Council-In-Committee Meeting Agenda

The Municipal Corporation of the Town of Fort Erie

Council-in-Committee Meeting Agenda

Tuesday, May 22, 2018 - 6:00 PM

Council Chambers Page

1. Call to Order

2. Roll Call

3. Announcements/Addenda

4. Disclosures of Pecuniary Interest

5. Notice of Upcoming Public Meetings

(a) Public Meeting

Re: Proposed Official Plan Amendment and Property Rezoning - 260-262 Gorham Road/3854 Disher Street - Monday, June 11, 2018 - 6:00 p.m. - Town Hall Council Chambers. The information report will be available on Wednesday, June 6, 2018.

(b) Public Meeting

Re: Zoning By-law Amendment - 1201 Ridge Road North - Monday, June 11, 2018 - 6:00 p.m. - Town Hall Council Chambers. The information report will be available on Wednesday, June 6, 2018.

Re: Zoning By-law Amendment - 396 Ridgeway Road - Monday, June 11, 2018 - 6:00 p.m. - Town Hall Council Chambers. The information report will be available on Wednesday, June 6, 2018.

6. Public Meetings

(a) Property Rezoning

Re: Climenhagas Garage Ltd. (Owner) (Alvin Learn) - Gil

Page 1 of 135 Council-in-Committee - 22 May 2018 Meeting Agenda Page Scholyar (Agent) - 275 Gorham Road. The applicant is proposing to rezone from Highway Commercial C3 Zone to a site specific Automotive Service Station C4 Zone that permits an eating establishment (restaurant) in addition to the already permitted uses, subject to the regulations of Section 23.3 of Zoning By-law No. 129-90, with site specific regulations. (Presented by: Daryl Vander Veen, Planning Technician)

(b) Community Improvement Plan (CIP)

Re: Southend-Riverwalk Core Area - Community Improvement Incentive Programs are proposed to be made available for Commercial Facade, Community Signage and Residential Creation/Intensification Projects (Presented by: Chris Millar, Neighbourhood Planner)

7. Planning and Development Services

7.1 Presentations and Delegations

7.2 Reports

7 - 33 PDS-30-2018 Proposed Zoning By-law Amendment - 275 Gorham Road - Petrogold - Gil Scholyar (Agent) - Alvin Learn (Owner)

Recommendation:

That: Council receives for information purposes Report No. PDS-30-2018 regarding a proposed amendment to the Town’s Comprehensive Zoning By-law No. 129-90 for 275 Gorham Road. PDS-30-2018 275 Gorham Road Zoning By-law Amendment Information Report

34 - 83 PDS-31-2018 Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) Information Report

Recommendation:

That: Council receives Report No. PDS-31-2018 for information purposes, and further

That: Council directs staff to prepare a report on the Downtown Southend-Riverwalk Core Area CIP with recommendations for Council’s consideration at a future Council-in-Committee

Page 2 of 135 Council-in-Committee - 22 May 2018 Meeting Agenda Page meeting, and further

That: Council directs staff to forward a copy of Report No. PDS- 31-2018 to Fort Erie Economic Development and Tourism Corporation, Regional Planning and Development Services Department and the Ministry of Municipal Affairs and Housing, for their information. PDS-31-2018 Southend-Riverwalk CIP - Information Report

7.3 New Business/Enquiries

84 7.4 Business Status Report PDS-BS May 22, 2018

8. Infrastructure Services

8.1 Presentations and Delegations

8.2 Reports

85 - 88 IS-13-1-2018 To Provide Council with Information from the Meeting with Beachcombers to Discuss their Request for a Subsidized Rental Rate from the Rate Recommended in Report No. IS-13-2018

Recommendation:

That: Council receives this report for information purposes. IS-13-1-2018 Stevensville Hall - Hrly Floor Rental Rate

89 - 91 IS-13-2018 Addition of an Hourly Floor Rental Rate at Stevensville Memorial Hall to the Consolidated Schedule of Fees and Charges (Postponed from the May 7, 2018 Council-in-Committee Meeting)

Recommendation:

That: Council approves an amendment of the Consolidated Schedule of Fees and Charges to the Fees and Charges By-law No. 40-09, as amended, to include an hourly rate for floor rentals at the Stevensville Memorial Hall of $14.00 per hour (indexed to inflation) with a 2 hour minimum rental. IS-13-2018 Stevensville Hall - Hrly Floor Rental Rate

92 - 97 IS-17-2018 Award of Tender for North Mill Street

Page 3 of 135 Council-in-Committee - 22 May 2018 Meeting Agenda Page Watermain Replacement - Contract No. ISE-18T-NMLL22

Recommendation:

That: Council accepts and approves the tender submission for the North Mill Street Watermain Replacement Project – Contract No. ISE-18T-NMLL22 from Vic Vatrt Contracting Ltd. in the amount of $833,738.58 (including 13% HST); and further

That: Council authorizes and approves an amendment to the 2018 Capital Budget to supplement the North Mill Street Watermain Replacement Project – Contract No. ISE-18T- NMLL22 by $241,000.00 from the Road Reserve ($127,000.00) and Storm Sewer Reserve ($114,000.00). IS-17-2018 North Mill Street WM - Tender Award

98 - 106 IS-18-2018 Fort Erie Accessible Specialized Transit Service (known as FAST) - Award of Service Agreement for the Provision, Maintenance and Operation of the Specialized Transit Service

Recommendation:

That: Council accepts and approves the submission from BTS Network Inc. for the provision, operation and maintenance of the Fort Erie Accessible Specialized Transit (known as FAST) in the amount of $1,742,799.00 (including 13% HST) for a five-year term (January 1, 2019 to December 31, 2023), and further

That: Council directs staff to prepare the necessary By-law and Agreement for execution by the Mayor and Clerk. IS-18-2018 FAST19 RFP - Award of FAST Service Contract

107 - 119 IS-19-2018 Winger Road Municipal Drain (Hydro Culverts) - Filing of Engineer's Report, as per Section 78 of the Ontario Drainage Act, R.S.O. 1990, C.D.17

Recommendation:

That: Council accepts the new Engineer’s Report for the Winger Road Municipal Drain (Hydro Culverts) for information purposes; and further

Page 4 of 135 Council-in-Committee - 22 May 2018 Meeting Agenda Page That: Council directs staff to continue with the legislative process in accordance with the Ontario Drainage Act and establish the date for the Court of Revision. IS-19-2018 Winger Road Drain (Hydro Culverts)

120 - 129 IS-20-2018 Award of Tender for BRIG17 and BRIG18 - Bridge and Culvert Repair and Replacement - Contract No. ISE-18T- BRIG17/BRIG18

Recommendation:

That: Council amend the 2018 Capital Budget to reallocate the Winger Road Bridge structure (S047B) construction costs and the Federal Gas Tax funding of $920,000 from BRIG17 to BRIG16 where the project engineering fees were initially budgeted and approved; and further

That: Council amend the 2018 Capital Budget to reallocate Holloway Bay Road Bridge structures (M344B and M345B) engineering costs and the Federal Gas Tax funding of $75,000 from BRIG18 to HWOT14 where the initial project costs were budgeted and approved. Of the $75,000 BRIG18 engineering budget, $35,000 will be allocated to HWOT14 engineering fees and $40,000 to HWOT14 construction fees; and further

That: Council accepts and approves the tender submission for the BRIG17 and BRIG18 - Bridge And Culvert Repair And Replacement - Contract No. ISE-18T-BRIG17/BRIG18 from C.R.L. Campbell Construction and Drainage Ltd in the amount of $449,711.35 (including 13% HST); and further

That: Council extends the Ellis Engineering Inc. assignment for contract administration and inspection services in the amount of $75,999.10 (including 13% HST). IS-20-2018 BRIG17&BRIG18 TENDER Award

130 - 132 IS-21-2018 Winter Control Comparison Expenditures 2017/2018

Recommendation:

That: Council receives the analysis of the 2017/2018 Winter Control costs as compared to the 2016/2017 Winter Control costs for information purposes. IS-21-2018 Winter Control Expenditures

Page 5 of 135 Council-in-Committee - 22 May 2018 Meeting Agenda Page

8.3 New Business/Enquiries

133 - 134 8.4 Business Status Report IS-BSR - 22MAY18

9. Corporate and Community Services

9.1 Presentations and Delegations

9.2 Reports

9.3 New Business/Enquiries

135 9.4 Business Status Report CS-COS-FES- BSR-May22

10. Scheduling of Meetings

11. Adjournment

Page 6 of 135 Planning and Development Services

Prepared for Council-in-Committee Report No. PDS-30-2018 Agenda Date May 22, 2018 File No. 350309-0431

Subject

PROPOSED ZONING BY-LAW AMENDMENT 275 GORHAM ROAD PETROGOLD - GIL SHCOLYAR (AGENT) ALVIN LEARN (OWNER)

Recommendation

THAT Council receives for information purposes Report No. PDS-30-2018 regarding a proposed amendment to the Town’s Comprehensive Zoning By-law No. 129-90 for 275 Gorham Road.

Relation to Council’s 2015-2018 Corporate Strategic Plan

Priority: A Prosperous and Growing Community

List of Stakeholders

Petrogold - Gil Shcolyar (Agent) Alvin Learn (Owner) Residents and Property Owners in the Town of Fort Erie

Prepared by: Submitted by: Approved by: Original Signed

Daryl Vander Veen Original Signed Original Signed Planning Technician

Reviewed by: Original Signed Richard F. Brady, MA, Kira Dolch, MCIP, RPP, CNU-A MCIP, RPP Associate Director, Planning & Director, Planning and Tom Kuchyt, C.E.T. Development Services Development Services Chief Administrative Officer

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Purpose

This report intends to provide background information to Council on a Zoning By-law amendment application for 275 Gorham Road. A Zoning By-law amendment application was submitted by Gil Shcolyar of Petrogold, who represents Alvin Learn, owner of the development. A location map showing the area affected by the amendment is attached as Appendix “1”.

The purpose of the application is to permit the conversion of the existing motor vehicle repair shop to an automotive service station, an associated retail store and a restaurant with a drive-thru. This application proposes to change the zoning of the subject property from Highway Commercial C3 Zone to a site specific Automotive Service Station C4 Zone that permits an Eating Establishment (restaurant) in addition to the already permitted uses of the C4 zone. The proposed zoning will also include several site specific regulations needed to implement the development plan for the property. These site specific regulations consist of reduction to the minimum front yard setback to a future underground fuel storage tank and reductions to planting strip widths along the periphery of the site. A site plan provided by the Agent illustrating the development plan for the property is attached as Appendix “2”.

The purpose of this report is to provide information on the proposed Zoning By-law amendment in support of the May 22, 2018 Public Meeting on the application. A recommendation report will be brought forward for Council’s consideration at a future Council-in-Committee meeting.

Nature of the Site

The subject property is located in the Ridgeway-Thunder neighbourhood on the west side of Gorham Road. The following summarizes the land uses surrounding the subject property:

North: The Friendship Trail and a supermarket. South: A small strip of vacant commercial land and an institutional building operated by the District School Board of Niagara. East: Gorham Road, the Fort Erie Friendship Trail and an existing commercial use with a gasoline bar, convenience store, propane refueling station and car wash bays. West: The limit of the urban boundary and vacant agricultural land.

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Planning Context

Provincial Policy Statement

Staff reviewed the Provincial Policy Statement in its entirety and found the following policies to be relevant to this Zoning By-law amendment application:

Section 1.1.1 a) Promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term. Section 1.1.1 e) Promoting cost effective development patterns and standards to minimize land consumption and servicing costs. Section 1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Section 1.1.3.2 a) Land use patterns within settlement areas shall be based on densities and a mix of land uses which are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion. Section 1.1.3.2 b) Land use patterns within settlement areas shall be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Section 1.2.3.3 Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public services facilities required to accommodate projected needs. Section 2.4.2.2 a) Known petroleum resources shall be identified and development and activities in these resources or on adjacent which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if the resource use would not be feasible. Section 2.6.2 Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved.

Staff note that this application is consistent with the vision for Ontario’s Land Use Planning System outlined in Part IV of the Provincial Policy Statement, namely to focus future growth and development within existing urban settlement areas and to promote efficient development patterns that optimize the use of land, resources and infrastructure.

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This proposal is consistent with the above policies as 275 Gorham Road is within the existing urban settlement area for Ridgeway-Thunder Bay/Crystal Beach. This proposal represents efficient use of urban land as it involves redevelopment of an existing commercial property in the urban area with full services, minimizing land consumption and servicing costs. The presence of nearby residential, commercial and institutional uses precludes use of the property for petroleum extraction. Similarly, archaeological considerations are not significant as this proposal involves redevelopment of a disturbed site and much of the property will be preserved as is.

Regional Policy Plan

The Regional Official Plan identifies the subject lands as Built-Up Area in the Urban Area Boundary of Fort Erie. The subject property is also within the Gateway Economic Zone under Section 3.A.1 of the Regional Official Plan. Staff considered the following policies in regard to this Zoning By-law amendment application:

Section 2.1 b) Development and efficient use of lands within the existing urban boundaries first. Objective 3.A.2.6 To promote the efficient use of infrastructure. Objective 3.A.2.8 To promote planned, orderly, efficient development of employment lands that balances development with natural heritage. Objective 3.A.2.11 To promote employment land intensification and brownfield redevelopment. Policy 3.A.3.2 Lands within the Gateway municipalities and within settlement areas shall also be a focus for employment land and development. Policy 3.1.3.10 b) Conversion or reuse of existing buildings into new employment uses. Policy 3.D.9 New commercial development or redevelopment should be assessed in relation to community character and be appropriately located to serve as part of the neighbourhood’s existing or proposed fabric. Objective 4.A.1.1 Direct the majority of growth and development to Niagara’s existing Urban Areas. Objective 4.A.1.2 Direct a significant portion of Niagara’s future growth to the Built-up Area through intensification. Objective 4.A.1.12 Direct growth in a manner that promotes the efficient use of existing municipal sewage and water services.

This Zoning By-law amendment meets the Regional objectives of directing development within the existing urban boundaries first to ensure efficient use of land and infrastructure. This proposal also meets the Regional objectives of encouraging intensification of existing occupied employment lands through conversion or reuse of existing buildings into new employment uses within the Niagara Gateway Economic Zone.

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Official Plan / Ridgeway-Thunder Bay Secondary Plan

Official Plan

275 Gorham Road is designated Commercial on Schedule A of the Town’s Official Plan. Section 4.9.2 of the Official Plan states that lands with General Commercial designation are intended for commercial uses, including automotive service stations, retail stores, and restaurants. The proposal to amend the zoning to facilitate construction of automotive service station, an associated retail store and a restaurant with a drive-thru is consistent with the land use policies of the Official Plan.

Schedule B of the Official Plan illustrates the subject property as being within a petroleum resource area. Section 7.3 of the Official Plan requires protection of petroleum resource operations (wells) as identified by the Ministry of Natural Resources and Forestry (MNR) by ensuring a minimum setback of 75 metres. Staff note that there are no active wells within 75 metres of the subject property as identified on MNR map data of petroleum resources.

Schedule C of the Official Plan identifies the subject property as being within an environmental corridor, the only natural heritage feature in the vicinity of the site. Section 8.3.4 of the Official Plan outlines policy in regards to environmental corridors. The corridor corresponds to the Friendship Trail, which abuts the subject property to the north. Staff note that this development will not affect the Friendship Trail itself and that a landscaped buffer is proposed along the northern edge of the property to help preserve the corridor.

Schedule D of the Official Plan identifies part of the subject property as being within an area of archaeological potential. In this instance, an archaeological assessment is not required as the site is already disturbed. Redevelopment proposed by this application will be confined to the already developed portion of the property.

Ridgeway-Thunder Bay Secondary Plan

The subject property is designated as Commercial on the RTB-2 Future Land Use Plan of the Ridgeway-Thunder Bay Secondary Plan. Lands with Commercial designation are subject to the regulations of Section 4.18.9. The subject property is also subject to the Gorham Commercial Gateway policies under Section 4.18.9.1.

Staff note that the Gorham Commercial Gateway area is recognized in the Secondary Plan as a more traditional highway commercial built environment that differs from the Core Mixed Use area of Downtown Ridgeway. Section 4.18.9.1 a) of the Secondary Plan states that contemporary auto-friendly commercial site designs and operations are to be directed to locate within the Gorham Commercial Gateway. This area is within the vicinity of the intersection of two Regional roads and offers opportunities to serve residents of the neighbourhood and commuter and visitor traffic to the Ridgeway- Thunder Bay and Crystal Beach neighbourhoods. This differs from the Core Mixed Use

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area of Downtown Ridgeway, where drive-thru operations are not permitted in order to preserve the character and pedestrian friendly nature of the historic downtown.

Section 4.18.9.1 b) allows site specific zoning to be utilized within the Gorham Commercial Gateway to resolve conflicts with existing zoning regulations for setbacks and landscape buffering. Furthermore, Section 4.18.9.1 c) allows drive-thru facilities in the Gorham Commercial Gateway provided there are no impacts on functional driveway and roadway operation. Staff note that the site plan demonstrates that there is enough space on the subject property to accommodate a drive-thru lane without impacting ingress or egress from the site.

Site design guidelines and landscaping as outlined in Section 4.18.9.1 j) vi through xviii and Section 4.18.14 g) and h) will be implemented through the site plan control process. Staff note that the amount of parking on the Agent’s site plan is sufficient for the proposed uses, and landscape buffers along the north, south and east lot lines are proposed.

Finally, the RTB-3 Open Space and Natural Heritage Plan identifies an environmental corridor in the vicinity of the subject property corresponding to the Friendship Trail. Section 4.18.12.4 c) of the Secondary Plan requires any proposals for new development to address how these routes could receive enhancement to assist in wildlife movement. Staff is satisfied that the landscaped area on the north side of the property is sufficient to enhance the environmental corridor provided existing vegetation between the property and Friendship Trail is protected.

Zoning By-law No. 129-90

The subject area is currently zoned Highway Commercial C3 Zone. The C3 zoning permits retail stores and restaurants but does not permit automotive service stations. Redevelopment of the site as an automotive service station therefore requires a Zoning By-law amendment to permit this land use.

This application proposes to change the zoning from Highway Commercial C3 zone to Automotive Service Station C4 zone as the primary use of the property will be an automotive service station. The C4 zone does not normally permit Eating Establishments (restaurants), so a site specific C4 zone is required to permit this additional use on 275 Gorham Road. In order to implement the Agent’s site plan, site specific zoning regulations are also required for the following:

• Minimum front yard setback - 7.70 m. • Planting strip widths adjacent to parking areas (Section 6.21): 2.10 m on the north side and 1.70 m on the east side. • Planting strip width adjacent to the outer edges of a drive-thru lane (Section 18.6): 1.50 m on the south side.

The draft proposed Zoning By-law for the subject property is included as Appendix “3”.

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Financial/Staffing Implications

All costs associated with processing the application and the development of the property is the responsibility of the owner.

Policies Affecting Proposal

Notice of the meeting was circulated in accordance with the Planning Act by placing an advertisement in the April 26, 2018 edition of the Fort Erie Post. In addition, all property owners within 120 metres of the subject lands were mailed a “Notice of Complete Application and Public Meeting” on April 26, 2018.

Land use policies for the subject lands are contained in the Town’s Ridgeway-Thunder- Bay Secondary Plan, the Town’s Official Plan, and applicable Regional and Provincial regulations.

Comments from Relevant Departments/Community and Corporate Partners

A request for comments regarding this Zoning By-law amendment was circulated to relevant Departments/Community and Corporate Partners on April 23, 2018. No objections have been submitted. Comments received to date are summarized below and are attached in full as Appendix “4”.

Agency Comments

Enbridge Gas Distribution

No objection.

Niagara Peninsula Conservation Authority (NPCA)

NPCA staff note that the subject property does not contain any NPCA-regulated areas. As such, the agency has no objection to the proposed Zoning By-law amendment.

Regional Municipality of Niagara (Niagara Region)

Niagara Region staff note that a preconsultation meeting was held on January 11, 2018 with respect to this application. Regional staff provided comments dated April 10, 2018 to the Town in regard to a site plan control agreement for the subject property. These comments noted that Niagara Region did not object to the proposed use of the property. Due to the limited scope of Regional and Provincial interests for this application, Niagara Region has no new additional comments and concludes their review of this Zoning By-law amendment.

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Staff Comments

Fort Erie Fire Department

No objection.

Public Comments

An informal public open house was held by a representative of the Agent and Town staff in the Town Hall Atrium on May 9, 2018 from 5:00 p.m. to 6:00 p.m. All property owners within 120 metres of the subject lands were notified of the informal public open house on April 24, 2018 via a notice mailed by the Agent. No members of the public attended the information open house.

An anonymous letter was received in opposition to the proposed Zoning By-law amendment on May 1, 2018. This letter is attached as Appendix “5”. The following summarizes the main points of the letter and offers the opinion of Planning staff in response.

Additional Gas Station in Ridgeway

The first point of the letter questions the need for an additional gas station in Ridgeway. Areas designated Commercial are intended for commercial development including automotive service stations. The proposal to change the zoning to permit a gas station at this location is consistent with the Town’s long term vision of concentrating automobile-orientated commercial development along arterial roads such as Gorham Road. Staff are of the opinion that this proposal is an appropriate use for the area.

A Restaurant Drive-Thru

The letter also questions the proposal for a restaurant with a drive-thru on the subject property. Staff note that the Core Mixed Use 4 CMU4 zoning of much of downtown Ridgeway prohibits drive-thrus in order to preserve the compact and more pedestrian- friendly nature of the historic downtown. From a land use perspective, 275 Gorham Road is an ideal location for a restaurant with a drive-thru as it fronts onto a major arterial road and is located in an area intended for auto-orientated commercial development. Staff note that the site plan demonstrates that there is enough space on the subject property to accommodate parking for the restaurant and sufficient vehicle stacking area for a drive-thru lane.

Traffic Impacts into Crystal Beach

The letter also notes traffic impacts to Crystal Beach resulting from new residential development. Impact on traffic resulting from this development is not expected to be significant as the proposal entails redevelopment and reuse of an existing commercial site that already has road access to Gorham Road. At the current time, staff have no

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indication that the proposed use will significantly increase traffic along Gorham Road. Gorham Road is an important arterial road that provides access to Ridgeway-Thunder Bay and Crystal Beach from Garrison Road/Highway 3, the QEW, and northern portions of the municipality including Stevensville and Douglastown-Black Creek. High vehicular traffic along Gorham Road is an existing situation and characteristic of a major arterial road.

Site Alteration on the Northwest Corner of Gorham Road & Highway 3

Staff note that a site plan application has been received for a proposed convenience store and gas bar on the property located on the northwest corner of Garrison Road/Highway 3 and Gorham Road. Design of this site and staff’s review of this site plan application is still in progress. This site is 2.3 km north of 275 Gorham Road.

Shell Gas Station Located at 260-262 Gorham Road

The existing Shell Gas Station located across the street from the subject property is also currently undergoing redevelopment. A site plan application and concurrent Zoning By-law amendment application are currently in progress to add an additional gas bar, renovate the existing convenience store, relocate the car wash and a propane refuelling station on site and add a restaurant with a drive-thru. The Zoning By-law amendment for this location will also be brought to Council for review via a future public meeting and information report.

Alternatives

N/A.

Communicating Results

There are no communication requirements at this time.

Conclusion

This report should be received for information purposes. Staff will prepare a recommendation report to Council on the proposed Zoning By-law Amendment that will be scheduled for a future Council-in-Committee meeting.

Attachments

Appendix “1”- Location Plan Appendix “2”- Site Plan Appendix “3”- Draft Proposed By-law Appendix “4”- Agency and Staff Comments Appendix “5”- Anonymous Letter Received from Resident in Opposition to Proposal

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The Municipal Corporation of the Town of Fort Erie By-law No. XX-2018

______Being a By-law to Amend Zoning By-law No. 129-90 275 Gorham Road Gil Shcolyar, Petrogold - Agent Alvin Learn – Owner 350309-0431

Whereas an application was received from Gil Shcolyar, Petrogold (Agent) on behalf of Alvin Learn (Owner) to amend the Town’s Comprehensive Zoning By-law No. 129-90 as amended, for the lands described as Concession 1 Lake Erie Part Lot 25; Bertie and

Whereas a Public Meeting pursuant to Section 34(12) of the Planning Act, R.S.O. 1990, c.P.13 was held on May 22, 2018, and

Whereas it is deemed desirable to amend the Comprehensive Zoning By-law No. 129-90 as amended, pursuant to the recommendations of Report No. PDS-XX-2018 considered at the Council-in-Committee meeting of XX XX, 2018 and subsequently authorized and approved by Council;

Now therefore the Municipal Council of The Corporation of the Town of Fort Erie enacts as follows:

1. That Schedule “A” of By-law No. 129-90 as amended, is further amended by changing the zoning of the lands as described above and shown on the attached Appendix “1” from “Highway Commercial (C3) Zone ” to “Automotive Service Station (C4-XX) Zone”.

2. That By-law No.129-90 as amended, is further amended by adding to “Section 23 – Automotive Service Station (C4) Zone” Subsection – “Exceptions to the Automotive Service Station (C4) Zone” the following exception:

“C4-XX (XX-2018) 275 Gorham Road

These lands are zoned “Automotive Service Station (C4-XX) Zone”, and all of the provisions of By-law No. 129-90 as amended that relate to lands zoned “Automotive Service Station (C4) Zone” by this by-law shall apply to those lands zoned “Automotive Service Station (C4- XX) Zone” shown as Part 1 on the attached Appendix “1” and shall be subject to the following provisions:

a) Notwithstanding the list of Permitted Uses in Section 23.2, the lands shown on Appendix “1” shall also be used for the following: • Eating establishment with a drive-thru

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By-law No. XX-2018 Page 2

b) Notwithstanding the Regulations for Automotive Service Stations and Motor Vehicle Repair Shops in Section 23.3, an automotive service station and underground fuel storage tank shall be subject to the following provisions: i. Minimum front yard – 7.7 metres

b) Notwithstanding the regulations of “Drive-Thru Lanes” in Section 18.6 (d), a landscaped strip having a minimum width of 1.5 metres shall be provided along the outer edge of the drive-thru facility for the length of the stacking lane along the southern lot line of the property.

c) Notwithstanding the regulations of “Landscaping and Planting Strips” in Section 6.21 (b), a landscaped strip having a minimum width of 1.7 metres shall be provided along the western lot line and a landscaped strip having a minimum width of 2.1 metres shall be provided along the northern lot line.

3. That the Clerk of the Town 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 and finally passed this XX day of XX, 2018.

Mayor

Clerk

I, Carol Schofield, Clerk, of The Corporation of the Town of Fort Erie certifies the foregoing to be a true copy of By-law No. XX-2018 of the said Town. Given under my hand and the seal of the said Corporation, this day of , 20

______

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350309-0431 - 275 Gorham Road Municipal Planning to: [email protected] 04/30/2018 08:51 AM 1 attachment

350309-0431 - 275 Gorham Road.pdf

Please find attached Enbridge Gas Distribution’s comments.

Please continue to forward all municipal circulations and clearance letter requests electronically to [email protected].

Alice Coleman Municipal Planning Coordinator Long Range Distribution Planning

ENBRIDGE GAS DISTRIBUTION TEL: 416‐495‐5386 500 Consumers Road, North York, Ontario M2J 1P8

Enbridgegas.com Integrity. Safety. Respect.

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Enbridge Gas Distribution 500 Consumers Road North York, Ontario M2J 1P8 Canada

April 30, 2018

Daryl Vander Veen, BES Planning Technician Town of Fort Erie Planning & Development Services 1 Municipal Centre Drive Fort Erie, ON L2A 2S6

Dear Daryl,

Re: Zoning By-law Amendment 275 Gorham Road Town of Fort Erie File No.: 350309-0431

Enbridge Gas Distribution does not object to the proposed application(s).

Enbridge Gas Distribution reserves the right to amend or remove development conditions.

Sincerely,

Alice Coleman Municipal Planning Coordinator Long Range Distribution Planning — ENBRIDGE GAS DISTRIBUTION TEL: 416-495-5386 [email protected] 500 Consumers Rd, North York, ON, M2J 1P8

enbridgegas.com Integrity. Safety. Respect.

AC/jh

Proposed Zoning By-law Amendment - 275 Gorham Road - Petrogold - Gil Sch... Page 22 of 135 APPENDIX "4" TO ADMINISTRATIVE REPORT PDS-30-2018 DATED MAY 22, 2018

RE: Request for Comments - Application for Zoning By -law Amendment (275 Gorham Road, file no. 350309-0431) Cara Lampman to: Daryl Vander Veen 04/23/2018 03:49 PM History: This message has been replied to. 1 attachment

275 Gorham Road, Fort Erie.pdf

Hello Daryl, I have reviewed the NPCA mapping of the parcel in question and note it does not contain any NPCA Regulated Area. As such, the NPCA has no objection to the proposed ZBA. Let me know if you have any questions or concerns.

Cara Lampman Watershed Planner Niagara Peninsula Conservation Authority (NPCA) rd 250 Thorold Road West, 3 Floor | Welland, ON L3C 3W2 Tel: 905-788-3135 | extension 272 [email protected] www.npca.ca

From: Daryl Vander Veen [mailto:[email protected]] Sent: Monday, April 23, 2018 3:31 PM Subject: Request for Comments ‐ Application for Zoning By‐law Amendment (275 Gorham Road, file no. 350309‐0431)

Good afternoon,

A Zoning By-law Amendment application was received for 275 Gorham Road in Fort Erie.

The subject property is within the urban boundary and is designated Commercial in the Town’s Ridgeway-Thunder Bay Secondary Plan. The subject lands are presently zoned Highway Commercial C3 Zone in accordance with the Town’s Comprehensive Zoning By-law No. 129-90. This Zoning By-law Amendment application proposes to change the zoning to a site specific Automotive Service Station C4-XX zone that permits an Eating Establishment (restaurant) in addition to the already permitted uses, subject to the regulations of Section 23.3, with site specific regulations for the following:

- Minimum front yard setback - 7.70 m - Planting strip widths adjacent to parking areas and drive-thru (Section 6.21): 0.84 m on the north side, 1.50 m on the south side, and 1.70 m on the east side

In order for the Planning and Development Services Department to properly assess the application and prepare our report to Town Council, we would appreciate your comments as they pertain to the scope and jurisdiction of your department or agency in the form of an email or letter. If we do not receive your comments or a request for an extension, staff may interpret this as your approval of the applications as submitted. We would request any comments you have on this application within 20 days (i.e. not later than Sunday, May 13, 2017).

Proposed Zoning By-law Amendment - 275 Gorham Road - Petrogold - Gil Sch... Page 23 of 135 Proposed Zoning By-law Amendment - 275 Gorham Road Petrogold Gil Sch... APPENDIX "4" TO ADMINISTRATIVE REPORT PDS-30-2018 DATED MAY 22, 2018 275 Gorham Road, Fort Erie Watershed Manager

Legend

Corporate Watershed Divide NPCA NPCA APPROXIMATE REGULATION LANDS Ontario Road Network Major Highways

Arterial Roads

Local Roads Assessment Parcels 2K HydroPoly 2K Hydrography AIRPORTS Campsites SWOOP_2015 Red: Band_1

Green: Band_2

Blue: Band_3 Page 24 of 135

April 23, 2018

1: 1,000 Notes

50.8 0 25.40 50.8 Meters This map is for illustrative purposes only. Information contained hereon is not intended to constitute advice, is not a substitute for professional review or a site survey, and is subject to change without notice. The NPCA takes NAD_1983_UTM_Zone_17N no responsibility for, nor guarantees, the accuracy of the information contained on this map. Any interpretations or conclusions drawn from this map are the sole responsibility of the user. THIS IS NOT A PLAN OF SURVEY © NPCA, Niagara Region, LIO, MPAC & Teranet APPENDIX "4" TO ADMINISTRATIVE REPORT PDS-30-2018 DATED MAY 22, 2018

Via Email Only

April 30, 2018

File: D.18.01.ZA-18-002

Mr. Daryl Vander Veen, BES Planning Technician Town of Fort Erie 1 Municipal Centre Drive Fort Erie, Ontario L2A 2S6

Dear Mr. Vander Veen:

RE: Regional and Provincial Review Comments Zoning By-law Amendment City File No.: 350309-0431 Applicant: Gil Shcolyar Address: 275 Gorham Road Town of Fort Erie

A pre-consultation meeting for the proposal was held on January 11, 2018 with the applicant and staff from the Region, Town and Canadian Niagara Power.

Regional Planning and Development Services has previously provided comments (dated April 10, 2018) for a site plan control agreement on the subject property (SP-18-033) in which no objections to the proposed use were identified by the Region.

Regional Planning and Development Services staff has reviewed this Zoning By-law Amendment application for lands known municipally as 275 Gorham Road in the Town of Fort Erie. The application was received by Regional staff on April 23, 2018, and proposes to rezone the subject lands from the existing Highway Commercial (C3) Zone to a site specific Automotive Service Station (C4) Zone which would also permit a restaurant. The site specific regulations are focused on front yard setbacks and planting strip requirements.

Application

The property currently has a large automotive repair garage and separate smaller storage garage on the site, and has been used as an automotive repair facility for at least 50 years. The applicant is proposing to remove these buildings and update the site including the addition of fuel pumps and a restaurant. The application proposes to rezone the subject lands from the existing Highway Commercial (C3) Zone to a site specific Automotive Service Station (C4) Zone which would also permit a restaurant.

Proposed Zoning By-law Amendment - 275 Gorham Road - Petrogold - Gil Sch... Page 25 of 135 APPENDIX "4" TO ADMINISTRATIVE REPORT PDS-30-2018 DATED MAY 22, 2018

As indicated to Town staff, this application is eligible for a reduction in the required Regional review fee from $1250 to $300 due to the subject lands being within the Urban Area, on a local road, with local servicing and the limited scope of Regional and Provincial interests.

Based upon a review of the submitted materials, Regional staff is satisfied that the application is consistent with the information and concept provided through the pre- consultation process and offers no additional comments or objections to the application.

Niagara Region Technical Staff previously provided comments during the Site Plan review, and have no new additional comments.

This letter will represent formal Regional comments and concludes our involvement in the review of this zoning amendment application.

If you have any questions or would like to discuss these comments, please contact me at extension 3610.

Please send notice of Council’s decision on this application.

Sincerely,

Erik Acs, MCIP, RPP Senior Planner

Proposed Zoning By-law Amendment - 275 Gorham Road - Petrogold - Gil Sch... Page 26 of 135 APPENDIX "4" TO ADMINISTRATIVE REPORT PDS-30-2018 DATED MAY 22, 2018

Proposed Zoning By-law Amendment - 275 Gorham Road - Petrogold - Gil Sch... Page 27 of 135 APPENDIX "4" TO ADMINISTRATIVE REPORT PDS-30-2018 DATED MAY 22, 2018

Proposed Zoning By-law Amendment - 275 Gorham Road - Petrogold - Gil Sch... Page 28 of 135 APPENDIX "4" TO ADMINISTRATIVE REPORT PDS-30-2018 DATED MAY 22, 2018

Re: Request for Comments - Application for Zoning By -law Amendment (275 Gorham Road, file no. 350309-0431) Ed Melanson to: Daryl Vander Veen 04/23/2018 07:03 PM

I have reviewed the attached documents and have no concerns at this time.

Ed Melanson Fire Chief & CEMC Fort Erie Fire Department

Office: (905) 871-1600 ext. 2600 Cell: (905) 329-7255

Daryl Vander Veen Good afternoon, A Zoning By-law Amendment a... 23/04/2018 03:39:11 PM

From: Daryl Vander Veen/FortErie To: Jeremy Korevaar/FortErie@TownOfFortErie, Keegan Gennings/FortErie@TownOfFortErie, Chris Millar/FortErie@TownOfFortErie, Signe Hansen/FortErie@TownOfFortErie, Ed Melanson/FortErie@TownOfFortErie, Lindsay Richardson/FortErie@TownOfFortErie, [email protected], [email protected], [email protected] Date: 23/04/2018 03:39 PM Subject: Request for Comments - Application for Zoning By-law Amendment (275 Gorham Road, file no. 350309-0431)

Good afternoon,

A Zoning By-law Amendment application was received for 275 Gorham Road in Fort Erie.

- Minimum front yard setback - 7.70 m - Planting strip widths adjacent to parking areas and drive-thru (Section 6.21): 0.84 m on the north side, 1.50 m on the south side, and 1.70 m on the east side

Please contact me if you have any questions or require any additional information.

Proposed Zoning By-law Amendment - 275 Gorham Road - Petrogold - Gil Sch... Page 29 of 135 APPENDIX "5" TO ADMINISTRATIVE REPORT PDS-30-2018 DATED MAY 22, 2018

Fw: Anonymous comments/complaint Matt Kernahan to: Daryl Vander Veen 05/03/2018 08:40 AM

FYI.

Matt Kernahan, MCIP, RPP Senior Development Planner Town of Fort Erie 1 Municipal Centre Drive Fort Erie, Ontario Canada L2A 2S6

TEL: 1-905-871-1600 ext.2507 FAX: 1-905-871-6411 ----- Forwarded by Matt Kernahan/FortErie on 03/05/2018 08:40 AM -----

From: Margarete Taddeo/FortErie To: Matt Kernahan/FortErie@TownOfFortErie, Kira Dolch/FortErie@TownOfFortErie, Rick Brady/FortErie@TownOfFortErie Cc: Carol Schofield/FortErie@TownOfFortErie Date: 03/05/2018 08:38 AM Subject: Anonymous comments/complaint

Good Morning:

Please find attached for your information.

DOC_20180502091053.pdf DOC_20180502091146.pdf Margarete E. Taddeo, B.A., M.A. Records Management Assistant

The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie, ON L2A 2S6 905-871-1600 ext. 2214

Proposed Zoning By-law Amendment - 275 Gorham Road - Petrogold - Gil Sch... Page 30 of 135 Proposed ZoningBy-law Amendment -275 GorhamRoad -Petrogold -GilSch...

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Proposed Zoning By-law Amendment - 275 Gorham Road - Petrogold - Gil Sch... Page 33 of 135 Planning and Development Services

Prepared for Council-in-Committee Report No. PDS-31-2018 Agenda Date May 22, 2018 File No. 350202.006

Subject DOWNTOWN SOUTHEND-RIVERWALK CORE AREA COMMUNITY IMPROVEMENT PLAN (CIP) INFORMATION REPORT

Recommendations THAT Council receives Report No. PDS-31-2018 for information purposes, and further

THAT Council directs staff to prepare a report on the Downtown Southend-Riverwalk Core Area CIP with recommendations for Council’s consideration at a future Council-in-Committee meeting, and further THAT Council directs staff to forward a copy of Report No. PDS-31-2018 to Fort Erie Economic Development and Tourism Corporation, Regional Planning and Development Services Department and the Ministry of Municipal Affairs and Housing, for their information.

Relation to Council’s 2015-2018 Corporate Strategic Plan Priority: Prosperous and Growing Community Goal: A4 - Engage local business in growth opportunities Initiative: A4.1 – Continue to consult and inform local business of opportunities A4.2 – Determine the needs of local business to ensure retention and encourage expansion Priority: Effective, Sustainable Infrastructure Goal: B2 - Leverage partnership opportunities with Regional, Federal and Provincial governments. Initiative: B2.1 - Work with Region to take advantage of shared programs, resources and funding

List of Stakeholders Property & Business owners in core area of the Southend-Riverwalk Neighbourhood; Fort Erie Economic Development and Tourism Corporation; Town of Fort Erie; and the Region of Niagara

Prepared by: Submitted by: Approved by:

Original Signed Original Signed Original Signed

Chris Millar CPT, MCIP, RPP Richard F. Brady, MA, MCIP, RPP Tom Kuchyt, CET Neighbourhood Planner Director, Planning and Chief Administrative Development Services Officer

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 34 of 135 Planning and Development Services Page 2 of 8 Report No. PDS-31-2018

Purpose of Report

The purpose of this report is to provide Council and the public with information in respect of the Town’s proposed Downtown Southend-Riverwalk Core Area CIP. This report was prepared in advance of the Public Meeting and is intended to inform persons interested in the commercial grant-based financial incentive programs sought for implementation in Southend-Riverwalk Neighbourhood.

Background

As part of the recommendations made with the approval of the Southend Secondary Plan, Council directed staff to proceed with developing a Community Improvement Plan for the Downtown Core Area in Report No. PDS-95-2017 on December 4, 2017. A Community Improvement Plan is a Planning Tool made available under Section 28 of the Planning Act and allows municipalities to identify and address select areas where challenges to long term sustainability and rejuvenation may be stimulated by financial incentive programs developed and administered by the local municipality. Prior Core Area CIP’s have been established for the downtowns of Bridgeburg, Ridgeway (2014) and Stevensville (2016). As part of those original Core Area CIP’s in 2014, the Town established “model” financial incentive programs that were not only applied to those respective project areas, but were anticipated for application in future CIP’s, which occurred in Stevensville and now proposed for the Southend-Riverwalk Core Area CIP. Over the course of the Southend Secondary Plan’s (OPA 37) processing, development and adoption, determination of a “core area mixed use” designation was established and recommendations included a Community Improvement Project Area (CIPA) be defined for the purposes of implementing the model incentive programs currently in use within the above noted core areas. Land use designations and zoning are now final with Niagara Region’s approval of the Southend Secondary Plan and the Core Mixed Use designation has formed the proposed CIPA. Appendix “1” illustrates the proposed limits of the CIPA.

Analysis Description of Proposed CIPA Limits The Southend Secondary Plan process involved extensive consultation with agencies, public and community focus group members. The community focus group established the vision statement for the Southend which spoke to having a, “...people-friendly waterfront, a vibrant, mixed residential commercial environment on Niagara Boulevard...” The location of the proposed Southend-Riverwalk Project Area is one that is focused along Niagara Boulevard from just north of Queen Street, to as far north as Murray Street. Generally, all of the newly designated Core Mixed Use properties fronting the west side of Niagara Boulevard are included within the proposed CIPA. Several contiguous parcels sharing the designation are included and have frontage on the side streets running off Niagara Boulevard. All of the properties/buildings representing the

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 35 of 135 Planning and Development Services Page 3 of 8 Report No. PDS-31-2018

built environment of the east side of Niagara Boulevard are also. These limits are proposed and following input from public and agencies, may remain as proposed or be modified to include/exclude certain lands. In total, there are currently 38 properties shown within the proposed CIPA. Southend-Riverwalk Core Area Character The character displayed within the proposed CIPA is one that shows of better days; not unlike other downtown areas that have seen businesses struggle, relocate or close down as a result of competition from larger commercial formats located on primary transportation corridors. The remaining traditional downtowns have needed to become resourceful and transition into a new marketplace to maintain active commercial viability and draw for their respective districts and beyond.

The Southend-Riverwalk Core Area has not only faced the shift to large format competition not too far away along Garrison Road, but had seen early vehicular exit from the in-bound Peace Bridge traffic at Goderich Street closed and shifted further west to Central Avenue as part of the Peace Bridge Plaza expansion, resulting in a doubling back distance that is almost twice as far as previously experienced. Other factors such as a reduced presence of small brokerage operations serving clients of Canadian Customs and the absence of new development (known presence of cultural resources in the area) have all contributed towards diminished commercial viability and new development feasibility. Generally there is a sense of destination driven survival together with pass-by capture for the remaining commercial, and the attraction of the Niagara River to build from.

The building stock varies in age, purpose and architecture with some buildings dating back to the turn of the century (1900’s) to those which are considered the more recent additions to the streetscape, constructed more towards the late 1970’s or early 80’s. There is a mix of dwelling conversions (to commercial store front) with those that are clearly purpose built commercial. A number of structures are showing signs of distress while others are generally in good shape but could use some sprucing up or updating. Collectively however, this core area is considered a candidate for CIP designation as expressed and supported in the recently approved Southend Secondary Plan. The waterfront is a natural draw and in keeping with the Community Focus Group’s vision statement, the intent would be to improve the public realm by creating an enhanced aesthetic quality that contributes to making the Southend-Riverwalk Core Area a desired destination and elevating its standing as a social hub of activity, but also an ideal locale to live, visit, work, play and relax in a riverfront setting.

Proposed Incentive Programs The model programs planned for implementation are currently being administered in Bridgeburg, Ridgeway and Stevensville with very positive results. Those interested in applying go through a pre-consultation meeting, gather the required information and submit their application, after which an evaluation committee makes recommendations to the approval authority, which in turn makes a decision on any eligible grant amount.

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 36 of 135 Planning and Development Services Page 4 of 8 Report No. PDS-31-2018

Staff is seeking implementation of these same programs for the Project Area identified within the draft CIP document (Appendix “2”). The programs planned for implementation include: • Commercial Façade Improvement Grant Program; • Commercial Façade Signage Grant Program; and • Residential Creation and Intensification Grant Program Council and the public are directed to the draft CIP document (Appendix “2”) for details on each of the programs proposed for implementation. Optimization of Funding and Regional Incentive Review The existing financial incentive programs proposed for this location had been developed in a manner that seeks to optimize available funding. This is achieved through our partnership with the Region of Niagara and its Smarter Niagara Incentive Program (SNIP), which matches local municipal contributions up to set maximums. Generally, the formulas are structured around a 25% Town, 25% Region and 50% Applicant arrangement, with the Town paying out the Region’s 25% to the Applicant and invoicing the Region for recovery of the matched funds. This enables the Applicants to deal with a single point of contact for full grant administration and payment, but most importantly, provides fifty-cent dollars to the Programs and extending the local budget to cover more projects. This process and administration has worked well up until the last two quarters of 2017 when Region’s budget became exhausted. More on that topic can be found under Financial Considerations section of this report.

Public Information Open House A Public Information Open House was conducted on May 9, 2018 to provide interested persons an opportunity to meet with Town staff, learn more and ask any questions about Programs or proposed Project Area. The Open House was held at Town Hall in the Atrium. No persons attended the Open House. Materials from the Open House that were on display can be found as Appendix “3”

Notifications The notification process followed the prescribed Planning Act requirements together with Town policy on enhanced notifications. Appendix “4” outlines the notifications issued for this proposed CIP implementation.

Process Steps and Timing Following the Public Meeting, staff will consider all comments received and return to Council-in-Committee at a future date with a recommendation report for Council’s consideration. Presently, staff anticipates the subsequent report for the June 2018 meeting, pending outcome of the Public Meeting and agency comments. Staff remains hopeful the Plan, if ultimately approved by Council, would become active in July or August 2018.

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 37 of 135 Planning and Development Services Page 5 of 8 Report No. PDS-31-2018

Financial/Staffing Implications

Should the Southend-Riverwalk CIP ultimately be approved, it is important to note that no additional budget request would form part of any recommendations made in order to implement. The Town has operated these Programs through a single pool of CIP funding and should this CIP come online, it too would be drawing from that same source. From that perspective, there are no financial implications to implementing this CIP. However, in future should the demand on the financial pool be too great, or the Region modify their program, it may be necessary to request further funding to maintain the well-received Programs.

Regional Review As mentioned earlier in the report, Niagara Region is in the midst of reviewing its Smarter Niagara Incentives Programs (SNIP). The SNIP Programs make funding available to local municipalities, which the Town accesses through partnership arrangements with the Region. The common or typical arrangements would see the Region matching local municipal grant dollars for projects approved and administered locally, up to set maximums.

Up until last year, the funding provided to all local municipalities through matching arrangements had not presented a problem to the Region’s available budget, which has operated on a “first-come, first served” basis to the locals. As the Region undertook audits and tracked outstanding files, it became aware of a potential budgetary shortfall. As a result, the Region declared that its annual operating budget (2017) for these incentives had been exhausted and they would not be guaranteeing matching dollars after August 4, 2017. The Region also announced that the long anticipated review of all their incentive programs would be initiated immediately. A program review was first indicated approximately two years ago, however delays related to accounting systems (technical) pushed the review to a date following successful migration of the Region’s accounting processes.

The Region’s announcement of budget impacted the second half of 2017 whereby persons seeking access to grants locally could only be guaranteed the Town’s share of the funding. A decision of Council not to expend local (un-matched dollars) without guarantee on reimbursement was the local position taken (Report No. PDS-63-2017). Other municipalities continued to offer CIP funding with the hope of receiving Regional funding and were rewarded for taking this proactive approach.

Pressure from local municipalities to continue funding their incentive programs while the Region undertook and completed their own incentive program review resulted in a commitment from Niagara Region to renew an operating budget for 2018. The Region did in fact allocate funding for 2018 at the same level as the previous year ($634,000). However, the Region did revisit whether it would honour commitments made by local municipalities during the second half of 2017, which resulted in approximately $190,000 being paid out, subsequently reducing the 2018 available budget to $444,000. This is the amount available for this calendar year until it too becomes exhausted. It is reasonable to conclude that these funds may run out before the end of 2018.

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 38 of 135 Planning and Development Services Page 6 of 8 Report No. PDS-31-2018

While the prospect of Regional budget constraint is not an ideal situation, the Town wishes to proceed with establishing a CIP for Southend-Riverwalk for several reasons. • It may come into force and effect prior to the Regional budget being depleted and give opportunity to some property owners gearing up to participate; • Town Programs will be subject to review regardless of whether this Plan is implemented or not by end of 2018, so therefore it is desirable to press for implementation; and • Getting the Project Area approved allows the Town to proceed with requests to have the CIPA recognized for the purposes of Regional Development Charge exemption/reduction. Without a CIPA defined and approved, new developments in this area are subject to full Regional Development Charges.

The Regional Review Team has met with Town Staff and information has been supplied to inform their review, along with comments, criticisms and desirable modifications Town staff would suggest for their consideration. An interim report from the Region on their findings is anticipated any day with the next phase focusing on modification recommendations the Review Team will present Regional Council towards the end of the year. This will be the trigger for local Program review.

General Financial Information From January 2015 to date, the Town has entered into 33 grant agreements and allocated grants worth a total of $382,171.00. The Region has or will be reimbursing the Town for 50% of that amount and to date has provided $133,698 back to the Town with another $34,567.00 in process of claim and $22,810.00 yet to be claimed (but secured in the Regional budget).

Due to the unexpected announcement by the Region mid-way through last year, some project applicants may have held off proceeding and as a result, the Town has a robust budget and reserve fund of approximately $250,000 at this time.

Staffing Implications Staff has continued to administer the Programs with the assigned individual staff resource. Trends are noticeable with most activity by applicants or potential applicants occurring in the early spring when plans of improvement are more often on the minds of property/building owners. While the activity is higher at this time of the year, staff manage the workload with the understanding it is more like a seasonal surge. Staff will continue to monitor the activity and advise senior management should resources become stretched.

Policies Affecting Proposal

Section 6 of the Town’s Official Plan provides the required policy direction under present legislation to effect change and to allow for the municipality to approve Community Improvement Plan Area’s and implement CIP programs for those Areas.

Section 28 of the Planning Act provides municipalities with the ability to structure incentive based loans and grants to help stimulate private sector investment in defined

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 39 of 135 Planning and Development Services Page 7 of 8 Report No. PDS-31-2018

locations. Furthermore, the Municipal Act under section 365.1 also provides opportunity for municipalities to structure incentives through temporary tax relief. It is under these permissions that the Town has acted on implementing the current CIP’s it has in place and the proposal of adding/implementing the Southend-Riverwalk CIP to the existing suite of Core Area CIP’s the Town has in place currently.

The Town of Fort Erie is the approval authority for the proposed CIP. However, staff continues to provide the Ministry of Municipal Affairs and Housing with materials and notices to keep the Ministry informed on the Town’s initiative, as required by the Planning Act.

Comments from Relevant Departments/Community and Corporate Partners

The commenting circulation under Section 28 or the Planning Act requires the proposed CIP to be treated similarly to that of an Official Plan Amendment with respect to the notification and commenting requirements. As such full circulation was undertaken, including Ministry of Municipal Affairs (MMA) and at the time of this report’s administrative deadline, comments were received from the following agency and departments:

• Ministry of Municipal Affairs – MMA were supportive in conclusion to their comments, but had made a number of suggestions to be considered for the final document. Some of the suggestions can be acted on with this proposed CIP, however, the majority of the comments were efforts to instill more in the way of affordable housing promotion. While staff is not adverse to exploring MMA’s suggestions, the Programs it presently operates would need to be revised and therefore interrupted through repeal and replace By-laws and public process for each of the existing CIP’s. Staff believes the best option is to review MMA’s comments once the Region have completed their own review of incentives, which may (or may not) introduce criteria based on provision of affordable housing and subsequently undertake global review of the Town’s Model Programs in order to make any changes all at one time. Review is likely towards the end of 2018 or early 2019. Staff would note for MMA that the Town is currently working on an Affordable Housing Action Plan (AHAP) where all opportunities will be discussed. It would be beneficial to permit the research and reporting on the AHAP to provide insight on what the Town could do with respect to any programs it may wish to institute as they may, or may not, require a CIP in order to implement. • Fort Erie Fire Department – Supportive of Programs and identifies that fire safety may be improved by default through renovation work. • Fort Erie Corporate Services – The Town’s Treasurer has reviewed and is familiar with the existing Programs being operated by the Town. Confirmation was sought that these proposed Programs are the same ones currently in use and that no increase in budget requirement is needed to implement. Planning staff confirmed the Treasurer’s understanding on how these Program will operate.

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 40 of 135 Planning and Development Services Page 8 of 8 Report No. PDS-31-2018

Appendix “5” contains a matrix of all commenting received, with staff response to each.

Any comments received following this report’s preparation will be brought to Council’s attention at the scheduled Public Meeting.

Communicating Results

The results will best be quantified following the Public Meeting and future Recommendation Report. The Public Meeting is to gather views and opinions of the Public for consideration of staff in preparing recommendations for Council’s consideration at a future meeting.

Alternatives

Not Applicable. This report is provided for information purposes only in advance of a Public Meeting to hear any further community input.

Conclusion

The information supplied in this report is the result of work to implement recommendations of the Southend Secondary Plan to identify a Community Improvement Project Area, followed by applying the existing CIP grant incentive programs to the Project Area.

Staff recognizes Ministry of Municipal Affairs encouragement to create or gear programs to include affordable housing and anticipates anticipated local program review will include dialogue and explore options that would complement or potentially stand alone as part of a future suite of Program offerings.

Staff looks forward to the upcoming Public Meeting.

Attachments

Appendix “1” Location Map Appendix “2” Draft CIP Document Appendix “3” Open House Materials Appendix “4” Notifications Summary Appendix “5” Commenting Summary Matrix

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 41 of 135 APPENDIX "1" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 42 of 135 Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... APPENDIX "2" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018

SOUTHEND- RIVERWALK

COMMUNITY IMPROVEMENT PLAN Page 43 of 135

APRIL 2018 - DRAFT Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... APPENDIX "2" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018

Table of Contents 1.0 Introduction ...... 3 1.1 In Everyone’s Interest ...... 3 1.2 Steps to Success ...... 3 2.0 Character of Southend-Riverwalk’s Downtown Commercial Core ...... 4 2.1 The Nature of Southend-Riverwalk’s Main Street...... 4 2.2 Predominant Built Form ...... 4 3.0 Rationale for Community Improvement Plan ...... 4 3.1 Neighbourhood and Secondary Planning ...... 4 3.2 Goals and Objectives ...... 5 4.0 Downtown Southend-Riverwalk CIP Project Area ...... 6 4.1 Establishing the Limits ...... 6 5.0 Legislative and Policy Framework ...... 7 5.1 Municipal Act R.S.O. 2001 ...... 7 5.2 Planning Act R.S.O. 1990 – Section 28 (Community Improvement) ...... 8 5.3 Provincial Policy Statement (PPS) 2014 ...... 8 5.4 Places to Grow - Growth Plan for the Greater Golden Horseshoe 2017 ...... 9

Page 44 of 135 5.5 Regional Official Plan - Smart Growth in Niagara ...... 10 5.6 Town Official Plan ...... 11 6.0 Incentive Programs ...... 13 6.1 Commercial Façade Improvement Grant Program ...... 13 6.2 Commercial Façade Signage Grant Program ...... 16 Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... APPENDIX "2" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018

6.3 Residential Creation and Intensification Grant Program ...... 18 7.0 Implementation ...... 20 7.1 By-laws to Establish Project Area and Enact the CIP ...... 20 7.2 Evaluation Committee...... 20 7.3 Budget Allocation ...... 21 7.4 Restrictions Between available CIP’s ...... 21 7.5 Program Duration ...... 22 7.6 Authority of Council ...... 22 7.7 Transfers ...... 22 8.0 Monitoring ...... 23 8.1 Annual Reporting ...... 23 Appendix ...... 24 Appendix “A” – Downtown Ridgeway Community Improvement Project Area ...... 25 Appendix “B” – Definitions / Glossary of Terms ...... 26

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1.0 Introduction

1.1 In Everyone’s Interest The development of Community Improvement Plans (CIP’s) for traditional downtown environments have become an integral part of broader community planning initiatives in downtown cores throughout North America as communities cope with adverse impacts resulting from historical development, sub-urban living and lifestyles. As new communities are planned on the broader scale, many Ontario cities and towns share similar circumstances whereby the older and more established commercial core areas have been left idling in the wake of larger, corporate commercial and consumer driven trends towards accessing goods and services in their daily lives. While these commercial conditions continue to exist, and would appear to be part of the new community landscapes for years to come, the challenges faced by our older downtown environments to remain sustainable in their own right are of interest to all stakeholders and residents of their respective communities. Creation and implementation of CIP’s is a tool provided for under Section 28 of the Planning Act and it is the Town of Fort Erie’s intention to exercise and make use of these permissions to assist in the rejuvenation and revitalization of our traditional downtown commercial core areas.

1.2 Steps to Success The Town of Fort Erie is responding to provide incentive programs for our unique collection of culturally rich and socially significant traditional downtown commercial environments. It is anticipated the suite of incentive programs being introduced will result in the Town’s ability to offer all of its traditional commercial core areas equitable access to funding. The Town seeks and encourages participation in the programs in a move towards reinforcing our downtowns as the community hub for social, cultural, commerce and tourism activity, in addition to supportive residential housing forms. These anchors of our past remain a critical part of our community fabric and with a little imagination and innovation towards rejuvenation, these cores can become significant social and economic contributors to community vitality. Creating a sustainable environment for these core areas requires commitment and confidence that maintaining and improving the quality of the space and building stock will increase in further investment and visitation. A warm, inviting and visually stimulating streetscape can provide a comforting and pleasurable experience, resonating positive opinion respecting `sense of place’ objectives. Page 46 of 135 We must remain cognisant of the difference between memory and place. Memories live on inside us, while place requires our physical attention if it is to continue playing the role of a positive memory maker. Downtown revitalization efforts provide a vehicle and opportunity to make investment towards maintaining and creating that new or renewed sense of place.

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2.0 Character of Southend-Riverwalk’s Downtown Commercial Core

2.1 The Nature of Southend-Riverwalk’s Main Street Southend-Riverwalk’s main commercial thoroughfare is actually Niagara Boulevard (Niagara Parks Commission juristication), which traces the Niagara River’s shoreline and has drawn people to it for generations. The eclectic collection of buildings that present themselves to Niagara Boulevard, many of which are showing signs of better times, present a clustered feel with some sites being either vacant or underutilized. Many of the buildings are in need of substantial improvement, all of which creates a sense that more can be done to enhance the public realm, particularly in proximity to the beautiful Niagara River. In addition to Niagara Boulevard’s vehicular activity, the route is also a recognized as a national, provincial and regional trail system that creates additional desire to present an aesthetically pleasing and welcoming atmosphere to those persons traveling by other means.

2.2 Predominant Built Form As touched on in the previous section, the Southend-Riverwalk’s Niagara Boulevard and environs can be characterized by two primary built forms; those buildings that were purpose built as commercial structures, and those that were residences converted to commercial use. This is typical of many main streets running through core areas, including other downtown core areas found in Fort Erie. The buildings range in age and architecture with estimates of age ranging from the late 1800’s through to approximately the early 1970’s. Most of the structures are 1.5 or 2 storeys in height with only one purpose built commercial building having 3 storeys (old King Edward Hotel). Condition of the buildings varies considerably with some having been maintained fairly well over the decades while others are displaying distress on the exteriors. Many of the buildings are also considered repurposed or converted residential dwellings that are now commercially used, some with commercial addition to their respective front facade. This was common in earlier times as commercial areas often grew larger in good economic times, consuming neighbouring residential areas and quickly adapting the building stock for commercial and/or commercial/residential use. In this regard, the Southend-Riverwalk commercial core shares similarity with all of the other Fort Erie downtown core areas.

3.0 Rationale for Community Improvement Plan Page 47 of 135 3.1 Neighbourhood and Secondary Planning The downtown commercial core of Southend-Riverwalk has served as a unique commercial and social hub for the Southend neighbourhood for over a century. Even before the Secondary Planning exercises of 2017 commenced, it was identified that the downtown core would benefit from the CIP provisions of the Planning Act. This was reiterated during the Secondary Plan for Southend that received Regional approval in March 2018. This policy documents recommended taking steps toward creation and implementation of CIP’s to stimulate private investment in effort

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to revitalize and rejuvenate the Southend-Riverwalk core area as new development has been idle for an extended period. Several factors have been identified that had played a role in the diminished development activity including the new commercial model of larger floorspace on Garrison Road’s larger commercial sites, Peace Bridge Plaza redevelopment (2004), which pushed the first available in-bound Bridge/Highway exit from Archange Street to Central Avenue, being almost double the distance from the Southend-Riverwalk core area and lastly, the archaeological deposits of the area that encumbered potential for private investment due to resource potential and related costs. Planning staff have pointed to these being some of the contributing factors or reasons, but the commercial model of “big box” is regarded as the primary reason for decline is commercial viability of the area.

Implementation of a CIP with incentives to repair, improve, restore the commercial building stock and promote residential creation and intensification can provide an impetus towards stimulating new private sector investment in this unique riverfront commercial setting. There is a strong sense of history and pride associated with the waterfront and efforts to find a new or rejuvenated purpose have seen the groundwork laid out in the recently approved Secondary Plan. New permission surrounding Core Mixed Use and intensification (height and density) are aimed at putting more residents right inside the commercial area to help maintain commercial viability while also providing for a highly desirable residential setting next to the Niagara River.

The programs proposed in the CIP will provide for incentives needed to encourage property and business owners to collectively enhance the overall public and private realm, strengthening the riverfront theme and reinforcing the remaining commercial core as the hub of social, cultural and commerce in a truly visually appealing manner.

3.2 Goals and Objectives In effort to reinforce the land use planning completed though the Secondary Plan, CIP implementation is a tool to stimulating private investment in the core, the following are considered the primary goals for the three (3) initial funding programs being introduced in this core area:

 Provide funding assistance in the form of sizable matching Grants to stimulate private investment;  In addition to attracting participation from building “owners”, provide opportunities to commercial “tenants” to access funding;  Simplify and standardize the application process, laying out all requirements in a user guide and through pre-consultation; Page 48 of 135  Introduce opportunity for new residential through intensification or new construction in the form of apartments in conjunction with commercial to provide different forms of housing in the heart of the core area and support the downtown as a walkable neighbourhood;  Strengthen the waterfront amenity and character through quality facade and signage that is visually appealing and promotes a `sense of place’;  Provide a promotional tool for the programs through media and organizations such as the EDTC and Chamber of Commerce;  Measure and report annually on the program activity.

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The following are extracted from the Secondary Plan, which provided directives in following through with establishing the CIP programs for the Southend-Riverwalk commercial core area. Preparation and implementation of this Plan are meant to fulfill those commitments.

“It is a goal of this Secondary Plan to provide opportunities for enhanced residential development potential in proximity of the waterfront, whether through additional height or redesignation, in combination with infilling and vacant land development in other areas of the Plan suitable for growth. Furthermore, rejuvenation of the waterfront core area commercial is also a prime candidate for Community Improvement Plan incentive programs.” - (Southend Secondary Plan 2018)

“The Town shall seek to implement and administer funding programs to assist eligible commercial properties within the Core Mixed Use designation. Boundaries of a Community Improvement Project Area will be established under separate amendment and may or may not include all Core Mixed Use designations, with criteria defined at the time of the Project Area being established. ” - (Southend Secondary Plan 2018)

4.0 Downtown Southend-Riverwalk CIP Project Area

4.1 Establishing the Limits The primary factor for establishing the Community Improvement Project Area (CIPA) was to align its geography with that of the 2018 approved Secondary Plan defining the “Core Mixed Use” (CMU) designation. The CMU was recently introduced as the replacement land use designation for what had previously been designated simply as “commercial” or with few exceptions. The CMU designation better reflects the identity and intended future uses of the core area, as expressed by stakeholders through the Secondary Plan consultation process. Vacant or generally idle commercial on the periphery of the core has in most cases converted to Page 49 of 135 residential in designation to provide for higher density residential, which will birder the core area. CMU is weighted towards requiring a mix of uses in the designated area with at-grade retail/commercial and residential upper levels. Some of the Core Mixed Use zoning provides opportunity for at-grade residential in the back half of the buildings, but

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not for all. It also restricts certain uses that would otherwise be permitted in the commercial designation; uses that are seen to be less desirable in a main street, pedestrian oriented setting in this contemporary time.

The limits also reflect and generally align with the Core Mixed Use designation, however may include lands that are designated otherwise. Criteria will define which lands within the CIPA boundary will be eligible and may exclude zoning or designations explicitly to keep the integrity of the intended Programs consistent with the other CIP’s in the Town.

Reviewing CIPA limits will be part of the existing 5 year program review and may be re-examined at that time. Current expectation is review could take place in earlier 2019. Any changes to the CIPA limits would subsequently undergo a municipally led public planning process to repeal or amend the by-law of the old boundary and enact a new by-law reflecting any updated limits. The programs, if remaining unchanged, would continue to be applied to the new boundary. Programs are expected to be examined at that same time with potential changes in criteria of the Town’s funding partner (Region of Niagara).

5.0 Legislative and Policy Framework

5.1 Municipal Act R.S.O. 2001 Section 106(1) and (2) of the Municipal Act 2001(as amended) prohibits the Town of Fort Erie from directly or indirectly assisting commercial enterprise through the granting of bonuses. Prohibited actions include:  Giving or lending any property of the municipality, including money;  Guaranteeing borrowing;  Leasing or selling any municipal property at below fair market value; and  Giving a total or partial exemption from any levy, charge or fee. This prohibition is generally known as the “bonusing rule”. Section 106(3) of the Municipal Act provides an exception to this bonusing rule for municipalities exercising powers under subsection 28 (6), (7) or (7.2) of the Planning Act or under section 365.1 of the Municipal Act. Page 50 of 135 Section 365.1(2) and (3) of the Municipal Act allows municipalities to pass a by-law providing tax assistance to an eligible property in the form of a deferral or cancellation of part or all of the taxes levied on that property for municipal and education purposes. Section 365.1 of the Municipal Act operates within the framework of Section 28 of the Planning Act. A municipality with an approved community improvement plan in place that contains provisions specifying tax assistance will be permitted to provide tax assistance for municipal purposes.

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With respect to the permissions described within the cited Municipal Act sections, The Region of Niagara and the Town of Fort Erie have appropriate policy within their respective Official Plans to allow for tax relief. Both upper and lower tier governments currently have programs in place to supply relief, such as those of the regional Smarter Niagara Incentive Programs (SNIP) and the Town of Fort Eire’s Brownfields CIP.

The purpose of identifying the Municipal Act provisions in this Plan is to provide awareness and to hold in reserve the right to potentially structure and introduce tax relief incentive based programs following a future review and update of this CIP document. The programs being implemented in this CIP are drawing permission under the Planning Act by way of grant based incentives. Should tax relief be introduced at a future review, new programs can be applied to the existing project areas following due course of public and stakeholder consultation, formal public and agency engagement and a subsequent decision of the local Council.

5.2 Planning Act R.S.O. 1990 – Section 28 (Community Improvement) Section 28 of the Planning Act 1990 (as amended) allows municipalities with provisions in their official plans relating to community improvement to designate by by-law a “community improvement project area” and prepare and adopt a community improvement plan for the community improvement project area. Once the community improvement plan has been adopted by the municipality and comes into effect, the municipality may exercise authority under Section 28(6), (7) or (7.2) of the Planning Act. The Municipal Act provides for exceptions relating to tax relief under Section 365.1, and the Town of Fort Erie’s Official Plan acknowledges both tools being at its disposal for efforts in creation of incentive programs.

For the purposes of the programs being introduced under the initial Downtown CIP incentives, grants have been made the focus instead of temporary tax relief; thus Section 28 of the Planning Act is the applicable legislative vehicle for the incentives being introduced. It is worth noting that should additional programs making use of the Municipal Act sections be contemplated, these can be introduced at a later date and be subsequently applied to the Project Areas through CIP review and update processes (public).

5.3 Provincial Policy Statement (PPS) 2014

Page 51 of 135 The Government of Ontario’s Provincial Policy Statement 2014 (effective April 30, 2014) provides top-level guidance and direction to upper and lower tier governments as it relates to matters of land-use, social and economic development and planning. All decisions, including those made involving CIP programs must “be consistent with” the PPS. In support for building strong, prosperous communities, efficient use of infrastructure and enhancement of quality of life; the following policy extracts of the PPS support local community improvement through:

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1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. 1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Intensification and redevelopment shall be directed in accordance with the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.7.1 Long-term economic prosperity should be supported by: a) promoting opportunities for economic development and community investment-readiness; c) maintaining and, where possible, enhancing the vitality and viability of downtowns and mainstreets; d) encouraging a sense of place, by promoting well-designed built form and cultural planning, and by conserving features that help define character, including built heritage resources and cultural heritage landscapes; e) promoting the redevelopment of brownfield sites; g) providing opportunities for sustainable tourism development;

5.4 Places to Grow - Growth Plan for the Greater Golden Horseshoe 2017 The 2017 Growth Plan for the Greater Golden Horseshoe, commonly referred to as “Places to Grow” (P2G) provides a 25-year framework for managing growth, land use and infrastructure planning with the primary objective of developing complete communities in the Greater Golden Horseshoe (GGH) until 2041. Fort Erie’s unique circumstance finds several “downtown” environments within its four (4) urban or “settlement areas”. Relevant P2G polices that contribute to healthy, sustainable and vibrant communities, extracted for CIP support include: 2.2.1 Managing Growth 2. Forecasted growth to the horizon of this Plan will be allocated based on the following: Page 52 of 135 c) within settlement areas, growth will be focused in: i. delineated built-up areas; ii. strategic growth areas; iii. locations with existing or planned transit, with a priority on higher order transit where it exists or is planned; and iv. areas with existing or planned public service facilities;

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2.2.2 Delineated Built-up Areas 4. All municipalities will develop a strategy to achieve the minimum intensification target and intensification throughout delineated built-up areas, which will: a) encourage intensification generally to achieve the desired urban structure; c) identify strategic growth areas to support achievement of the intensification target and recognize them as a key focus for development; d) ensure lands are zoned and development is designed in a manner that supports the achievement of complete communities; f) be implemented through official plan policies and designations, updated zoning and other supporting documents.

5.5 Regional Official Plan - Smart Growth in Niagara The Region’s Official Plan aligns with the provincially led policy framework and becomes more identifiable with respect to local and regional context. Amendments and initiatives undertaken by the Region, in consultation with stakeholders and local municipal partners, have been reinforcing the move towards targeting intensification and the application of as many smart growth principles that can be made to work in the region’s diverse community profiles. The Regional Official Plan subscribes to the complete community philosophy/concept and the foundation smart growth principles, which have been highlighted through the Region’s Smarter Niagara Incentive Program (SNIP).

Originally implemented in 2003, the Niagara Region’s SNIP has provided opportunities for incentive matching to local municipalities as a means of strengthening local municipal CIP program offerings that are aligned with smart growth principles. Since 2003, the SNIP programs have undergone review and updating to strengthen core programs and to broaden program offerings. A 2011 review of the program had further strengthened the core programs and increased funding amounts in response to consultations with stakeholders and partner municipalities.

The programs being introduced for the downtown commercial core areas in Fort Erie align well with the relevant Regional program funding offered and are characterized as core programs. The Town of Fort Erie are considering the structure of the programs being introduced locally as “model” programs that can be applied/adapted to meet the individual needs of Fort Erie’s traditional downtown commercial core areas. The Page 53 of 135 Region of Niagara will be completing a review of its SNIP Programs over the course of 2018 with a goal of implementing changes to current program offerings. At that time, Fort Erie will review all of its CIP Programs, which may result in amendments/modifications to the “model” programs it has in place, including those found as part of this CIP document. Town of Fort Erie seeks to approve and administer the Programs as contained herein, up until such time that modifications may be required.

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5.6 Town Official Plan The Town of Fort Erie Official Plan contains a complete section on Community Improvement (Section 6). The Town’s Plan sets out the conditions on when a CIP program may be implemented. Furthermore, the Secondary Planning conducted to date has identified and recommended CIP program implementation as being key tools in rejuvenation and renewal in the traditional commercial core areas. The action of implementing this CIP program is an extension of the implementation phase for the Secondary Plan.

Section 6 of the Town’s Official Plans provides the following: 6.3 COMMUNITY IMPROVEMENT PLANS I. Community Improvement Plans will be prepared to provide direction regarding one or more of the following activities: (a) The provision of public funds such as grants, loans and other financial instruments designed to encourage and promote: i. physical remediation, repair, rehabilitation, redevelopment or improvement of lands and/or buildings; ii. residential and other types of infill and intensification; iii. a range of housing types; iv. affordable housing; v. heritage and architectural preservation, restoration and improvement; vi. ongoing viability and revitalization of commercial areas and commercial uses.

It is important to note that Section 6 of the Town’s Official Plan also contains the relevant policy to enable and encourage participation in higher level government programs in order to benefit from available funding at these more senior levels, which in turn provides opportunities for further funding capability, enhancing the program offerings at the local level.

Page 54 of 135 Implementation policies of Section 6 identify these other sources with the following: 6.5 IMPLEMENTATION III. Council will apply for grants and other financial assistance through federal, provincial and regional programs and encourage community organizations to provide financial assistance to the Town for the purposes of community improvement. IV. Council will participate in regional, provincial, federal programs that provide assistance to private landowners for the purposes of community improvement.

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Following public process, Council may designate, by By-law, a Community Improvement Project Area, followed by adoption of a Community Improvement Plan containing relevant incentive programs to be applied to the Project Area. Council, at its sole discretion, may modify or set an alternate date for review or expiry and can otherwise, from time to time, following a public consultation process, if required, make modifications to program offerings. A change in the Project Area boundary limits will require a public process. The Official Plan permits Community Improvement Project Areas to be established anywhere in the urban area to address community improvement needs outlined by the Plan.

Nothing within this Plan shall prevent Council, at its discretion, from cancelling any or all programs provided for under this CIP at anytime. Only those successful applicants with signed agreements with the Town shall retain the right of grant funding, provided the project is completed as approved and all terms of the signed agreement(s) have been met.

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6.0 Incentive Programs 6.1 Commercial Façade Improvement Grant Program

Purpose To improve and enhance the quality and aesthetic appeal of the building stock in the commercial / mixed use downtown core area through redesign or restoration that supports a healthy and visually appealing mixed use environment. Maintenance of the commercial building stock provides strength and support to the commerce and tourism activity occurring in the core and fosters community pride. This Program is designed as an incentive to core mixed use and commercial property/building owners within the CIP Project Area. Funding Amounts (Grants) Façade Improvement Funding will be made available through a one-time matching grant to eligible & approved projects using the following model: 25% - Town of Fort Erie (to a maximum) 25% - Region of Niagara (to a maximum) 50% - Applicant Formula • (Building Type “A”) Built commercial frontage 25’ (7.62m) or less may qualify for up to $10,000 in grants. • (Building Type “B”) Built commercial frontage between 25’ and 50’ (15.24m) may qualify for $10,000 plus $400/built linear foot of commercial to a maximum of $20,000. • Corner lots may include up to 50% of their linear built commercial flankage at $400/built linear foot, provided the facade is in commercial use or forms the outer wall or commercial use. Maximum of up to an additional $5000 for Building Type “A” and $10,000 for Building Type “B”. Maximum amount shall not exceed $30,000 on any single property eligible under this grant program. Minimum amount eligible for matching grant is $1000.

Page 56 of 135 Funding for the Façade Improvement Program is being offered through partnering arrangements made between Local and Regional municipal governments to extend the financial assistance to eligible applicants. Grants are subject to the availability of respective municipal funds reserved for CIP programs. Applications will be reviewed by an Evaluation Committee with recommendations to Council or authorized Council delegate to approve, approve with conditions, or deny, being made by the Committee accordingly. Composition of the Evaluation Committee will be determined as part of the administrative development process. Successful applicants will be required to sign an agreement with the Town and all funding will be paid after project completion.

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Eligible Improvements Costs The eligible improvement costs considered under this program include, but are not limited to:  Design fees for registered professionals (eg.- architect, engineer)  Repair / replacement / restoration of storefronts in general, including masonry, windows, doors, eaves, parapets, sign band creation (not business signage), architectural detailing (cornice, frieze, colonnades, etc;), awnings and canopies where permitted, (subject to conformity with municipal Sign By-law and any required permits or agreements) and any structural or safety repair or replacement required for the improvement.  Cleaning & painting  Improvements that introduce accessibility of building entrances Eligibility Criteria In effort to strengthen the existing character of the downtown core area, it is important to recognize that improvements to facades shall have regard for context and theme when determining appropriate improvements. Initial consultation with municipal staff shall include discussion on objectives and available documentation to assist proponents in their conceptual and early design stages. Available reference materials will be discussed with proponents with respect to planned treatment in order to determine if conflicts with consistent, existing theme and styles would be apparent. This does not mean replication is expected, but rather sensitive design should respect area architecture and build on the strengths of the neighbourhood. In order to be considered eligible, the following criteria must be addressed: General Criteria  Property must be zoned for Commercial or Core Mixed Use in an approved Secondary Plan, used commercially and be within the CIP Project Area;  Property taxes must be paid in full;  Have not received similar funding in the past 10 year period; Page 57 of 135  Where deemed necessary by the Evaluation Committee, design drawings must be done by qualified persons;  Premises will be subject to inspections by Town Building Officials and Fire Department inspectors;  Contractors selected to perform the work are properly insured;  A minimum of three (3) cost estimates, using the same criteria/terms of reference from qualified contractors to complete the work will be required for submission with

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the application; and  Following completion of the work, proof that all contractors have been paid in full;  The work must commence within 6 months of signing the required agreement and completed within a year of signing;  Does not include roofing replacement or repair;  Where required, applicant responsible for obtaining all necessary permits to facilitate project/construction work including temporary obstruction permits for blocked sidewalks and/or roadways.

Design Criteria The proposed improvements are to be:  Consistent with character and general theme of the existing downtown district and any specific reference materials or studies;  Have regard for any study or background materials that may provide direction on theme and character of respective downtown district  Preserving desirable architectural features or enhancing poorly represented features and facades is encouraged;  Using quality materials that will provide low maintenance and high energy efficiency;  In conformity with Town’s Comprehensive Zoning By-law and/or the Town’s Sign By-law, as the case may be. If proposing encroachment, then any necessary permits for encroachments such as awnings or

Page 58 of 135 projecting signs (where permitted) that extend over municipal right- of-ways must be obtained separately.  Using colour schemes that complement the streetscape

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6.2 Commercial Façade Signage Grant Program

Purpose To provide incentive for property/building owners and merchants (who may otherwise not own, but rather rent/lease space for their businesses), within the CIP, to make improvements to the business signage that will assist in complimenting the building character and downtown atmosphere. Funding Amounts (Grants) Funding for the Commercial Façade Signage Program will be made available through a one-time grant to approved, eligible applicants using the following model: 25% - Town of Fort Erie to a maximum of $1000 per eligible business 25% - Region of Niagara to a maximum of $1000 per eligible business (provided funding has not been exhausted for the property under the Region’s portion of the Commercial Facade Improvement Grant). 50% - Applicant Minimum amount eligible for matching grant is $500.

Funding for the Commercial Façade Signage Program is being offered through partnering arrangements made between Local and Regional municipal governments to extend the financial assistance to eligible applicants. Grants are subject to the availability of respective municipal funds reserved for CIP programs. Applications will be reviewed by an Evaluation Committee with recommendations to Council or Council authorized delegate to approve, approve with conditions, or deny, being made by the Committee accordingly. Composition of the Evaluation Committee will be determined as part of the administrative development process. Successful applicants will sign an agreement with the Town and all funding will be paid after project completion. Eligible Signage Costs Page 59 of 135 The eligible Signage costs considered under this program include, but are not limited to:  Graphic Design related fees;  Materials and labour costs;  Awnings and canopies containing merchant logos or identification;  Restorative cleaning & painting and general refurbishment of existing signage that is deemed by the Evaluation Committee to be in keeping with the overall intent and objectives of the Program.

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Eligibility Criteria The following criteria must be addressed to the satisfaction of the Evaluation Committee: General Criteria  Property must be zoned for Commercial or Core Mixed Use, used commercially, in an approved Secondary Plan and be within the CIP Project Area;  Applicant (if not owner) must have written consent from Property/Building Owner;  Property taxes payment must be up to date;  Business must be licensed with the Town of Fort Erie;  Business must maintain year-round operation to qualify for full amount. Partial funding may be considered for seasonal operations.  Must conform with Town Sign By-law in effect at time of application approval and if required, applicable encroachment permits be acquired from the Town;  Does not include window signage;  Registered property/building or business owner have not received similar funding in the past 10 year period;  Where deemed necessary by the Evaluation Committee, design drawings must be done by qualified persons;  Will be subject to inspections by Town Building Officials;  Contractors selected to perform the work are properly insured;  A minimum of two (2) cost estimates, be submitted for production and installation;  Contractor must notify and comply with Town Road Superintendent instruction/direction if any temporary obstructions to the road / sidewalk are anticipated during install.  Following completion of the work, proof that all contractors have been paid in full; and  The work must commence within three (3) months of signing the required agreement and completed within six (6) months of signing agreement, unless part of an additional facade improvement project, in which case and depending on the scale of facade work, the

Page 60 of 135 completion date may be extended to twelve (12) months to coincide with the facade completion deadline;

Design Criteria The proposed signage is:  As per Town of Fort Erie Sign By-law in effect at time of application approval;  Be in keeping with any available guidelines prepared for reference in respective downtown.  Where permitted by By-law, projecting signs, canopies and awnings may require certification from qualified professionals;

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6.3 Residential Creation and Intensification Grant Program

Purpose To stimulate property and building owners to act on increasing the amount of residential apartments available in the Commercial and/or Core Mixed Use zones within the CIP Project Area.

Funding Amounts (Grants) Downtown Southend-Riverwalk Residential Creation and Intensification Funding will be made available through one-time grants for approved, eligible projects using the following model: 25% - Town of Fort Erie to fund $10/sq.ft. of habitable space to a maximum of $5000 or 50% of the habitable floor space per new dwelling unit created and limited to not more than 4 new units per property/building. 25% - Administered by the Town using identical criteria, with supplemental funding equal to the Town grant amount, received through partnering with the Region. 50% - Applicant Funding for the Downtown Southend-Riverwalk Residential Creation and Intensification Program is being offered through partnering arrangements made between Local and Regional municipal governments to extend the financial assistance to eligible applicants. Grants are subject to the availability of respective municipal funds reserved for CIP programs. Applications will be reviewed by an Evaluation Committee with recommendations to approve, approve with conditions, or deny, being made by the Committee accordingly. Composition of the Evaluation Committee will be determined as part of the administrative development process. Successful applicants will sign an agreement with the Town and all funding will be paid after project completion. Important – When a change in use occurs on a site from a less sensitive use to a more sensitive use (eg- Page 61 of 135 commercial to residential or, the addition of residential to a commercial site) a “Record of Site Condition” (ROSC) may be required to permit residential use. If a ROSC is determined to be required, the applicant may qualify for funding under the Town’s Brownfield CIP Program to assist in environmental study costs, should the level of study required meet with the Brownfield criteria. Determination on requirement of ROSC is the responsibility of the Town’s Chief Building Official.

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Eligible Creation and Intensification Costs The eligible costs considered under this program include, but are not limited to:  Design fees for registered professionals (eg.- architect, engineer);  All building material and labour costs. Eligibility Criteria In effort to increase the residential dwellings in the immediate downtown vicinity, creating apartments that conform to all Comprehensive Zoning By-law criteria is desirable. To enable such an effort, the following criteria must be addressed: General Criteria  Property must be zoned for Commercial or Core Mixed Use within the Project Area;  Property taxes must be paid in full;  Property/ Building Owner (Applicant) will not have received similar funding in the past 10 year period;  Design drawings must be done by qualified professionals;  Minimum standards for apartment square footage must meet Town Comprehensive Zoning By-law requirements;  Parking provided on site at the rate identified in the Town Comprehensive Zoning By-law, or through approved Minor Variance and agreements where required;  Must meet with outdoor amenity area requirements of the Town’s Comprehensive Zoning By-law, or through approved Minor Variance;  Premises will be subject to inspections by Town Building Officials and Fire Department inspectors prior to application consideration of Evaluation Committee;  Any deficiencies in Building or Fire Code must be rectified prior to receiving consideration for funding approval;  Contractors selected to perform the work are properly insured;  A minimum of three (3) cost estimates, using the same criteria/terms of reference from qualified contractors to complete the work will be required for submission with the application;  Following completion of the work, proof that all contractors have been paid in full;  The work must commence within 6 months of signing the required agreement and completed within a year of signing;

Page 62 of 135  Where required, applicant is responsible for obtaining all necessary permits to facilitate project/construction work; and  May require Record of Site Condition (subject to decision of Town Chief Building Official) Design Criteria The proposed residential dwellings:  Must meet all necessary Zoning, Building & Fire Code requirements.

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7.0 Implementation

7.1 By-laws to Establish Project Area and Enact the CIP The Town of Fort Erie’s Official Plan contains the relevant policies to allow for Community Improvement Project Areas to be established by By- law. Council is required to approve a By-law in order to establish the Community Improvement Project Area (CIPA) for Downtown Southend- Riverwalk. The By-law, or any future amendments thereto, will establish the geographic boundaries to which funding programs and their relevant eligibility criteria as identified in Section 6 of this CIP may be applied.

A plan illustrating the boundary of the Downtown Southend-Riverwalk CIPA is attached to this document as Appendix “A”. Changes to the Community Improvement Project Area requires an amendment to the By-law, but does not require an amendment to this CIP.

Following Council’s approval of the CIPA By-law, a resolution of Council endorsing the Downtown Southend-Riverwalk Core Area CIP’s application to the CIPA will be required to be passed by By-law also, to effectively bind this CIP to the Project Area for its intended purpose.

7.2 Evaluation Committee With Implementation of the CIP, an Evaluation Committee will be established to administer the application evaluation and approval process. The Evaluation Committee is intended to provide recommendations to Council or designate regarding approval. The CIP Evaluation Committee should be comprised of the following:  A Planning Staff member (Coordinator)  Town’s Chief Building Official (or designate)  Ward Councillor  A member of the Heritage Standing Committee  A member of the BIA (where a BIA exists)

Members of the Evaluation Committee shall be vetted at the beginning of each meeting for conflict relating to pecuniary interest.

Page 63 of 135 At its commencement, the Evaluation Committee is to be coordinated and managed by a dedicated staff member having responsibility for managing and coordination of the CIP as it relates to application intake and screening. The staff member will also manage and facilitate program marketing. The marketing and promotion of programs will be essential to raising awareness not only to those within the Project Area, but also providing information about the programs to real estate related inquires often received through normal daily planning activity and buyer due diligence.

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The role will require the timely issuance of screened applications to the Evaluation Committee for review. It is anticipated that program up-take will relative surge on the outset of their implementation. Prompt review and liaise with applicants and potential applicants will be important in demonstrating the Town’s commitment to the CIP programming. Resource time will be monitored and reported on annually, together with details on program activity.

Applications will be assessed on a first come – first serve basis. Approval of applications is entirely dependent on whether an application has been “deemed complete” or not. An appointed staff member will undertake review of applications and make determination on completeness. A complete application will then receive its order for consideration on approval by the Evaluation Committee.

It is recommended that a monthly application deadline date and monthly Evaluation Committee meeting date be established in order to ensure consistent start-up procedure and expectation of applicants. Complete applications will receive a date stamp and be scheduled for the next available Evaluation Committee Meeting. Depending on the complexity of the application or if more detailed explanation is requested, applicants may be requested to attend the Evaluation Committee Meeting to provide such information. Applicants will be advised if a request for their appearance is being made in advance of the meeting date.

7.3 Budget Allocation Council practices regular annual budget allocation for CIP funding with a reserve fund well established. Annual consideration is given on future the future year’s operating budget following annual reporting on the program activity and draw down of available funds. Any change to the allocation amount will be at the sole discretion of Council during budget deliberations.

The Town utilizes a single budget pool approach for all of its CIP’s. All approved CIP Program funding is drawn from this single source. A report will be prepared for Council annually, prior to budget deliberations for Council’s consideration in determining annual allocation adjustments as a result of activity and the amounts being accessed. All CIP Programs are subject to available funding.

7.4 Restrictions Between available CIP’s Programs under this CIP are devised so funding over-lap is avoided. In the event that other, additional CIP funding is accessed for assistance, applicants may forfeit eligibility for any or all funding for “double-dipping” (potential overlap) at the discretion of the Town. For example, access Page 64 of 135 to the existing Brownfield CIP programs, for assistance in phased Environmental Site Assessment Study Reporting required for Record of Site Condition, would be permissive. However, accessing Brownfield CIP Incremental Tax Grants for creation of new residential on a (former) Brownfield property at the same time as seeking funding for residential intensification under this CIP will not be permitted.

It is important to note that an application can be made to access all of the CIP program incentives identified in Section 6 of this CIP simultaneously, if eligibility requirements are met and funding is available from both Town and Region.

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7.5 Program Duration Programs established in this CIP are to be applied for a term of 5 year from date of By-law passing. Annual review and reporting will be used in any determination of Council to modify the 5 year term or make any changes in the interim. Funding partner program review may also prompt Town review and modification to its program funding limits as a result of any partner funding changes.

7.6 Authority of Council Council for the Town of Fort Erie are the approval authority for CIP programs and grant funding prepared and implemented by the Town under the Planning Act. Council may delegate authority for review and approval on its behalf to staff under certain circumstances in order to expedite application processing. In the case of delegated authority, Council may determine a set funding amount or threshold to which its authority may be required.

Programs approved under this CIP are offered at the discretion of Council and may also be rescinded by Council without an amendment to the CIP. This CIP does not limit the right of Fort Erie Council to undertake other initiatives provided for under the Town’s Official Plan that form part of downtown improvement initiatives.

Council also has the right to extend, revise or alter this CIP beyond the initial five-year term subject to Council determination on objectives having been met and the measure of performance of the Plan. Changes to the provisions of this CIP that require formal amendment (public process) to the Plan include any of the following:  the addition of new programs of financial assistance to be made applicable within this CIP;  an extension to the approved term (duration) of the CIP;  any substantial increase in the maximum amount of financial assistance made available under programs accessible in this CIP; and  any substantial change in the eligibility criteria for access to programs available in this CIP.

7.7 Transfers Applicants having received approval for funding under programs offered under this CIP may be eligible to transfer such approval in the event Page 65 of 135 that sale of property is initiated during the period of project activity. The new ownership must agree to the terms of the CIP and any signed agreements required at the time of application approval. It will be required that all parties acknowledge that committed funds will be paid out to the new ownership if the project is completed successfully within the permitted timeframe. Without acknowledgement from all parties, funding approval may be revoked by Council or Council’s delegate at their sole discretion.

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8.0 Monitoring

8.1 Annual Reporting As part of the CIP monitoring, a comprehensive annual report on program activity will be furnished to Council prior to budget deliberations. The report will provide Council with statistical information under the following headings:  Pre-consultations (provides indication on level of interest);  Applications received;  Applications processed ;  Number of applications approved, approved with conditions or denied ;  Effectiveness of Administration (ability of staff resources to process promptly and comments from the Evaluation Committee on information and materials being supplied for their review and ability to recommend);  Funding amounts approved (earmarked for successful project completion within the defined period);  Funding amounts paid out;  Funding recovery from regional program partnering;  Applications that have expired or having commitment to funding lapse as a result of incomplete project activity;  Estimated amounts of private sector investment having resulted from program participation;  If available, any determination of assessment changes;  Applicant satisfaction with program delivery and communication of the administration; and  Example highlights of redevelopment improvements in terms of façade, signage and/or residential intensification.

The report will also contain staff commentary on any aspects of the program delivery that, in the opinion of staff, should be considered by Council in respect of projected Plan up-take in coming years, and may also include a recommendation on budget allocation. It is expected that the annual reporting will be instrumental in any decision of Council to increase, maintain or decrease annual allocation, recognizing that all CIP program offerings are subject to available funding.

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Appendix Appendix

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Appendix “A” – Downtown Ridgeway Community Improvement Project Area

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Appendix “B” – Definitions / Glossary of Terms Definitions / Glossary of Terms

Brownfield means developed or previously developed properties that may or may not be contaminated. They are usually, not exclusively, former industrial or commercial properties that may be underutilized, derelict or vacant (Provincial Policy Statement, 2005).

Built Commercial Frontage means the primary commercial façade that addresses the street and includes any composition of office or residential uses located directly above. For the purposes of the Commercial Facade Improvement Grant Program, Built Commercial Frontage shall be defined as being from `at-grade to sky’ rising vertically along the building face subject of any applications for grant funding. Horizontal separation does not constitute separate storefronts.

Built Commercial Flankage means commercial facade that may or may not contain primary or secondary entry to the front commercial unit or separate commercial units exposed to the flanking yard of any street. Built Commercial Flankage may also be comprised of the exterior wall wherein active commercial activity is conducted. For the purposes of the Commercial Facade Improvement Grant Program, Built Commercial Flankage shall be defined as being from `at-grade to sky’ rising vertically along the building face subject of any applications for grant funding. Horizontal separation does not constitute separate storefronts. Residential facade and uses located at-grade and any upper levels situated immediately above are not considered commercial unit storefronts and therefore are not eligible for grant funding.

Commercial Unit Storefront means a facade that fronts (or flanks) the commercial use conducted immediately behind the wall, face or facade that is presented to the street. A Commercial Unit Storefront is typically at-grade for street-level pedestrian access and can comprise larger windows openings, commercial entrance features and commercial signage that are distinct and clearly recognizable as commercial in use. Some commercial operations are less traditional in storefront appearance, such as those conducted in converted residential dwellings with uses typical of professional offices. In such instances, funding may be considered where demonstrated that the commercial use is conducted in the portion of the building that fronts the street (or flank as the case may be) and also, the commercial comprises the majority of the main floor.

Page 69 of 135 Community Improvement Plan (CIP) is a planning tool under Section 28 of the Ontario Planning Act which permits planning and financial assistance programs involving lands, buildings, loans, grants and tax assistance for designated community improvement project areas.

Community Improvement Project Area (CIPA) “means a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason” (Ontario Planning Act, Section 28).

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Incentive Programs means the programs being made available by the Town, and any assisting partners of the Town, as contained within this CIP.

One-Time Grant means approved grant funding will be paid out in one lump sum payment after the project has been completed and all required inspections and clearances have been obtained. The program is not providing incremental/staged payment for partial work having been performed. The one-time grant also means that funding provided through each of these eligible CIP Programs is only made accessible and applied to the building/structure subject of the application, regardless of ownership or tenancy, one time only. Maximums identified in each of the programs, if not exhausted by an applicant, can be applied for under additional applications up until the maximum amount has been granted to the building/structure with an amending or separate agreement being required. Terms of all grants paid out shall be contained in agreements required between the Town and the recipients.

Owner means the registered owner of the lands and includes any successors, assigns, agents, partners and any affiliated corporation.

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APPENDIX "3" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018 DowntownDo Southend-Riverwalk Commercial Core Area CIP TownTown ooff FFortort EriEriee PlanningPlanning andand DevelopmentDevelopmment ServicesServices appreciateap your attendance at this Public Information Open House.

Town Planning Staff are conducting this Open House to seek comments and questions from interested persons with respect to the Draft Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP). When Town Council adopted the Southend Secondary Plan, it also approved a recommendation to commence preparation of a CIP for the Mixed Use Core Area identified in the Secondary Plan and on the mapping schedules, with the intention of implementing existing financial incentive programs in use for other Downtown Core Area CIP’s.

HiHaving a CIPdCIP and CCommunity Improvement Project Area (CIPA) in place provides an opportunity to administer financial incentives to assist private property and business owners, and to stimulate additional private investment towards making improvements and undertaking related maintenance to their buildings and businesses. Aesthetic quality can reflect pride in ownership and first impressions can be lasting impressions. It is in everyone’s interest to have a healthy and vibrant mixed use commercial/residential core. CIP’s can assist in fostering urban rejuvenation and renewal.

This Open House is intending to provide information and explanation on the proposed Funding Programs (CIP) and proposed Project Area (CIPA), and to solicit public feedback and comment on the proposals. The Town currently has five CIPs in place with programs available to prospective interests. These are identified as being: x Downtown Stevensville Core Area CIP (2016) x Downtown Bridgeburg Core Area CIP (2014) x Downtown Ridgeway Core Area CIP (2014) x Gateway Economic Zone CIP (2012) x Brownfields CIP (2010)

A CoCommunitymmunity Im Improvementprovement PlPlan an, commonlycommonly referredreferred to usingusing thethe “CIP”“CCIPIP” acronym,acronymacron has its roots in the PlanningPlannin Act. In general terms, the CIP is composed of two separate parts. The first part is referred to as the Community Improvement Project Area. The Project Area is defined by the geography of an area to which the financial incentive programs would be applied. With this CIP, staff are proposing that lands generally correspond with the lands designated and zoned for Core Mixed Use as the proposed Project Area. If Council concurs with the recommended Project Area, Council must adopt a By-law that approves the boundary for CIP purposes. When the boundary is determined, the existing programs can then be applied to the Project Area through a second by-law, binding the two together.

The Project Area for Southend-Riverwalk CIP, as shown on the mapping, generally represents the neighbourhood’s past and present commercial area that once thrived under different economic times. Brokerage industries and other border/waterfront related employment had seen a bustling Niagara Boulevard, including the leisurely aspects of dining and entertainment along the banks of the Niagara River. As heard through the Secondary Plan process, the area remains inspiring and desirable as a walkable destination for the surrounding residents, where smaller to mid-sized, mixed commercial and residential buildings are found or can be created through renovation and addition. When viewed incrementally, a transformation may take several decades as residential only properties or active commercial buildings become available for transition. Despite any protracted timelines, the framework for this riverfront mixed use environment is essentially in place and programs aim to assist in the transition of some buildings by offering incentive to improve existing commercial buildings in the core area. Small commercial properties and specialty type or boutique style commercial, in a live/work setting can be achieved through opportunities to enhance the present building stock and is a core consideration for program implementation. The proposed CIP Project Area supports the policies of the adopted Southend-Riverwalk Secondary Plan. Refer to the “Notice” maps or other mapping on display here this evening to see the proposed Project Area.

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DOWNTOWN SOUTHEND-RIVERWALK CORE AREA COMMUNITY IMPROVEMENT PLAN - PUBLIC INFORMATION OPEN HOUSE - MAY 9TH , 2018 APPENDIX "3" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018 Downtown Southend-Riverwalk Commercial Core Area CIP

The second part of a CIP is the Programs themselves.themselves The Programs provide criteriacriteria for eligibilityelig and also indicate available funding amounts or formulas using the criteria of the Program(s). Interested persons undertake a pre- consultation and application process in order to qualify for funding. An Evaluation Committee is established to assess the applications and offer their recommendation(s) for approval, approval with conditions or to deny the funding application. That recommendation is provided to the approval authority for consideration on approval. Should the approval authority endorse the recommendation to approve or approve with conditions, an agreement must be signed in order to secure the grant funding for up to one year; six months in the case of signage. If the project is completed as documented and all clearances received, the Town issues the grant at the end of the process. Grants are not provided up-front or incrementally under the Programs the Town has established. The Financial Incentive Programs established, and proposed for implementation here in the Southend-Riverwalk Core Area, include: x Commercial Façade Improvement Grant Program x Commercial Façade Signage Grant Program x Residential Creation and Intensification Grant Program Each Program has its own eligibility criteria and limitations/maximums. Program Details can be found on separate information boards on display.

CIP funding is established throthrough budget allocation annually as a component of the general levy. Town Council will have an opportunity to review the budgetary amount and make a determination on whether to increase, maintain or reduce the amount of annual contribution it makes towards the CIP funding account based on annual reporting on the uptake in program activity. Presently, the budgeted amount of $80,000.00 a year has been placed into the CIP account with unused funding placed in a CIP reserve. In addition to the Town allocating funding for CIP programs, the Region of Niagara also have funding available to assist local municipalities in enhancing total amounts that can be made available. The typical arrangements between the local and regional governments on the programs such as those already in effect and as proposed with this one, has been to share / combine funding on an equal percentage. A typical funding example can be expressed as, 25% Town, 25% Region and 50% applicant to a pre-determined maximum. Just as the Town have a single source pool, so too does the Region with respect to all of its incentive program offerings. For 2018 the Region approved a budget amount of $634,000 (which was later reduced to $444,000) to support their region-wide “Smarter Niagara Incentive Programs”, to be used as partnership source funding, matched by local municipalities. Despite the reduced Regional budget amount, this still has the effect of doubling the available grant dollars the Town has to secure projects until either budget becomes exhausted. The Region and Town operate on a first-come, first-served basis. It is important to note that Niagara Region is presently reviewing their SNIP Programs, which may result in changes to their participation or requirements. The Town will need to undertake review of its own Programs once the Region have made their intentions clear. At this time however, the Town is seeking to establish the current, existing suite of Programs it has available to these Downtown Core Area CIP’s.

ThThe Town T can offerff DDevelopment l t ChCharge (DC)(DC) reduction ddtif ti ffor ththe properties within the CIP as they are encompassed by current DC Schedule Exemption Mapping. The Region, however, no longer includes the Southend-Riverwalk CIP in the DC By-law and DC’s would apply. The Town will make every effort to have the Regional DC By-law somehow recognize the implementation of a new CIP to take advantage of the regional exemption, but a CIP must be approved by the local municipality first. There is no guarantee that will happen in the short term, but the Town will expedite its efforts. DC’s typically apply when new / additional floor space or dwelling units are constructed.

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Following this th evening’s Information Open House, Planning staff will consider feedback from the discussions and comments heard, in addition to any comments from agency stakeholders. For the most part, the Programs will remain unchanged to those implemented in Ridgeway, Bridgeburg and Stevensville. These were developed in 2014 to be “model” programs capable of being implemented in other Downtown Core Areas when a CIP was recommended during Secondary Planning exercises. To this end, the focus will be on the proposed Project Area represented by the Core Mixed Use designation. An Information Report will be prepared for Council and Public, and will be available before the Public Meeting (current scheduled for May 22, 2018). Following the Public Meeting, if changes are made to the draft documents as a result of the information submitted or through different commenting sources, consideration on any such changes will be made and a Recommendation Report will be prepared for the June 2018 Meeting of Council-in-Committee.

Section 28 of the Planning Act provides municipalities with the ability to structure incentive based loans and grants to help stimulate private sector investment in defined locations. Furthermore, the Municipal Act under Section 365.1 also provides opportunity for municipalities to structure incentives through temporary tax relief. It is under these legislative permissions that the Town has acted on implementing the current CIP’s it has in place and those which are in development. Section 6 of the Town’s Official Plan provides the required policy direction under present legislation to effect change and to allow for the municipality to approve Community Improvement Plan Project Areas and implement CIP Programs for those Areas. The development of the Town’s CIP Programs for the Southend-Riverwalk Core Area follows the approval of a Secondary Plan, which established land use and development policy for the entire Southend Neighbourhood. The Southend Secondary Plan contains policy that permits and encourages action & implementation of CIPs for the concentrated, commercialized, mixed use Niagara Boulevard section of the Southend Plan Area.

PlanningPllii stafft fflff welcomel andddi appreciatei t publicblblii comments and invite you to provide your comments in writing to us. Comment sheets are available here this evening and we encourage you to fill one out or take one with you. Contact information for Planning staff is on the comment sheet. You can drop-off, mail, fax or e-mail us with your feedback on this Town initiative. If you wish to receive e-mail notification on future Notices respecting the Town’s processing of the CIPs, please provide an e-mail address on the Sign-in Sheet or with your comment submission.

We appreciate your interest in Community Improvement Planning.

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DOWNTOWN SOUTHEND-RIVERWALK CORE AREA COMMUNITY IMPROVEMENT PLAN - PUBLIC INFORMATION OPEN HOUSE - MAY 9TH , 2018 APPENDIX "3" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018 BRIDGEBURG Downtown Southend-Riverwalk Commercial Core Area CIP EXAMPLE 2015

BEFORE

102 JARIS STREET

DURING

AFTER

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DOWNTOWN SOUTHEND-RIVERWALK CORE AREA COMMUNITY IMPROVEMENT PLAN - PUBLIC INFORMATION OPEN HOUSE - MAY 9TH , 2018 APPENDIX "3" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018 RIDGEWAY Downtown Southend-Riverwalk Commercial Core Area CIP EXAMPLE 2015

BEFORE

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To improve and enhance the quality and aesthetic appeal of the building stock in the commercial / mixed use downtown core area through redesign or restoration that supports a healthy and visually appealing mixed use environment. Maintenance of the commercial building stock provides strength and support to the commerce and tourism activity occurring in the core and fosters community pride. This Program is designed as an incentive to core mixed use and commercial property/building owners within the CIP Project Area.

Façade Improvement Funding will be made available through a one-time matching grant to eligible & approved projects using the following model: 25% - Town of Fort Erie (to a maximum) 25% - Region of Niagara (to a maximum) 50% - Applicant

 (Building Type “A”) Built commercial frontage 25’ (7.62m) or less may qualify for up to $10,000 in grants.  (Building Type “B”) Built commercial frontage between 25’ and 50’ (15.24m) may qualify for $10,000 plus $400/built linear foot of commercial to a maximum of $20,000.  Corner lots may include up to 50% of their linear built commercial flankage at $400/built linear foot, provided the facade is in commercial use or forms the outer wall or commercial use. Maximum of up to an additional $5000 for Building Type “A” and $10,000 for Building Type “B”. Maximum amount shall not exceed $30,000 on any single property eligible under this grant program. Minimum amount eligible for matching grant is $1000. Funding for the Façade Improvement Program is being offered through partnering arrangements made between Local and Regional municipal governments to extend the financial assistance to eligible applicants. Grants are subject to the availability of respective municipal funds reserved for CIP programs. Applications will be reviewed by an Evaluation Committee with recommendations to Council or authorized Council delegate to approve, approve with conditions, or deny, being made by the Committee accordingly. Composition of the Evaluation Committee will be determined as part of the administrative development process. Successful applicants will be required to sign an agreement with the Town and all funding will be paid after project completion.

The eligible improvement costs considered under this program include, but are not limited to:  Concept Design fees for registered professionals (eg.- architect, engineer)  Repair / replacement and new construction of storefronts in general, including masonry, windows, doors, eaves, parapets, sign band creation (not business signage), architectural detailing (cornice, frieze, colonnades, etc;), awnings and canopies where permitted, (subject to conformity with municipal Sign By-law and any required permits or agreements) and any structural or safety repair or replacement required for the improvement.  Cleaning & painting  Improvements that introduce accessibility of building entrances

In effort to strengthen the existing character of the downtown core area, it is important to recognize that improvements to facades shall have regard for context and theme when determining appropriate improvements. Initial consultation with municipal staff shall include discussion on objectives and available documentation to assist proponents in their conceptual and early design stages. Any available reference materials will be discussed with proponents with respect to planned treatment in order to determine if conflicts with consistent, existing theme and styles would be apparent. This does not mean replication is expected, but rather sensitive design should respect area architecture and build on the strengths of the neighbourhood. In order to be considered eligible, the following criteria must be addressed:

 Property must be zoned for Commercial or Core Mixed Use and used commercially, as defined in the applicable by-law. A residence with home occupation does not qualify.  Have storefront used commercially, oriented to the road allowance and comprise the majority of the at-grade floor space;  Property taxes must be paid in full;  Have not received similar funding in the past 10 year period;  Where deemed necessary by staff in pre-consultation, design drawings must be done by qualified persons;  Premises may be subject to inspections by Town Building Officials and Fire Department inspectors;  Contractors selected to perform the work are properly insured;  A minimum of three (3) cost estimates, using the same criteria/terms of reference from qualified contractors to complete the work will be required for submission with the application; and  Following completion of the work, proof that all contractors have been paid in full;  The work must be completed within a year of signing;  Does not include roofing replacement or repair;  Where required, applicant responsible for obtaining all necessary permits to facilitate project/construction work including any temporary obstruction requirements for blocked sidewalks and/or roadways.

The proposed improvements are to be:  Consistent with character and general theme of the existing downtown district and any specific reference materials or studies;  Preserving desirable architectural features or enhancing poorly represented features and facades is encouraged;  Using quality materials that will provide low maintenance and high energy efficiency;  In conformity with Town’s Comprehensive Zoning By-law and/or the Town’s Sign By-law, as the case may be. If proposing encroachment, then any necessary permits for such encroachments as awnings or projecting signs (where permitted) that extend over municipal right-of-ways must be obtained separately.  Using colour schemes that complement the streetscape

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 76 of 135

To provide incentive for property/building owners and merchants (who may otherwise not own, but rather rent/lease space for their businesses), within the CIP, to make improvements to the business signage that will assist in complimenting the building character and downtown atmosphere.

Funding for the Commercial Façade Signage Program will be made through a one-time grant to approved under the Façade Improvement Program, to eligible applicants using the following model: 25% - Town of Fort Erie to a maximum of $1000 per eligible business 25% - Region of Niagara to a maximum of $1000 per eligible business (provided funding has not been exhausted for the property under the Region’s portion of the Commercial Facade Improvement Grant) 50% - Applicant

Minimum amount eligible for matching grant is $500. Funding for the Commercial Façade Signage Program is being offered through partnering arrangements made between Local and Regional municipal governments to extend the financial assistance to eligible applicants. Grants are subject to the availability of respective municipal funds reserved for CIP programs. Applications will be reviewed by an Evaluation Committee with recommendations to Council or Council authorized delegate to approve, approve with conditions, or deny, being made by the Committee accordingly. Composition of the Evaluation Committee will be determined as part of the administrative development process. Successful applicants will sign an agreement with the Town and all funding will be paid after project completion.

The eligible Signage costs considered under this program include, but are not limited to:  Graphic Design related fees;  Materials and labour costs;  Awnings and canopies containing merchant logos or identification;  Restorative cleaning & painting and general refurbishment of existing signage that is deemed by the Evaluation Committee to be in keeping with the overall intent and objectives of the Program.

The following criteria must be addressed to the satisfaction of the Evaluation Committee:

 Property must be zoned for Commercial or Core Mixed Use within the Project Area and used commercially, as defined in the applicable by-law. A residence with home occupation does not qualify.  If not the owner, Applicant must have written consent from property/building owner;  Property taxes payment must be up to date;  Business must be licensed with the Town of Fort Erie;  Business must maintain year-round operation to qualify for full amount. Partial funding may be considered for seasonal operations.  Must conform with Town Sign By-law in effect at time of application approval and if required, applicable encroachment permits be acquired from the Town;  Must be affixed to the building but does not include window signage;  Registered property/building or business owner have not received similar funding in the past 10 year period;  Where deemed necessary through pre-consultation, design drawings must be done by qualified persons;  Will be subject to inspections by Town Building Officials;  Contractors selected to perform the work are properly insured;  A minimum of two (2) cost estimates, be submitted for production and installation;  Contractor must notify and comply with Town Road Superintendent instruction/direction, if any temporary obstructions to the road / sidewalk are anticipated during install.  Following completion of the work, proof that all contractors have been paid in full; and  The work must completed within six (6) months of signing agreement, unless part of an additional facade improvement project, in which case and depending on the scale of facade work, the completion date may be extended to twelve (12) months to coincide with the facade completion deadline;

The proposed signage is:  As per Town of Fort Erie Sign By-law in effect at time of application approval;  Be in keeping with any available guidelines prepared for reference in respective downtown.  Where permitted by By-law, projecting signs, canopies and awnings may require certification from qualified professionals;

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 77 of 135

To stimulate property and building owners to act on increasing the amount of residential apartments available in the CIP Project Area by adding residential dwellings to their commercial buildings, where this can be accommodated and meet with applicable zoning provisions.

Downtown Stevensville Residential Creation and Intensification Funding will be made available through one-time grants for approved, eligible projects using the following model: 25% - Town of Fort Erie to fund $10/sq.ft. of habitable space to a maximum of $5000 or 50% of the habitable floor space per new dwelling unit created and limited to not more than 4 new units per property/building. 25% - Administered by the Town using identical criteria, with supplemental funding equal to the Town grant amount, received through partnering with the Region. 50% - Applicant Funding for the Downtown Stevensville Residential Creation and Intensification Program is being offered through partnering arrangements made between Local and Regional municipal governments to extend the financial assistance to eligible applicants. Grants are subject to the availability of respective municipal funds reserved for CIP programs. Applications will be reviewed by an Evaluation Committee with recommendations to approve, approve with conditions, or deny, being made by the Committee accordingly. Composition of the Evaluation Committee will be determined as part of the administrative development process. Successful applicants will sign an agreement with the Town and all funding will be paid after project completion. Important – When a change in use occurs on a site from a less sensitive use to a more sensitive use (eg- commercial to residential or, the addition of residential to a commercial site) a “Record of Site Condition” (ROSC) may be required to permit residential use. If a ROSC is determined to be required, the applicant may qualify for funding under the Town’s Brownfield CIP Program to assist in environmental study costs, should the level of study required meet with the Brownfield criteria. Determination on requirement of ROSC is the responsibility of the Town’s Chief Building Official.

The eligible costs considered under this program include, but are not limited to:  Design fees for floor space layouts (not permit set) prepared by registered professionals (eg.- architect, engineer);  All building material and labour costs.

In effort to increase the residential dwellings in the immediate downtown vicinity, creating apartments that conform with all Comprehensive Zoning By-law criteria is desirable. To enable such an effort, the following criteria must be addressed:

 Property must be zoned Commercial or Core Mixed Use within the Project Area, and used commercially, as defined in the applicable by-law;  Property taxes must be paid in full;  Property/ Building Owner (Applicant) will not have received similar funding in the past 10 year period;  Design drawings must be done by qualified professionals;  Minimum standards for apartment square footage must meet Town Comprehensive Zoning By- law requirements;  Parking provided on site at the rate identified in the Town Comprehensive Zoning By-law, or through approved Minor Variance and agreements where required;  Must meet with outdoor amenity area requirements of the Town’s Comprehensive Zoning By- law, or through approved Minor Variance;  Premises may be subject to inspections by Town Building Officials and Fire Department inspectors prior to application consideration of Evaluation Committee;  Any deficiencies in Building or Fire Code must be rectified prior to receiving grant funding;  Contractors selected to perform the work are properly insured;  A minimum of three (3) cost estimates, using the same criteria/terms of reference from qualified contractors to complete the work will be required for submission with the application;  Following completion of the work, proof that all contractors have been paid in full;  The work must commence within 6 months of signing the required agreement and completed within a year of signing;  Where required, applicant is responsible for obtaining all necessary permits to facilitate project/construction work; and  May require Record of Site Condition (subject to decision of Town Chief Building Official)

The proposed residential dwellings:  Must meet all necessary Zoning, Building & Fire Code requirements.

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 78 of 135

DOWNTOWN SOUTHEND-RIVERWALK CORE AREA COMMUNITY IMPROVEMENT PLAN - PUBLIC INFORMATION OPEN HOUSE - MAY 9TH , 2018 Downtown Southend-Riverwalk Core Area Community Improvement Plan(CIP) I... APPENDIX "3" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY22,2018 PDS-31-2018 REPORT ADMINISTRATIVE "3" TO APPENDIX

DowntownSouthendͲRiverwalkCommercialCoreAreaCIP DowntownSouthendͲRiverwalkCommercialCoreAreaCIP EXAMPLE E XAMPLE

EXISTINGSITE–RESIDENTIALUSE

Page 79 of135

EXISTINGSITE–RESIDENTIALUSE CONCEPTUALIZEDCOREMIXED USECONVERSION CONCEPTUALIZEDCOREMIXEDUSECONVERSION

DOWNTOWNSOUTHENDͲRIVERWALKCOREAREACOMMUNITYIMPROVEMENTPLANͲPUBLICINFORMATIONOPENHOUSEͲMAY9TH,2018 DOWNTOWNSOUTHENDͲRIVERWALKCOREAREACOMMUNITYIMPROVEMENTPLANͲPUBLICINFORMATIONOPENHOUSEͲMAY9TH,2018 Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... APPENDIX "4" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018

AGENCY AND PUBLIC COMMENTS RECEIVED Agency / Date Received Comments Response Actions Department

Ministry of May 3, 2018 Overall quite supportive of direction being Positive acceptance of CIP direction welcomed. None Municipal Affairs taken

Section 1.2 - MMH suggests clarification on The use of the term "supportive housing" is intended to infer Rewording to clarify intent for commercial support the use of the term "supportive housing". increased residential was a positive reinforcement to sustain through increased residential within and in The context may be construed as being commercial viability for the area and was not specifically identifying proximity. housing geared to address affordable housing tied to affordability need. housing needs. MMA suggests clarification The term does not limit what kind of housing is appropriate, but on the term. rather housing helps in a locale such as this and one of the Programs assists in creating new housing. Despite the request for clarity, staff would offer to say that apartments by their nature can be more accessible in terms of affordability, but the current Programs do not mandate applicants to create" affordable housing".

Section 3.2 - Ministry again seeks to address The Town recognizes the MMA efforts to seek inclusion into this None at this time. Following Regional review of affordable housing and have suggested the CIP, there would be an imbalance in the use of "model" Programs, their incentives, the Town will undertake a Town consider provisions being added to where this CIP would then differ from the others currently in use complete review of its Programs and Criteria. the CIP to promote. and implemented by By-law. The preference would be to make This is expected late 2018, early 2019. changes to the model programs unilaterally and would subsequently force repeal and replace for Programs that were subject of separate processes for their implementation. While staff recognizes the Ministry's efforts and intent, Staff would suggest that a complete review of the Programs is likely towards the end of 2018/early 2019 due to Regional Review of it's Program criteria. Should modification be planned or recommended, it is preferred to be the result of global amendments to the existing CIP's at the time of the Region's final adjustments. Page 80 of 135 Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... APPENDIX "4" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018

Section 5 - Ministry suggests making Town staff are not adverse to making appropriate reference to the None at this time. Following Regional review of reference to the Region's Housing and HHP, but given the short term expectation that the Town's CIP their incentives, the Town will undertake a Homeless Action Plan (HHP) wherein policy Programs will be reviewed all at the same time, Town staff would complete review of its Programs and Criteria. speaks to CIP's as a tool for combating the prefer to maintain the framework and references currently being This is expected late 2018, early 2019. shortage of affordable housing as an action administered until such time. item. Staff would note that creation of apartments in the downtown core area does contribute to rental supply and therefor is in keeping with objectives found within the HHP.

Similarly, MMA indicates reference to the PPS and Places to Grow Town staff will review the current references all its that speak to range and mix should be considered for inclusion into CIP use during the upcoming review. the document. Staff would remind MMA that mix and "age-in- place is key in the Secondary Plan for the Southend and that the CIP is an action item from that key document. We have not ignored the signifiacnce and goals of housing mix to accomodate all life cycle needs.

Section 6 - MMA indicate that a maximum Staff would not share in that interpretation. Maximum amount is None at this time. amount for residential is not apparent in stated and maximum eligible units are as well. Staff believe the the Residential Intensification. description is appropriate. Also raise point on permissions for With respect to MMA's observation that not all zoning includes Staff notes the need for additional clarification and permissions for residential, staff concurs there is a need to address will make changes to the wording in all CIP's at the this with additional wording as suggested by MMA. However, this time of full review. CIP does not propose contains only Core Mixed Use zoning, which promotes residential and therefore not in jeopredy of conflict.

Section 7.2 - MMA suggests the Town may Town staff would respond that some muncipalities are not even Acknowledge as a consideration. No changes wish to include an Evaluation Committee using Committees in review of applications and that the Town's proposed to Evaluation Committee at this time. Member that has expertise in housing. Committee contains appropriate representation for the intended This can be revisited when the Program Reviews results. While this suggestion is acknowledged as being an effort to are underaken within the coming year. raise awareness for affordable housing through advocacy, it may

Page 81 of 135 not be feasible with resources on hand. The CBO and Neighbourhood Planner bring awareness on housing and the fact that the Program is even offered to assist in residential creation, is a positive step in addressing affordability, just not subsidized.

Definitions/Glossary of Terms - MMA Staff can make this modification, as it does not has impact on the Edit CIP document as suggested. Edit existing suggested editing to remove the wording Programs or Process being undertaken currently or with this CIP documents when review is being undertaken. "Ontario" in front of "Planning Act" being implemented. Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... APPENDIX "4" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018

MMA suggests the Town consider Staff are not adverse, however the Programs proposed are None at this time. additional Planning Tools measured in their intent and staff will include thourough review of the "tools" when review of all programs is undertaken

Fort Erie Fire May 3, 2018 Sought clarification on status of Regional Staff provided clarification on status of Regional Budgets for 2017 None at this time. Department Budget for Programs as he was aware there and 2018. was a budget shortfall regionally last year. Otherwise, supports the CIP and anticipates colateral improvement to fire safety conditions as a result of Programs

Fort Erie May 10, 2018 Supports as per existing funding model and Staff confirms no increase to budget in order to implement. None at this time. Corporate no increase to budget Servicies/ Treasurer Page 82 of 135 APPENDIX "5" TO ADMINISTRATIVE REPORT PDS-31-2018 DATED MAY 22, 2018

DOWNTOWN SOUTHEND-RIVERWALK CORE AREA CIP NOTIFICATIONS AND CIRCULATION DETAILS

The following steps were taken to notify public, stakeholders and agencies of the Town’s initiative to prepare and seek implementation of the Southend-Riverwalk Core Area CIP. Staff Notice and Circulations followed the requirements of the Planning Act and the Enhanced Notification Policies of the Town.

Open House Notification, Public Meeting Notification & Circulations

 Open House and Public Meeting Notice published in the Fort Erie Post on April 26, 2018;

 E-Board posting at Municipal Centre Drive and Garrison Road;

 Town Twitter and Facebook Social Media outlets;

 Arena, Library and Town Hall Annex postings;

 Direct mailing to eligible property owners within the proposed Project Area;

 Agency circulations for comment with Open House and Public Meeting Notice, Including Ministry of Municipal Affairs and Niagara Region;

 Department circulations for comment with Open House and Public Meeting Notice;

 Circulations for comment with Open House and Public Meeting Notice to Town Committees (FEAT, EAC & MSHC);

 Circulations for comment with Notice to Town BIA’s; and

 Notice of Public Meeting to Regional Clerk.

Downtown Southend-Riverwalk Core Area Community Improvement Plan (CIP) I... Page 83 of 135 The Municipal Corporation of the Town of Fort Erie Business Status Report Planning and Development Services May 22, 2018

Forecasted Reports Source Status

260-262 Gorham Road Public Meeting, Information Report, Presentation Application June 11, 2018 1201 Ridge Road North Public Meeting, Information/Recommendation Report, Application June 11, 2018 Presentation 396 Ridge Road Public Meeting, Information/Recommendation Report, Application June 11, 2018 Presentation Draft Terms of Reference (Affordable Housing Committee) Council Request June 11, 2018

Alliston Woods Extension of Draft Plan Approval Application June 11, 2018

Riverwalk CIP Recommendation Report (Tentative) Council Request June 11, 2018

2018-Q1 Subdivision, Building & By-law Activity-Quarterly Report (Tentative) Council Request June 11, 2018

Crystal Ridge Landing Extension of Draft Plan Approval (Tentative) Application June 11, 2018

Implementation By-law for Riverwalk CIP (tentative, pending approval) Council Request June 18, 2018 Staff Initiative/Council Award of Contract Industrial Land Review June 18, 2018 Request

Page 84 of 135 Prepared By: Respectfully Submitted By:

Original Signed Original Signed

Richard F. Brady M.A., MCIP, RPP, Tom Kuchyt, C.E.T., Director, Planning and Development Services Chief Administrative Officer

Infrastructure Services

Prepared for Council-in-Committee Report No. IS-13-1-2018 Agenda Date May 22, 2018 File No. 310302

Subject

TO PROVIDE COUNCIL WITH INFORMATION FROM THE MEETING WITH BEACHCOMBERS TO DISCUSS THEIR REQUEST FOR A SUBSIDIZED RENTAL RATE FROM THE RATE RECOMMENDED IN REPORT IS-13-2018.

Resolutions

THAT Council receives this report for information purposes.

Relation to Council’s 2015-2018 Corporate Strategic Plan

Priority: B: Effective, Sustainable Infrastructure

List of Stakeholders

1) Mayor and Council of the Town of Fort Erie 2) The Ratepayers of the Town of Fort Erie 3) Stevensville Hall Patrons 4) Beachcombers Seniors Club

Prepared by: Submitted by: Approved by:

Original signed by: Original signed by: Original signed by:

Sean Hutton, Kelly M. Walsh, P.Eng. Tom Kuchyt, CET Manager, Parks and Director, Infrastructure Chief Administrative Facilities Division Services Officer

Purpose of Report

To provide Council with information from the meeting with Beachcombers to discuss their request for an alternative rental rate from the rate recommended in report IS-13- 2018.

To Provide Council with Information from the Meeting with Beachcombers t... Page 85 of 135 Infrastructure Services Page 2 of 4 Report No. IS-13-1-2018

Analysis Background In late 2017, Staff was contacted by members of the Beachcombers Senior Club. The group was looking for an indoor location to play Pickleball during the winter months. Staff arranged to meet with the group at the Stevensville Memorial Hall on November 16, 2017. The members felt they could easily utilize the space for one Pickleball court. A test to see if the space would work was arranged for February 13, 2018. This trial run revealed that the space was indeed sufficient for one Pickleball court.

Pickleball Court Setup One of the concerns related to the startup of Pickleball within the community hall is that there are currently no lines to delineate the court of play. Staff are reluctant to install permanent lines as this may detract from future rentals of the space (weddings, etc.). However, less conspicuous markers can be installed allowing for the quick setup of lines for play. Further, the original parquet flooring is scheduled for replacement in the approved 2018 capital program. Staff is investigating the option of setting up a pattern within the new floor tiles which might further work for Pickleball play.

Determination of a Rate Structure In order to determine a rate structure for this new initiative, staff endeavoured to meet Councils objective of cost recovery in developing a user fee. Neighbouring communities were contacted to determine what rates are currently being used. Two communities have implemented an individual user fees or “drop in” rate ($3.00 to $5.00 per person for a 2 hour session); however, these rates are currently being utilized at facilities where staff is already on site for regular program work (Port Colborne and Niagara-on-the-Lake). Some communities also offer an hourly rental rate for groups that wish to utilize the space exclusively. Considering that the facility is typically not staffed, and a staff member would have to travel out to the site to open/close the facility, an hourly rate with a 2 hour minimum is the best option for our circumstance. The hourly rate of $14.00 per hour is derived from minimum staffing charges the Town will incur for a rental and estimated incremental utility costs, materials and supplies.

Community Group Alternative At the Council-in-Committee meeting of April 16, 2018, Mr. Richard Paterak, a delegate on behalf of the Beachcombers requested consideration for a reduced rate of $1.00 per member per event on a ‘pilot project’ basis. This fee would be collected by the Beachcombers and remitted to the Town on a monthly or quarterly basis. Council requested staff obtain information on this option through a follow-up meeting with the Beachcombers and return to Council with a recommendation.

Meeting with Members of Beachcombers Staff and members of the Beachcombers met on April 23, 2018. The Beachcombers renewed their interest in an alternative rate of $1.00 per participant per event at the Stevensville Hall. The Beachcombers proposal equates to about $5.00 per hour should the optimum number of participants (ten) attend a session.

To Provide Council with Information from the Meeting with Beachcombers t... Page 86 of 135 Infrastructure Services Page 3 of 4 Report No. IS-13-1-2018

Possibilities of renting other community halls such as the Crystal Ridge Community Centre (CRCC) or the gym at the Fort Erie Native Friendship Centre (FENFC) were also discussed at this meeting. The CRCC refused to rent their community hall out to the Beachcombers for pickleball and the Beachcombers felt it was too far to travel to the FENFC, which as a true gym, is ideal for such an activity.

Use of the full hourly rental rate with a grant application to subsidize the use was also discussed. This option would require Beachcombers resources to administer the grant application process for what would become a nominal fee. The Beachcombers did not feel this scenario was ideal either.

Although a reduced fee would increase usage of the facility, operating costs would still be incurred and there would be no way for staff to determine the number of participants at each session. Staff feel that the Beachcombers proposal is problematic in that it leaves little room for accountability, there is no interest in encouraging attendance and that if attendance does drop off, the booking would continue without need.

It is staff’s recommendation that the hourly rate contained within report IS-13-2018 be maintained for all renters of the facility.

Financial/Staffing Implications

The Stevensville Memorial Hall currently budgets $12,500 for user fees annually. These revenues are typically exceeded by operating expenses (utilities, staffing, maintenance, etc.) budgeted at $66,750 for 2018. Due to the irregular rental schedule of the Stevensville Memorial Hall, most staffing costs are related to Casual employee wages. Thus, staff would not require a budget amendment for 2018 since no additional staff would be hired, and incremental staffing costs would be offset by revenues. If successful, the 2019 operating budget will be adjusted to reflect the estimated increase in revenues and expenses.

Policies Affecting Proposal

By-law No. 90-2015 adopted Council’s 2015-2018 Corporate Strategic Plan. This project meets Council’s goals and initiatives as it goes to providing effective, sustainable infrastructure.

Comments from Relevant Departments/Community and Corporate Partners

Corporate Services support the recommendation of administering the hourly rate to all customers.

Communicating Results

The Communications Advisor will assist in communicating the new rental options to the public through a social media campaign.

To Provide Council with Information from the Meeting with Beachcombers t... Page 87 of 135 Infrastructure Services Page 4 of 4 Report No. IS-13-1-2018

Alternatives

Council has the option of not authorizing the use of the community hall for sporting activities and rejecting the addition of an hourly rate. Since the community hall currently has the capacity within its schedule to add floor rental events, an increase in public utilization of the facility should be encouraged.

Council may still wish to implement a reduced rate as requested by the Beachcombers, two options exist;

Option 1 Implement a $1.00 per participant charge per event as requested by the Beachcombers. This option does not reflect the true facility costs and revenues and staff have no way of verifying the number of participants at each event. This option would be implemented strictly on the honour system.

Option 2 Maintain the hourly rate for hall rentals recommended within this report and provide an annual grant to the Beachcombers to be utilized for subsidizing their hall rentals for pickleball to $5.00 per hour ($10.00 per event). This option maintains adequate accounting of the facilities costs and revenues and eliminates the requirement to account for the number of participants at each event. Staff could simply charge the Beachcombers at the subsidized rate monthly based on the number of hours booked, and remove the balance owing from the grant fund until it has been expended for the year. This option would be the staff preferred alternative should Council wish to provide use of the facility at a reduced rate.

Conclusion

Staff recommend Council accept report IS-13-2018 with a hall rental of $14 per hour and if Council wishes to subsidize the Beachcombers rental that it be done through a grant or reduced rate rather than the honour system proposed by beachcombers

Attachments

N/A

To Provide Council with Information from the Meeting with Beachcombers t... Page 88 of 135 Infrastructure Services

Prepared for Council-in-Committee Report No. IS-13-2018 Agenda Date April 16, 2018 File No.

Subject

ADDITION OF AN HOURLY FLOOR RENTAL RATE AT STEVENSVILLE MEMORIAL HALL TO THE CONSOLIDATED SCHEDULE OF FEES AND CHARGES

Resolutions

THAT Council approves an amendment of the Consolidated Schedule of Fees and Charges to the Fees and Charges By-law No. 40-09, as amended, to include an hourly rate for floor rentals at the Stevensville Memorial Hall of $14.00 per hour (indexed to inflation) with a 2 hour minimum rental.

Relation to Council’s 2015-2018 Corporate Strategic Plan

Priority: B: Effective, Sustainable Infrastructure

List of Stakeholders

1) Mayor and Council of the Town of Fort Erie 2) The Ratepayers of the Town of Fort Erie 3) Stevensville Hall Patrons 4) Beachcombers Seniors Club

Prepared by: Submitted by: Approved by:

Original signed by: Original signed by: Original signed by:

Sean Hutton, Kelly M. Walsh, P.Eng. Tom Kuchyt, CET Manager, Parks and Director, Infrastructure Chief Administrative Facilities Division Services Officer

Addition of an Hourly Floor Rental Rate at Stevensville Memorial Hall to... Page 89 of 135 Infrastructure Services Page 2 of 3 Report No. IS-13-2018

Purpose of Report

To request Council’s approval to amend the Fees and Charges By-law No. 40-09, as amended, to include an hourly rate for floor rental at the Stevensville Memorial Hall of $14.00 per hour with a 2 hour minimum rental within the Consolidated Schedule of Fees and Charges.

Analysis Background In late 2017, Staff were contacted by members of the Beachcombers Senior Club. The group was looking for an indoor location to play Pickleball during the winter months. Staff arranged to meet with the group at the Stevensville Memorial Hall on November 16, 2017. The members felt they could easily utilize the space for one Pickleball court. A test to see if the space would work was arranged for February 13, 2018. This trial run revealed that the space was indeed sufficient for one Pickleball court.

Pickleball Court Setup One of the concerns related to the startup of Pickleball within the community hall is that there are currently no lines to delineate the court of play. Staff are reluctant to install permanent lines as this may detract from future rentals of the space (weddings, etc.). However, less conspicuous markers can be installed allowing for the quick setup of lines for play. Further, the original parquet flooring is scheduled for replacement in the approved 2018 capital program. Staff are investigating the option of setting up a pattern within the new floor tiles which might further work for Pickleball play.

Community Group Alternative Council may desire a more favourable rate for recognized community groups, like the Beachcombers, wishing to rent the hall on a regular basis. The justification for a reduced cost for a recognized community group could be that the group will be responsible for any damages or security issues arising from their use of the site. Should the group use the space responsibly and secure the facility following each usage by their members, staffing costs could be greatly reduced. The facility would only require periodic inspections by staff. Should Council wish to offer a reduction to community groups, it is recommended that Council address this type of reduction through a grant to the group thus enabling the facility to properly reflect actual rental revenues rather than a reduction in rate that applies to all renters. Addition of an Hourly Floor Rental Rate at Stevensville Memorial Hall to... Page 90 of 135 Infrastructure Services Page 3 of 3 Report No. IS-13-2018

Financial/Staffing Implications

Policies Affecting Proposal

By-law No. 90-2015 adopted Council’s 2015-2018 Corporate Strategic Plan. This project meets Council’s goals and initiatives as it goes to providing effective, sustainable infrastructure.

Comments from Relevant Departments/Community and Corporate Partners

N/A

Communicating Results

The Communications Advisor will assist in communicating the new rental options to the public through a social media campaign.

Alternatives

Council has the option of not authorizing the use of the community hall for sporting activities and rejecting the addition of an hourly rate. Since the community hall currently has the capacity within its schedule to add floor rental evets, an increase in public utilization of the facility should be encouraged.

Council may alter the recommended hourly rate; however, the goal of cost recovery should be the target for user fees.

Conclusion

Staff recommends Council update Schedule IS-F of the Consolidated Schedule of Fees and Charges to By-Law No. 40-09, as amended, to include an hourly floor rental rate of $14.00 per hour with a two hour minimum, indexed to inflation.

Attachments

N/A

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Prepared for Council-in-Committee Report No. IS-17-2018 Agenda Date May 22, 2018 File No. 360101

Subject

AWARD OF TENDER FOR NORTH MILL STREET WATERMAIN REPLACEMENT - CONTRACT NO. ISE-18T-NMLL22

Recommendations

THAT Council accepts and approves the tender submission for the North Mill Street Watermain Replacement Project – Contract No. ISE-18T-NMLL22 from Vic Vatrt Contracting Ltd. in the amount of $833,738.58 (including 13% HST); and further

THAT Council authorizes and approves an amendment to the 2018 Capital Budget to supplement the North Mill Street Watermain Replacement Project – Contract No. ISE-18T-NMLL22 by $241,000.00 from the Road Reserve ($127,000.00) and Storm Sewer Reserve ($114,000.00).

Relation to Council’s 2015-2018 Corporate Strategic Plan

Priority: B: Effective, Sustainable Infrastructure Goal: B1: Continue to address the infrastructure gap through planned, responsible financing Initiatives: B1.3: Ensure infrastructure reserves match requirements

List of Stakeholders

1) Mayor and Council of the Town of Fort Erie 2) Ratepayers of the Town of Fort Erie 3) Residents within the Project Area 4) Vic Vatrt Contracting Ltd. 5) Remaining bidders on this project

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Prepared by: Submitted by: Approved by:

Original signed by: Original signed by: Original signed by: Monirul Islam, P.Eng. Kelly M. Walsh, P.Eng. Tom Kuchyt, CET Project Manager Director, Infrastructure Chief Administrative Services Officer

Original signed by: Jason D. Marr, P.Eng. Manager, Engineering Division

Purpose of Report

The purpose of this report is to advise Council of the tender process for the North Mill Street Watermain Replacement Project and to request Council’s approval to award the tender submission for Contract No. ISE-18T-NMLL22 to the lowest bidder, Vic Vatrt Contracting Ltd. of Welland, Ontario in the amount of $833,738.58 (incl. 13% HST).

Council approval is requested for an amendment to the 2018 Capital Budget to supplement the project from various reserves to account for the difference between the project costs and the approved budget.

Analysis

Background

The 150mm cast iron watermain on North Mill Street was installed between 1940 and 1959. This 400m length of cast iron watermain has been the source of 9 breaks in the last 8 years and needs to be replaced. The poor condition of the road was another factor in selecting North Mill Street for construction. The condition of the road has been the basis of numerous complaints from residents and is in poor condition and needs to be reconstructed. Based on the condition of the pavement structure, it has been decided that a full road reconstruction should be completed instead of a mill and overlay. In addition, during a Public Information Centre (PIC) held on February 26, 2018, residents reported that there are prevailing storm drainage issues that need to be resolved. This storm drainage component as well as the full road reconstruction was not included in the original scope of work during the time of budgeting.

The scope of work for this project includes: • Full road reconstruction from Dominion Road to the northern limit of North Mill Street • Replacing the existing watermain and services to the property lines

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• Replacing the existing storm sewer and constructing new storm sewer and ditches

Tender Call

This project (NMLL22) has an approved budget of $596,000.00. Based on the revised scope of work including the storm sewer improvements and full road reconstruction in lieu of resurfacing, the estimated construction cost was $690,000 (excluding taxes).

Tender No. ISE-18T-NMLL22 was issued in accordance with and adhered to the provisions of the Town of Fort Erie’s purchasing by-law (By-Law No. 2-10, Being a By- Law Respecting the Purchase of Goods, Services and Construction). Tenders closed on April 26, 2018 at 2:00 p.m. local time and were publicly opened shortly thereafter. A total of three tenders were received. The tender from Alfidome Construction Ltd. was received but not opened as they did not pre-qualify through the Contractor Safety Program as specified in the tender. The remaining two compliant tenders were checked for mathematical errors and tender specification conformance. A detailed spreadsheet, including unit prices submitted by the contractors is available for review by members of Council in the Infrastructure Services Department. The tender summary is presented in Table 1 below:

Table 1: Tender Summary ISE-18T-NMLL22 Total Project Funds $596,000.00 Submitted Tenders Tender Price Tender Price Contractor (including 13% HST) (net of non-rebatable taxes) Vic Vatrt Contracting Ltd. $833,738.58 $750,807.41 Peters Excavating Inc. $931,633.02 $838,964.39

The low bidder, Vic Vatrt Contracting Ltd., is an experienced contractor and has completed similar contracts to the Town of Fort Erie’s satisfaction.

Financial/Staffing Implications

Total project funds available for this project are $596,000.00. A summary of total project costs and funding sources are noted below in Table 2 and Table 3.

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Table 2: Project Costs Project Component Cost Construction $750,807.41 Town Staff - Design, Project Management & $70,000.00 Construction Administration Geotechnical Investigations and Materials Testing $15,000.00 MOECC Permit Fees $1,100.00 Total Project Costs $836,907.41 All amounts include non-rebated HST

The Reserve Funds noted in Table 3 below:

Table 3: Project Reserve Funds North Mill Street Watermain Replacement (ISE-18T-NMLL22) Reserve Funds Breakdown Reserve Component

Storm Reserve Water Reserve Road Reserve

$0.00 $378,000.00 $218,000.00 Total Reserve Funds $596,000.00

Table 4: Variance Projection North Mill Street Watermain Replacement (ISE-18T-NMLL22) Variance Total Estimated Project Cost Total Project Funds Variance $836,907.41 $596,000.00 ($240,907.41) All amounts include non-rebated HST

As noted in Table 4, the unfavourable variance for this contract is ($240,907.41). The main factors that directly result in the negative variance are inclusion of the storm sewer component considering prevailing local storm drainage issues and road reconstruction instead of resurfacing that were not included in the original scope of work.

Due to the above noted variance, staff recommends an amendment to the 2018 Capital Budget to supplement the project by $241,000 from the Road Reserve ($127,000) and Storm Sewer Reserve ($114,000). Based on December 31, 2017 audited financial statement, there is a reserve fund closing balance for Road Refurbishing ($1,880,491) and Storm Sewer Refurbishing ($736,351) and these amendments do not negatively affect any forecasted works.

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Policies Affecting Proposal

By-law No. 90-2015 adopted Council’s 2015-2018 Corporate Strategic Plan. Effective, Sustainable Infrastructure is a priority in the plan. The award and completion of this project supports the ongoing Infrastructure Priority in addressing the initiatives as identified under Goal B1.

The provisions of the Town of Fort Erie’s Purchasing Policy (By-Law No. 2-10, being a By-Law Respecting the Purchase of Goods, Services and Construction) were adhered to during the tender process for this project.

Comments from Relevant Departments/Community and Corporate Partners

The Town of Fort Erie’s Corporate Services Department were consulted throughout the tender process.

Communicating Results

A Public Information Centre (PIC) was organized on February 26, 2018 at Crystal Ridge Branch Public Library meeting room to review the project plans and designs. The PIC notice was published in the Fort Erie Post on February 08, 2018 and February 15, 2018, posted on Town’s website and hand delivered to the residents living within the project boundary. Residents had an opportunity to review the project plans and designs, discuss the project with the project team and pass on their comments. At the PIC, residents pointed out that there are prevailing storm drainage issues within the project area that need to be resolved. Based on the results of discussion at the PIC, original project plan has been updated with adding a storm drainage component and changing road resurfacing to road reconstruction.

As this project is a Municipal Class Environmental Assessment (MCEA) Schedule A+ pre-approved project, a PIC is not required to meet the requirements of the MCEA process but nonetheless provides value to both the design team and community.

Staff will keep the general public informed of construction and detour routes prior to and at the end of construction.

The project is anticipated to begin in the spring of 2018 and be completed by the end of December, 2018.

The following additional points of contact will be completed for the project:

• Hand delivered notices will be provided to directly impacted residents; • Project updates provided on Town’s website.

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Alternatives

Council has the option of not authorizing the award of this contract and postponing the construction. However, given that as needs have been identified and efforts expended in the completion of the design and tendering of this project and the construction cost is not unreasonable, staff does not recommend deferring this project.

Conclusion

Staff recommends that Contract No. ISE-18T-NMLL22 for the North Mill Street Watermain Replacement Project be awarded to the low bidder, Vic Vatrt Contracting Ltd. at the tendered amount of $833,738.58 (incl. 13% HST) for the works itemized herein.

Council approval is requested for an amendment to the 2018 Capital Budget to supplement the North Mill Street Watermain Replacement Project – Contract No. ISE- 18T-NMLL22 by $241,000.00 from the Road Reserve ($127,000.00) and Storm Sewer Reserve ($114,000.00).

Attachments

N/A

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Prepared for Council-in-Committee Report No. IS-18-2018 Agenda Date May 22, 2018 File No. 230803

Subject

FORT ERIE ACCESSIBLE SPECIALIZED TRANSIT SERVICE (KNOWN AS FAST) – AWARD OF SERVICE AGREEMENT FOR THE PROVISION, MAINTENANCE AND OPERATION OF THE SPECIALIZED TRANSIT SERVICE

Recommendations

THAT Council accepts and approves the submission from BTS Network Inc. for the provision, operation and maintenance of the Fort Erie Accessible Specialized Transit (known as FAST) in the amount of $1,742,799.00 (including 13% HST) for a five-year term (January 1, 2019 to December 31, 2023), and further

THAT Council directs staff to prepare the necessary By-law and Agreement for execution by the Mayor and Clerk.

Relation to Council’s 2015-2018 Corporate Strategic Plan

Priority: Effective, Sustainable Infrastructure Goal: B5: Continue to address the need to expand our intra and inter municipal transit Initiative: B5.3: Seek ways to improve and fund our municipal transit system and determine alternate modes of transportation to ensure access for the entire community

List of Stakeholders

1) Mayor and Council of the Town of Fort Erie 2) Town of Fort Erie Residents 3) Transit and Specialized Transit Riders 4) Town of Fort Erie Transit Providers 5) Town of Fort Erie Municipal Departments 6) Regional Municipality of Niagara 7) BTS Network Inc. 8) Remaining Proponents

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Prepared by: Submitted by: Approved by:

Original signed by: Original signed by: Original signed by:

Carla Stout, DPA Kelly M. Walsh, P. Eng. Tom Kuchyt, CET Administrative Supervisor – Director, Infrastructure Chief Administrative Officer IS & Transit Program Services Manager

Purpose of Report

The purpose of this report is to advise Council of the Request for Proposal (RFP) process for the provision, maintenance and operation of the Fort Erie Accessible Specialized Transit (known as FAST) – Request for Proposal No ISE-18P-FAST19, and to request Council’s authorization to award the provision of these services for the five- year term to BTS Network Inc. of Vaughan, Ontario in the amount of $1,742,799.00 (including 13% HST).

Analysis

Current Service Provision The Canadian Red Cross (CRC) has provided specialized transit for the Town of Fort Erie since 2007. They operate the service under By-law 117-2012. The most recent contract commenced in January of 2013 and will terminate in December of 2018. Service is provided by three vans on three shifts (Monday to Saturday between 06:00 a.m. and 21:00 p.m.) at a contracted cost of $312,066.00 for 2018. The CRC runs two Town-owned FAST vans leased to the CRC. One van is owned and provided by the CRC.

CRC charges a flat $2.75 fare (with discount fares available) to ensure fare parity between the FAST service and the Town’s conventional transit. This fare came into effect on October 2, 2017 and is AODA legislated. Fares on Town-owned FAST vehicles are returned to the Town as revenue annually. In 2017, fare revenues were $10,368.00.

Registrants on the service increased from 191(July 2007) to 652 (December 2016). Ridership on three fulltime vans (6000 hours annually) in 2016 was 10,139 trips. This service is designed for eligible Fort Erie residents who need to travel within Town for medical appointments, or to gain access to education or employment. Trips for other purposes are provided subject to availability on a first come, first serve basis.

Master Plans 2011 and 2016 The Town has conducted two master planning studies since 2011 for the purpose of recommending and/or setting service levels for conventional, specialized and intermunicipal transit service.

In 2011, feedback from stakeholders indicated that the quality of the current FAST service was fully satisfactory but that additional capacity in service hours (mornings and evenings) and Saturday service were desirable at the time. These additional service

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hours were again recommended in the 2016 master plan provided to Council and were realized in October 2017 when the conventional contract was expanded and FAST hours were increased for parity. A further need for Sunday service was planned for in the 2016 plan for 2019 and beyond but will likely be driven by conventional service hours to be established.

The Consultant further noted that it may be “desirable to tender the services from time to time. The cost of the service relative to general industry service costs should continue to be monitored in the future to ensure the Town receives good value for money through this contract”. As the CRC had delivered the service for ten years with no tender applied to the provision of this service, staff felt the end of this contract term was appropriate to seek proposals ensuring transparency in awarding the FAST program and seeking favourable contract costs for another 5-year term. Proposal Call Process and Results Request for Proposal ISE-18P-FAST19 was issued on March 27, 2018 and was advertised in accordance with the Town’s Purchasing By-Law. Thirteen (13) interested proponents received full proposal packages directly from Biddingo. The closing date for the Request for Proposal was April 26, 2018 with five (5) proposals being submitted on or before that date.

The RFP required detailed information on the following requirements regarding service provision, vehicle specifications and the bidder’s ability to meet stringent legislative requirements under the AODA 2005 (Accessibility for Ontarians with Disabilities Act) and specialized public transit provision under provincial law:

• Bidder’s service delivery plan to become effective January 1, 2019 • Bidder’s experience in specialized transit provision (contracted and general) • Description (accessibility, design, features) of vehicles and facilities to be provided • Description and a demonstration of excellence in the staffing/ management plan • Transition period planning for seamless take-over for ridership • Insurances, letters of credit, technologies and any value added items that would be provided to support the service

The successful bidder would be contracted to provide specialized transit and vehicles to the Town’s satisfaction as well as provide reporting to the Town keeping their service fully compliant with all provincial legislation.

A proposal Evaluation Committee was established with staff members from Infrastructure and Community Services in order to review and evaluate the submissions’ on vehicle, accessibility and technical services proposed. In accordance with the RFP’s specifications and the Town’s Purchasing By-Law, a two-envelope system was utilized for the proposal submission. The first envelope contained a technical proposal outlining, in detail, the consultant’s services to be provided and the second envelope contained the potential cost to the Town. The individual Evaluation Committee members’ scores were averaged to form the average score for each proposal. The total

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score and overall ranking of the proposals was determined by combining the average score with the weighted cost score.

The proposals were further rated technically on the Proponent’s: • implementation (transition period) plan; • their service design, customer service planning and delivery scheme; • their capability, qualifications and experience; • the fleet, technologies, facilities and preventative/ corrective maintenance plans proposed; and • any value added components or additional levels of service they could provide.

Should Council wish to review the proposal submissions in detail, each of the proposal submissions can be made available in the Engineering Division office. The following Table 1 summarizes the result of the evaluation process:

Table 1: TOWN OF FORT ERIE – ISE-18P-FAST19 FORT ERIE ACCESSIBLE SPECIALIZED TRANSIT SERVICE (FAST) PROPOSAL EVALUATION SUMMARY Technical Cost Total Overall Score Score Score Ranking (out of 750) (out of 250) (out of 1000) BTS Network Inc. 612 250 862 1 Tokmakjian Inc. 645 207 852 2 947465 Ontario Limited o/a 635 207 842 3 Voyago Regional Limousine* 445 Not Applicable 445 4 Sharp Bus Lines Limited* 402 Not Applicable 402 5 *Evaluation of proposals stopped if minimal technical score was not 550 or greater and cost envelopes were not opened as per the terms of the RFP.

The RFP process also provided for a reference check that would not impact the technical scores. Satisfactory references were obtained for BTS Network Inc.

Successful Proponent - Proposed Service The Successful Proponent is BTS Network Inc. (BTS). BTS has over 50 years of transportation experience including paratransit provision to municipalities and regionally in Fort Erie via Niagara Specialized Transit (regional service). Per their submission, BTS has committed to the following in their service, implementation and delivery plan:

Transition Plan: BTS has provided a detailed implementation plan which includes, but is not limited to, bi-weekly meetings with Town staff to: • install their local office presence and customer dispatch services, assuming the FAST telephone number to provide ease of transition for the riders; • initiate the transfer of the customer databases onto their software (CanRide);

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• coordinate FAST into their centralized customer service call centre for after-hours management ( monitored 365 days a year/ 18 hours live per day); • hiring and training of staff according to their rigorous standards (supervision, drivers, administrative); and • purchase, license and insure the fleet.

Vehicles Proposed: To effectively run the service and provide for the trips requested (averaging 10,000 per year), the current compliment of 3 vans (plus one spare in service for breakdown/ emergencies) are required and was noted as the minimal level of service in the RFP. BTS has indicated they plan to provide 3 brand new vehicles (2018-19 Dodge ProMasters 2500) with spare coverage to be provided from their local Niagara fleet as needed.

Fuelling/ Maintenance: Fuel and maintenance of the fleet is included in the contracted cost. In case of breakdown, BTS has a mobile service truck in Niagara to address minor repairs and sufficient fleet management, mechanics and contracted services in place to ensure no loss of service for the FAST program. BTS employs a comprehensive fleet preventative/ corrective maintenance system and has protocols in place with drivers to ensure the safety and lifecycles of their fleet.

Staffing & Training: BTS has demonstrated a commitment to health & safety, driver training which is legislatively compliant going above and beyond expectations, quality assurance and retention of staff to create a culture of continuity for riders and to engender the confidence of the public. Their staff dedicated to supervising the implementation and delivery of the FAST service is experienced and qualified and is committed to providing representation on Town committees as appropriate.

Customer Service & Dispatch: BTS will use CanRide as a booking, reporting and customer management system. This system, along with onboard GPS, provides for onstreet monitoring and managing on-time delivery of the service for riders. BTS reports a 95% on-time performance rating with an impressive 0.22% complaint rating. BTS has offered to install onboard cameras and to participate in any future smartcard fare system the Town may wish to apply to the service.

The service proposed by BTS meets the legislated parity of service hours with the conventional service. BTS has quoted service hours in operation from 06:00 am to 21:00 pm Monday to Saturdays excluding Sundays and statutory holidays.

Financial/Staffing Implications

Below are the annual contract costs of the recommended proponent, BTS Network Inc., received through the RFP process for ISE-18P-FAST19.

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Table 2: BTS Network Inc. – Proposal Pricing CONTRACT YEAR Annual Pricing January 2019 – December 31, 2019 $300,000.00 January 2020 – December 31, 2020 $303,500.00 January 2021 – December 31, 2021 $308,000.00 January 2022 – December 31, 2022 $312,800.00 January 2023 – December 31, 2023 $318,000.00 SUBTOTAL (1) $1,542,300.00 13% HST $200,499.00 SUBTOTAL (2) Including 13% HST $1,742,799.00 Net rebatable taxes $27,144.48 TOTAL $1,569,444.48

The Town of Fort Erie receives provincial gas tax funding annually based on population and transit ridership. In 2017, $150,600 of the $270,544 received in funding was applied to the FAST operating budget. The current government has announced a doubling of this funding by 2021, with partial increases to take effect in 2019. Staff will apply gas tax funds to transit programs based on funding announcements from the Province.

Fare revenue was expected to increase slightly due to the fare increases installed for parity ($3.00 effective September 1, 2018) and were estimated conservatively ($15,000 per annum) in budgets going forward for 2019 and beyond. The contract with BTS assumes that the new Operator will retain all fares to offset the cost of the service.

The Town budgeted and added supplemental funds in the 2018 Operating Budget for the annual specialized transit contract. Forecast at that time for 2019, $340,292.00 was based on the current agreement and service level in place.

Table 3: 2018 Specialized Transit Operating Budget (2019 & 2020 Forecast)

2019 2020 Operating Costs Projected Cost Projected Cost Administration (In-house) $25,085.00 $25,542.00 Operating Contract (no taxes applicable) $340,292.00 $343,476.00 Maintenance & Fuel (In-house) $27,388.00 $28,802.00 Total Operating Cost $392,765.00 $397,820.00

Program Funding Provincial Gas Tax (Dedicated to Public $150,000.00 $150,000.00 Transit) Fares $15,000.00 $15,000.00 General Levy $227,765.00 $232,820.00

Total Funding $392,765.00 $397,820.00

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Table 4: Revised Specialized Transit Operating Budget based on 2019-2023 Contract Proposed (REVISED 2019 & 2020 Forecast)

2019 2020 Operating Costs Revised Revised Projected Cost Projected Cost Administration (In-house) $25,085.00 $25,542.00 Operating Contract $305,280.00 $308,842.00 (Includes net rebatable taxes) Total Operating Cost $330,365.00 $334,384.00

Program Funding Provincial Gas Tax (Dedicated to Public $150,000.00 $150,000.00 Transit) General Levy $180,365.00 $184,384.00

Total Funding $330,365.00 $334,384.00

As noted in Table 3, the 2019 and 2020 forecasted budgets for the contracted specialized transit are $340,292 and $343,476 (not including in-house fuel and maintenance costs). These annual costs have been reduced in the new costing provided by the bidder. Further savings are realized in the program through the incorporation of fueling and maintenance into the new contract.

Mechanical staff required to maintain the vans will be able to reallocate their time to other Town fleet resources.

The existing Town-owned FAST vans (one 2011 and one 2013) will be disposed of through auction with the proceeds returned to the Transit reserve. The Transit Capital Reserve has an opening 2018 balance of $106,000 with annual base budget contributions of $36,067 and also includes funding for replacement of non-fleet capital such as bus shelters. The reserve forecasted two FAST replacement van purchases in 2021 and 2023, each for $65,000. These funds will be reviewed during the 2019 Capital Budget discussions for long-term needs. The value of the vans after auction is not known at this time.

In Table 4, the total program savings anticipated are estimated at $47,400 for 2019 and $48,436 for 2020. These savings will provide some financial relief and offset some of the levy increases in recent years that were directed to supporting an increase in transit services.

Policies Affecting Proposal

By-law No. 90-2015 adopted Council’s 2015-2018 Corporate Strategic Plan. This

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project and the recommendations provided conform to the priorities, goals and initiatives as described herein.

The provision of public transit services is assigned to lower-tier municipalities as an exclusive sphere of municipal jurisdiction under the Municipal Act 2001, Section 11(2). The Accessibility for Ontarians with Disabilities Act, 2005 – Ontario Regulation 191/11 “Integrated Accessibility Standards” was passed by the province of Ontario in June 2011. In Staff’s report IS-34-2016 it was noted that fares, hours and days of service for FAST are legislated to have parity with conventional services. This means that any Council approved service level increase on the conventional service must be reflected in service levels on the FAST service.

The existing para-transit service is authorized under By-law 34-2018.

The Town of Fort Erie enters into Letters of Agreement with the Ministry of Transportation, Province of Ontario annually to provide reporting which governs the use of dedicated gas tax funds by municipalities for public transportation.

Comments from Relevant Departments/Community and Corporate Partners

The general public, riders and stakeholder agencies have been consulted throughout the process of expanding and making recommendations to enhance specialized public transit in Fort Erie via focus groups, public survey and the initiation of the Transit Advisory Committee in 2017.

The Accessibility Advisory and Seniors Advisory Committee have identified persons with disabilities and seniors as key groups impacted in Fort Erie in areas such as the provision of accessible transit under “quality of life issues”.

The Town of Fort Erie’s Corporate Services Department were consulted throughout the Request for Proposal development and evaluation process.

Communicating Results

A Marketing Communications Strategy will be developed by the Communications Advisor to assist with promoting the transition to a new provider of the FAST.

Alternatives

This service is provided further to provincial legislation and Council’s Strategic Plan to ‘seek ways to improve and fund our municipal transit system and determine alternate modes of transportation to ensure access for the entire community’. Should Council not accept the recommended proposal, they may direct staff to re-offer an RFP for submissions based on their input for other levels of service to be incorporated. Council should be advised that the lead time for purchasing and/or converting vehicles to deliver this service are fast approaching a no-go date of July 1, 2018.

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Council can choose to negotiate with the existing provider to extend existing agreement. Given the cost savings associated with the awarding of this new contract and the aging assets operated on behalf of the Town at this time, staff cannot recommend this option.

Conclusion

The Town of Fort Erie provides 100% accessible conventional and specialized levels of transit; legislation under the AODA, 2005 demands that the municipality meet its obligations under the law to provide parity in service. Fares and hours of service parity as well as specific accessibility plans for both the conventional and specialized transportation services are regulated. Staff continues to plan for and address deadlines with regards to legislated requirements of the Town, contractors and the services themselves.

It is staff’s recommendation to Council that they accept and approve the entry into a new agreement with BTS Network Inc. to provide specialized transit service (FAST) within the Town of Fort Erie in the amount of $1,742,799.00 (including 13% HST) for a five-year term (January 1, 2019 to December 31, 2023).

Attachments

N/A

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Prepared for Council-in-Committee Report No. IS-19-2018 Agenda Date May 22, 2018 File No. 360402

Subject

WINGER ROAD MUNICIPAL DRAIN (HYDRO CULVERTS) – FILING OF ENGINEER’S REPORT, AS PER SECTION 78 OF THE ONTARIO DRAINAGE ACT, R.S.O. 1990, C.D.17

Recommendations

THAT Council accepts the new Engineer’s Report for the Winger Road Municipal Drain (Hydro Culverts) for information purposes; and further

THAT Council directs staff to continue with the legislative process in accordance with the Ontario Drainage Act and establish the date for the Court of Revision.

Relation to Council’s 2015-2018 Corporate Strategic Plan

Priority: Effective, Sustainable Infrastructure N/A

List of Stakeholders

1) Mayor and Council of the Town of Fort Erie 2) K. Smart Associates Limited 3) Benefiting Property Owners of the Winger Rd. Drain Watershed 4) Ministry of Agriculture, Food and Rural Affairs 5) Ministry of Natural Resources 6) Department of Fisheries and Oceans 7) Niagara Peninsula Conservation Authority 8) Canadian Niagara Power

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Prepared by: Submitted by: Approved by:

Original signed by: Original signed by: Original signed by: Dave Maiden CST, CRS Kelly M Walsh, P. Eng. Tom Kuchyt, C.E.T. Drainage Superintendent Director, Infrastructure Chief Administrative Officer Services

Original signed by: Jason D.Marr, P. Eng. Manager, Engineering Division

Purpose of Report

To seek Council’s acceptance of the new Engineer’s Report for the Winger Road Drain (Hydro Culverts) and to seek direction to proceed in accordance with the Ontario Drainage Act (the ‘Act’), in delivering the Engineer’s Report to the benefitting utilities.

Analysis

Background Administrative Report IS-04-10 was for the tender award of the Winger Road Municipal Drain, of which, Council approved at the January 11th, 2010, Council-in-Committee Meeting.

On June 21, 2010 K. Smart Associates Limited were appointed under the Town By-law 61-10 as the Consultant and Drainage Engineer for the preparation of a new Engineer’s Report for the relocation of the Drain under the provisions of the ‘Act’.

The drainage works within the Winger Road right-of-way from Netherby Road southerly for approximately 300 meters has had various conflicts with the existing utilities, in particular the gas main and the buried depth of the hydro poles which are within the drain.

Considering the high costs involved with moving the hydro poles (with high voltage wiring) and moving the gas main in conflict to another location, it was determined that the most economical option was to support the existing hydro poles, as approved by Canadian Niagara Power, using the installation of corrugated steel pipe on either side of the poles. This was completed so as not to undermine the base and compromise structural integrity of the poles.

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This work was completed in accordance with this recommendation at the time of construction. A Construction Completion Certificate dated June 30, 2011 has been received, and By-law 94-2016 to approve the Final Assessment Levy for the Winger Road Municipal Drain was passed on August 22, 2016.

Analysis The primary objective of the new Engineer’s Report was to prepare a plan and assessment schedule for the installation of the corrugated steel pipe on either side of the existing hydro poles. The Engineer’s Report for the Winger Road Drain (Hydro Culverts) is attached as (Appendix ‘1’) was filed with the Town Clerk on February 20, 2018.

As indicated in the ‘Recommendations’ section of this report, there are two alternatives for Council’s consideration. Staff recommends Council authorize staff to continue in accordance with the processes set out under the Act. Assessed benefitting landowners and utilities have been informed on how to access or obtain a copy of the new Engineer’s Report, and a notice identifying when the ‘Meeting to Consider’ the report will take place has been provided to all stakeholders.

As noted, all affected and interested parties listed under this Administrative Report have been informed, including being given specific information for reviewing the new Engineer’s Report for the Winger Road Drain (Hydro Culverts), along with notification of a public meeting to consider the Engineer’s Report on May 22, 2018.

The total cost for the construction, inspection, and the preparation of the Winger Road Drain (Hydro Culverts) Engineer’s Report is $24,820.72 (including Net HST). The total drainage area affected is approximately 54.8 hectares (135 acres). Previously these works were identified as part of the capital project WNGR09 which was budgeted in 2009 for $92,000. These construction works have been completed as indicated by the Construction Completion Certificate dated June 11, 2011.

Council may at any time before passing the By-law refer the Engineer’s Report back to the Engineer if it appears that there are or may be errors in the report.

Financial/Staffing Implications

Under the provisions of the Act, the costs for the preparation of a new Engineer’s Report are assessed against all benefiting land owners, utilities and road authorities within the drainage area. Costs for this report must be front-end financed by the Town of Fort Erie, apportioned as per the assessment schedules of the Engineer’s Report, and invoiced to the benefiting landowners, utilities and road authorities within the Winger Road Drain (Hydro Culverts) watershed.

The costs identified below are for the preparation of the new Engineer’s Report and construction as identified in the new Engineers Report. All costs identified in Table 1 were covered under the WNGR09 contract for the Winger Road Municipal Drain. The cost breakdown is included below in Table 1:

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TABLE 1:

Municipality Cost Breakdown Budget Town of Fort Erie Benefitting Landowners $0 0% Town of Fort Erie Roads (includes net HST) $12,410.36 50% Canadian Niagara Power (includes HST) $13,781.16 50% Total Cost $26,191.52 100%

The acceptance of the Winger Road Drain (Hydro Culverts) Engineers Report allows the Town of Fort Erie to invoice Canadian Niagara Power $13,781.16 for the work completed, this unbudgeted revenue shall be returned to the Storm Reserve.

Policies Affecting Proposal

By-law No. 90-2015 adopted Council’s 2015-2018 Corporate Strategic Plan. This project falls within the priority of “Infrastructure” although no specific initiative is applicable.

Should Council decide to proceed with the recommendations under the Engineer’s Report, landowners and agencies have further appeal mechanisms under the Ontario Drainage Act, should they not agree with Council’s decision.

Comments from Relevant Departments/Community and Corporate Partners

Comments or concerns have been received by affected landowners, government ministries, agencies and interested parties within the Winger Road Drain (Hydro Culverts) watershed who have attended any of the public meetings and have been incorporated into the Engineer’s Report.

Alternatives

Council will be required to decide on one of two possible options other than proceeding as outlined in the recommendation portion of this report. They include:

1) Refer the Engineer’s Report back to the Engineer as outlined under Section 57 of the Act. This option could be considered should Staff or Council be of the opinion that the Drainage Engineer did not complete or investigate all alternatives possible, and has not reasonably addressed the concerns of the affected landowners as outlined under the Act; and

2) Council can decide not to proceed with this Engineer’s Report or drainage project. The Municipality can be held accountable for all costs to date, and/or liable for any damages caused as a result of not proceeding further to section 79(1) of the Act.

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Conclusion

Staff recommends that Council proceed with the new Engineer’s Report as it will provide a plan and assessments for the completed construction.

Attachments

Appendix ‘1’ – Winger Road Drain (Hydro Culverts) Engineer’s Report - Dated February 9, 2018.

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for the

WINGER ROAD DRAIN (HYDRO CULVERTS)

Town of Fort Erie

Region of Niagara

Date: February 9, 2018

File No. 04-242

K. SMART ASSOCIATES LIMITED 85 McIntyre Drive, Kitchener, ON N2R 1H6

\\server\data\2004\04-242 Winger Road Drain\Engineering\04-242-Hydro Culvert Report 2018.doc Winger Road Municipal Drain (Hydro Culverts) - Filing of Engineer's Repo... Page 112 of 135 6 K. SMART ASSOCIATES LIMITED CONSULTING ENGINEERS AND PLANNERS 85 McIntyre Drive Tel: (519) 748-1199 Kitchener ON N2R 1H6 Fax: (519) 748-6100 www.ksmart.ca

February 9, 2018 File No. 05-182

WINGER ROAD DRAIN (HYDRO CULVERTS)

Town of Fort Erie

SUMMARY The original report for the Winger Road Drain was dated March 1, 2006. On June 21, 2010, the Town of Fort Erie in Bylaw 61-10 appointed K. Smart Associates Limited to prepare an updated report for the Winger Road Drain under Section 78 of the Drainage Act.

There are two objectives for this report. First is to amend the original report to include the changes of the Order of the Agriculture, Food and Rural Affairs Appeal Tribunal dated May 28, 2008. Second is to update the Winger Road Drain to provide for changes required to the drain at the time of construction which included culverts to protect the hydro poles in the ditch along Winger Road.

A summary of the Winger Road Drain (Hydro Culverts) is as follows:  3– twin 6m lengths of 900mm diameter corrugated steel pipe for hydro pole protection (2 pipes at each hydro pole) to be incorporated

The total estimated cost of the work is $24,820.72 Total length of new culvert is 18m Total watershed area affected is 54.8 hectares (135 acres) A Schedule of Assessment is not provided as the total estimated cost in this report is assessed as Special Assessments to the Town of Fort Erie for Winger Road and to Canadian Niagara Power Inc. for the hydro pole protection. Schedule A and B from the original report have been revised to address the decisions of the Court of Revision and the Tribunal. They have not been included in this report but are available for review at the Town office. Under Section 74 of the Drainage Act, the Town of Fort Erie will be responsible for maintaining the new culverts on the Winger Road Drain in accordance with the maintenance provisions in this report.

DRAIN HISTORY The report for the Winger Road Drain was dated March 1, 2006. The report was appealed to the Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal). The Tribunal conducted a hearing on the appeals on April 3, 2008. The Decision of the Tribunal dated May 28, 2008, contained the following Order:

TRIBUNAL ORDER 1. The location of the Winger Road Drain will remain as recommended in the Report.

2. The soil around the roots of up to five mature trees (to be selected by Ms. Eckert or her designate) at the back of the Eckert and/or Eckro Precision properties will be hand excavated to limit damage to the roots from mechanical excavating equipment during construction of the drain. The costs of such work should be considered as part of the “Construction Cost Estimate” in the Report and therefore should be adjusted in the Report by the Engineer if necessary.

3. The design of the drain will be modified by the Engineer to include specifications for protection of the south side of the drain with costs to be allocated in a similar fashion to those costs allocated for the buffer on the north side of the drain.

4. All costs will be borne by the drain as allocated.

5. Costs will remain as ordered by the Court of Revision except as follows: i. Benefit assessment (Schedule A of the Report) will be adjusted to decrease the amount by $500 for the Eckert, Eckro Precision, Waeger, Maxner and Cote properties and to increase the amount by $2500 for the Young property. ii. Allowances (Schedule B of the Report as modified by the Court of Revision) related to the provision of buffer protection along the south side of the ditch will be adjusted in the same manner used to provide allowances for affected lands on the north side of the drain. Schedules A and B will be revised by the Engineer to reflect these changes in the Benefits, Actual Assessments and Allowances, respectively, and incorporated into the Report.

Following the resolution of all appeals the Winger Road Drain report was adopted with third reading to Bylaw 166-04. Construction of the Winger Road Drain took place in January and February 2010 and final billing occurred in 2016. The Actual Cost Bylaw (Bylaw 94-2016) was dated August 22, 2016.

CONSTRUCTION ISSUES Hydro Poles along Winger Road The new Winger Road Drain ditch cross cross-section was approximately twice as wide as the existing road ditch. The new cross-section had the hydro poles appeared to be in the middle of the road ditch. Canadian Niagara Power, the owner of the hydro poles, expressed concern about the stability of the poles due to the extensive excavation in the area of the poles. On Winger Road to the south of the Winger Road, Drain culverts had to be installed in the new road ditch on the east side of each hydro pole with earth backfill to the original ground elevation placed around each pole.

After further site examination, it was determined that a 900mm diameter corrugated steel pipe could easily be placed on each side of the three hydro poles without impacting on the road bed bank slope or the west bank of the Winger Road ditch. The west bank of the Winger Road Drain ditch cannot be altered as there is a buried gasline approximately below the west top of the bank and any change to the top of bank or the bank slope could reduce the cover on the gasline. In design analysis, it was determined that the two 900mm

pipes would provide a flow capacity equivalent to the 1390 x970mm arch culvert across Winger Road. Based on design criteria provided by Canadian Niagara Power for culvert protection at hydro poles it was determined that a 6m length of pipe was required at each pole.

RECOMMENDATIONS For the protection for the three hydro poles in the Winger Road Drain along Winger Road it is recommended that the two 6m lengths of 900mm diameter corrugated steel pipe (68x13mm spiral corrugation – 1.6mm wall) that were installed on each side of each of the hydro poles (6 pipes in total) including using the backfill material excavated from the road ditch to remove the step in the channel cross-section, be incorporated as part of the Winger Road Drain.

DRAWINGS For the locations of the hydro culverts, refer to Stations 781, 874 and 964 on Drawing 1 of 3 (Watershed Plan) form the March 1, 2006, report.

Drawing 1 in this 2018 report shows the cross-sections and other details for the culverts.

COST ESTIMATE The cost estimate consists of the construction and engineering costs both including the Net HST (1.76%), all as outlined in the following sections.

a) Allowances No allowances are required since the work did not cause damage to lands or crops.

b) Construction Cost Estimate The actual cost of labour, equipment, and materials for the construction work is outlined in the following section. These are detailed in Belchoir Contracting and Excavating Ltd. Change Order 3 (Progress Payment Certificate 3), Invoice No. 360501-51.

Station Work Description Cost 781,874,964 3 – twin 6m long 900mm diameter corrugated steel pipe $ 20,280.94 (1.6mm wall - 68x13mm spiral corrugation) including the installation of the 900mm culverts on each side of hydro poles including excavation as required and compacted backfill for culverts at hydro poles using ditch excavation material, seeding backfill, traffic control and construction signs

Net HST (1.76%) $ 356.94 TOTAL CONSTRUCTION COST: $ 20,637.88

c) Engineering Cost Estimate i) Report Preparation There will be no Engineering fee charged for the preparation of this report and for attending the consideration of the report and the court of revision Total Report Preparation: $ 0

ii) Construction Supervision Construction inspection $ 4,110.50

Net HST (1.76%) $ 72.34 TOTAL ENGINEERING COST: $ 4,182.84

The cost for report preparation is usually not altered at the conclusion of a project unless the report is referred back or the report is appealed to the Drainage Tribunal. The costs shown for construction supervision are the actual costs incurred.

d) Estimated Cost Summary

Allowances $ 0 Construction 20,637.88 Engineering 4,182.84 TOTAL ESTIMATED COST: $ 24,820.72

ASSESSMENTS The Drainage Act, RSO 1990 requires that the total estimated cost is assessed to the affected lands and roads under the categories of Benefit (Section 22), Outlet Liability (Section 23), Injuring Liability (Section 23), Special Benefits (Section 24), and Special Assessment (Section 26).

Since the work in this report was required due to the presence of a road and a utility the estimated cost shall be assessed as a special assessment in accordance with Section 26 of the Drainage Act. The special assessment shall be divided equally to the Town of Fort Erie for Winger Road and Canadian Niagara Power Inc. for the hydro poles protection. The final special assessment shall be based on the actual cost for the work outlined in this report.

Owner/Utility/Road Assessment ($) Town of Fort Erie (Winger Road) 12,410.36 Canadian Niagara Power Inc. 12,410.36 Total Cost 24,820.72

Schedules A and B from the original report have been revised to reflect the decision of the Court of Revision and the Tribunal and have not been included with this report but are available for review at the Town office.

MAINTENANCE The culverts to be incorporated in this report shall be considered to be part of the Winger Road Drain and shall be maintained by the Town of Fort Erie with the cost of maintenance to be assessed to the upstream lands and roads pro rata with the assessments in the revised Schedule A, except that the special assessment shall not apply and maintenance cost shall only include the removal of accumulated sediment or debris within the culverts.

If any culverts in this report should require structural repair, maintenance or replacement the costs shall be assessed equally to the Town of Fort Erie and Canadian Niagara Power Inc. Removal of accumulated sediment or debris within the culverts shall be considered as normal maintenance and assessed as per a ditch cleanout along Winger Road.

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12 March 1, 2006 Schedule A - Schedule of Assessments File No. 04-242 Tribunal May 28, 2008 Winger Road Drain Town of Fort Erie

Roll No. Approx Ha Con NR Lot (020-029-) Owner Affected Benefit Outlet Total 11 Pt. 15 069-00 K. & M. Smith 0.1 0 12 12 11 Pt. 15 069-01 R. Winger 1.5 0 187 187 * 11 Pt. 15 070-00 P. & A. Hogan 5.7 0 561 561 * 11 Pt. 15 & 16 070-01 W. & S. Young 39.1 12,500 4,878 17,378 11 Pt. 16 072-00 R. Cote 1.8 3,500 112 3,612 11 Pt. 16 072-01 J. & A. Maxner 1.8 3,000 150 3,150 11 Pt. 16 072-02 E. Waeger 1.2 2,750 150 2,900 * 11 Pt. 16 072-03 Eckro Precision Machining 2,500 0 2,500 * 11 Pt. 16 072-04 T. Eckert 1,500 0 1,500 * 11 Pt. 16 073-00 E. Reddon 2.9 0 362 362 Total Assessment on Lands: 54.1 25,750 6,412 32,162 Netherby/Winger Road Region of Niagara 2,500 2,500 Winger Road Town of Fort Erie 0.7 7,000 138 7,138 Special Assessment Winger Road Region of Niagara 11,200 11,200 Total Assessments on Roads: 20,700 138 20,838 TOTAL ASSESSMENT ON WINGER ROAD DRAIN: 54.8 46,450 6,550 53,000

Schedule B - Schedule for Actual Cost Bylaw Winger Road Drain Town of Fort Erie

Minus Roll No. Estimated Actual 1/3 Minus Con NR Lot (020-029-) Owner Assessment Assessment Grant Allowances NET 11 Pt. 15 069-00 K. & M. Smith 12 12 12 11 Pt. 15 069-01 R. Winger 187 187 187 * 11 Pt. 15 070-00 P. & A. Hogan 561 561 187 374 * 11 Pt. 15 & 16 070-01 W. & S. Young 17,378 17,378 5,793 100 11,485 11 Pt. 16 072-00 R. Cote 3,612 3,612 450 3,162 11 Pt. 16 072-01 J. & A. Maxner 3,150 3,150 500 2,650 11 Pt. 16 072-02 E. Waeger 2,900 2,900 600 2,300 * 11 Pt. 16 072-03 Eckro Precision Machining 2,500 2,500 833 550 1,117 * 11 Pt. 16 072-04 T. Eckert 1,500 1,500 500 100 900 * 11 Pt. 16 073-00 E. Reddon 362 362 121 241 Total Assessments on Lands: 32,162 32,162 7,434 2,300 22,428 Netherby/Winger Road Region of Niagara 2,500 2,500 2,500 Winger Road Town of Fort Erie 7,138 7,138 7,138 Special Assessment Winger Road Region of Niagara 11,200 11,200 11,200 Total Assessments on Roads: 20,838 20,838 0 20,838 TOTAL ASSESSMENTS ON WINGER ROAD DRAIN 53,000 53,000 7,434 2,300 43,266 Notes: 1. In accordance with Section 37 of the Drainage Act, RSO 1990 and OMAF policy lands noted with an asterisk (*) are classified as agricultural. 2. Section 21 of the Drainage Act, RSO 1990 requires that assessments be shown opposite each parcel of land and road affected. The affected parcels of land have been identified using the roll number from the last revised assessment roll for the Town. For convenience only, the owners' names as shown by the last revised assessment roll has also been included.

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Prepared for Regular Council Report No. IS-20-2018 Agenda Date May 22, 2018 File No. 230803

Subject

AWARD OF TENDER FOR BRIG17 AND BRIG18 - BRIDGE AND CULVERT REPAIR AND REPLACEMENT - CONTRACT NO. ISE-18T-BRIG17/BRIG18

Resolutions

THAT Council amend the 2018 Capital Budget to reallocate the Winger Road Bridge structure (S047B) construction costs and the Federal Gas Tax funding of $920,000 from BRIG17 to BRIG16 where the project engineering fees were initially budgeted and approved; and further

THAT Council amend the 2018 Capital Budget to reallocate Holloway Bay Road Bridge structures (M344B and M345B) engineering costs and the Federal Gas Tax funding of $75,000 from BRIG18 to HWOT14 where the initial project costs were budgeted and approved. Of the $75,000 BRIG18 engineering budget, $35,000 will be allocated to HWOT14 engineering fees and $40,000 to HWOT14 construction fees; and further

THAT Council accepts and approves the tender submission for the BRIG17 and BRIG18 - Bridge And Culvert Repair And Replacement - Contract No. ISE-18T-BRIG17/BRIG18 from C.R.L. Campbell Construction and Drainage Ltd in the amount of $449,711.35 (including 13% HST); and further

THAT Council extends the Ellis Engineering Inc. assignment for contract administration and inspection services in the amount of $75,999.10 (including 13% HST).

Relation to Council’s 2015-2018 Corporate Strategic Plan

Priority: B: Effective, Sustainable Infrastructure Goal: B1: Continue to address the infrastructure gap through planned, responsible financing Initiatives: B1.1: Take advantage of infrastructure stimulus funding B1.3: Ensure infrastructure reserves match requirements

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List of Stakeholders

1) Mayor and Council of the Town of Fort Erie 2) Ratepayers of the Town of Fort Erie 3) Residents within the Project Area 4) C.R.L. Campbell Construction and Drainage Ltd 5) Ellis Engineering Inc. 6) Remaining Bidders 7) Niagara Parks Commission

Prepared by: Submitted by: Approved by:

Original signed by:

Robert D. Judd, P.Eng. Municipal Engineer – Infrastructure Renewal

Original signed per: Original signed by: Original signed by:

Jason Marr, P.Eng. Kelly M. Walsh, P.Eng. Tom Kuchyt, CET Manager, Director, Infrastructure Chief Administrative Engineering Division Services Officer

Purpose of Report

The purpose of this report is to advise Council of the tender process for the 2017 and 2018 Bridge and Culvert Repair and Replacement project and to request Council’s approval to award the tender of Contract No. ISE-18T-BRIG17/BRIG18 to C.R.L. Campbell Construction and Drainage Ltd of Wainfleet, Ontario in the amount of $449,711.35 (including 13% HST).

Council’s approval is also requested to extend an existing engineering assignment to Ellis Engineering Inc. This assignment includes contract administration and inspection services in the amount of $75,999.10 (including 13% HST).

Council’s approval is further requested for budget amendments to the BRIG16, BRIG17, BRIG18 and HWOT14 projects to facilitate Federal Gas Tax expenditures reporting.

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Analysis

Background Council accepted and approved the proposal from Ellis Engineering Inc. to provide engineering design services for the BRIG17 and BRIG18 - Bridge and Culvert Repair and Replacement project (Contract ISE-17P-BRIG17/BRIG18) to the upset limit of $210,506.80 (including 13% HST) at the March 20, 2017 Council-in-Committee meeting. This amount included $39,830.70 (including 13% HST) in design fees for two structures on Holloway Bay Road (Project HWOT14).

Through Council’s adoption of the 2017 and 2018 budgets, Town Staff were authorized to proceed with the tender issue for the 2017 and 2018 structure replacement or rehabilitation works, once design was completed.

In summary, the works in this tender are: • the repair of 1 structure (instead of replacement); • the replacement of 3 structures; • the installation of structure railing improvements at 6 structures; • the installation of scour protection improvements at 3 structures.

Appendix “1” provides summary information and scope of work required for each structure. Appendix “2” provides a structures location map.

The replacement of the Holloway Bay Road (Project HWOT14) structures is currently in detailed design stage and a tender is expected to be issued in June 2018.

Contract Administration and Site Inspection Services The original competitive RFP process incorporated engineering design and tendering services as the primary tasks and contract administration and inspection services as provisional tasks. Ellis Engineering Inc. was competitively rated for the engineering design and tendering as well as contract administration and inspection services for the project. The engineering design and tendering services have been completed by Ellis Engineering Inc., but the provisional contract administration and inspection services have not yet been awarded.

Based on the competitive evaluation results, Town staff recommends that Ellis Engineering Inc. be retained to provide contract administration and inspection services in the amount of $75,999.10 (including 13% HST) for the BRIG17 and BRIG18 assignment.

Contract administration and inspection services for the replacement of the two Holloway Bay Road (Project HWOT14) structures will be identified through the award of construction tender administrative report for Project HWOT14 once the tender process is complete.

The contract administration and inspection services fee breakdown for project BRIG17 and project BRIG18 is shown in Table 1.

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Table 1: Contract Administration and Inspection Services BRIG17 and BRIG18 - Bridge And Culvert Repair and Replacement Contract No.: ISE-18T-BRIG17/BRIG18 Project Component Fees Contract Administration and Inspection Services – BRIG17 $43,884.12 Contract Administration and Inspection Services – BRIG18 $32,114.98 Total Fees for Contract Administration and Inspection $75,999.10 Services and Design All amounts include 13% HST

Tender Call Tender No. ISE-18T-BRIG17/BRIG18 was issued in accordance with and adhered to the provisions of the Town of Fort Erie’s purchasing By-law (By-law No. 02-10). Tenders closed on Thursday, April 26th, 2018 at 2:00 p.m. local time and were publicly opened shortly thereafter.

A total of two tenders were submitted. The tenders were checked for mathematical errors. A detailed tender analysis spreadsheet, including unit prices submitted by the contractor is available for review by members of Council in the Infrastructure Services Department. The tender summary is presented in Table 2 below: Table 2: Tender Summary BRIG17 AND BRIG18 - BRIDGE AND CULVERT REPAIR AND REPLACEMENT CONTRACT NO.: ISE-18T-BRIG17/BRIG18 Total Structure $746,000.00 Project Funds Submitted Tenders Tender Price Tender Price Contractor (net of non-rebatable (including 13% HST) taxes) Anthony’s Excavating Central $658,644.23* $593,129.53* Inc. C.R.L Campbell Construction $449,711.35 $404,979.00 and Drainage Ltd *Corrected bid The low bidder, C.R.L. Campbell Construction and Drainage Ltd, is an experienced contractor and has completed similar contracts for other municipalities, including local area municipalities within the Niagara Region. References for C.R.L. Campbell Construction and Drainage Ltd were checked by staff. The results were positive and confirmed they have successfully completed similar bridge and culvert projects in the Province of Ontario. They have also satisfactorily completed drainage projects for the Town of Fort Erie, the most recent being the Nigh Road Municipal Drain Improvements in 2017. The engineering consultant, Ellis Engineering Inc., has recommended awarding the contract to C.R.L. Campbell Construction and Drainage Ltd of Wainfleet, Ontario.

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Financial/Staffing Implications

Budget Amendments A budget amendment is required to the 2018 Capital Budget to reallocate the Winger Road Bridge structure (S047B) construction costs and the Federal Gas Tax funding of $920,000 from BRIG17 to BRIG16 where the project engineering fees were initially budgeted and approved. The construction costs the Winger Road Bridge structure were included in the BRIG17 budget and should have been budgeted under BRIG16 in order to properly capitalize the asset and account for the Federal Gas Tax reporting.

A second budget amendment is required to the 2018 Capital Budget to reallocate Holloway Bay Road Bridge structures (M344B and M345B) engineering costs and the Federal Gas Tax funding of $75,000 from BRIG18 to HWOT14 where the initial project costs were budgeted and approved. Of the $75,000 BRIG18 engineering budget, $35,000 will be allocated to HWOT14 engineering fees and $40,000 to HWOT14 construction fees

These budget amendments will ensure Federal Gas Tax expenditures are consistent with reporting requirements and ensure the expenses for these assets are properly capitalized. The funding shown in Table 4 is based on the amended BRIG17 and BRIG18 budgets.

Construction Project Total project funds available for project BRIG17 and BRIG18 structures are $1,075,000.00, inclusive of non-rebated taxes. A summary of total project costs and funding sources are noted below in Table 3 and Table 4.

Table 3: Project BRIG17 and BRIG18 Costs Project Component Cost Construction Tender – BRIG17 & BRIG18 $404,979.00 BRIG17 Engineering Studies $46,424.54 by Ellis Engineering Inc. BRIG17 & BRIG18 Engineering Design & Tender $107,274.58 by Ellis Engineering Inc. BRIG17 & BRIG18 Contract Administration & Inspection $68,439.54 by Ellis Engineering Inc. Crystal Beach Drive Retaining Wall $74,000.00 Future Tender – BRIG17 Town Staff Project Management $45,000.00 BRIG17 & BRIG18 Geotechnical Investigations and Materials Testing $35,000.00 BRIG17 & BRIG18 Archeological Site Review $5,000.00 BRIG17 & BRIG18 Total Project Costs $786,117.66 All amounts include non-rebated HST

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Table 4: Available Funding Sources Funding Source Funds Bridge & Culvert Reserve (BRIG17) $305,000.00 Bridge & Culvert Reserve (BRIG18) $190,000.00 Federal Gas Tax Reserve (BRIG17) $80,000.00 Federal Gas Tax Reserve (BRIG18) $500,000.00 Total Project Funds Available $1,075,000.00 All amounts include non-rebated HST

Table 5: Variance Projection Project BRIG17 and BRIG18 Variance Total Estimated Project Cost Total Project Funds Variance $786,117.66 $1,075,000.00 $288,882.34 All amounts include non-rebated HST As noted in Table 5, there is a projected favourable variance for this project in the amount of $288,882.34. This variance is a partial result of 3 structures (M398B, M336C and M335C) not being completed under the 2017/2018 Bridge and Culvert Replacement Program contributing $100,000 to this variance, as well as favourable pricing at the time of tendering. Unused funds will be returned to the appropriate reserve following construction completion.

Policies Affecting Proposal

By-law No. 90-2015 adopted Council’s 2015-2018 Corporate Strategic Plan.

Effective and sustainable infrastructure is a priority in the plan. The award and completion of this project supports the ongoing Infrastructure Priority in addressing the initiatives as identified under Goal B.1.

The provisions of the Town of Fort Erie Purchasing Policy By-law No. 2010-002 were adhered to during the tender process for this project.

Comments from Relevant Departments/Community and Corporate Partners

The Town of Fort Erie’s Corporate Services Department were consulted throughout the tender process.

The Treasurer has requested the recommended budget amendments to ensure federal gas tax expenditures are consistent with reporting requirements.

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Communicating Results

As this project is a Municipal Class Environmental Assessment (MCEA) Schedule A+ pre-approved project, a public information centre is not required. Any residential driveway access in the vicinity of the project is expected to be maintained during the project.

Road closures of Nigh Road from Stone Mill Road to Centralia Avenue, and Black Creek Road from River Trail to Niagara Parkway are planned to facilitate the safe implementation of structure replacements. The road closure and detour will be advertised and signed well in advance of the works to mitigate impacts to motorists and pedestrians using these roads. The road closures are expected to last two weeks at each structure.

Replacement of the Black Creek Road structure will not start until after September 10, 2018 so that the local motorist and pedestrians have access to Niagara Parkway during the summer tourist season.

Complete structure replacement works are expected to involve full road closures. All other work included in this project is anticipated to be done with the contractor maintaining one lane for traffic using appropriate traffic control, in accordance with Ontario Traffic Manual Book 7 - Temporary Conditions.

The railing improvement work on the College Road structure will not start until after October 9, 2018 in order to minimize the impact to golf course patrons.

The planned Nigh Road structure railing improvements will change the appearance of the road approaches and will impact some front yards and driveways in the immediate vicinity of the bridge. Staff will meet with the affected residents to explain the planned works in advance of the work starting.

Information about the project has been published in the newspaper and on the Town website. Staff will keep the general public informed of construction and detour routes prior to and at the end of construction.

The following points of contact will be completed for the project: • Hand delivered notices will be provided to the directly impacted residents; • Project updates provided on Town’s website.

Alternatives

Council has the option of not authorizing the award of this contract and postponing the structure replacements and guard rail improvements. However, given that these structures have been prioritized for immediate replacement based on their deteriorating structural condition, this option is not recommended.

The project funds have already been approved and the projections are that the project will be on budget.

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Conclusion

The recommended budget amendments will ensure Federal Gas Tax expenditures are consistent with reporting requirements.

Staff recommends that Contract No. ISE-18T-BRIG17/BRIG18 for the BRIG17 and BRIG18 - Bridge and Culvert Repair and Replacement Project is awarded to C.R.L. Campbell Construction and Drainage Ltd at the tendered amount of $449,711.35 (including 13% HST) for the works itemized herein.

Staff also requests that Council extend the assignment for contract administration and site inspection services of this project to Ellis Engineering Inc. in the amount of $75,999.10 (including 13% HST).

Attachments Appendix ‘1’ – Structure summary information and scope of work. Appendix ‘2’ – Structure Location Maps

Award of Tender for BRIG17 and BRIG18 - Bridge and Culvert Repair and Re... Page 127 of 135 8 Award of Tender for BRIG17 and BRIG18 - Bridge Culvert Repair Re... APPENDIX “1” TO ADMINISTRATIVE REPORT IS-20-2018 SUMMARY OF STRUCTURE INFORMATION ISE-18T- Structure Road # of Structure Year Project Location ADT Crossing BRIG17/BRIG18 ID# Class Lanes Type Built Works Black Creek 136m South of Concrete Unnamed Water BRIG17 M609C Local 320 2 N/A Replacement Rd Niagara Pkwy Pipe Course 60m West of Six Mile Creek BRIG17 M323C Nigh Rd Collector 750 2 C.S.P. N/A Replacement Windmill Point Rd Tributary 370m East of Rigid Railing BRIG17 S036B Church Rd Collector 295 2 + 1960 Black Creek Tributary House Rd Frame Improvements Thunder Bay 756m East of Concrete Railing BRIG17 S086B Collector 1100 2 1953 Six Mile Creek Rd Bernard Ave Arch Improvements 492m west of Clay Rigid St. John’s Marsh BRIG18 S009B College Rd 5 1 1940 Repair House Rd Road Frame Municipal Drain 1337m west of Clay Frenchman’s Creek BRIG18 M370B Gilmore Rd 5 1.5 C.S.P. N/A Replacement Sunset Rd Road Municipal Drain Slab on 564m east of Railing BRIG18 S011B College Rd Local 250 2 Steel 2012 Black Creek Winger Rd Improvements Girder 1330m south of Rigid Beaver Creek Railing BRIG18 S048B Winger Rd Collector 150 1.5 1960 Bowen Rd Frame Municipal Drain Improvements Beaver Creek South 150m east of Concrete Railing BRIG18 S074B Nigh Rd Collector 1025 2 - N/A Tributary Municipal Gorham Rd Arch Improvements Drain 85m south of Rigid Railing BRIG18 S022B Burger Rd Collector 200 2 + 1960 Henry Municipal Drain Church Rd Frame Improvements

Page 128 of 135 Rigid 1044m north of Phillips St Road BRIG18 M400B Kraft Rd Collector 705 2 Frame N/A Scouring Protection Dominion Rd Allowance Ditch Box 264m east of Rigid Six Mile Creek BRIG18 S076B Nigh Rd Collector 750 2 + 1960 Scouring Protection Centralia Ave Frame Tributary 189m south of Rigid Beaver Creek BRIG18 S041C House Rd Collector 150 2 1967 Scouring Protection Bertie St Frame Municipal Drain ADT = Average Daily Traffic C.S.P. = Corrugated Steel Pipe N/A = Not Available, Unknown

9 Award of Tender forBRIG17 and BRIG18 -Bridge and Culvert Repair and Re... Appendix 2 Page 129 of 135

10 Infrastructure Services

Prepared for Council-in-Committee Report No. IS-21-2018 Agenda Date May 22, 2018 File No. 360605

Subject

WINTER CONTROL COMPARISON EXPENDITURES 2017/2018

Recommendations

THAT Council receives the analysis of the 2017/2018 Winter Control costs as compared to the 2016/2017 Winter Control costs for information purposes.

Relation to Council’s 2015-2018 Corporate Strategic Plan

Priority: Effective, Sustainable Infrastructure Goal: Not applicable Initiative: Not applicable

List of Stakeholders

1) Mayor & Council of the Town of Fort Erie 2) Road User Customers 3) Winter Control Contractors/Suppliers

Prepared by: Submitted by: Approved by:

Original signed by: Original signed by: Original signed by:

Doug Campbell, CET Kelly M. Walsh, P. Eng. Tom Kuchyt, CET Manager, Roads & Fleet Director, Infrastructure Chief Administrative Officer Divisions Services

Winter Control Comparison Expenditures 2017/2018 Page 130 of 135 Infrastructure Services Page 2 of 3 Report No. IS-21-2018

Purpose of Report

The purpose of this report is to update Council on the financial impacts for the Winter Control Operations in 2016/2017 vs 2017/2018 winter season.

Analysis

This year’s winter was considerably more dramatic than last year’s due to the increased number of snowfalls and considerably lower temperatures.

The Winter Control contract tender has a provision that guarantees contractors 100 hours of work for the duration of the season (Nov 1 to Mar 31). Should 100 hours not be met, makeup hours for the balance must be provided in other operational areas. The 2016/2017 season did not achieve the 100 hour guarantee thus makeup hours were utilized in other areas i.e. road grading, street flushing, hydro seeding etc. The 2017/2018 winter season exceeded the 100 hour guarantee in all areas.

A summary of comparison hours/materials is summarized in Table 1 below

Table 1: Winter Control Hours Winter 2016/2017 Actuals Winter 2017/2018 Actuals Avg. contractor hours 52 109 plowing Avg. Contractor hours 85 107.5 sanding Avg. Contractor hours 53 217 sidewalks Approx. Total salt used 1191 2267 (tonnes) Approx. Total sand used 1724 5465 (tonnes)

A summary of comparison expenditures is summarized in Table 2 below.

Table 2: Winter Control Costs Winter Winter Winter Winter 2016/2017 2016/2017 2017/2018 2017/2018 Actual Costs Makeup Costs Actual Costs Makeup Costs Cost of sand/salt $159,368 $211,080 purchased Contractor plowing $115,059 $106,067 $266,981 $0.00 costs Contractor sanding $23,239 $3,816 $35,123 $0.00 costs Contractor $24,497 $23,062 $63,469 $0.00 sidewalk costs

Winter Control Comparison Expenditures 2017/2018 Page 131 of 135 Infrastructure Services Page 3 of 3 Report No. IS-21-2018

Financial/Staffing Implications

As a result of the winter, all contractor hours have been expended. In the previous two springs, surplus hours have been used to undertake normal spring operations such as road grading, flushing, hydro seeding etc. Costs for these events this year will be sourced from the operating budget as intended. The financial implication is therefore two-fold: there will be no projected surplus in the winter control budget or in the spring operating budget as there has been for the previous two years.

Policies Affecting Proposal

By-law No. 90-15 adopted Council’s 2015-2018 Corporate Strategic Plan. Our commitment to providing Winter Control Services supports Council’s priority of Effective, Sustainable Infrastructure.

Comments from Relevant Departments/Community and Corporate Partners

Not Applicable

Communicating Results

Not Applicable

Alternatives

This report is provided for information purposes only and there is no alternative.

Conclusion

The Town of Fort Erie has benefited in past years utilizing the unused 100 hour guarantee to offset costs in operational areas. This year will not have these funds available.

Attachments

Not Applicable

Winter Control Comparison Expenditures 2017/2018 Page 132 of 135 The Municipal Corporation of the Town of Fort Erie Business Status Report Infrastructure Services May 22, 2018

Forecasted Reports Source Status

Asset Management Plan – RFP for Consulting Services Award Capital Budget June 11, 2018

Skate Sharpening Booth – Leisureplex – RFP Award Operating Budget June 11, 2018

Wintemute Street/ Nigh Road – Relining Project – Capital Budget June 11, 2018 Construction Tender Award

BRIG19 – RFP for Engineering Design Award Capital Budget June 11, 2018

Municipal Tree Planting Program Council Request June 11, 2018

Hagey Avenue/ Ott Road Rail Crossing – Class EA and Pre-Design – Capital Budget July 9, 2018 RFP for Engineering Services Award

Goderich Watermain & Storm Sewer Replacement – Construction Capital Budget July 9, 2018 Tender Award

Crescent Park Storm Drainage (Phase 2) - RFP for Engineering Capital Budget July 9, 2018 Services Award Page 133 of 135

Bay Beach Municipal Drain - New Engineers Report - RFP for Capital Budget July 9, 2018 Engineering Services Award

BRIG17/BRIG18 (Package 2) – Construction Tender Award Capital Budget August 13, 2018

St John’s Marsh Municipal Drain – Construction Tender Award Capital Budget September 17, 2018

Prepared By: Respectfully Submitted By:

Original signed by: Original signed by:

Kelly M. Walsh, P. Eng. Tom Kuchyt, CET Director, Infrastructure Services Chief Administrative Officer

Page 134 of 135 The Municipal Corporation of the Town of Fort Erie Business Status Report Corporate Services; Community Services; Fire and Emergency Services May 22, 2018

Forecasted Reports Source Status

May 2018 Capital Variance Report Report June 11, 2018

New Fire Station Funding Report June 11, 2018

2017 Audited Financial Report Report June 18, 2018

Future Operation of the Crystal Ridge Community Centre Report June 11, 2018

Prepared by: Prepared by: Respectfully submitted by:

“original signed” “original signed” “original signed” Page 135 of ______Jonathan Janzen, Ed Melanson, Tom Kuchyt, Director, Corporate Services/Treasurer Fire Chief Chief Administrative Officer