwW83HH5H.woHuHmmHuH§omoHmsm:63mmmoo:mm90%mm/2905.136%S08_.:mH533m 8mm;mon?axaaoioumm<<H¢HmoH5oHour90%mao52min8H55$9..mgommQmmmomca390:. mvqsm. Hmo:2H.mHHa<oSQoo::oHHHo~mmH5cEHum<<oHmEsmH:05mnmowmo<oamooHmH325“mm93 £5553H558mHmmgam?smma3SoooBBE:J>H83%8:HHbH5CDOooHBHuH.oHBHm0Qvmum 285:2mHHo€5%HawsmmooHmHm8P8HEEmmmswmob<<H§.o«HawowH.<<®H.w8..Emw. %H_mBHnH5:mowH553:5H:9%mHRm&\Eamon:mxcmmob. mHDoo8HHa ._.Page 222 of 251 _._.>zz_zo.wc__.o_zmw_um<m_:O_u_<=mz._. _:3_.-Um_om:3m:S__<_m_3o 499.._<_m..wo: o:<o_2x 30::_u¢mm<mo<_m >mm.w£::_u_m:=m_. mx».hump Ow»?_<_m..o_...3.88 mm”_~m_u_moEums;mnozsu=.m3am_.wnoEm_<_:Eo:om__._m_,=mmmOo33:$m Ucm8Em«moms»amm?smzosQ.m3m3_ow..9.Em_<_c3o_Um_Imz?mmoOo33_:mm.Em oo33_:mm_m<<_Eo§E:3m3vm?m:__o..25Oo33EmmWmac:2$_o_.mmm3mQw<m 3m:Em..2Oo::o__. _:oamqEm»EmOo33§mm<<o:_o_:m<mmE::._m3_,..m«w:__o _ <<o:_QE688oo33m:o_ 2,5:923m3_um«wm?mmvvoimq8E_+=_Emcmzmsom023m534:3:Emman.o?mom»._ <<o:_g___83_6oo33m:QUmimsmo:3m:__m_m:o_wnm_ommqoyzmo?mamammazm?ma u8vm:<ossmqmmEm:mm._o:._oc_uu_m?m<<m__-x:o<<:m3:mmo_om_m»magEmémmm oo:mm2m:o:_mH.._.:mmmE6_oom_qmmamim<<o:Ecasem<<mm_E9._So<<_mgmmmag mxumzmsom8EmOo33§mm._woEomEmmmzwwamim:m<m=§§8ms_:$6m?E _.o_:_:mEmOo33_:mm. kw mm? WE_m._.O_»</_<_::Im_._§nmoo33§mm/oo33Emaumqmzoo:mmuo:am:om,_»mu_mom3m32oo33_:mmSmaamaNomoaoox >0.630.2mowOosm?zozmdo023 Page 223 of 251 March 31, 2020 Mayor Jim Diodati & Members of City Council City of Niagara Falls 6310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati & Members of City Council, Re: Request for Lundy’s Lane BIA to be able to hold Electronic Board Meetings During this unprecedented time of extended mandatory social and physical distancing the Lundy’s Lane BIA is asking Council to make and approve the following motion: That the Lundy’s Lane BIA, and other BIA’s in Niagara Falls, be allowed to hold emergency electronic Board of Director Meetings during periods of mandatory social distancing. Currently, the LLBIA Constitution permits emergency voting via email. The only way for a BIA to amend their Constitution is at an Annual General Meeting which is not possible. Council’s permission for BIA’s to be able to hold electronic Board of Director Meetings would be greatly appreciated. Best Regards, David Jovanovic Tish DiBellonia Project Administrator, Chair, Lundy’s Lane BIA Lundy’s Lane BIA 905-401-8247 905-371-8579 Page 224 of 251 1 CONSTITUTION OF THE LUNDY’S LANE BUSINESS IMPROVEMENT AREA Approved August 14, 2014 Page 225 of 251 2 TABLE OF CONTENTS 1. NAME 2. HEAD OFFICE 3. MISSION STATEMENT 4. MEMBERSHIP 5. BOARD OF MANAGEMENT 5.1. Qualifications 5.2. Composition of the Board 5.3. Powers of the Board 5.4. Election to the Board 5.5. Term of Office 5.6. Vacancies or Additions 5.7. Committees 6. OFFICERS OF THE BOARD – DUTIES 6.1. Chair and Vice-Chair 6.2. Past Chair 6.3. Treasurer 6.4. Secretary 7. STAFF 7.1. Function 7.2. Remuneration 7.3. Temporary Staff 8. BOARD MEETINGS 8.1. Attendance 8.2. Quorum 8.3. Voting of the Board 8.4. Minutes 8.5. Location of Meetings 8.6. Frequency of Meetings 8.7. Dates, Time, Location of Meetings 9. GENERAL MEETINGS 9.1. Attendance 9.2. Quorum 9.3. Voting of Members 9.4. Minutes 9.5. Location of Meetings 9.6. Frequency of Meetings 10. RULES OF ORDER 11. FINANCIAL 11.1. Fiscal Year 11.2. Banking and Accounting 11.3. Budget 11.4. Financial Commitments and Obligations 11.5. Statements Page 226 of 251 3 11.6. BIA Levy 11.7. Books and Records 11.8. Annual Report 12. INFORMATION CIRCULAR 13. INSURANCE 14. ERRORS IN NOTICE 15. INTERPRETATIONS 16. CONSTITUTION CHANGES 17. RESERVE FUNDS 18. NOTICE OF PRESENTATION, ACCEPTANCE AND ADOPTION Page 227 of 251 4 1. NAME The Name of the organization is the Lundy’s Lane Business Improvement Area (hereinafter called the “Lundy’s Lane BIA”). The Business Improvement Area shall consist of all businesses located in the Lundy’s Lane BIA as shown in the City of Niagara Falls By-law No. 98-224. 2. HEAD OFFICE The Board of Management may maintain a head office within the Business Improvement Area. The address, hours of operation and telephone number will be regularly published for all Board members and BIA members. 3. MISSION STATEMENT “The Lundy’s Lane Business Improvement Area is an association that works together to create and promote a positive and prosperous business environment supporting a year round focus to benefit all businesses on Lundy’s Lane through marketing, beautification and events.” 4. MEMBERSHIP Membership shall consist of all property owners and businesses located in the Lundy’s Lane BIA as shown in the City of Niagara Falls By-law No. 98-224, Schedule “A”. A member shall mean any person who, on the last returned assessment roll, is assessed with respect to rateable property in the Lundy’s Lane BIA that is in a prescribed business property class. This would include tenants of assessed properties. All Members of the Lundy’s Lane BIA are entitled to voting privileges at the Annual General Membership Meeting, one vote per membership, with no proxies permitted. 5. BOARD OF MANAGEMENT 5.1. Qualifications The Board of Management is a body corporate that shall consist of fifteen (15) members appointed by Council, one of whom may be a member of Council and the remaining members shall be persons qualified to be elected who are owners of ratable property in the improvement area which is the prescribed business property class, or tenants of owners who have been identified to the City Clerk as being eligible for membership or their nominees. Should Council opt not to appoint a member of Council, an additional ‘at- large’ director’s seat would become available. Page 228 of 251 5 5.2. Composition of the Board The composition of the Board shall consist of fifteen (15) seats broken down as follows: Six (6) accommodation based property seats designated as: - Three (3) representatives from accommodation properties greater than 100 rooms - Two (2) representatives from accommodation properties less than 100 rooms - One (1) representative from Campgrounds Two (2) retail based property seats designated as: - One (1) representative from large retail properties greater than 100,000 square feet - One (1) representative from small retail properties less than 100,000 square feet Two (2) dining based property seats designated as: - Two (2) representatives from dining based properties One (1) service based property seats designated as: - One (1) representative from service based properties One (1) attraction based property seat designated as: - One (1) representative from an attraction based property Two (2) seats elected ‘at large’ from the remaining membership of the BIA One (1) member of city council. Should the above breakdown of Board Seats not be attainable in any particular category, additional ‘at large’ positions will be added to an overall maximum of fifteen (15) Board Seats. The Executive Committee shall consist of: The Chair, The Vice-Chair, The Secretary, The Treasurer Page 229 of 251 6 All elected Members of the Board shall hold office for four (4) years, concurrent with the City of Niagara Falls Council’s term of office or until their successors are duly elected, provided he/she continues to be qualified to be elected or appointed. 5.3 Powers of the Board The Board of Management shall undertake the improvement, beautification, and maintenance of municipally owned lands, buildings and structures in the area, beyond such improvement, beautification, and maintenance as is provided at the expense of the municipality at large, and shall promote the area as a business or shopping area. 5.4 Election to the Board Officers of the Board of Management are elected by their fellow BIA members at a General membership meeting. The Board of Management shall prepare a full slate of persons, which the Board has by vote decided to recommend to the Council as members for the succeeding term of the Board of Management. In the development of the nomination list, a conscientious attempt should be made to ensure fair geographical representation and total skill set of the board. The same criteria should be utilized when selecting ‘at-large’ directors. At the AGM, in addition to a nomination list, the Chair will also call for nominations from the floor three (3) times prior to the election. Nominations from the floor must be duly moved and seconded by a Member of the Lundy’s Lane BIA. Nominees must be present and willing to let their name stand. When all nominations have been received, the Chair will call for a motion to close the nominations. Should the number of nominations be equal to the number of vacant seats, the Chair having called for a motion from the floor to close the nominations will declare the Members as being acclaimed to the Board. Should the number of nominations be greater than the number of vacant seats, the LLBIA Project Administrator will proceed to carry out a vote by paper ballot with the names of all the nominees appearing on the ballot. Scrutineers for counting the paper ballots will consist of the Project Administrator for the Lundy’s Lane BIA and a Member who is not seeking a position on the Board. Owners of multiple properties within a BIA do not get multiple votes. Each member of an improvement area has one vote, as per Section 204(6) of the Act, regardless of the number of properties that the member may own or lease in the improvement area. Commercial property owners and tenants are entitled to vote at the AGM. No individual is entitled to more than one (1) vote. A corporate member of a BIA may nominate in writing one individual from their particular corporation to vote on behalf of the corporation at the AGM. Page 230 of 251 7 5.5 Term of Office Each member shall hold office until the end of the term of the Municipal Council that appointed them provided he/she continues to be qualified. Members of the Board of Management shall hold office until their successors are appointed and are eligible for reappointment on expiration of their term of office. 5.6 Vacancies or Additions Where a vacancy occurs from any cause, the Board of Management may appoint a person qualified who shall hold office for the remainder of the term for which his predecessor was appointed. This appointment to a position can only be filled at a General Membership Meeting following the same election process as described in paragraph #5.4. Newly elected Board Members must then be approved by City Council. 5.7 Committees Committees of the Board of Management are formed from time to time to deal with specific concerns. These committees are special purpose bodies and are chaired by a Board member or a Non-Board member appointed by the Board. They meet regularly at the discretion of the Chair and must report their activities to the Board of Management. Committees may be formed or dissolved at the discretion of the entire Board of Management. 6. OFFICERS OF THE BOARD - DUTIES 6.1 Chair and Vice-Chair The Chair and Vice-Chair shall be elected to the Board of Management from among its members at the first meeting of the Board after appointment of members to the Board by City Council. A member of the Board of Management may hold more than on office except for the office of Chair. The Chair shall preside at all meetings of the Board of Management and any meeting of the General Membership of the Business Improvement Area. The Chair is responsible for approving all Board expenditures and shall be considered the signing authority for all correspondence and recommendations from the Board to City Council. The Chair shall also prepare an agenda for all meetings of the Board. The Chair shall oversee the general management of the affairs and operations of the Board and the Business Improvement Area. Page 231 of 251 8 During the absence or the inability of the Chair, his duties and powers may be exercised by the Vice-Chair or such other member of the Board that the Board may appoint for that purpose. 6.2 Past Chair The immediate Past Chair shall sit as a non-voting ex officio member of the Board of Management. The Past Chair shall provide continuity and assist the Board as required. 6.3 Treasurer The Treasurer, or person performing the usual duties of the Treasurer, shall keep full and accurate accounts of all receipts and disbursements of the Board of Management in proper books of accounts and shall deposit all monies and valuable effects in the name of, and to the credit of, the Board of Management in accounts designated by the Board. He/she shall disburse the funds of the Board of Management under the Direction of the Board, and shall render to the Board of Management at the regular meeting thereof or whenever required, an account of all transactions as Treasurer. The Treasurer is authorized to act on behalf of the board for approving financial statements. The Treasurer will also perform such other duties as may from time to time be determined by the Board of Management. 6.4 Secretary The Secretary shall be an ex officio clerk of the Board and shall attend all meetings of the Board, special meetings and general meetings and record all facts and minutes of all proceedings in the books kept for that purpose. He/she shall give all notices required to the Board and general members. He/she shall be custodian of all books, papers, correspondence, contracts and other documents belonging to the Board of Management. . The staff function of the Board may encompass all duties of the Secretary. 7. STAFF 7.1 Function Any full-time staff member of the Board of Management shall report directly to the Chair of the Board. The staff function includes: duties of the Board Secretary; assisting Committee Chair to fulfill their mandate; keeping and updating all correspondence, records, files and books; to liaise with the general membership, City officials and outside organizations; and other duties at the discretion of the Board. Page 232 of 251 9 7.2 Remuneration Remuneration and additional benefits shall be negotiated annually as a budget element. Staff remuneration is paid from the Contingency Fund. 7.3 Temporary Staff Temporary and/or summer student staff may be hired to assist the full time staff as special projects and workload may require upon authorization of the Board of Management. Available government Hiring assistance programs may be utilized for the remuneration of temporary staff upon authorization of the Board of Management. 8. BOARD MEETINGS 8.1 Attendance Board Members shall attend all Board Meetings; if unable to attend, they will notify the Chair or Project Administrator prior to the Meeting. If a Board Member misses 3 consecutive meetings without cause and without advance notice to the Executive Director, the Board will be advised and a written notice will be forwarded to the director in question. Should attendance issues not be resolved, a vote will be taken by the Board on whether to remove the Member from the Board. Should there be a majority vote of the Board to remove the Member; the Member will be advised in writing that they have been removed from the Board. The Board will have the option of appointing the next candidate in line (based on the results of the most recent election) or appointing another Member to complete the displaced Members’ term. Should a vacancy occur on the Board due to resignation or other circumstance or situation, the Board will exercise the same options as above. Members may resign (in writing only); the resignation will be accepted by the Board to take effect upon the date or time requested. 8.2 Quorum A majority of Members of the Board of Management duly appointed by the council. 8.3 Voting of the Board Motions arising at any meeting of the Board of Management shall be decided by a majority of votes. In the case of an equality of votes, the Chair, in addition to his/her original vote, shall have a second or casting vote. All votes at any such meetings shall be taken by ballot as so demanded by any member of the Board of Management present, but if no demand is made, the vote shall be taken in the usual way by assent or dissent. Page 233 of 251 10 A declaration by the Chair that a resolution has been carried and an entry to that effect in the minutes shall be admissible in evidence as proof of the fact without proof of the number or proportion of the votes reported in favor of or against such resolution. 8.4 Minutes The Board shall keep proper minutes and records of every meeting of the Board and shall forward true copies of such minutes and records to all members of the Board, the City Clerk, the Chief Administrative Officer, and any other persons as determined by the Board as soon as possible after the meeting covered thereby. 8.5 Location of Meetings The Board of management shall hold all of its regular meetings at the City Hall or at such other place or places as the Board of Management may from time to time determine. In the event the Board of Management designates any other locations for a meeting, that location shall be made public so that all members can be advised of its location. 8.6 Frequency of Meetings Board of Management Meetings shall: Be at the call of the Chair, Have a minimum attendance of the Members of the Board to constitute a quorum for a meeting of the Board, Be open to any Member who may attend but not take part in any of the proceedings unless invited to do so by the Chair. May retire to a “Closed” (confidential) session to discuss personnel, financial, legal or property matters as per the provisions of the Act which governs municipal and local boards, At all meetings of the Board, every question shall be decided by a majority of votes cast on the question. In the case of a tie vote, the Chair will cast a second or tie-breaking vote. A vote by ballot will be taken on any matter, upon the request of a Member of the Board present. A declaration by the Chair that a resolution has been carried will be recorded in the minutes of the meeting without the specific number of votes recorded for or against the motion unless a recorded vote by a Member was requested prior to the vote being taken. In addition to Board Meetings being held at the call of the Chair, the Chair will have the authority to call an emergency vote on an item through the use of email. Should a Member of Page 234 of 251 11 the Board require further information and or the opportunity to discuss the item further at a Board meeting and not support a vote being taken in this manner, the Member will forward a request in writing to the Chair and request a formal Board Meeting to be called prior to a vote being taken. 8.7 Dates, Time, Location of Meetings The date, time and location of all Board & General Membership meetings will be arranged by, or in concert with the Project Administrator. Members will be given notification by email not less than three (3) business days or more of the Date, Time and Location of meetings. Cancellation of meetings at the discretion of the Chair will be communicated to the appropriate Members as soon as possible. 9. GENERAL MEETINGS 9.1 Attendance All Board Members and guests are welcome to attend general meetings. 9.2 Quorum At all general meetings every question shall be decided by a majority of the votes of the members present in person or represented by allowable proxy as outlined in paragraph 5.4. 9.3 Voting of Members Each BIA member shall be entitled to one vote on each question arising at any general meeting of the Board of Management. Corporations, partnerships, and other legal entities may vote through a duly authorized proxy as outlined in paragraph 5.4. Such need not himself/herself be a member, but before voting shall produce and deposit with the Secretary sufficient appointment in writing from his/her constituent(s). Every question shall be decided in the first instance by a show of hands unless a poll be demanded by any member. Upon a show of hands every member having voting rights shall have one vote, and unless a poll be demanded, a declaration by the Chair that a resolution has been carried or not carried and an entry to that effect in the minutes of the meetings shall be admissible as evidence as prima facie proof of the fact without proof of the number or proportion of the votes accorded in favor of or against such resolution. In the case of an equality of votes at any general meeting, whether upon a show of hands or at a poll, the chair shall be entitled to a second or casting vote. Page 235 of 251 12 9.4 Minutes The Board shall keep proper minutes and records of every general meeting and shall forward true copies of such minutes to all members of the Board of Management, the City Clerk, The Chief Administrative Officer and any other persons as determined by the Board. 9.5 Location of Meetings The Chair of the Board shall determine the location of general meetings. 9.6 Frequency of Meetings There is an annual general membership meeting in the spring of each calendar year for the purpose of adopting the yearly budget and reports of the previous year. Other meetings may be called periodically at the discretion of the Chair. Notice of such meeting is either sent to the general membership by prepaid mail, email or published in the local press at least fourteen (14) days prior to the date of the meeting. 10. RULES OF ORDER The Lundy’s Lane BIA shall adopt the rules of order for meetings contained in the Robert’s Rules of Order. 11. FINANCIAL 11.1 Fiscal Year The fiscal year for the Board of management shall be the calendar year from January 1st to December 31st. 11.2 Banking and Accounting The Board shall adopt and maintain only banking arrangements and only good accounting practices that are acceptable to the City Auditor and keep such books of account and submit such statements from time to time as the said City Auditor may require. The City Auditor shall be the Auditor of the Board and all books, documents, transactions, minutes and accounts of the Board shall at all times be open to his/her inspection. The signing officers for banking purposes shall be the Chair, Vice-Chair, Treasurer, and Secretary with signatures of any two required for chequing/withdrawal transactions. Page 236 of 251 13 11.3 Budget The Board shall formulate a budget and receive approval of same at an Annual General Meeting prior to the end of April of the calendar year. The Board shall submit to the Council an annual budget in a form and at time satisfactory to the City Treasurer and within the limits of the estimates as approved by Council. The money to be provided by Council shall be paid by the City Treasurer to the Board from time to time upon receipt of requisitions signed by the Chair thereof .. The Board of Management shall not extend any monies in excess of the estimates approved by the Council or in a reserve fund established under Sections 163 (Municipal Act, R.S.O. 1990). The Board of Management shall not borrow money and, without the prior approval of the Council, may not incur any indebtedness extending beyond the current year. 11.4 Financial Commitments and Obligations Any expenditure of $1000.00 or less that has not been identified and approved in the Annual Budget, must be forwarded to and receive approval from the Chair. Any expenditure of $1000.00 or more that has not been identified and approved in the Annual Budget, must be forwarded to and receive prior Board approval. Expenditures of $5,000.00 or more as outlined and approved in the Annual Budget, must obtain three (3) competitive written quotes prior to proceeding and be communicated to the Chair. The Project Administrator has the authority to purchase items approved in the Annual Budget up to and including $1,000.00 without receiving prior approval from the Chair. Expenditures made and / or committed to on behalf of the Lundy’s Lane BIA are restricted to the Chair, the Vice-Chair, the Secretary, the Treasurer, the Project Administrator and any other Staff or Board Member having received prior approval. 11.5 Statements The Board's Bookkeeper/Treasurer shall prepare monthly statements on the status of the Contingency Fund, which upon approval of the Board of Management are submitted to the City Treasurer for reimbursement. The City Treasurer shall prepare periodic statements of the Revenue and Expenditure for the central account of the Board administered by the City Treasurer. 11.6 BIA Levy Subject to maximum and minimum charges as the Council may specify by the by-law, the Council shall in each year levy a special charge upon ratable property in the area that Page 237 of 251 14 is in the prescribed business property class. The charge shall be sufficient to provide a sum equal to the sum of money provided for the purposes of the Board of Management for the area, together with interest thereon at such rate as is required to repay any interest payable by the municipality on the whole or any part of such sum. The levy shall be borne and paid by such persons in the areas in proportion that the assessed value of the real property that is used as the basis for computing the business assessment of each of such persons bears to the assessed value of all the real property in the area used as the basis for computing business assessment. Any charge imposed in the above manner may be collected in the same manner and with the same remedies as provided by the Municipal Act (R.S.O. 1990) for the collection of taxes upon business assessment. 11.7 BOOKS AND RECORDS The Board of Management shall see that all necessary books and records required by the by-laws of the Board of Management or by any applicable statute or law are regularly and properly kept. These records when not in use shall be filed in a suitable cabinet or drawer in the office of the Board of Management. They should be readily available for inspection by Board members, BIA members, and others on approval of the Board of Management. 11.8 ANNUAL REPORT On or before the first day of June in each year, the Board shall submit its annual report for the preceding year to Council, including a completed audited and certified financial statement of its affairs with balance sheet and revenue and expenditure statement. 12. INFORMATION CIRCULAR The staff of the Board of Management shall be responsible for transmitting, reporting, or otherwise advising all members of the Lundy's Lane BIA of the decisions of the Board of Management and any other information concerning the Board of Management and the BIA. Such information shall be in a written form as determined by the Board and shall be transmitted at such intervals and times, as the Board of Management shall determine. 13. INSURANCE The Board shall deposit and keep on deposit with the Chief Administrative Officer, insurance policies satisfactory in all respects to the Chief Administrative Officer indemnifying the Corporation against public liability and property damage in respect of the activities of the Board. Page 238 of 251 15 14. ERRORS IN NOTICE No error or omission in giving notice for any meeting of the Board of Management shall invalidate such meeting or invalidate or make void any proceedings taken or had at such meeting and any member of the Board of Management may at any time waive notice of any such meeting and may ratify and approve of any and/or all proceedings taken or had there at. 15. INTERPRETATIONS In this constitution and in all other amendments and additions hereafter passed unless the context requires words importing the singular number or the masculine gender shall include the plural number or the feminine gender as the case may be, and vice versa, and references to persons shall include firms and corporations. 16. CONSTITUTION CHANGES Any amendment(s) to this Constitution may be adopted by a simple majority of votes of the General Membership as outlined in Item 9.3 at a properly constituted General Membership Meeting, provided that written notice of the proposed amendment and date of such meeting is given to the General Membership. 17. RESERVE FUNDS Expenditure from the General Reserve Fund can only be made at a General Membership Meeting. 18. NOTICE OF PRESENTATION, ACCEPTANCE AND ADOPTION This is to certify that this Constitution was duly presented, accepted and adopted by the Membership of the Lundy’s Lane BIA on this 14th day of August, 2014. _______________________ Tish DiBellonia, Chair _______________________ Hilary Sitlani. Secretary Page 239 of 251 1 Heather Ruzylo To:Bill Matson Subject: Request to add to Agenda for City Council's Special Meeting on Thursday, April 2, 2020 at 1:30 p.m. -----Original Message----- From: info@queenstreetniagara.com <info@queenstreetniagara.com> Sent: Wednesday, April 1, 2020 2:18 PM Subject: Request to add to Agenda for City Council's Special Meeting on Thursday, April 2, 2020 at 1:30 p.m. Dear Bill, The Downtown Board of Management Queen Street BIA would like to request that the following item be added to your Agenda for tomorrow's Special Council Meeting: Request to Appoint Three New Board Members to the Downtown Board of Management Queen Street BIA Due to the ongoing crisis with COVID-19 the Downtown Board of Management Queen Street BIA had to cancel their BIA membership election that was scheduled for March 18, 2020. We had five candidates who were willing to run for the two board positions that were available due to board members resigning. In the meantime, a third person has closed their business on Queen Street effective March 31st and has also resigned. Therefore, we are now in the position of needing to replace three board members. As there is currently no way to determine how long this pandemic will continue or when we would be able to reschedule a new election, we would like to request that the BIA Board be allowed to recommend the following people to fill the three vacant board positions. We have conducted an e-vote of our current board members and the following were elected by our Queen Street BIA Board: David D'Angelo, Ryerson/Spark Niagara Eddy Pybus, Evoke Niagara Diane Sharkey, Law Clerk at McBurney, Durdan, Henderson & Corbett Thank you to Mayor Diodati and all the City Councillors who are working so tirelessly to provide direction and help to the City of Niagara Falls during this extremely difficult time. We are grateful for everything you are doing. We would appreciate if the above three individuals could be appointed by City Council to be the new board members for the Queen Street BIA. Thank you and respectfully yours, Ron Charbonneau, Queen Street BIA Chair. Page 240 of 251 2 Page 241 of 251 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to designate Lot 132, Plan 64, to be deemed not to be within a registered plan of subdivision (DB-2020-002). WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1930; AND WHEREAS to facilitate the legal merger of the said land with Part of Lot 131, Plan 64, the passing of a by-law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT S AS FOLLOWS: 1. Lot 132, Plan 64, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990. Read a First, Second and Third time; passed, signed and sealed in open Council this 2nd day of April, 2020. ................................................................. ........................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\DEEMING BY-LAW\DB-2020-002, Lot 132, Plan No. 64, South sid of Barker Street\Deeming By-law.docx Page 242 of 251 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to designate Lot 1, Plan 93, to be deemed not to be within a registered plan of subdivision (DB-2020-003). WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1949; AND WHEREAS to facilitate the legal merger of the said land with Part of Township Lot 160 and Part of Lot 2, Plan 93, the passing of a by-law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT S AS FOLLOWS: 1. Lot 1, Plan 93, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990. Read a First, Second and Third time; passed, signed and sealed in open Council this 2nd day of April, 2020. ................................................................. ........................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\DEEMING BY-LAW\DB-2020-002, Lot 132, Plan No. 64, South sid of Barker Street\Deeming By-law.docx Page 243 of 251 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. (Speed Limits on Highways – (Part 4 – 80km/h), Speed Limits on Highways – (Part 2 – 60km/h), (Parking Prohibited) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule W Part 4 thereto the following items: SPEED LIMITS ON HIGHWAYS – (PART 4 – 80KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Mewburn Rd. Mountain Rd. and the north City limit 80 Page 244 of 251 (b) by adding to the specified columns of Schedule W Part 2 thereto the following item: SPEED LIMITS ON HIGHWAYS – (PART 2 – 60KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Mewburn Rd. Mountain Rd. and the north City limit 60 PARKING PROHIBITED a) by removing from the specified columns of Schedule C thereto the following items: COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Third Ave. East A point 58 m south of Hamilton St. and a point 67 m south of Hamilton St. At All Times Except By Permit This By-law shall come into force when the appropriate signs are installed or removed. Passed this Second day of April 2020. .......................................................................... ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 2, 2020 Second Reading: April 2, 2020 Third Reading: April 2, 2020 Page 245 of 251 CITY OF NIAGARA FALLS By-law No. 2020-__ to amend By-law No. 2006-226 A by-law to amend the Historic Drummondville Community Improvement Plan Area adopted through By-law 2006-226. WHEREAS the Council of the Corporation of the City of Niagara Falls has designated the Historic Drummondville Community Improvement Plan Area under By-law No. 2006-226 passed pursuant to Section 28(2) of the Planning Act, on the 11th day of December, 2006. AND WHEREAS the recognition of the whole of an amalgamated parcel of land formerly consisting of 5510-5526 Ferry St, 5916 Allendale Avenue, 5536 Ferry St, and 5943 Stanley Ave is desired; AND WHEREAS such amendment would conform with the Official Plan of the City of Niagara Falls Planning Area; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the Schedule attached to and forming part of By-law 2006-226 is hereby deleted and replaced with Schedule “A” attached hereto. Read a First, Second and Third time; passed, signed and sealed in open Council this 2nd day of April, 2020. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 246 of 251 P e e r S t Orchard AvLewisAvRedmond HtF o r s y t h e S t Lundy'S Ln N or t h S t Ferry S t R o b i n s o n S tTemperance AvDrummond RdBuchanan AvD e l a w a r e S t S y m m e s S t La t sh awSt B uc hn erPl D i x o n S t McGrailAvRalph AvDawlish AvBanker AvHanan AvEmery St Pine Grove AvWentworth AvSummer St P e e r L n Fallsview BvM u r r a y S t Level AvFinlay AvCleveland AvK e r S t Bar ker St Desson AvPortage RdM a r a n d a S t C u l p S t Ross StTa yl o r S t Lowell AvMorse AvM o n r o e S t A s h S t Gladstone AvStanley AvGrey AvC o r w i n C r Sylvia PlM ain S t S pri ng St Allendale AvLocus AvEdward AvPr os p e ct S t Schedule A to By-law 2006-226 ¸ Print Date: 3/31/2020File Path: K:\GIS_Requests\2020\Schedule\Zoning\Bylaw_2006-226_updateCIP.mxd Historic Drummonville Community Improvement Project Area Page 247 of 251 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to permanently close part of Blackburn Parkway (Part 6 on 59R-16425). WHEREAS Subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a lower-tier municipality may pass by-laws respecting highways; WHEREAS Subsection 34(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the by-law closing the highway does not take effect until a certified copy is registered in the Land Registry Office; WHEREAS By-law No. 2003-02, as amended, provides that the Council of The Corporation of the City of Niagara Falls shall give notice to the public of the passage of a by-law by listing the passage of the by-law on the Council agenda at a Council meeting held prior to the Council meeting at which the by-law will be passed; WHEREAS Report L-2020-03 was listed on the Council Agenda for the Council Meeting held on March 3, 2020, thereby giving notice for the passage of the by-law; and WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That section 2 of By-law No. 2005-160, is repealed and replaced with the following: “That said Part 2 on Reference Plan 59R-12747 that is hereby established as a public highway, be known as and form part of Blackburn Parkway.” 2. That Part of Blackburn Parkway legally described as Part Township Lot 210 designated as Part 6 on Reference Plan 59R-16425, being part of PIN 64263-1134 (LT) is hereby stopped up and permanently closed. 3. The City Solicitor shall cause this by-law to be registered in the local Land Registry Office. 4. 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 second day of April, 2020. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 248 of 251 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule AB” and that Schedule “B” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council this 2nd day of April, 2020. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 249 of 251 SCHEDULE “B” 1. Municipal By-law Enforcement Officers: Paul Brown Tim Burshtein Tom Craig Ed Czban Robert Davis Mike Formica John Grubich Dave Rogers Philip Rudachuk Bart Skiba Brian Sparks Heather Stones Salvatore Valeo Dan Wilson In an effort to assist with enforcing emergency orders, a ministerial designation under the Provincial Offences Act was made to authorize the following personnel to enforce the Emergency Management and Civil Protection Act. for Park and Public Facilities Enforcement;  Ron Burley  Scott Jamieson  Troy McConnery  Carrie Luciow  Jeff Thompson  Jason Pirosko for Transit hubs / facilities and for all non-essential travel onboard buses;  Chris Russell  Wayne Hildebrandt  Pankaj Sachdeva  Melissa Lea  Jerry Latondress  Joe Corradi Page 250 of 251 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 2nd day of April, 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 2nd day of April 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 2nd day of April, 2020. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 251 of 251