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03-22-2022 AGENDA City Council Meeting 4:00 PM - Tuesday, March 22, 2022 Council Chambers/Zoom App. Due to the COVID-19 and the Closure of City Hall, all electronic meetings can be viewed on this page, the City of Niagara Falls YouTube channel, the City of Niagara Falls Facebook page, along with YourTV Niagara. Page 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera (Updated) March 22, 2022 - Resolution to go In-Camera 20 - 21 2. CALL TO ORDER O Canada: Performed by: Victoria (Student at Niagara Institute of Music & Arts) Land Acknowledgement and Traditional Indigenous Meeting Opening 2.1. CLK-2022-06 Amendment to Procedure By-law 2019-04 to Allow Electronic Participation for Council Meetings Recommendations: THAT Niagara Falls City Council receive report CLK 2022-06 for information, and THAT Niagara Falls City Council review By-law 2022-26, being a by-law to update the procedure By-law 2019-04 to permit electronica attendance and participation at open meetings of Council. CLK-2022-06 - Amendment to Procedure By-law 2019-04 to Allow Electronic Participation for Council Meetings - Pdf 22 - 23 3. ADOPTION OF MINUTES Page 1 of 751 3.1. Council Minutes of March 1, 2022 Minutes - City Council - 01 Mar 2022 - Pdf 24 - 33 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. Presentation - Regional Official Plan (Presentation added) David Heyworth, from the Niagara Region, will be making a presentation to Council regarding the Regional Official Plan (opportunity for Council to ask questions of the region). Michelle Sergi and Diana Morreale from the Region will also be available for comments/questions. Presentation- Regional Official Plan -March 22, 2022 34 - 55 a. PBD-2022-17 Staff Information Report - Presentation on the Region's Draft Official Plan Recommendation: 1. This report is submitted for the information of Council. PBD-2022-17 - Staff Information Report - Presentation on the Region's Draft Official Plan - Pdf 56 - 60 6.2. Presentation - SLBC Advisory Services: Draft Core Assets Management Plan Aman Singh, Senior Partner, Advisory Services, SLBC Inc., and colleague, Donna Querengesser will be making a presentation to Council regarding the Draft Core Assets Management Plan. 61 - 102 Page 2 of 751 Presentation -NIAGARA-FALLS-2022AMP-Core-revC-2022-03-22- Rev0 a. MW-2022-16 Draft Asset Management Plan - Core Assets Recommendation: That Council receive the Draft Asset Management Plan - Core Assets, report for information. MW-2022-16 - Draft Asset Management Plan - Core Assets - Pdf 103 - 245 6.3. Presentation - from Dillon Consulting Limited PBD-2022-18 City of Niagara Falls Housing Directions Study Phase 2: Housing Strategy Kelly Martel, Ryan Taylor and Tim Welch, will be providing the presentation. Recommendations: 1. That Council receive the presentation regarding the City of Niagara Falls Housing Strategy attached as Appendix I. 2. That Council endorse the Strategy and direct staff to begin its implementation through an Official Plan Amendment including consultation with the community. PBD-2022-18 - City of Niagara Falls Housing Directions Study Phase 2: Housing Strategy - Pdf Council Presentation-- Housing Strategy for Niagara falls-- 03.16.22 246 - 340 7. PLANNING MATTERS 7.1. PBD-2022-12 - PUBLIC MEETING (Presentation added; presentation from agent updated) AM-2021-019, Official Plan and Zoning By-law Amendment Application 5613, 5631-5633 Victoria Avenue, Proposal: 35 Storey Hotel and 36 Storey Apartment and On- Street Dwelling on Shared Podium Applicant: Fugiel International Group Inc. Agent: Bousfields Inc. (David Falleta) 341 - 391 Page 3 of 751 Recommendations: 1. That Council approve the Official Plan and Zoning By-law amendments as detailed in this report to exceed the 30 storey limit for a 35 storey hotel and 36 storey apartment and on - street dwellings on the subject lands, subject to a parking rate of 1.25 parking spaces per dwelling unit, and subject to the regulations outlined in this report. 2. That the amending zoning by-law include a Holding (H) provision to require a Record of Site Condition and updated wind study. 3. That the passage of the amending by-laws be conditional on the execution of a Section 37 agreement for the mixed use building on 5613, 5631-5633 Victoria Avenue to secure contributions for streetscape improvements on the abutting Victoria Avenue frontage and capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys and the subject lands merging in title. 4. That the Mayor and Clerk be authorized to execute the Section 37 agreement to the satisfaction of the City Solicitor. 5. That Council approve the request to pass a by-law to deem Lots 139 and 141 of Plan 291, to not be in a plan of subdivision and that this by-law, to enable the lots to be merged, be placed on Council’s agenda at the same time as the amending zoning by-law. PBD-2022-12 - AM-2021-019, Official Plan and Zoning By-law Amendment Application5613, 5631-5633 Victoria Avenue,Proposal: 35 Storey Hotel and 36 Sto - Pdf Presentation-AM-2021-019 Victoria-Walnut Public Meeting Presentation from Agent - #7.1 - 2136_Mar 22, 2022_Walnut & Victoria Public Meeting Resident Comments (Redacted) - AM-2021-019 Additional comments - AM-2021-019 7.2. PBD-2022-11 - PUBLIC MEETING (Presentation added) AM-2021-027 Zoning By-law Amendment and 26CD-11-2021-006 Draft Plan of Vacant Land of Condominium 392 - 418 Page 4 of 751 5269-5279 Van Alstyne Place Applicant: 2579366 Ontario Inc. (Ranjit Mahil) Agent: Upper Canada Consultants (Craig Rohe) Recommendations: 1. That the application to amend the Zoning By-law be approved, subject to the regulations outlined in this report. 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix A. 3. That the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council. 4. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 5. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 6. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the Condominium when all matters are addressed to the satisfaction of the City Solicitor. PBD-2022-11 - PBD-2022-1126T-11-2021-006 and AM-2021- 027Plan of Vacant Land of Condominium and Zoning By -law Amendment Applications5269-5279 Van Al - Pdf Presentation from agent - Public Meeting - Van Alstyne Place - January 31, 2022 Resident Comments (AM-2021-027) - (Redacted) 7.3. PBD-2022-16 (PUBLIC MEETING) (Presentation added) 26CD-11-2021-007 Draft Approval Plan of Condominium 6353 Carlton Ave Applicant: Pivotal Fine Homes Agent: Apex Technical Ltd. 419 - 438 Page 5 of 751 Recommendations: 1. That the Draft Plan of Condominium for 6353 Carlton Avenue be draft approved subject to the modified conditions in Appendix A; 2.That the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council; 3.That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the Condominium when all matters are addressed to the satisfaction of the City Solicitor. PBD-2022-16 - 26CD-11-2021-007Draft Approval Plan of Condominium6353 Carlton AveApplicant: Pivotal Fine HomesAgent: Apex Technical Ltd. - Pdf Presentation (#7.3) - 6353 Carlton Ave -PM Pres - 26CD-11-2021- 007 8. REPORTS 8.1. CLK-2022-04 Restricted Act of Council Period (Lame Duck) Recommendation: THAT Council approve report CLK 2022-04 and By-law 2022-25 approving delegated authority to the CAO in the event that Council enters a Lame Duck period preceding or succeeding the 2022 Municipal Election. CLK-2022-04 - Restricted Act of Council Period (Lame Duck) - Pdf 439 - 443 8.2. CAO-2022-02 (Report added) Corporate Leadership Team (CLT) 2022 Work Plans 444 - 483 Page 6 of 751 Recommendation: That the 2022 Departmental Work Plans, as prepared by Corporate Leadership Team (CLT) departments be received for information. CAO-2022-02 - Corporate Leadership Team (CLT) 2022 Work Plans - Pdf 8.3. CLK-2022-05 (Report added) Use of Vote Tabulators and Alternative Voting Options for the 2022 Municipal Election Recommendations: 1. That a by-law be adopted to support the use of vote tabulators in the 2022 municipal and school board election. 2. That Niagara Falls City Council approve Vote by Mail as an alternative voting option in addition to in-person voting during the 2022 municipal and school board election and adopt the corresponding by-law. CLK-2022-05 - Use of Vote Tabulators and Alternative Voting Options for the 2022 Municipal Election - Pdf 484 - 491 8.4. CLK-2022-07 Use of Corporate Resources for Election Purposes Recommendation: THAT Council review and approve the updated Use of Corporate Resources for Election Purposes Policy (400-39). CLK-2022-07 - Use of Corporate Resources for Election Purposes - Pdf 492 - 499 8.5. F-2022-11 Statement of 2021 Remuneration and Expenses for Members of Council and Commissions Recommendation: For the information of Municipal Council F-2022-11- Statement of 2021 Remuneration and Expenses for Members of Council and Commissions - Pdf 500 - 504 8.6. F-2022-14 2021 Sleep Cheap Event 505 - 507 Page 7 of 751 Recommendation: For the information of Council. F-2022-14 - 2021 Sleep Cheap Event - Pdf 8.7. MW-2022-13 Breadner Crescent, Chipman Crescent, Parkway Drive and Ussher Street - Parking Control Review Recommendations: That Council approve the ‘No Parking’ restrictions be removed from: 1. the west side of Breadner Crescent between Parkway Drive (north intersection) and Parkway Drive (south intersection); 2. the west side of Chipman Crescent between Sarah Street and Cattell Drive; 3. the east side of Parkway Drive between Callan Street and Cattell Drive; and, 4. the east side of Ussher Street between Sarah Street and Chipman Crescent. And that Council pass the amending by-law on tonight’s agenda. MW-2022-13 - Breadner Crescent, Chipman Crescent, Parkway Drive and Ussher Street - Parking Control Review - Pdf 508 - 511 8.8. PBD-2022-10 (Letter added) Ontario Housing Affordability Task Force Proposal Review Recommendations: 1. That Council support the recommendations from Planning staff on "The Report of the Ontario Housing Affordability Task Force" as detailed in Appendix "2" of PBD-2022-10. 2. That Council forward a copy of this report to Minister Steve Clark. 3. That Staff monitor how these recommendation are implemented by the Provincial government and bring forward any necessary staffing implications to Council through the 2023 budget. 4. That Staff prepare a future report to Council on permitting additional uses in the low density areas and zones for gentle intensification, recommendations for intensification corridors as 512 - 573 Page 8 of 751 part of the City's new Official Plan, consideration of a reduction of parking requirements based on the City's parking study review and on delegated authority. PBD-2022-10 - Ontario Housing Affordability Task Force Proposal Review - Pdf Housing Affordability Task Force, NFNC comments 8.9. PBD-2022-14 Information Report Town of Aurora Resolution- Dissolve the Ontario Land Tribunal (OLT) Recommendation: That Council receive this staff report for information purposes. PBD-2022-14 - Information ReportTown of Aurora Resolution- Dissolve the Ontario Land Tribunal (OLT) - Pdf 574 - 577 8.10. PBD-2022-15 (Updated report) Changes to Public Notice Circulation Area Recommendation: That the Public Notice Circulation area remain at 120m for applications within the Urban Area boundary and 240m outside the Urban Area boundary, the current newspaper advertising be discontinued, new public notice sign requirements for a larger sign that provides more detailed, coloured rendering of the proposed development, and that a Planning Application presence be established on the City website and social media PBD-2022-15 - Changes to Public Notice Circulation Area - Pdf 578 - 582 8.11. PBD-2022-26 Amendment request to a Revitalization Grant Application under the Historic Drummondville CIP – DRU-2020-001, 5528 Ferry Street Applicant: La Pue International Inc. Recommendations: Should Council support the request by La Pue International Inc. to amend the Revitalization Grant Agreement to alter the phasing of construction it is recommended: 1. that Council pass the By-law authorizing the execution of the Revitalization Grant Amendment Agreement between 583 - 589 Page 9 of 751 La Pue International Inc. and the City as attached under the By-law Section of the March 22, 2022 agenda; 2. that the applicant be required to register on title the amending agreement; and 3. that the Revitalization Grant Agreement and Phasing Amendment Agreement be forwarded to the Niagara Region for reconsideration of support under the extended Smart Niagara Incentive Program (SNIP). PBD-2022-26 - Amendment request to a Revitalization Grant Application under the Historic Drummondville CIP – DRU-2020- 001, 5528 Ferry StreetApplicant - Pdf 8.12. PBD-2022-27 (Email added) Request for Council Resolution for a Minister's Zoning Order for lands bounded by Erie Road, Bridge Street, Queen Street and River Road Recommendations: That City Council pass the following Resolution to support the requested Ministry's Zoning Order (MZO). the City of Niagara Falls supports the requested MZO subject to the following conditions: 1. That all lands beyond the lands bounded by Erie Avenue, Zimmerman Avenue, Bridge Street and Queen Street be subject to parking in accordance with the CB6 and CB3 zoning unless the 0.6 spaces per unit can be justified through a Parking Demand Analysis to the satisfaction of the City’s Municipal Works; 2. That the lands be subject to site plan approval subject to the policies and by-laws of the City and the urban design policies in 3.11-3.13 in the Downtown Niagara Falls Go Station Secondary Plan; 3. That a condition be added to deal with Section 37 Community Benefits through the site plan approval process to be used in the downtown area for improvements, features or affordable housing; 4. That a minimum of 2 sq.m. of balcony space be provided in addition to the 2 sq.m. of indoor space and 2 sq.m. of outdoor space; 5. That the developer submits a parking demand analysis report to justify the 0.6 spaces per dwelling unit parking ratio and that the developer be permitted to construct the podium and the first two towers of the development only. After full occupancy, the parking capacity/need will need to be reevaluated through a subsequent study to confirm if the 0.6 spaces per unit is still an acceptable parking ratio for the 590 - 606 Page 10 of 751 overall development. Both reports will require Municipal Works approval; 6. That a heritage impact study be submitted as part of site plan approval process; 7. That future road widenings in accordance with Section 4.27.1 are not hindered by the proposed development; and 8. That the City review in detail the draft by-law before submitting the final requested by-law to the Minister. PBD-2022-027 - Request for Council Resolution for a Minister's Zoning Order for lands bounded by Erie Road, Bridge Street, Queen Street and River Road - Pdf Comments for march 22 meeting regarding PBD-2022-27 and the MZO support request 8.13. R&C-2022-06 Canada Day 2022 Recommendation: That Recreation & Culture staff coordinate and deliver the Canada Day 2022 parade. R&C-2022-06 - Canada Day 2022 - Pdf R&C-2022-03-Canada Day Celebrations Fee For Service 607 - 614 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. 9.1. F-2022-12 Tax Receivables Monthly Report (February) Recommendation: That Council receive the Monthly Tax Receivables report for information purposes. F-2022-12 - Tax Receivables Monthly Report (February) - Pdf 615 - 618 Page 11 of 751 9.2. MW-2022-14 Weaver Road – Speed Limit Review Recommendation: That the speed limit on Weaver Road between Niagara River Parkway and Ort Road be reduced from 70 km/h to 60 km/h. MW-2022-14 - Weaver Road – Speed Limit Review - Pdf 619 - 622 9.3. MW-2022-15 Drinking Water System Summary Report and Overview Recommendation: That Council receive and file Report MW -2022-15 regarding the Annual Drinking Water System Summary Report and Overview. MW-2022-15 - Drinking Water System Summary Report and Overview - Pdf 623 - 655 9.4. MW-2022-17 Single Source Procurement – 2022 Lining Program Contract Administration & Inspection Recommendation: That Council AUTHORIZE staff to award contract administration and site inspection contract services to GMBluePlan Engineering Ltd. in the amount of $192,529 plus applicable taxies in support of the City’s 2022 Niagara Falls Wastewater Collection System State of Good Repair Lining Program. MW-2022-17 - Single Source Procurement – 2022 Lining Program Contract Administration & Inspection - Pdf 656 - 659 9.5. PBD-2022-13 PLC-2022-002, Request for Removal of Part Lot Control Blocks 100, 103 & 104, Registered Plan 59M-484, Forestview Estates 7430, 7426, 7422, 7418, 7414 and 7410 Jonathan Drive (Block 100) 7420, 7428, 7442, 7450, and 7458 Matteo Drive (Block 103) 7380, 7388, 7396, 7404 and 7412 Matteo Drive (Block 104) Applicant: Mountainview Homes (Niagara) Ltd. Recommendation: 660 - 666 Page 12 of 751 That Council approve the request and pass the by -law included in today’s agenda to exempt Blocks 100, 103 & 104, Registered Plan 59M-484 from Part Lot Control for a period of two years. PBD-2022-13 - PLC-2022-002, Request for Removal of Part Lot ControlBlocks 100, 103 & 104, Registered Plan 59M-484, Forestview Estates7430, 7426, 7422, - Pdf 9.6. R&C-2022-04 2021 Annual Update from the Culture Division Recommendation: THAT Council receive report R&C 2022-04 for information. R&C-2022-04 - 2021 Annual Update from the Culture Division - Pdf 667 - 686 9.7. R&C-2022-05 2021 Annual Update from the Public Art Advisory Task Force Recommendation: For the information of Council. R&C-2022-05 - 2021 Annual Update from the Public Art Advisory Task Force - Pdf 687 - 691 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #10.1 through to and including Item #10.7. 10.1. Proclamation and Flag-Raising Request - Knights of Columbus of Ontario The Knights of Columbus Ontario State Convention is being held, in person, in Niagara Falls, April 22 through April 24, 2022. Henry Miller, of the Knights of Columbus of Ontario, is requesting the City of Niagara Falls to proclaim the week of April 17, 2022 - April 24, 2022 as "Knights of Columbus Week" in Niagara Falls 692 - 694 Page 13 of 751 and to arrange to have the Knights of Columbus flag raised at City Hall. KofC Ont SW to Niagara Falls Mayor and Council (25022022) Proclamation & Flag-Raising Request - Knights of Columbus of Ontario - Convention 10.2. Flag-Raising Request - Niagara Pride Week 2022 Pride Niagara requests the City of Niagara Falls to raise the Progress flag on Monday, May 30, 2022 for a period of 1 week. Niagara Pride Festival 2022 takes place from May 28 - June 5th, 2022. Flag-Raising Request - Niagara Pride Week - 2022 695 - 697 10.3. Flag-Raising Request - Children's Mental Health Children's Mental Health Awareness Week will run from May 2-8, 2022. Pathstone Mental Health is requesting the City of Niagara Falls' support by celebrating this week by bringing awareness to children's mental health, especially with their struggles over the past two years, and by raising the CMHAW Flag for the week of May 2-8, 2022. Flag-Raising Request - Children's Mental Health Awareness Week 698 - 699 10.4. Flag-Raising Request - Senior's Month The Niagara Falls Seniors Advisory Committee is requesting Council to approve a flag-raising ceremony on Monday, June 6, 2022 to celebrate all that Seniors do for our City. Flag-Raising Request - Senior's Month 700 10.5. Flag-Raising Request - Haitian Day Ambassador of Haiti is requesting a flag-raising ceremony at City Hall on Wednesday, May 18, 2022 and a Falls Illumination that evening with the colours of Haiti (red and blue) to commemorate this celebrated day. Flag-Raising Request - Haitian Day 701 10.6. Proclamation Request - Autism Ontario Autism Ontario is looking to share information to bring awareness of Autism to the community and invites the City of Niagara Falls to proclaim publicly Saturday, April 2, 2022 as "World Autism Day." 702 - 705 Page 14 of 751 Niagara Falls City Council - Autism Ontario 2022 WAD - Niagara Falls Council 2022 Proclamation WAD_FINAL 10.7. Flag-Raising Request - Filipino - Independence Day The Filipino Association requests the City of Niagara Falls to arrange a flag raising ceremony after the Clean sweep event June 11,2022, as they celebrate Independence Day on June 12, 2022. Flag-Raising Request - Filopeno - Independence Day 706 11. COMMUNICATIONS (RECEIVE AND FILE FOR INFORMATION) RECOMMENDATION: THAT Council receive and file for information Item #11.1 through to and including Item #11.4. 11.1. 2021 Niagara Falls Fire Department Annual Report (Report forthcoming) 11.2. Resolution - City of St. Catharines - Standing with the People of Ukraine Attached is a resolution passed by St. Catharines City Council on Monday regarding Standing with the People of Ukraine. The resolution is not being circulated for endorsement; rather, the Mayor of St. Catharines has asked that we send the resolution to the local area municipalities for their information and reference. Notification - Niagara Region - Standing with People of Ukraine 707 11.3. Resolution - City of Port Colborne - Support Early Learning and Child Care Plan Attached is a resolution supported by Port Colborne City Council regarding Early Learning and Child Care Plan. City of Port Colborne Resolution - Child Care Plan 708 - 709 11.4. Resolution - Town of Wainfleet - Rural Settlement Area Boundary Review Attached is correspondence respecting a motion passed by Wainfleet Council regarding the Rural Settlement Area Boundary Review. Township of Wainfleet - Motion - Niagara Region Official Plan 710 - 711 Page 15 of 751 12. COMMUNICATIONS (REFER TO STAFF) RECOMMENDATION: THAT Council refer to Staff Item #12.1 through to and including Item #12.2. 12.1. Ministry of Northern Development, Mines, Natural Resources and Forestry - Floating Accommodations on waterways over Ontario's public lands The ministry is seeking input from the public, Indigenous communities and municipal associations, by April 19, 2022, regarding the use of floating accommodations on waterways over Ontario's public lands. RECOMMENDATION: That the Matter be Referred to Staff. NDMNRF-PLA bulletin- Municipal_en_2022-03-03e 712 - 713 12.2. Property Tax Incentives for Hotels that Help Resettle Ukrainian Refugees The letter attached is a request to subsidize hotels being used as refugee hospice. RECOMMENDATION: That the Matter be Referred to Staff. Re Property Tax Incentives for Hotels That Help Resettle Ukrainian Refugees 714 13. COMMUNICATIONS 13.1. Ontario Ombudsman Report The Ombudsman has completed his investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020. His final report is attached. RECOMMENDATION: That Council approve the recommendations in the Ombudsman’s report. Ombudsman Ontario - Niagara Falls - March 2022 Cover Letter Ombudsman Ontario - Niagara Falls report - March 2022 715 - 725 14. COMMUNICATIONS 14.1. Komedy for Kidneys The 15th annual Komedy for Kidneys Rodney Pentland Memorial Benefit Show is taking place on Thursday April 14, 2022 at the Grew Frewin Theatre with proceeds benefiting the Niagara Health 726 Page 16 of 751 Foundation in support of Dialysis Care in Niagara. Councillors have the opportunity to purchase tickets through their annual Councillor Allowance budget. RECOMMENDATION: That Council provide direction to staff to coordinate any potential purchase of tickets and to also promote the event on our City website and through social media. City Council request K4K22 15. RESOLUTIONS 15.1. PBD-2022-27 Request for Council Resolution for a Minister's Zoning Order for lands bounded by Erie Road, Bridge Street, Queen Street and River Road WHEREASCouncil has determined such request to be appropriate; THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports the requested Ministry’s Zoning Order. No. 5 - Resolution MZO Downtown 727 - 728 16. RATIFICATION OF IN-CAMERA 17. NOTICE OF MOTION Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 18. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2022- 25. Being a by-law to delegate specific authority to the Chief Administrative Officer during the Restricted Acts of Council Period. 729 - 730 Page 17 of 751 By-law CAO Restricted Acts of Council Period 2022- 26. Being a by-law to amend the Procedure By-law 2019-04 to govern the procedures of Niagara Falls City Council. Amend Procedure By-law 731 - 733 2022- 27 A by-law to authorize the use of optical scanning vote tabulators for the purpose of counting votes at the 2022 Municipal Elections. Tabulators and Alternate Voting By-law 734 2022- 28. A By -law to appoint Deputy Lottery Licensing Officers. Deputy Lottery Licensing Officer by-law 735 2022- 29. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited). March 22 - Aintree Drive 736 2022- 30. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads.(Parking Prohibited) MW-2022-13 - By-law 737 - 738 2022- 31. A by-law to amend By-law No. 79-200, to permit the use of the lands for 67 townhouse dwelling units (AM-2021-018). AM-2021-018 by-law AM-2021-018 Schedule 1 739 - 741 2022- 32. A by-law to designate Blocks 100, 103 & 104, Registered Plan 59M-484, not to be subject to part-lot control (PLC-2022-002). PLC-2022-002 by-law 742 2022- 33. A by-law to authorize the execution of a revised Revitalization Grant Agreement with La Pue International Inc., respecting a Revitalization Grant to the owner of lands located within the Historic Drummondville Community Improvement Project Area. 743 - 748 Page 18 of 751 Bylaw 2022-XX, DRU-2020-001 Amendment to Revitalization Grant App, Pawel Fugiel (La Pue International) 2022- 34. A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2022 MAR 22 By-law Enforcement Officers 749 - 750 2022- 35. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22nd day of March, 2022. 03 22 22 Confirming By-law 751 19. NEW BUSINESS 20. ADJOURNMENT Page 19 of 751 The City of Niagara Falls, Ontario Resolution March 22, 2022 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act. WHEREAS on March 22, 2022, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2)(c), of the Municipal Act, namely; (2) A meeting or part of a meeting may be closed to the public if the subj ect matter being considered is; (c) a proposed or pending acquisition or disposition of land by the municipality; i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. THEREFORE BE IT RESOLVED that on March 22, 2022 Niagara Falls City Council will go into a closed meeting to consider matters that fall under section 239 (2) (c) to discuss a proposed or pending acquisition or disposition of land by the municipality in relation to MTO owned property as well as a separate proposed or pending acquisition or disposition of land involving City owned park land. Council will also consider confidential matters regarding the Niagara District airport which, if disclosed, could impact negotiations as well as a confidential update on an investment of the City of Niagara Falls through the Niagara Regional Broadband Network which if disclosed, could interfere with negotiations. Lastly, Council will consider a confidential request involving the Convention Centre on a technical matter supplied in confidence that involves their competitive position in the market. Page 20 of 751 AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 21 of 751 CLK-2022-06 Report Report to: Mayor and Council Date: March 22, 2022 Title: Amendment to Procedure By-law 2019-04 to Allow Electronic Participation for Council Meetings Recommendation(s) THAT Niagara Falls City Council receive report CLK 2022-06 for information, and THAT Niagara Falls City Council review By-law 2022-26, being a by-law to update the procedure By-law 2019-04 to permit electronica attendance and participation at open meetings of Council. Executive Summary In order to permit electronic attendance to members of Council during Council meetings, a by-law needs to be passed to amend the procedure by-law 2019-04 to formally permit electronic attendance at open meetings of Council, once the State of Emergency is rescinded. Background In March of 2020, the Province of Ontario announced the State of Emergency which allowed members of Council electronic attendance to count towards quorum and permitted them to vote via the Municipal Emergency Act, 2020. Municipalities throughout Ontario made adjustments to their procedure by-law to accommodate the legislation. The City of Niagara Falls amended Procedure By-law 2019-04 to permit the electronic participation during a State of Emergency. As of March 15, 2022, the State of Emergency was rescinded by the Regional Municipality of Niagara and all lower tier municipalities. As a result, the Procedure By- law needs to be updated to accommodate electronic participation. In addition, the Municipal Act, 2001, section 238(3.1) has been updated to permit electronic participation during a Council meeting. Furthermore, section 238(3.3) (a) permits a procedure by-law to include, "a member of council who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time during the meeting." This means that electronic participation by members of Council will now be permitted once established by procedure by -law. Page 1 of 2 Page 22 of 751 At this time, staff have drafted By-law 2022-26 to amended Procedure By-law 2019-04 to permit electronic participation for open Council meetings moving forward. Analysis By-law 2022-26 is located under By-laws for review and approval during that section of the meeting. Strategic/Departmental Alignment Approving the amending By-law 2022-26 will assist in modernizing our corporate practices. Contributor(s) Nidhi Punyarthi, City Solicitor/ Director of Legal Services Jason Burgess, Chief Administrative Officer Written by: Margaret Corbett, FOI, Records & Elections Officer Submitted by: Status: Bill Matson, City Clerk Approved - 15 Mar 2022 Jason Burgess, CAO Approved - 16 Mar 2022 Page 2 of 2 Page 23 of 751 MINUTES City Council Meeting 4:00 PM - Tuesday, March 1, 2022 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, March 1, 2022, at 4:00 PM, in the Council Chambers, with the following members present: PRESENT: Mayor Jim Diodati, Councillor Chris Dabrowski, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (Chambers), Councillor Carolynn Ioannoni (Zoom). EXCUSED: STAFF PRESENT: Councillor Vince Kerrio, Councillor Wayne Campbell Jason Burgess, Margaret Corbett (Acting Clerk), Shawn Oatley (Chambers) Jonathan Leavens, Kathy Moldenhauer, Nidhi Punyarthi, Trent Dark, Erik Nickel, Kira Dolch, Serge Felicetti, Chief Jo Zambito (Zoom App.) 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council enter into an In-Camera session. Carried Unanimously 2. CALL TO ORDER The meeting was called to order at 4:06 PM. O Canada - Sung by: Isabella Milano (recorded version) Land Acknowledgement and Traditional Indigenous Meeting Opening: Chief Stacey Laforme 3. ADOPTION OF MINUTES 3.1. Council Minutes of February 8, 2022 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson Page 1 of 10 Page 24 of 751 That Council approve the minutes of the February 8, 2022 meeting as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Lori Lococo declared a conflict of interest to Item #7.4 - R&C-2022- 03 - Canada Day - Fee for Service, as it involves her spouse's employer. b) Councillor Victor Pietrangelo declared a conflict of interest to Item #7.3 - L- 2022-02 - Prospective Land Acquisition by the City - Road Widening for Niagara South Hospital - Biggar Road, as his family owns land, not part of this report, but part of the overall road widening project which will be affected. c) Councillor Chris Dabrowski declared a conflict to Item #9.2 - Flag-Raising Request - Poland's Constitution Day, as the request was made by his father. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to Mr. Firenze, Father of Rosanna Firenze, former employee of our Legal and Clerk's Departments. b) Mayor Diodati informed Council and residents of the following events: Ukraine [photos of falls illuminations were shown) • Our hearts are with Ukraine—flag behind me in Council Chambers o And also flying on our flag poles outside • Falls illuminated blue & yellow for 1 hour each evening o Friday, Feb 25, Saturday, Feb 26 & Sunday, Feb 27 • Ukrainian President Zelenskyy and his wife Olena Zelenska visited Niagara Falls in 2019 Key to the City—Congratulations [photos were shown] • Erika Casupanan—Survivor 41 • First Canadian to win • Used resilience & ingenuity / experience in hospitality • Resilience in her DNA • Gino’s Pizza—Survivor flame pizza • Key—one-of-a-kind art piece by local artist, Skye Hicks Council Representatives Councillor Lococo Interview for Coldest Night of the Year 12-Hour Challenge Councillor Pietrangelo & Strange Walking in the Coldest Night of the Year Farmer’s Market Recognition [photos were shown] • Niagara Falls Farmer’s Market won o 2021 Farmer’s Market of the Year in Ontario o Great visibility and accessibility at MacBain Centre o High attendance Page 2 of 10 Page 25 of 751 • Congratulations to Recreation & Culture Staff as well as Farmer’s Market Coordinator, Janet Zylstra Jim Pay—Artwork [photos of 2 donated art pieces were shown] • It is a pleasure to announce—the artwork of former City Councillor and local artist, James E. Pay has been donated to the City’s collection • Former City Councillor Jim Paye contacted me at my office saying he wanted to donate some of his artwork to the City of Niagara Falls • After selections were made by the City’s Public Art Advisory Task Force, two pieces were selected [show photos] o Brink of the Horseshoe Falls, Niagara & o Niagara falls, from the American Side o Both are acrylic on canvas • Jim studied under the late A.J. Carson, the last of the members of Canada’s famous Group of Seven • Thank you to Jim Pay—for his generous donations Grand Openings/ Business Happenings [photos were shown] • WingsUP Niagara Falls—same plaza as Garrison’s Subs c) The next Council meeting is scheduled for Tuesday, March 22, 2022. 6. DEPUTATIONS / PRESENTATIONS 6.1. Niagara Regional Police Services The Niagara Regional Police Services, Office of the Chief of Police, Bryan MacCulloch, addressed public safety concerns within the community by sharing a presentation. The Chief was joined by the following: • Mario Lagrotteria (Inspector), whom made a brief presentation. • Marco Giannico (Superintendent) • Bob Gale (Police Services Board Member) • Brett Flynn (Deputy Chief) • Stephanie Sabourin (Corporate Communications) Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo That Council receive the presentation for information. Carried Unanimously 7. REPORTS 7.1. CAO-2022-01 Delegated Authority to the Mayor and CAO to extend the agreement with the Niagara Falls Hotel Association on the collection of the Municipal Accommodation Tax (MAT) Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson Page 3 of 10 Page 26 of 751 That Mayor and CAO be provided delegated authority to extend the agreement with the Niagara Falls Hotel Association on the collection of the Municipal Accommodation Tax (MAT), under the same terms as the previous agreement. Carried Unanimously 7.2. F-2022-13 2022 Plow Truck Procurement Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski 1. That council amend the 2022 Capital Budget to approve the inclusion of three (3) additional plow trucks into the plow truck tender, valued at approximately $987,000, to be funded by the fleet reserve via project FR10-22; 2. That an increase to the annual fleet reserve contribution through vehicle rental rates be referred to the 2023 operating budget process; 3. That staff report back during the 2023 capital budget process to provide an update on the status of the 2022 plow truck procurement and the feasibility of a multi-year procurement for 2024 to 2026. Carried Unanimously 7.3. L-2022-02 Prospective Land Acquisition by the City - Road Widening for Niagara South Hospital - Biggar Road Councillor Pietrangelo left the meeting as he declared a conflict to Item #7.3. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange 1. In the event that Council determines that it is in the best interest of the public to do so, that the City enter into an Agreement of Purchase and Sale with Niagara Health System (the "Vendor") to purchase Part of Lot 1 Concession Broken Front being Parts 4 an d 5 on 59R-17077 (the "Subject Lands") and shown on Schedule "A" to this Report for nominal consideration. 2. That the Mayor and City Clerk be authorized to execute the Agreement of Purchase and Sale, and to affix the corporate seal. 3. That the City Solicitor, or in her absence, the Chief Administrative Officer, or his designate, is authorized to execute all documentation and take whatever steps necessary to carry out the purchase transaction under Recommendation 1. Carried Unanimously (Councillor Pietrangelo declared a conflict). 7.4. R&C-2022-03 (Letter from Downtown BIA added) Page 4 of 10 Page 27 of 751 Canada Day Celebrations Fee for Service Councillor Pietrangelo returned to the meeting. Councillor Lococo left the meeting as she declared a conflict to Item #7.4. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council defer this report and the delivery of the Canada Day Celebrations as a Fee for Service for 2022 and for staff to further discuss with the Downtown BIA Council representatives and the Downtown BIA ; furthermore, to bring a report back to Council on March 22, 2022. Carried Unanimously (Councillor Lori Lococo declared a conflict of interest). 8. CONSENT AGENDA Councillor Lococo returned to the meeting. 8.1. CLK-2022-03 Fee Waiver Application - Fallsview BIA - Ontario BIA Association Conference Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo That Council approve the Fee Waiver Application for: 1. Fallsview BIA - Ontario BIA Association Conference - in the amount of $2,276.95 for the waiving of fees for the busses to be provided without cost. Carried Unanimously 8.2. F-2022-10 Monthly Tax Receivables Report - January Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo That Council receive the Monthly Tax Receivables report for information purposes. Carried Unanimously 8.3. MW-2022-12 Aintree Drive - Parking Control Review Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo Page 5 of 10 Page 28 of 751 That a 40-metre No Parking zone be installed on the east and south sides (inside of curve) of Aintree Drive between a point 220 metres north of Paddock Trail Drive (south intersection) and a point 250 metres west of Paddock Trail Drive (east intersection). Carried Unanimously 8.4. R&C-2022-02 Naming and Renaming of City Property – Dr. Henry Girdlestone Acres Application Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo THAT Council approve the Recreation Committee’s recommendation to name Section 2 of the Millennium Recreational Trail in honour of Dr. Henry Girdlestone Acres. Carried Unanimously 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK (FOR SUPPORT/APPROVAL) 9.1. Resolution - Town of Ajax - Nuisance noise created by modified/missing mufflers. Town of Ajax is soliciting other municipalities to request support of this issue. 9.2. Flag-Raising Request - Poland's Constitution Day The Polish National Union of Canada is requesting that the City of Niagara Falls raise Poland's National Flag at City Hall on Tuesday, May 3, 2022, to officially celebrate Poland's "Constitution Day." 9.3. Flag-Raising Request - Italian Heritage Month National Congress "12th Annual Italian Heritage Month is taking place on Thursday, June 2nd, 2022 at 12:00 PM. Council is being asked to approve this request and to attend the event if approved. 9.4. Flag-Raising Request - Meals on Wheels The Executive Director of Meals on Wheels for the Niagara Falls/NOTL area, has reached out to the City to request that the "Meals on Wheels" flag be raised at some point in March 2022, to help promote the "March for Meals" campaign. 9.5. Proclamation Request - Hidradenitis Suppurativa Awareness Week - June 6-12, 2022 The Canadian Skin Patient Alliance (CSPA) is requesting the City of Niagara Falls to proclaim the week of June 6-12, 2022 as "Hidradenitis Suppurativa (HS) Awareness Week." Page 6 of 10 Page 29 of 751 The CPSA is a non-profit organization dedicated to advocate, educate and support Canadians living with skin diseases, conditions and traumas. 9.6. Proclamation - Green Shirt Day - April 7, 2022 To bring awareness to the importance of organ donation, Council is being asked to proclaim Thursday, April 7, 2022 as "Green Shirt Day." Green Shirt day came out of the horrific bus crash in Canadian history in April 2018, involving the Humboldt hockey team. The Niagara Falls Illumination Board is already recognizing April 7, 2022 as Green Shirt Day 2022 but illuminating the Falls green at 10:00 pm that evening for fifteen (15) minutes. RECOMMENDATION: That Council approve the request to proclaim Thursday, April 7, 2022 as "Green Shirt Day." Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That Council approve/support Item #9.1 through to and including Item #9.6. Carried Unanimously (Councillor Dabrowski declared a conflict of interest to Item #9.2). 10. COMMUNICATIONS (RECEIVE AND FILE FOR INFORMATION) 10.1. Resolution - Town of Lincoln - Partners for Climate Change Protection (PCP) Program See attached Town of Lincoln Council resolution regarding Partners for Climate Change Protections (PCP) Program, passed at the February 7, 2022 meeting. 10.2. Resolution - City of Thorold - Support for Increased Fines for Firearms Infractions Please be guided by the attached correspondence regarding support for Increased Fines for Firearms Infractions. 10.3. MP, Peter Julian, New Westminster, Burnaby - Seeking endorsement for Bill C-229. Attached is a letter from Peter Julian, MP, New Westminister - Burnaby addressed to Mayor and Council seeking support for this leglislation. 10.4. Correspondence from Niagara Region - Report COM6-2022 respecting Evaluation of 2019 and 2020 Niagara Prosperity Initiative Attached is report from Niagara Region respecting the Evaluation of 2019 and 2020 Niagara Prosperity. 10.5. 2022 Ontario Farmland Forum Page 7 of 10 Page 30 of 751 Attached is information pertaining to the 2022 Ontario Farmland Forum, hosted by the Ontario Farmland Trust, held virtually on Thursday, March 24, 2022. This year's theme is "The Future of Farm Diversification." 10.6. Resolution - Town of Bracebridge - Hospital Capital Funding Attached is a motion from the Town of Bracebridge regarding Hospital Capital Funding. Moved by Councillor Lori Lococo Seconded by Councillor Wayne Thomson That Council receive and file for information Item #10.1 through to and including Item #10.6. Carried Unanimously 11. COMMUNICATIONS (REFER TO STAFF) 11.1. Correspondence from resident, David Leach - re: Gas Powered Leaf Blowers Resident David Leach sent attached email to Mayor Diodati and Council Members addressing his concerns regarding the use of gas powered leaf blowers in the City of Niagara Falls and the harmful emissions and excessive noise they cause. Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That Council refer to Staff Item #11.1. Carried Unanimously 12. RATIFICATION OF IN-CAMERA Council met earlier during an In-Camera session on a property matter and there was further direction to staff and a more fulsome ratification will be forthcoming at a future meeting of Council. 13. NOTICE OF MOTION There were no notices of motion. 14. BY-LAWS 2021- 86. A by-law to authorize a Franchise Agreement between The Corporation of the City of Niagara Falls and Enbridge Gas Inc. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange Page 8 of 10 Page 31 of 751 That by-law 2021-86 be read a third time and passed. Carried Unanimously 15. BY-LAWS 2022- 23. A by-law to establish Block 103 on Plan 59M-395 (one foot reserve) as a public highway to be known as, and, form part of Mann Street. 2022- 24. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 1st day of March, 2022. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That the by-laws be read a first, second and third time and passed. Carried Unanimously 16. NEW BUSINESS a) Councillor Lori Lococo discussed the return of public to the gallery now that we are moving ahead post-pandemic. Jason Burgess, CAO, informed Council that this was an item for discussion at the next EOC meeting, pending information sent from Dr. Hirji. b) Pot Holes Councillor Carolynn Ioannoni mentioned the pot hole issue that exists in the City, particularly in the Chippawa area. Erik Nickel, Director of Municipal Works, provided an explanation as to the process taken to repair. Direction to staff to address the potholes in the Willoughby Road area (Main Street and Weaver area). c) Chippawa Welcome Sign - Portage Road Councillor Chris Dabrowski discussed the welcome sign as you enter Chippawa that needs repair. Direction of staff to bring a report back to Council regarding the current condition of the sign and options to maintain the condition of the sign. (half o the sign is on the City's right-of-way and the other half is on Niagara Parks Commission property). d) Councillor Dabrowski recommended our City's website be updated to include pertinent information to residents for travelling to and from the U.S. Direction to staff be update the website accordingly by including the appropriate provincial and federal links; furthermore, to advise NFT (Niagara Falls Tourism) to do the same. e) Hospice in Niagara Falls Councillor Pietrangelo discussed the importance of having a hospice in the City of Niagara Falls to service the ageing population. Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski Page 9 of 10 Page 32 of 751 That Council waive the procedural by-law to allow for a motion to be passed under new business. Carried Unanimously Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski That Council request Staff to report back on how the City of Niagara Falls can get a hospice within its boundaries and to include possible sites. Carried Unanimously 17. ADJOURNMENT a) Adjournment Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council adjourn the meeting at 6:30 PM. Carried Unanimously Mayor City Clerk Page 10 of 10 Page 33 of 751 Official Plan Update City of Niagara Falls March 22, 2022 Page 34 of 751 Clearer policies for local implementation and coordination with Regional planning. new niagara official plan Improved mapping of the Region’s natural heritage features and water resources Support a diverse range of dwelling types to addresses affordability and market demand. OUR NATURAL ENVIRONMENT SYSTEM OUR HOUSING MIX Prioritize climate change throughout the plan to achieve sustainable and resilient communities. OUR RESPONSE TO CLIMATE CHANGE Identified areas that are protected for long-term investment in employment uses. OUR ECONOMIC COMPETITIVENESS OUR PLANNING FRAMEWORK Page 35 of 751 niagara 2051 review Niagara Official Plan Forecasts when and where growth will occur. Transportation Master Plan Plans for improvements to the street network. Master Servicing Plan Plans for improvements to the W/WW network. Development Charges By-law Growth pays for growth. Integrated Land Use Planning, Infrastructure, and Finance Page 36 of 751 vision and pillar statements Exceptional development and communities Diverse housing types, jobs and population Thriving agriculture and tourism Resilient urban and natural areas Page 37 of 751 official plan chapters •Agriculture •Employment •Mineral Aggregate Resources •Petroleum and Mineral Resources •Economic Prosperity •Transportation •Infrastructure •Public Spaces, Recreation, Parks, Trails and Open Space •Forecasted Growth •Regional Structure •Housing •Natural Environment •Watershed Planning •Source Water Protection •Stewardship •Climate Change •Niagara Escarpment •Excess Soil •District and Secondary Plans •Urban Design •Archaeology •Cultural Heritage Page 38 of 751 climate change Policies across the Niagara Official Plan support the transition to net-zero, climate-resilient communities. Support built form and land use patterns that use land efficiently and reduce transportation emissions Enhance carbon sinks that store and sequester carbon Mitigate hazards and coordinate with emergency management Support conservation and energy reduction Enhance the adaptive capacity of infrastructure Page 39 of 751 official plan purpose WHAT WE WILL PROTECT HOW AND WHERE WE GROW SYSTEMS THAT PROVIDE FOR THEM Page 40 of 751 202K 85K 60%1% how we grow increase in population between 2021 and 2051 increase in employment between 2021 and 2051 of housing directed to existing built-up areas regional land base added to settlement areas The Niagara Official Plan will strategically direct forecasted growth to make efficient use of existing infrastructure and built-up areas,while addressing overall housing need.Page 41 of 751 growth forecast and intensification targets Population and Employment Forecasts by Local Municipality Niagara Region Intensification Targets by Local Municipality Page 42 of 751 Page 43 of 751 adjusting boundaries The Region is responsible for determinining whether settlement area boundary expansions are needed to accommodate growth. LAND NEED •Dependent on regional land need forecasts. CRITERIA •Subject to a comprehensive evaluation. TIMING •Permitted only during the new Official Plan. Technical adjustments and rationalizations are also included for Provincial conformity,to correct mapping errors,and to recognize existing conditions. Slide 11 Page 44 of 751 land need assessment Regional Land Need (March 2022) Community Area +785 hectares Employment Area +260 hectares Rural Area +115 hectares Outside of urban area land need, the new Official Plan includes: 1,400 +ha of Greenbelt Protected Countryside 3,300 +ha of Growth Plan Prime Agricultural Area 38,000 +ha of Provincial Natural Heritage system Slide 12 Page 45 of 751 Established Criteria Public Consultation Requests Received and Assessed Recommendations Identified Stakeholder Consultation Public Consultation settlement area boundary review process Official Plan Submission WE ARE HERE Preferred Recommendations Public Meeting Page 46 of 751 urban area evaluation criteria Land Use Complete communities Land needs Surrounding neighbourhoods Sanitary Services Existing treatment plant(s) Sanitary servicing Environmental impact Transportation Major road access Existing/local road networks Public transit Active transportation Aggregates Aggregate operations Agriculture Soil classification Livestock operation(s) Agri-food network Water Services Municipal water servicing Future connections Environmental impact Environment Natural heritage features Fragmentation Watershed impacts Water quality Species at risk Topographic impacts Slide 14 Page 47 of 751 Page 48 of 751 what we protect Aggregate Resources Natural Environment System Agricultural System Source Water Protection Niagara Escarpment Cultural Heritage and Archaeology Page 49 of 751 natural environment system s. 3.1 Regional Council selected the strongest option for environmental protection for incorporation into the draft consolidated Official Plan. The Region’s integrated Natural Environment System will include: Key hydrologic features (wetlands, watercourses, etc.) 1 2 Key hydrologic areas and other water resource features to be informed by watershed planning Key natural heritage features (woodlands, valleylands, etc.) 3 4 Provincial natural heritage systems 5 Linkages and buffers 6 Supporting features and areas, enhancement areas Page 50 of 751 natural environment systemLEGEND Settlement Area Medium and Large Linkages Small Linkages Life Science ANSI Earth Science ANSI Significant Woodlands Other Woodlands Other Wetlands and Non Provincially Significant Wetlands Provincially Significant Wetlands Waterbodies Inland Lakes Mapped Vegetation Protection Zones/Buffers Page 51 of 751 District and Secondary Plans Neighbourhood level plans that envision the types of land uses to be developed within a specified area and the improvements needed to realize that vision. Urban Design Policies and/or guidelines that outline the scale,form,and design standards used for a community’s built form,streetscape,and public realm. Infrastructure & Transportation Policies Policies that identify how infrastructure will support where and how we grow and provide a sustainable transportation system that accommodates forecasted growth. Comprehensive approach to protecting the Natural Environment System while planning for development. the systems that provide for them Sub-Watershed Planning Page 52 of 751 outcomes Affordable housing opportunities. Climate change adaptation and mitigation. Efficient use of infrastructure. Investments in public amenities. Protection of natural and rural systems. Support for economic development. Page 53 of 751 official plan timeline NOVEMBER and DECEMBER 2021 •Employment Conversions •SABR •Natural Environment JANUARY and FEBRUARY 2022 MARCH and APRIL 2022 •Consolidated Official Plan Release •Public Information Centres •SABR Comment Deadline •Statutory Public Open House and Public Meeting (April) MAY and JUNE 2022 •Assess Comments Received •Recommendation Report to Council (June) JULY 2022 •Deadline for Provincial Approval Page 54 of 751 Questions? Page 55 of 751 PBD-2022-17 Report Report to: Mayor and Council Date: March 22, 2022 Title: Staff Information Report - Presentation on the Region's Draft Official Plan Recommendation(s) 1. This report is submitted for the information of Council. Executive Summary The Niagara Region is undergoing the preparation of a new consolidated Official Plan to replace the existing Official Plan which was created in the 1970’s. The process was initiated in 2019 with the preparation of background studies. Draft policies and mapping were prepared in 2020 and a draft Official Plan document in 2021. The target completion date for the New Niagara Official Plan is June 2022. Once endorsed by Regional Council, the new plan will be forwarded to the Province by the Minister of Municipal and Housing. Background A presentation on the Region’s draft Official Plan will be made by Regional Staff for the information of Council. The purpose of this report is to provide Council with a general overview of the draft Official Plan prior to the delegation. Analysis City participation with the background studies and draft policy preparation has been ongoing throughout the Region’s process. The findings of the City’s Housing Strategy Study and Employment Land Needs Study have fed into to the City’s response to the Region’s draft policies on intensification, housing targets and employment needs. Staff are currently reviewing the individual sections of the draft document with the aim of providing technical comments. Subsequent to the approval of the Region’s Official Plan by the Province, the City will need to initiate the process of bringing the City’s Official Plan into conformity with the Region’s document. This process will commence in 2023. The Region’s draft official Plan has been organized into five sections: • Growing Region – manage growth and development, housing mix and affordable housing • Connected Region – transit, recreation, trails, infrastructure and technology Page 1 of 5 Page 56 of 751 • Competitive Region – employment and agricultural land protection • Vibrant Region – strong urban design and cultural heritage protection • Sustainable Region – natural environment and climate change In anticipation of the presentation, and for the information of Council, Staff have prepared a general outline which highlights some of the draft policies t hat will affect the City’s Official Plan (see Appendix A). Financial Implications/Budget Impact The Region’s Draft Official Plan does not have financial implications at this time. However, under the provisions of the Planning Act, the City will be required to update our Official Plan to conform with the Region’s Plan. The City’s 2022 budget includes the preparation of a new municipal Official Plan to replace the current 1991 Official Plan. List of Attachments Appendix A - Draft Regional Policies and City OP Policies Written by: Francesca Berardi, Planner 2 Submitted by: Status: Brian Dick, Manager of Policy Planning Approved - 15 Mar 2022 Kira Dolch, Director of Planning, Building & Devlopment Approved - 15 Mar 2022 Jason Burgess, CAO Approved - 16 Mar 2022 Page 2 of 5 Page 57 of 751 Appendix A Draft Region policies and the City’s Official Plan policies Growing Region –general overview Growing Region - Impact on the City The policies within the Growing Region address targets for population, employment and housing. •anticipated population Region wide of 694,000 to 2051 •a target of 60% intensification to 2051; the remaining 40% would go to designated Greenfield Areas •Settlement Area expansions needed to accommodate the land needs for the 2051 target •three settlement area boundary expansion were proposed for Niagara Falls through Regional Report PDS 7-2002: the northwest area (QEW@Mountain Road), southwest area south of the new Hospital site; and west of Garner Road south of Lundy’s Lane. These long term expansion sites remain unchanged after public consultation. •affordable housing targets: 20% of all new rental housing and 10% of all new ownership housing to be affordable The City’s Official Plan would need an update to include policies that: •accommodate the anticipated population of 141,650 and employment for 58,110 by 2051 through land base, infrastructure, and public service facilities •meet or exceed an intensification target of 50% or 10,100 units •implement strategic intensification and higher density targets to its target strategic growth areas which are the Transit Station Area (125 people and jobs/ha to 2051) and the area surrounding the new Niagara Hospital site •include secondary plans for new strategic growth areas and urban area expansions •identify tools, initiatives and programs to meet housing needs, support affordable housing target and monitoring Connected Region – general overview Connected Region – impact on the City The policies within the Connected Region support connections with transit, recreation, trails and infrastructure and technology. •updates to the Regional Road widths table to be undertaken through a future amendment to allow for local municipal consultation •identifies Higher Order Transit Stations – Go Station in Niagara Falls •includes the conceptual planning corridor in south Niagara to Hamilton (south of Niagara Falls boundary) •leverage infrastructure investment to direct and support growth to strategic growth areas and support intensification and density targets •develop a long term waste management strategic plan •co-ordinate with public/private utility and local municipality to ensure objectives of the Plan •promote the development of energy supply (electrical, renewable, alternative) •large scale wind energy systems will require a The City’s Official Plan would need an update to include policies that: •develop stormwater master plans for serviced settlement areas to protect water quality/quantity; incorporate low impact development and green infrastructure •confirm the provision of utilities through development review process (policies exist) •acquire parkland as per the Planning act and integrate development with parks and trails •maintain and improve public access to shorelines, establish an open space system within settlement areas Page 3 of 5 Page 58 of 751 Regional Official Plan amendment Competitive Region – general overview Competitive Region – impact on the City The policies within the Competitive Region address support for employment opportunities and the protection of agricultural lands. •the Province’s agricultural base map is refined •a requirement for agricultural impact assessments is added •employment is categorized into type: core, dynamic, knowledge and innovation. Density targets are provided per area/type. •lands north of Reixinger Road, east of QEW identified as a dynamic employment area •a Future employment area is identified for growth beyond 2051 under the Niagara Economic Gateway (along QEW to Fort Erie) •mineral aggregate, petroleum and mineral resources, policies carried through and refined mapping The City’s Official Plan would need an update to include policies that: •protect the agricultural land base; provide direction for non-agricultural development (existing) and protect it from incompatible uses •to consider regulation of placement of fill, address agricultural related and on-farm diversified uses and use site plan control to regulate certain of those related uses (existing) Sustainable Region – general overview Sustainable Region – impact on the City OP The policies within the Sustainable Region protect the natural environment and prepare for climate change. •the Natural Heritage System includes Provincial natural heritage systems and mapping through overlays and new designations. The Plan includes added protection for natural heritage systems within urban settlement areas •watershed and subwatershed plans to inform land use planning •new Climate change polices regarding a regional energy plan and new options for green development standards •require a soil management plan as part of a Planning Act application process for new development The City’s Official Plan would need an update to include policies that: •implement the recommendations of watershed and subwatershed studies as part of development review •address climate change requirements; consider climate projections in land use policies, strategies and guidance •update site alteration and fill by-laws, if needed Vibrant Region – general overview Vibrant Region –impact on the City OP The policies within the Vibrant Region support strong urban design and the protection of cultural heritage. •identifies District Plans for Brock and Glendale areas to guide urban growth •secondary plans to guide strategic growth areas and greenfield areas with new urban expansion, as well as large scale development within existing greenfields. •secondary plans are to be informed by subwatershed plans •aim for a high level of urban design using the Region’s Model Urban Design Guidelines as a tool The City’s Official Plan would need an update to include policies that: •require a secondary plans for the proposed strategic growth area at the new Hospital area site, new expansions to the urban boundary and for large scale development in existing greenfields. A secondary plan has been completed for the Go Transit Station Area. •identify the requirement for subwatershed studies for secondary plans •reflect the urban design guidelines of the Region in public realm and street design Page 4 of 5 Page 59 of 751 •manage archaeological data and mapping on behalf of local municipalities •identifies the Welland Canal as a Cultural Heritage Landscape •recognize a MOU to implement an Archaeological Management Plan Implementation –impacts on City OP •new - may require hydrologic evaluation for any proposal adjacent to a water resource feature •new section addressing engagement and coordination with Indigenous communities on land use planning matters In addition, the Implementation Policies of the Region’s Draft Official Plan introduce a requirement for hydrologic evaluation for any proposal adjacent to a water resource feature and add a new section addressing engagement and coordination with Indigenous communities on land use planning matters. The City’s Official Plan would need to be updated to include the appropriate references. Page 5 of 5 Page 60 of 751 March 22, 2022 2022 AM Plan Update Core Assets Page 61 of 751 A GREAT CITY…FOR GENERATIONS TO COME AGENDA •Introduction •State of Infrastructure •Levels of Service •Risk Management Strategy •Lifecycle Management Strategy •Financial Strategy •Improvements & Next Steps Page 62 of 751 A GREAT CITY…FOR GENERATIONS TO COME Introduction Page 63 of 751 A GREAT CITY…FOR GENERATIONS TO COME The coordinated activity of an organization to realize value from assets What is Asset Management? Level of Service Cost of Service Risk •Delivering the service levels customers need and regulators require •While minimizing total costs of asset ownership •At an acceptable level of risk •Within an environment of limited resources Page 64 of 751 A GREAT CITY…FOR GENERATIONS TO COME O.Reg. 588/17 AM Planning for Municipal Infrastructure Grant eligibility Core Assets •Roads •Bridges & Culverts •Stormwater •Water •Wastewater Why Asset Management?Page 65 of 751 A GREAT CITY…FOR GENERATIONS TO COME Why Asset Management? To support City planning Level of Service Cost of Service Risk Page 66 of 751 A GREAT CITY…FOR GENERATIONS TO COME State of Infrastructure Page 67 of 751 A GREAT CITY…FOR GENERATIONS TO COME O.Reg. 588/17 State of Infrastructure Page 68 of 751 A GREAT CITY…FOR GENERATIONS TO COME Asset Inventory & Replacement Costs State of Infrastructure Page 69 of 751 A GREAT CITY…FOR GENERATIONS TO COME Asset Age & Estimated Life State of Infrastructure Page 70 of 751 A GREAT CITY…FOR GENERATIONS TO COME Asset Condition State of Infrastructure UNKNOWNS (no install dates, no condition data) Catchbasins Services Watermains Curb Stops Page 71 of 751 A GREAT CITY…FOR GENERATIONS TO COME Data Sources & Confidence Data Decisions Confidence in data confidence in decisions Prioritize data quality importance of decision State of Infrastructure Page 72 of 751 A GREAT CITY…FOR GENERATIONS TO COME Levels of Service Page 73 of 751 A GREAT CITY…FOR GENERATIONS TO COME What are levels of service? Levels of Service Level of Service Cost of Service Risk Page 74 of 751 A GREAT CITY…FOR GENERATIONS TO COME O.Reg. required reporting Levels of Service Page 75 of 751 A GREAT CITY…FOR GENERATIONS TO COME Current Asset Performance –Stormwater Levels of Service Page 76 of 751 A GREAT CITY…FOR GENERATIONS TO COME Current Asset Performance –Wastewater Levels of Service Page 77 of 751 A GREAT CITY…FOR GENERATIONS TO COME Risk Management Strategy Page 78 of 751 A GREAT CITY…FOR GENERATIONS TO COME O.Reg. 588/17 Risk Management Strategy Level of Service Cost of Service Risk Page 79 of 751 •CoF •How important •Financial •Health & Safety •Service Delivery •Reputational •Environment A GREAT CITY…FOR GENERATIONS TO COME Risk Exposure Risk Management Strategy Consequence of Failure x Probability of Failure •PoF •How likely Page 80 of 751 A GREAT CITY…FOR GENERATIONS TO COME Risk Matrix –Core Assets Risk Management Strategy •Risk Select management strategy •Prioritize Page 81 of 751 A GREAT CITY…FOR GENERATIONS TO COME Risk Matrix –Core Assets Risk Management Strategy BECK ROAD S104B, BCI=49 VARIOUS RDS •Risk Select management strategy •Prioritize Page 82 of 751 A GREAT CITY…FOR GENERATIONS TO COME Lifecycle Management Strategy Page 83 of 751 A GREAT CITY…FOR GENERATIONS TO COME O.Reg. 588/17 Lifecycle Management Strategy Level of Service Cost of Service Risk Page 84 of 751 A GREAT CITY…FOR GENERATIONS TO COME Lifecycle Management Categories Lifecycle Management Strategy Page 85 of 751 A GREAT CITY…FOR GENERATIONS TO COME Lifecycle Management Strategies Lifecycle Management Strategy Page 86 of 751 A GREAT CITY…FOR GENERATIONS TO COME Growth & Upgrade Needs Lifecycle Management Strategy •Developer constructed, City assumed •City constructed (2019 DC Study)Page 87 of 751 A GREAT CITY…FOR GENERATIONS TO COME Renewal Needs –Costs Lifecycle Management Strategy WATER Mains ($8.3) WASTEWATER Sewers ($20.9) MHs ($3.3) Laterals ($5.0) Backlog ROADS Sidewalks ($11.9) BRIDGES Bridges ($3.9) Renewal Needs include: -Removing backlog -Other planned works to maintain condition at 80% F+Page 88 of 751 A GREAT CITY…FOR GENERATIONS TO COME Renewal Needs –Benefits Lifecycle Management Strategy •Impact of undertaking renewal strategy Page 89 of 751 A GREAT CITY…FOR GENERATIONS TO COME Operations & Maintenance Needs Lifecycle Management Strategy •Additional activities to meet current LOS •Due to growth and upgrade in asset portfolio Page 90 of 751 A GREAT CITY…FOR GENERATIONS TO COME Summary of Lifecycle Needs All Assets Lifecycle Management Strategy Page 91 of 751 A GREAT CITY…FOR GENERATIONS TO COME Financing Strategy Page 92 of 751 A GREAT CITY…FOR GENERATIONS TO COME O.Reg. 588/17 Financing Strategy Level of Service Cost of Service Risk Page 93 of 751 A GREAT CITY…FOR GENERATIONS TO COME Financing Strategy Sustainability for Renewal Tax Base: Transportation & Stormwater Renewal Needs include -Removing backlog -Other planned works to maintain condition at 80% F+Page 94 of 751 A GREAT CITY…FOR GENERATIONS TO COME Sustainability for Renewal User Fee: Water & Wastewater Financing Strategy Renewal Needs do not include -Sewer separation results in more assets, takes $$ from renewal -Climate change Page 95 of 751 A GREAT CITY…FOR GENERATIONS TO COME Closing the funding gap Financing Strategy •Reduce near term renewal needs •defer projects on lower risk assets •likely increase maintenance costs •Increase available funds •leverage third party grants •increase property taxes or rates •Consider changing stormwater funding source •from property taxes … •to a dedicated and stable stormwater user fee Page 96 of 751 A GREAT CITY…FOR GENERATIONS TO COME Improvements & Next Steps Page 97 of 751 A GREAT CITY…FOR GENERATIONS TO COME Recommended AM Planning improvements Improvements & Next Steps •Asset knowledge: condition inspections of sidewalks, stormwater sewer mains, MHs, ponds (underway) •Levels of Service: add measures for operations and maintenance effectiveness and financial sustainability •Lifecycle Management: update master plans to improve growth forecasts, look to reduce cost of service •Budgeting & tracking for Operating & Capital by asset class for next 10 years (O.Reg. requirement) •Consider changing funding source for stormwater from property taxes to a dedicated stormwater user fee Page 98 of 751 A GREAT CITY…FOR GENERATIONS TO COME Recommended AM Governance improvements Improvements & Next Steps •Establish an AM Governance Model and Structure •Build AM capability across the organization •Elevate AM closer to the top of the City’s organization structure •Add resources to the City’s AM team to prioritize AM practices going forward •Streamline and standardize AM business processes •Focus City resources on right AM activities •Prioritize allocation of lifecycle interventions •Increase confidence in resource allocations (human & capital)Page 99 of 751 A GREAT CITY…FOR GENERATIONS TO COME Closing Recommendations •Build AM capability by elevating AM closer to the top of the City’s organization structure and adding resources to the City’s AM team •Continue to invest in City assets by introducing additional efforts and resources to better determine and document the condition of our assets •Examine and establish sustainable levels of service that align with available funding limitations •Account for ongoing maintenance, operational and rehabilitation costs in the future when considering the construction or adoption of new assets Page 100 of 751 A GREAT CITY…FOR GENERATIONS TO COME Closing Recommendations •Inform the budget process going forward with the outcomes and recommendations of the AM Plan •Council to prioritize closing the infrastructure funding gap •Council to recognize this AM Plan represents the City’s core assets –more information will come over the next several years on non-core assets, and we are likely to see similar conclusions Page 101 of 751 A GREAT CITY…FOR GENERATIONS TO COME Thank You!Page 102 of 751 MW-2022-16 Report Report to: Mayor and Council Date: March 22, 2022 Title: Draft Asset Management Plan - Core Assets Recommendation(s) That Council receive the Draft Asset Management Plan - Core Assets, report for information. Executive Summary The City of Niagara Falls (the City) provides a range of services to residents, businesses and visitors, including transportation, stormwater management, water, wastewater, parks and recreation, fire protection, and municipal administration services such as by -law enforcement and development planning. To deliver these services, the City relies on a wide range of infrastructure assets. The City released it's first asset management plan (AM Plan) documents in 2013 when the Province introduced asset management planning requirements through the "Building Together - Guide for Municipal Asset Management Plans" program. The 2022 AM Plan is an update to the City’s 2013 AMP and it serves to fulfil the requirements of Ontario Regulation 588/17: Asset Management Planning for Municipal Infrastructure, approved under the Infrastructure for Jobs and Prosperity Act, 2015. The 2022 AM Plan describes the actions required to manage the City’s core infrastructure assets in a way that meets service levels, while managing risks and costs. The City’s core infrastructure assets include roads, bridges and culverts, and stormwater management, water and wastewater systems. The City’s core assets have an estimated replacement value of $2,121.2 million ($2.12 Billion 2022$). The 2022 AM Plan for Core Assets focuses on the 10-year period from 2022 to 2031 and provides a framework for continuously improving the City’s AM practices. To maintain compliance with O.Reg 588/17 the City's AM Plan for Core assets must be endorsed by City Council and submitted to the Ontario Ministry of Municipal Affairs and Housing by July 01, 2022. Compliance with the legislation helps to ensure that the City remains eligible for future funding opportunities including provincial grant programs related to municipal infrastructure. Page 1 of 143 Page 103 of 751 This report and corresponding presentation delivers the draft AM Plan to council and members of the public for consumption and review. The final AM Plan will be brought to Council for endorsement in June 2022 to ensure regulatory reporting timelines are met. Background As mentioned previously the City released it's first asset management plan documents in 2013 when the Province first introduced asset management planning requirements through the "Building Together - Guide for Municipal Asset Management Plans" program. Following on the 2013 work the Ontario government approved Ontario Regulation 588/17, "Asset Management Planning for Municipal Infrastructure" under the Infrastructure for Jobs for requirements specific outlines reporting 2015 Act, Property and which municipalities across Ontario. There are several key reporting requirements set forth by O.Reg 588/17 which as follows: • 2019 01, July - prepare asset strategic first its shall Every municipality management policy (SAMP) which needs to be reviewed and updated every 5 years. City staff brought the SAMP to council in 2019 via Policy #: 340.01. • July 01, 2022 - Every municipality shall prepare an asset management plan in respect of its core municipal infrastructure assets by July 1, 2022 • July 01, 2024 - Every municipality must complete an asset management plan for all of its other municipal infrastructure assets. • July 01, 2025 - For each asset category provide proposed levels of service the municipality proposed to provide for each of the 10 years of the plan O.Reg 588/17 also stipulates the on-going review and update of asset management plans - most notably the following criteria: • Every municipality shall review and update its asset management plan at least 5 (five) years after the year in which the plan is completed • Every AMP prepared under O.Reg 588/7 must be endorsed by the executive lead of the municipality and approved by a resolution passed by municipal council • Every municipal council shall conduct an annual review of its asset management progress on or before July 1 in each year, starting the year after the municipality’s asset management plan is completed • Every municipality shall post its current strategic asset management policy and asset management plan on a website that is available to the pub lic, and shall provide a copy of the policy and plan to any person who requests it. The 2022 AM Plan is an update to the City’s 2013 AM Plan, and describes the actions required to manage the City’s “core” portfolio of assets in a way that supports establ ished service levels, while managing risks and costs. The City’s core assets include roads, Page 2 of 143 Page 104 of 751 bridges, and water, wastewater and stormwater systems. The 2022 AM Plan focuses on the 10-year period from 2022 to 2031 and provides a framework for continuously improving the City’s AM practices. Specifically, this AM Plan outlines current (2021) Levels of Service (LOS) performance for core assets, recommended actions, and costs associated with sustaining that LOS. This AM Plan – Core Assets includes four (4) service areas which provide municipal services to the City’s more than 33,000 combined residential, commercial, industrial, and institutional customers. • Transportation Service: The City provides and manages the local transportation network, with the following core assets: roads, bridges, structural culverts, and barriers. • Stormwater Management Service: The City manages stormwater drainage through a network of collection, conveyance, and storage assets including municipal drains, roadside ditching, sewer network, and ponds. • Water Service: The City distributes quality water through a network of drinking water treatment, storage and transmission facilities, and linear infrastructure. • Wastewater Service: The City collects wastewater in a network of sewers, pumping and transmission facilities and infrastructure. The majority of the system consists of separated sanitary sewers, but approximately 26% of the network is serviced by combined sewers. For review purposes the full AM Plan has been appended; this staff report will provide a summary of each of the key sections of the proposed 2022 AM Plan. Analysis In alignment with O.Reg 588/17 requirements the City of Niagara Falls 2022 AM Plan has been organized into the following seven (7) sections which have been summarized below. The full AM Plan draft document has been appended and should be read in conjunction with this council report. 1. Introduction 2. State of the Infrastructure 3. Levels of Service 4. Risk Management Strategy 5. Lifecycle Management Strategy 6. Financial Strategy 7. O.Reg 588/17 Compliance & Improvement Opportunities 1.0 Introduction Page 3 of 143 Page 105 of 751 The introduction section outlines both the organization and context of the document; describes the purpose of the AMP, outlines how the plan meets regulatory requirements and how the document aligns with and supports the City's Vision, Values and Key Strategic Objectives. The plan also documents how the AMP supports key City planning issues including growth and climate change response. The AM Plan introduction identifies the following four (4) service areas included in the AM Plan which provide municipal services to the City’s more than 33,000 combined residential, commercial, industrial, and institutional customers • Roads, Bridges and culverts • Stormwater management • Water distribution • Wastewater collections 2.0 State of the Infrastructure The City provides a range of services to its residents, businesses and visitors, including core services that rely heavily on a portfolio of asset systems. Understanding the assets owned by the City is the critical to developing a plan to best manage them. In order to understand and responsibly manage the City's assets Section 2.0 of the AM Plan attempts to answer 4 fundamental asset management questions: 1. What assets do we own? 2. Where are the assets located? 3. What condition are the assets in? 4. What does it cost to replace the assets? The following table outlines the estimated replacement value of the City's core assets and includes a breakdown of the inventory by service area and (2022$) replacement value. Service Asset Categories Replacement Value (2022$, millions) Replacement Value % Roads & Related Roads, sidewalks, medians, barriers $714.9 34% Bridges & Culverts span bridges, span culverts, municipal structures $171.5 8% Stormwater Management Storm sewers, ponds, appurtenances $335.4 16% Water Water mains, facilities, appurtenances $477.6 23% Page 4 of 143 Page 106 of 751 Wastewater Sewer Mains, facilities, appurtenances $421.9 20% Totals $2,121.2 100% As outlined in the following figure 77% or $1,638 million of the City’s core assets are in Fair condition or better, 17% or $358 million are in Poor or Very Poor condition, and 6% or $125 million in assets are of unknown condition either because the instal l date is not known or a condition assessment has not yet been undertaken. Knowing the condition of assets is important to understanding the risks and costs of meeting stated service delivery objectives. Core infrastructure details by asset class (inventory, condition, replacement cost) are detailed in Section 2.0 - State of the Infrastructure in the attached AM Plan. 3.0 Levels of Service Levels of Service (LOS) are statements that describe the outputs and objectives the City intends to deliver to its residents, businesses, and other stakeholders. Developing, monitoring, and reporting on LOS are all integral parts of an overall performance management demonsand delivery service aimed at program improving trating accountability to the City’s stakeholders. The requirements under O.Reg 588/17 current levels of service include, for each core asset category, the current levels of service being provided determined in accordance Page 5 of 143 Page 107 of 751 with the qualitative descriptions and technical metrics for roads, bridges and culverts, stormwater management, water, and wastewater provided in a set of tables. The body of the AM Plan provides Levels of Service statements and indicators, current (2021) performance and proposed performance (i.e., targets) by service. Indicators include those defined by O.Reg. 588/17, as well as indicators defined by the City to reflect specific priorities and concerns related to core assets. In general, targets were established in alignment with those seen in peer municipalities and are considered “draft” at this time. The following table summarizes the City's community service performance against indicators specified in O.Reg. 588/17. The AM Plan has approximately 50 TLOS or KPI's that staff are proposing to monitor, measure, and report on moving forward. Community Objectives Service Community Service Measure 2021 LOS Capacity & Use Roads Adequate road network connectivity and capacity Good Sidewalks Adequate sidewalk network connectivity and capacity Fair Stormwater Adequate stormwater system capacity Fair Water Adequate availability of water service and fire flow to properties Good Wastewater Adequate wastewater system availability to service properties, including combined sewer flow Fair Functionality Roads Road network contributed to an enhanced environment and supports a sustainable City Fair Bridges Bridges and culverts are safe and meet customer needs Good Water Drinking water is safe Good Wastewater Sewer network meets City design standards Fair Reliability Roads Roads are kept in a state of good repair Fair Bridges Bridges are kept in a state of good repair Good Stormwater Stormwater assets are kept in a state of good repair Very Good Water Water assets are kept in a state of good repair Good Wastewater Wastewater assets are kept in a state of good repair Fair Page 6 of 143 Page 108 of 751 4.0 Risk Management Strategy The City’s key asset management principle is to meet service levels and manage risk, while minimizing lifecycle costs. The City’s risk framework quantifies the risk exposure of the City’s assets to enable prioritization of needs across asset categories and services. The relative importance of the assets to support service delivery, referred to as asset criticality, is a key driver in selection of the most appropriate asset management strategy for each asset. Criticality is evaluated as an asset’s impact upon service delivery, health and safety, the environment, financial position, and reputation. Risk exposure is the multiplication of the criticality or consequence of failure (CoF) by the probability of failure (PoF), which is the likelihood or chance that an asset failure may occur. The City is proposing the development of a risk framework for quantifying the risk exposure of its assets to enable prioritization of projects across asset classes and services. Risk exposure is the multiplication of the criticality or consequence of failure (CoF), which is the direct and indirect impact on the City if an asset failure were to occur, by the probability of failure (PoF), which is the likelihood or chance that an asset failure may occur: Risk Exposure = Consequence of Failure x Probability of Failure Based on those assets with known condition, 0.4% or $7.76 million of the Ci ty’s core assets are in the Very High risk category related to provision of reliable services. These assets are comprised of the Beck Road Bridge ($4.36 million), six road segments namely Kalar Road, Kitchener Street, Allendale Avenue, Buchanan Avenue, Fallsview Boulevard, and Reixinger Road ($2.94 million), and road medians ($0.45 million). 5.0 Lifecycle Management Strategy Lifecycle management strategies are the planned lifecycle-based activities that the City needs to undertake to meet its service levels. • To meet demand for services and functional requirements of stakeholders, the City adds, expands and upgrades assets and services, and developments add assets that are donated to the City. • To meet reliability service levels and provide quality programs, the City performs thousands of inspections, and maintenance and operational activities, andundertakes asset rehabilitation and replacement activities. The City prioritizes lifecycle activities to manage risk of not meeting service levels and to optimize costs. To achieve its objectives, the City builds new infrastructure assets to meet capacity needs, upgrades assets to meet new functional needs and manages existing assets to meet reliability needs – all with limited funds. Asset lifecycle management strategies are planned activities that enable assets to provide the defined levels of service in a sustainable way, while managing risk, at the lowest lifecycle cost. Page 7 of 143 Page 109 of 751 Based on the planned asset lifecycle management strategies, the City’s total needs (operate, maintain, renew, upgrade and grow) are forecast at $935 million for the period 2022-2031, for an average expenditure of $93.5 million per year. This figure includes the total operations and maintenance, renewal, growth, and upgrade needs forecast for the City over the next 10 yeas to sustain current levels of service. 6.0 Financial Strategy The financial strategy considers how the City will fund the planned lifecycle management activities to maintain current service levels. The City’s main sources of revenue include property tax, debt, federal gas tax, third party grants, casino revenue, development charges, and user fees and charges. The City currently approves one -year capital and operating plans and budgets. Note that O.Reg. 588/17 requires that AM Plans for proposed LOS (due by July 1, 2025) provide lifecycle management strategies, forecast annual available funding, and any funding gaps for each of the next 10 years. The City’s ability to deliver the levels of service outlined in the Asset Management Plan is impacted in large part by: • aging infrastructure and the associated need for operations, maintenance, and renewal investments to sustain it • forecast future population growth and the associated need for additional infrastructure to serve it • changing functional, legislative and sustainability requirements and the associated need for existing assets to be upgraded to continue to be fit for purpose • available funds and the associated need for assets to be provided at lowest cost for both current and future customers. To achieve its objectives, the City builds new infrastructure assets to meet capacity needs, upgrades assets to meet new functional needs and manages existing assets to meet reliability needs – all with limited funds. Asset lifecycle management strategies are planned activities that enable assets to provide the defined levels of service in a sustainable way, while managing risk, at the lowest lifecycle cost. For core asset renewal needs, the City’s services can be categorized into two groups: 1. those that are funded through property taxes and other sources (i.e. roads, bridges and culverts, stormwater management), and 2. those that are funded through user fees or rates (i.e. water and wastewater). The largest funding gap was found for roads, bridges and culverts, and stormwater assets with a 10-year average gap of $6.0 million annually plus a $40 million backlog. If annual available funding remains steady at 2022 funding levels the current $40 million backlog will grow to over $100 million at the end of the 10-year period. Page 8 of 143 Page 110 of 751 Water and wastewater assets are much closer to being fully funded with a 10 -year annual renewal funding gap of $1.5 million and an annual operations and maintenance funding gap of $1.5 million for 2022. Opportunities to close the financial gaps have been proposed for each of the tax and rate-supported service areas: Tax Supported • Reduce near term renewal needs by deferring capital renewal projects on lower risk assets, thereby lengthening the period in which the backlog is addressed beyond the 10 year of the plan -> will likely cause increased maintenance costs • Increase available funds through property tax increases leveraging third part grants, drawing on reserves or, issue debt • Change the funding source for stormwater management from property taxes to a dedicated and stable, stormwater fee to recover the full cost of stormwater management. Rate Supported • Reduce near term renewal needs by deferring capital renewal projects on lower risk assets • Increase available funds through water and wastewater user fee increases and by leveraging third party grants 7.0 Regulatory Compliance & Improvement Opportunities The draft AM Plan as presented is compliant with Ontario Regulation 588/17 for current levels of service. Development of AM Plans is an iterative process that includes improving processes, data, systems, and staff skills over time to gain more and more confidence in the information presented. In order for the City to continue to improve upon it's current asset management planning and programming the following activities or initiatives are recommended. Regulatory Compliance In order to ensure that the City of Niagara Falls maintains regulatory compliance the following activities must be undertaken: • Have the City's AM Plan for Core Assets prepared under O.Reg 588/7 endorsed by the executive lead of the municipality and approved by a resolution passed by the municipal council by July 01, 2022 • Have the City's AM Plan for Non Core assets prepared under O.Reg 588/7 endorsed by the executive lead of the municipality and approved by a resolution passed by the municipal council by July 01, 2024 • Provide the proposed levels of service for each asset category for each of the 10 years of the AM Plan by July 01, 2025 Page 9 of 143 Page 111 of 751 • Every municipal council shall conduct an annual review of its asset management progress on or before July 1 in each year, starting the year after the municipality’s asset management plan is completed • Every municipality shall post its current strategic asset management policy and asset management plan on a website that is available to the public, and shall provide a copy of the policy and plan to any person who requests it. Opportunities for Improvement Asset Knowledge Improve knowledge of asset replacement costs and current conditions of the City's assets specifically by: • Completing bathymetric surveys for stormwater management ponds • Undertaking sidewalk, median and barrier condition assessments based on a standardized rating scale • Continue the sanitary sewer CCTV inspection program and implement for storm sewers • Continue inspections during watermain breaks and document condition with a standardized rating scale • Undertake inspections of water, wastewater and stormwater facilities and appurtenances based on a standardized rating scale • Improve installation year data for critical assets and infrastructure • Continue to close/ fill in minor data gap improvements Levels of Service & Lifecycle Management Continue to review levels of service metrics that support lifecycle asset planning activities for specific asset types. Adjust or develop new measures related to the operations and maintenance of municipal infrastructure such as: • % annual planned MMS (Minimum Maintenance Standards) inspections completed • % preventative maintenance work orders completed on time • % 10-year available funding vs. needs at each asset category Understanding & Documenting Asset Lifecycle Activities activitilifecycle the Optimize operations, various testing and out es by searching maintenance and renewal activity and timing options, and then evaluating the benefits against the costs of each option over time to determine the lowest cost option for the required benefits. Specific improvements include: • Updating master plans to improve growth forecasts and potentially lower levels of service to reduce costs Page 10 of 143 Page 112 of 751 • Monitor build-out of developments and continue to adjust expansion activities in master plans to suit • Review severe weather risks and the City’s climate change responses, particularly for stormwater management • Separately budget and track operating (maintenance and operations) and capital (growth, upgrade and renewal) costs by asset category (e.g. portion of project cost to road, sidewalks, stormwater management, water, wastewater), including staff time. Financial Planning & Tracking • Explore maximizing funding sources such as grants to mitigate funding shortfalls and to use risk-based prioritization to address the most critical needs in years with limited funding • Prepare 10-year operating and capital plans and budgets as required by O.Reg. 588/17 for AM Plans for proposed LOS (due by July 1, 2025) • Update rate studies for water and wastewater to achieve full cost recovery, as required • Investigate changing the funding source for stormwater management from property taxes to a dedicated and stable stormwater user fee to recover the full cost of stormwater management • Increase operations and maintenance activity budgets as required to accommodate the growing asset portfolio. Follow-Up Activities At this time staff are bringing forward the draft AM Plan to council and members of the public for consumption and review. Members of the executive steering team and asset managers will work to refine and finalize the document before brining the final AM Plan for Core assets to Council in June 2022 for endorsement. This ti meline has been developed to ensure that the City meets the July 01, 2022 provincial reporting deadline. Budgets and resource requirements have been developed to allow the City to complete the AM Plan for Core Assets and to begin the work required to develop the AM Plan for the City's Non-Core assets by the prescribed timeframe(s) required under O.Reg 588/17. • July 01, 2022 - Every municipality shall prepare an asset management plan in respect of its core municipal infrastructure assets by July 1, 2022 • July 01, 2024 - Every municipality must complete an asset management plan for all of its other municipal infrastructure assets. • July 01, 2025 - For each asset category provide proposed levels of service the municipality proposed to provide for each of the 10 years of the plan Operational Implications and Risk Analysis Page 11 of 143 Page 113 of 751 Bringing forward the draft 2022 Asset Management Plan for Core Assets does not have any direct operational implications at this time. The risk of not completing the provincially mandated asset management plan by the required timeframe(s) may negatively impact the City's eligibility for future provincial grant programs. Council endorsement of the final AM Plan by the prescribed timelines will lower this potential risk exposure. Financial Implications/Budget Impact There are no direct financial implications related to the presentation of the draft Asset Management Plan. Strategic/Departmental Alignment The AM Plan for Core Assets align with the City's Vision, Values and Strategic Priorities (2019-2022). Specifically the following priorities: • Vibrant & Diverse Economy - supported by good infrastructure planning • Convenient & Accessible Transportation - ensuring our roads and related assets are maintained in a state of good repair • Responsible & Transparent Financial Management - financially sustainable infrastructure planning • Strong & Resilient Infrastructure - assets are good for current and future use and are resilient to impacts of climate change • Engaging & Accountable - Regulated AM Planning requires that AM documentation and related materials are accessible to the public and are posted on the City's website. List of Attachments NIAGARA-FALLS-AMPlan-2022-rev2-2022-02-28 DRAFT Written by: Tara Gudgeon, Infrastructure Asset Manager Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 11 Mar 2022 Jason Burgess, CAO Approved - 16 Mar 2022 Page 12 of 143 Page 114 of 751 City of Niagara Falls 2022 Asset Management Plan Core Assets Current Levels of Service Prepared by SLBC Inc. February 28, 2022 Rev. 2, Draft v 1.0 Draft DocumentPage 13 of 143 Page 115 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | i Executive Summary Introduction The City of Niagara Falls (the City) provides a range of services to residents, businesses and visitors, including transportation, stormwater management, water, wastewater, parks and recreation, fire protection, and municipal administration services such as by-law enforcement and development planning. To deliver these services, the City relies on a wide range of infrastructure assets. This Asset Management Plan (AM Plan) describes the actions required to manage the City’s core infrastructure assets in a way that meets service levels, while managing risks and costs. The City’s core infrastructure assets include roads, bridges and culverts, and stormwater management, water and wastewater systems. The City’s core assets have an estimated replacement value of $2,121.2 million (2022$) as outlined in Table ES-1 below. Table ES-1 Inventory of the City’s Core Assets Service Asset Categories Replacement Value (2022$, millions) Replacem ent Value (%) Roads & Related Paved roads, unpaved roads, sidewalks, median, barriers $714.9 34% Bridges & Culverts Span bridges, span culverts, municipal structures $171.5 8% Stormwater Management Storm sewers ponds, appurtenances $335.4 16% Water Water mains, facilities, appurtenances $477.6 23% Wastewater Sewer mains, facilities, appurtenance $421.9 20% TOTAL $2,121.2 100% This AM Plan focuses on the 10-year period from 2022 to 2031 and fulfils the AM Plan requirements defined by Ontario Regulation 588/17 Asset Management Planning for Municipal Infrastructure for the year 2022 (O.Reg. 588/17). Note that all costs presented in the AM Plan are in 2022 dollars (2022$) unless otherwise stated. State of the Infrastructure The current (2021) condition distribution of the City’s core assets is shown in Figure ES- 1 below, by service. The colours that make up each vertical bar represent the condition of the assets that support each service from very good to very poor, with those for which the condition is unknown shown in grey. Draft DocumentPage 14 of 143 Page 116 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | ii Figure ES-1 Condition Distribution of the City’s Core Assets According to asset management best practice, to adequately meet service levels and manage risk while minimizing whole-of-life costs, most assets – about 80% – should be preserved in fair or better condition. Overall, 77% or $1,638 million of the City’s core assets are in Fair condition or better, 17% or $358 million are in Poor or Very Poor condition, and 6% or $125 million in assets are of Unknown condition either because the install date is not known or a condition assessment has not yet been undertaken. Knowing the condition of assets is important to understanding the risks and costs of meeting stated service delivery objectives. Most of the assets of unknown condition are stormwater catchbasins and ponds, and property water services and curb stops. Based on those assets with known condition, the Figure ES-1 above shows that most roads, bridges and culverts, stormwater, and water assets are in Fair or better condition (80%, 93%, 96% and 84%, respectively). However, only 69% of the wastewater assets are in Fair or better condition. Depending on the potential impact of a failure, assets in Poor and Very Poor condition may be managed differently than those in Fair or better condition. Assets in Very Poor condition (3.8% or $75.5 million) are due or overdue for repair or replacement and generally represent the City’s renewal backlog. The assets in Very Poor condition include wastewater sewers, maintenance holes and laterals ($33.9 million), water mains ($10.8 million), roads ($6.7 million), sidewalks ($13.1 million), and bridges and culverts ($6.6 million). Note that the confidence in “condition” data shown for wastewater maintenance holes and laterals, and sidewalks is moderate as it is based on calculated age rather than inspected condition. Levels of Service The body of the report provides Levels of Service statements and indicators, current (2021) performance and proposed performance (i.e., targets) by service. Indicators Draft DocumentPage 15 of 143 Page 117 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | iii include those defined by O.Reg. 588/17, as well as indicators defined by the City to reflect specific priorities and concerns related to core assets. In general, targets were established in alignment with those seen in peer municipalities and are considered “draft” at this time. Table ES-2 shows the City’s community service performance against indicators derived largely from O.Reg. 588/17. In general, the City’s current performance is meeting service levels. Table ES-2 Current Community Service Measures and Performance of the City’s Core Assets Community Objectives Service Community Service Measures 2021 LOS Capacity & Use Services have enough capacity and are accessible to everyone Roads Adequate road network connectivity and capacity Good Sidewalks Adequate sidewalk network connectivity and capacity Fair Stormwater Adequate stormwater system capacity Fair Water Adequate availability of water service and fire flow to properties Good Wastewater Adequate wastewater system availability to service properties, including combined sewer flow Fair Functionality Services meet customer needs while limiting impacts to health, safety, security, nature and heritage Roads Road network contributes to an enhanced environment and supports a sustainable City Fair Bridges Bridges and culverts are safe and meet customer needs Good Water Drinking water is safe Good Wastewater Sewer network meets City design standards Fair Reliability Services are reliable and responsive to customers Roads Roads are kept in a state of good repair Fair Bridges Bridges are kept in a state of good repair Good Stormwater Stormwater assets are kept in a state of good repair Very Good Water Water assets are kept in a state of good repair Good Wastewater Wastewater assets are kept in a state of good repair Fair Risk Management Strategy The City’s key asset management principle is to meet service levels and manage risk, while minimizing lifecycle costs. The City’s risk framework quantifies the risk exposure of the City’s assets to enable prioritization of needs across asset categories and services. Draft DocumentPage 16 of 143 Page 118 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | iv The relative importance of the assets to support service delivery, referred to as asset criticality, is a key driver in selection of the most appropriate asset management strategy for each asset. Criticality is evaluated as an asset’s impact upon service delivery, health and safety, the environment, financial position, and reputation. Risk exposure is the multiplication of the criticality or consequence of failure (CoF) by the probability of failure (PoF), which is the likelihood or chance that an asset failure may occur. Based on those assets with known condition, the figure below shows that 0.4% or $7.76 million of the City’s core assets are in the Very High risk category related to provision of reliable services. These assets are comprised of the Beck Road Bridge ($4.36 million), six road segments namely Kalar Road, Kitchener Street, Allendale Avenue, Buchanan Avenue, Fallsview Boulevard, and Reixinger Road ($2.94 million), and road medians ($0.45 million). Figure ES-2 Reliability Risk Exposure of the City’s Core Assets Lifecycle Management Strategy Lifecycle management strategies are the planned lifecycle-based activities that the City needs to undertake to meet its service levels.  To meet demand for services and functional requirements of stakeholders, the City adds, expands and upgrades assets and services, and developments add assets that are donated to the City.  To meet reliability service levels and provide quality programs, the City performs thousands of inspections, and maintenance and operational activities, and undertakes asset rehabilitation and replacement activities. The City prioritizes lifecycle activities to manage risk of not meeting service levels and to optimize costs. Based on the planned asset lifecycle management strategies, the City’s total needs are forecast at $935 million for the period 2022-2031, for an average expenditure of $93.5 million per year. Figure ES-3 shows the total operations and maintenance, renewal, growth and upgrade needs forecast for the City over the next 10 years to sustain current Draft DocumentPage 17 of 143 Page 119 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | v levels of service. The high cost of renewal needs shown in the first year (2022) is due to the backlog of assets in Very Poor condition as identified in the State of the Infrastructure section above. Recall that these assets are comprised mostly of wastewater sewers, maintenance holes and laterals, water mains, roads, sidewalks, and bridges and culverts. The annual forecast need includes addressing the existing backlog over the next 10 years and sustaining other assets as they deteriorate over the same time period. As noted above, the confidence in the “condition” data for wastewater maintenance holes and laterals ($10.2 million Very Poor), and sidewalks ($13.1 million Very Poor) is moderate as it is based on a theoretical calculation of life consumed rather than inspected condition as is the case for wastewater sewers, road pavement, and bridges and culverts. Figure ES-3 10-Year Forecast Lifecycle Strategy Needs for the City’s Core Assets, 2022 to 2031 Financial Strategy The financial strategy is informed by the preceding sections of the AM Plan: the state or condition of the assets, the current levels of service, the risks to service delivery, and the lifecycle activities needed to reduce the risks to meeting service delivery targets to acceptable levels. The financial strategy considers how the City will fund the planned lifecycle management activities to maintain current service levels. The City’s main sources of revenue include property tax, debt, federal gas tax, third party grants, casino revenue, development charges, and user fees and charges. There are restrictions on the use of funds from various sources (e.g. development charges, user fees). The City currently approves one-year capital and operating plans and budgets. Note that O.Reg. 588/17 requires that AM Plans for proposed LOS (due by July 1, 2025) provide lifecycle management strategies, forecast annual available funding, and any funding gaps for each of the next 10 years. Draft DocumentPage 18 of 143 Page 120 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | vi For core asset renewal needs, the City’s services can be categorized into two groups: i) those that are funded through property taxes and other sources (i.e. roads, bridges and culverts, stormwater management), and ii) those that are funded through user fees or rates (i.e. water and wastewater). The largest funding gap was found for roads, bridges and culverts, and stormwater assets. For these assets, Figure ES-4 shows historic spending (dashed black line at $13.6 million), and compares the 2022 budget (yellow line at $15.5 million) to the 10-year average annual need forecast (solid black line at $21.7 million) to show, in red text, an annual funding gap for each of the next ten years of $6.3 million (a total of $63 million over the 10-year period). Figure ES-4 10-Year Annual Renewal Funding Gap for Transportation and Stormwater Assets If annual available funding were to remain at $15.5 million over the 10-year period, at the end of the 10 years, the current $40 million backlog will grow by $63 million to over $100 million. Also, in addition to the annual renewal funding gap, the AM plan identified an annual operations and maintenance funding gap for these assets of $0.5 million for 2022, growing over time due to growth and upgrade of the asset portfolio. Water and wastewater assets are much closer to being fully funded with a 10-year annual renewal funding gap of $1.5 million and an annual operations and maintenance funding gap of $1.5 million for 2022. Strategies to Close Funding Gaps The transportation and stormwater management funding gaps may be closed by one or more of the following strategies:  Reduce near term renewal needs by deferring capital renewal projects on lower risk assets, thereby lengthening the period in which the backlog is addressed beyond the 10 years, but likely increasing maintenance costs. Draft DocumentPage 19 of 143 Page 121 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | vii  Increase available funds through property tax increases, leveraging third party grants, drawing on reserves, or use of debt  Change the funding source for stormwater management from property taxes to a dedicated and stable, stormwater fee to recover the full cost of stormwater management. The water and wastewater services funding gaps may be closed by one or more of the following strategies:  Reduce near term renewal needs as described above  Increase available funds through water and wastewater fee increases and leveraging third party grants. O.Reg.588/17 Compliance and Improvement Opportunities This AM Plan is compliant with Ontario Regulation 588/17 for current levels of service. Development of AM Plans is an iterative process that includes improving processes, data, systems, and staff skills over time to gain more and more confidence in the information presented. The City will continue to improve its asset management practices to best realize value from its assets and meet the requirements of Ontario Regulation 588/17 for proposed levels of service prior to July 1, 2025. Opportunities for improvement include the following:  State of infrastructure: Improve understanding of asset condition as a significant input to the AM Plan  Levels of service: Consider additional performance measures to track financial sustainability  Lifecycle management: Update master plans to improve growth forecasts and potentially lower levels of service to reduce costs, and separately track costs by asset category and lifecycle management strategy  Financial management: Prepare 10-year operating and capital plans and budgets as required by O.Reg. 588/17 by July 1 2025, investigate changing the funding source for stormwater management from property taxes to a dedicated and stable stormwater user fee to recover the full cost of stormwater management, and update rate studies for water and wastewater to achieve full cost recovery, as required. Draft DocumentPage 20 of 143 Page 122 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | viii Table of contents 1 Introduction .................................................................................................................... 13 1.1 Context ................................................................................................................... 13 1.2 Purpose of the Plan ................................................................................................ 13 1.3 Scope ..................................................................................................................... 21 1.4 Organization of the Document ................................................................................ 22 2 State of the Infrastructure ............................................................................................. 24 2.1 City-Wide Core Assets Overview ............................................................................ 24 2.2 Details by Service ................................................................................................... 29 3 Levels of Service ............................................................................................................ 41 3.1 Introduction ............................................................................................................. 41 3.2 City-Wide Core Assets Overview ............................................................................ 41 3.3 Details by Service ................................................................................................... 44 4 Risk Management Strategy ........................................................................................... 66 4.1 Introduction ............................................................................................................. 66 4.2 City-Wide Core Assets Overview ............................................................................ 69 4.3 Details by Service ................................................................................................... 69 5 Lifecycle Management Strategy .................................................................................... 75 5.1 Introduction ............................................................................................................. 75 5.2 City-Wide Core Assets Overview ............................................................................ 77 5.3 Details by Lifecycle Management Strategy ............................................................. 77 6 Financial Strategy .......................................................................................................... 94 6.1 Introduction ............................................................................................................. 94 6.2 City-Wide Core Assets Overview ............................................................................ 94 6.3 Details by Lifecycle Management Strategy ............................................................. 97 7 AM Plan O.Reg. Compliance & Improvement Opportunities .................................... 102 7.1 Introduction ........................................................................................................... 102 7.2 Details by AM Plan Section ................................................................................... 102 7.3 AM Plan Monitoring and Review ........................................................................... 104 Appendix A – Asset Service Life and Replacement Cost Appendix B - 2021 Bridge & Culvert Cost Forecasts Draft DocumentPage 21 of 143 Page 123 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | ix List of Tables Table ES-1 Inventory of the City’s Core Assets ........................................................................... i Table ES-2 Current Community Service Measures and Performance of the City’s Core Assets ...................................................................................................................... iii Table 1-1 City Population and Employment Forecasts ............................................................. 19 Table 2-1 Inventory of the City’s Core Assets........................................................................... 24 Table 2-2 Condition Grading Criteria ........................................................................................ 25 Table 2-3 Conversion Table for Condition Grades of the City’s Core Assets ............................ 26 Table 2-5 Inventory of the City’s Roads and Related Assets .................................................... 29 Table 2-6 Data Sources and Confidence of the City’s Roads and Related Assets SOI ............ 32 Table 2-7 Inventory of the City’s Bridges and Culverts ............................................................. 32 Table 2-8 Inventory of the City’s Stormwater Management System ......................................... 34 Table 2-9 Data Sources and Confidence of the City’s Stormwater Management System SOI ......................................................................................................................... 36 Table 2-10 Inventory of the City’s Water and Wastewater Systems ......................................... 37 Table 2-11 Data Sources and Confidence of the City’s Water and Wastewater Systems SOI ......................................................................................................................... 39 Table 3-1 O.Reg. 588/17 Community LOS Requirements ........................................................ 41 Table 3-2 O.Reg. 588/17 Technical LOS Requirements for Core Assets ................................. 43 Table 3-3 Performance Grades ................................................................................................ 44 Table 3-4 Confidence Grades .................................................................................................. 45 Table 3-5 Data Sources and Confidence for Performance on the City’s LOS Measures .......... 46 Table 3-6 Technical LOS for Roads and Related Assets .......................................................... 53 Table 3-7 Technical LOS for Bridges and Culverts ................................................................... 56 Table 3-8 Technical LOS for Stormwater Management System ............................................... 59 Table 3-9 Technical LOS for the Water System ....................................................................... 61 Table 3-10 Technical LOS for the City’s Wastewater System ................................................... 65 Table 4-2 Probability of Failure Ratings for Reliability .............................................................. 68 Table 4-3 Consequence of Failure Ratings for the City’s Road and Related Assets ................. 70 Table 4-4 Consequence of Failure Ratings for the City’s Bridges and Culverts ........................ 71 Table 4-5 Consequence of Failure Ratings for the City’s Stormwater Management System ................................................................................................................... 72 Table 4-6 Consequence of Failure Ratings for the City’s Water System................................... 73 Table 4-7 Consequence of Failure Ratings for the City’s Wastewater System ......................... 73 Table 5-1 Asset Lifecycle Management Categories ................................................................. 75 Table 5-2 Makeup of the City’s Renewal Backlog, by Service and Asset Category .................. 81 Table 5-3 2016 CIRC Target Reinvestment Rates ................................................................... 82 Table 5-4 Renewal Forecast Assumptions for the City’s Roads and Related Assets ................ 84 Table 5-5 Renewal Strategies for the City’s Roads and Related Assets ................................... 84 Table 5-6 Renewal Forecast Assumptions for the City’s Stormwater Management Assets ..................................................................................................................... 86 Table 5-7 Renewal Strategies for the City’s Stormwater Management System ........................ 86 Table 5-8 Renewal Forecast Assumptions for the City’s Water System ................................... 87 Draft DocumentPage 22 of 143 Page 124 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | x Table 5-9 Renewal Strategies for the City’s Water System ...................................................... 87 Table 5-10 Renewal Forecast Assumptions for the City’s Wastewater System ........................ 88 Table 5-11 Renewal Strategies for the City’s Wastewater System ........................................... 89 Table 5-12 Operations and Maintenance Needs Activities and Additional Costs (2022$, thousands) .............................................................................................................. 92 Table 6-1 Key Sources of Funding and Financing .................................................................... 95 Table 6-2 5-Year Historic and Current Available Funding for the City’s Core Assets, 2022$, millions ........................................................................................................ 96 Table A-1 Estimated Useful Life for Roads and Related ......................................................... 105 Table A-2 Replacement Costs for Roads and Related ........................................................... 105 Table A-3 Estimated Useful Life for Bridges and Culverts ...................................................... 106 Table A-4 Estimated Useful Life for Storm Sewers ................................................................. 106 Table A-5 Replacement Costs for Storm Sewers ................................................................... 106 Table A-6 Estimated Useful Life for Catchbasin Leads ........................................................... 107 Table A-7 Replacement Costs for Catchbasin Leads ............................................................. 109 Table A-8 Estimated Useful Life for SWM Ponds ................................................................... 109 Table A-9 Replacement Costs for SWM Ponds ...................................................................... 109 Table A-10 Estimated Useful Life for Water Mains ................................................................. 110 Table A-11 Replacement Costs for Water Mains .................................................................... 110 Table A-12 Estimated Useful Life for Water Appurtenances ................................................... 110 Table A-13 Replacement Costs for Water Appurtenances ..................................................... 111 Table A-14 Replacement Costs for Water Valves .................................................................. 111 Table A-15 Estimated Useful Life for Sewer Mains ................................................................ 112 Table A-16 Replacement Costs for Sewer Mains ................................................................... 112 Table A-17 Estimated Useful Life for Sanitary Laterals .......................................................... 113 Table A-18 Replacement Costs for Sanitary Laterals ............................................................. 113 Table A-19 Estimated Useful Life for Wastewater Appurtenances.......................................... 114 Table A-20 Replacement Costs for Wastewater Appurtenances ............................................ 114 Draft DocumentPage 23 of 143 Page 125 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | xi List of Figures Figure ES-1 Condition Distribution of the City’s Core Assets ...................................................... ii Figure ES-2 Reliability Risk Exposure of the City’s Core Assets ............................................... iv Figure ES-3 10-Year Forecast Lifecycle Strategy Needs for the City’s Core Assets, 2022 to 2031 ..................................................................................................................... v Figure ES-4 10-Year Annual Renewal Funding Gap for Transportation and Stormwater Assets ...................................................................................................................... vi Figure 5 Ontario Regulation 588/17 Requirements Overview ................................................... 15 Figure 6 Asset Management Planning Framework ................................................................... 18 Figure 7 City Population History and Forecast to 2051 ............................................................. 20 Figure 8 Average Age and Estimated Life of the City’s Core Assets ........................................ 25 Figure 9 Condition Distribution of the City’s Core Assets ......................................................... 27 Figure 10 Average Age and Estimated Life of the City’s Roads and Related Assets ................ 31 Figure 11 Condition Distribution of the City’s Roads and Related Assets ................................. 31 Figure 12 Average Age and Estimated Life of the City’s Bridges and Culverts ......................... 33 Figure 13 Condition Distribution of the City’s Bridges and Culverts .......................................... 34 Figure 14 Average Age and Estimated Life of the City’s Stormwater Management System ................................................................................................................... 35 Figure 15 Condition Distribution of the City’s Stormwater Management System ...................... 36 Figure 16 Average Age and Estimated Life of the City’s Water and Wastewater Systems ............................................................................................................................... 38 Figure 17 Condition Distribution of the City’s Water and Wastewater Systems ........................ 39 Figure 18 Road Network .......................................................................................................... 48 Figure 19 Condition Grade Examples – Urban and Rural Road Pavement ............................... 50 Figure 22 Bridge and Culvert Location Map .............................................................................. 54 Figure 23 Condition Grade Examples –Bridges and Culverts ................................................... 55 Figure 25 Water System .......................................................................................................... 60 Figure 26 Wastewater System ................................................................................................. 64 Figure 27 Reliability Risk Exposure of the City’s Core Assets .................................................. 69 Figure 28 Reliability Risk Exposure of the City’s Road Assets ................................................. 70 Figure 29 Reliability Risk Exposure of the City’s Road and Related Assets ............................. 71 Figure 30 Reliability Risk Exposure of the City’s Bridges and Culverts ..................................... 72 Figure 31 Reliability Risk Exposure of the City’s Stormwater Management System ................. 72 Figure 32 Reliability Risk Exposure of the City’s Water System ............................................... 73 Figure 33 Reliability Risk Exposure of the City’s Wastewater System ...................................... 74 Figure 34 Conceptual Lifecycle Cost Model ............................................................................. 76 Figure 35 Total 10-Year Lifecycle Strategies Needs Forecast, 2022 to 2031 ........................... 77 Figure 36 10-Year Forecast Growth and Upgrade Needs, by Service ...................................... 78 Figure 37 10-Year Forecast Renewal Needs, by Service ......................................................... 80 Figure 38 Asset Condition Forecast Comparison – Do Nothing versus Planned Strategy ............................................................................................................................... 83 Figure 39 Asset Risk Forecast Comparison – Do Nothing versus Planned Strategy ................ 83 Figure 40 10-Year Forecast Renewal Needs for the City’s Roads and Related Assets ............ 85 Draft DocumentPage 24 of 143 Page 126 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | xii Figure 41 10-Year Forecast Renewal Needs for the City’s Bridges and Culverts ..................... 85 Figure 42 10-Year Forecast Renewal Needs for the City’s Stormwater Management System ................................................................................................................... 87 Figure 43 10-Year Forecast Renewal Needs for the City’s Water System ................................ 88 Figure 44 10-Year Forecast Renewal Needs for the City’s Wastewater System ....................... 89 Figure 45 Operations and Maintenance Needs for the City’s Core Assets, by Service ............. 93 Figure 46 10-Year Forecast O&M Needs for the City’s Core Assets, including Growth & Upgrade .................................................................................................................. 93 Figure 47 2022 O&M Funding Gap, by Service ........................................................................ 97 Figure 48 Transportation and Stormwater Annual Renewal Funding Gap ................................ 98 Figure 49 Water and Wastewater Annual Renewal Funding Gap ............................................. 99 Figure 50 Asset Condition Forecast Overall and by Service ................................................... 100 Draft DocumentPage 25 of 143 Page 127 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 13 1 Introduction 1.1 Context The City of Niagara Falls (the City) provides a range of services to its residents, businesses and visitors, including core services that include local roads, bridges and culverts, stormwater management, water distribution, and sanitary sewer collection. The City proactively and responsibly manages its infrastructure portfolio. As infrastructure ages and demands increase, so will the challenge of ensuring the needs of the community are effectively met with the limited resources available. This Asset Management Plan (AM Plan) seeks to address this concern by providing direction for effective management of City infrastructure to best achieve established goals and objectives. As an integrated AM Plan, it considers the lifecycles and needs of all infrastructure assets within scope, providing a sustainable, holistic view of the asset portfolios. The resulting AM Plan is intended to provide the optimal allocation of resources towards meeting prescribed goals, objectives, and levels of service. The AM Plan is focused on managing the condition and performance of complete asset systems through a systematic decision-making process. Development of AM Plans is an iterative process that includes improving processes, data, systems, and staff skills over time to gain more and more confidence in the information presented. 1.2 Purpose of the Plan The 2022 AM Plan is an update to the City’s 2013 AM Plan. It describes the actions required to manage the City’s “core” portfolio of assets in a way that supports established service levels, while managing risks and costs. The City’s core assets include roads, bridges and culverts, and stormwater management, water, and wastewater systems. This AM Plan also includes sidewalks as an integral part of the roadway which are not considered core assets. The 2022 AM Plan focuses on the 10-year period from 2022 to 2031 and provides a framework for continuously improving the City’s AM practices. This AM Plan fulfils the requirements of the Ontario Regulation (O.Reg.) 588/17 Asset Management Planning for Municipal Infrastructure for AM Plans to 2022. Specifically, this AM Plan outlines current (2021) Levels of Service (LOS) performance for core assets, recommended actions, and costs associated with sustaining that LOS. For details on how this AM Plan complies with content requirements defined by O.Reg. 588/17, see section 7. In accordance with the requirements of O.Reg. 588/17, this AM Plan is posted on the City’s website and will be updated at least every 5 years. Starting the year after the City’s Proposed Levels of Service AM Plan is completed (required by 2025), City Council must conduct an annual review of its asset management progress on or before July 1st each year which addresses progress in implementing the City’s AM Plan, any factors impeding the City’s ability to implement the AM Plan, and a strategy to address these factors. Draft DocumentPage 26 of 143 Page 128 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 14 Background information and reports for the State of Infrastructure section may be provided by the City upon request. This AM Plan is a medium to long range planning document that is used to support the City’s strategic priorities and other goals by providing a rational strategy for proactively and effectively managing the City’s core assets. It provides a guide to understanding key items such as:  The size, replacement value, and condition of City’s core asset portfolio  The current levels of service standards and the City’s performance against them  The assets that will be needed in the future to support core service delivery objectives and mitigate vulnerabilities  The planned activities to sustain current and future core assets throughout their lifecycles at minimal cost, while mitigating vulnerabilities  The funding sources for planned lifecycle activities  The steps to improve future iterations of the AM Plan. This AM Plan is intended to improve the City’s ability to achieve its corporate goals and objectives in a way that best serves its customers. It provides a rational framework that enables systematic and repeatable processes to manage costs, risks and levels of service for the City’s core asset portfolio. 1.2.1 This AM Plan meets Regulatory Requirements This AM Plan aligns with the City’s Strategic Asset Management Policy (https://niagarafalls.ca/city-hall/administration/strategic-priorities.aspx) and fulfils the requirements of Ontario Regulation 588/17 Asset Management Planning for Municipal Infrastructure (O.Reg. 588/17) to report financial implications associated with current and proposed levels of service for core infrastructure. Figure 1-1 shows the required sections of the AM Plan down the left side. The columns to the right show O.Reg. 588/17 requirements for current levels of service (centre column) and proposed levels of service (right column). Draft DocumentPage 27 of 143 Page 129 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 15 Figure 5 Ontario Regulation 588/17 Requirements Overview Both this AM Plan and the Strategic Asset Management Policy will be posted on the City’s website. This AM Plan will be updated at least every five (5) years. 1.2.2 This AM Plan supports the City’s Vision, Values and Key Strategic Objectives The City’s Strategic Priorities, 2019 to 2022, provide focus to the Council term and direct the allocation of resources through the budget process. VISION: The City of Niagara Falls is committed to being accountable for the provision of high quality municipal services, and enhancing quality of life in our community through service excellence, teamwork, and dynamic leadership. Draft DocumentPage 28 of 143 Page 130 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 16 VALUES: The City of Niagara Falls is committed to enhancing the quality of life of, and service to, its customers through a corporate culture that embraces and rewards our core values of leadership, teamwork, respect and accountability. STRATEGIC PRIORITIES: The City of Niagara Falls will concentrate on addressing the pressures we are facing, getting the most out of the opportunities in front of us, and unlocking the full potential of our community. The City’s strategic priorities include:  Vibrant & Diverse Economy: We are committed to being a city that creates a diverse economy, and a vibrant, welcoming environment that attracts families, high quality jobs, investment and entrepreneurship.  Intelligent & Innovative City: We are committed to embracing technology and innovation to make municipal government more effective and efficient, and to improve residents’ lives through digital equity.  Diverse & Affordable Housing: We are committed to addressing the need for quality and affordable housing as a necessary component of a city in which people want to live and invest.  Convenient & Accessible Transportation: We are committed to a safe, accessible, convenient, integrated and fiscally responsible transportation network, accessible to locals and visitors.  Responsible & Transparent Financial Management: We are committed to being financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long- term choices that allow core City programs and services to be sustainable.  Strong & Resilient Infrastructure: We are committed to provide a strong and resilient infrastructure that ensures high quality-of-life for Niagara Falls residents and provides the foundation needed to support a sustainable community.  Engaging & Accountable Government: We are committed to being transparent and accountable to our residents, providing easy access to information, a great customer service experience and meaningful opportunities to participate in the democratic process.  Healthy, Safe & Livable Community: We are committed to making Niagara Falls a livable, affordable and inclusive city with a strong sense of place. Municipal services in the City of Niagara Falls are provided by two tiers of government. The Region of Niagara is the "upper tier" and the City of Niagara Falls is the "lower tier". 1.2.3 This AM Plan supports City Planning Asset management planning is a key tactical (medium term) planning activity that relies on input from strategic and master planning activities and informs shorter-term planning, Draft DocumentPage 29 of 143 Page 131 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 17 budgeting and programming decision-making. Figure 6 shows that Corporate strategic priorities, along with the legislated levels of service (LOS) referenced by them, drive the definition of more specific Community LOS which are categorized according to the following service attributes:  Capacity and Use: Statements on whether services have enough capacity and are accessible to customers  Function: Statements on whether services meet customer needs while limiting impacts on health, safety, security, natural and heritage  Reliability and Quality: Statements on whether services are reliable and responsive to customers  Affordability: Statements on whether services are affordable and provided at the lowest cost for both current and future customers. Qualitative Community LOS are translated into quantitative Technical LOS: Capacity and Use LOS drive the need for asset growth, Function LOS drive the needs for asset upgrade, Reliability and Quality LOS drive needs for asset renewal, maintenance and operations, and Affordability LOS drive needs for financial sustainability. The risks of failing to achieve the defined Community and Technical LOS are assessed, and lifecycle activities are prioritized to address those risks. Lifecycle activities may include expansion, upgrade, renewal, maintenance or operational activities, depending on the service attribute to be addressed. The nature of the lifecycle activity determines whether it will be funded through development charges, or capital and operating budgets. As shown in the figure, even after the lifecycle interventions, some residual risks may remain.Draft DocumentPage 30 of 143 Page 132 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 18 Figure 6 Asset Management Planning Framework Draft DocumentPage 31 of 143Page 133 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 19 The outputs of the AM Plan include the current levels of service, the risks to service delivery, the lifecycle activities needed to reduce the risks to service delivery to acceptable levels, and the associated funding. Shorter term operating and capital plans are informed by the AM Plan and provide more detailed programs comprised of projects and work. The AM Plan is intended to be read with the following City planning documents, including the corporate Strategic Asset Management Policy and Asset Management Strategy.  Council’s Strategic Priorities, 2019-2022  Official Plan, 2019  Structure Asset Management Cost Forecast, 2021  Development Charges Background Study, 2019  Pollution Prevention & Control Plan Study Update, 2017  Water and Wastewater Long-Range Financial Plan, 2019  Niagara Region’s Climate Change Discussion Paper, 2019  Operating and Capital Budgets 1.2.4 This AM Plan supports Growth at the City One main factor that municipalities must consider in asset management planning is the impact of future growth on meeting goals and objectives. The City monitors trends in its population to ensure that its impacts on service levels are well understood and that strategies are developed to address additional demands due to growth and demographic changes. The City’s historic and forecast future population and employment growth is summarized in Table 1-1 and shown in Figure 7. Historic population data is based on Census information up to 2021, at which time the population in the City was 92,830. Table 1-1 City Population and Employment Forecasts Year Population Population Growth Rate Employment 2006 82,184 0.8% 40,669 2011 82,997 0.2% 39,512 2016 88,071 1.2% 40,419 2021 92,830 1.1% 43,064 2026 99,990 1.5% 45,881 2031 107,860 1.5% 48,663 2036 115,730 1.4% 51,445 2041 123,600 1.3% 54,226 2046 131,470 1.2% 57,008 2051 139,340 1.2% 59,790 Draft DocumentPage 32 of 143 Page 134 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 20 Figure 7 City Population History and Forecast to 2051 1.2.5 This AM Plan supports Climate Change Response Climate change is a change in global or regional weather patterns that persists for an extended period including changes in the frequency and intensity of extreme events that may impact precipitation patterns, temperature, and water levels. For asset intensive services, climate change makes it more difficult to deliver desired levels of service, amplifies risk and increases costs required to manage these risks. The greatest potential impacts on the City’s core assets are as follows: Roads, Bridges and Culverts  Soil instability, ground movement, and slope instability, leading to road and bridge damage from erosion and embankment failure and increased frequency/severity of pavement cracking, rutting, and frost heave  Increased runoff volume leading to more frequent washout Stormwater Management  System capacity more frequently exceeded leading to more frequent exceedance of culvert and storm sewer system capacity causing damage to property and other infrastructure systems Water Systems  Infrastructure damage from flooding and fires  Reduced source water quality including water-borne health effects from increased flooding and summer taste/odour problems in potable water supply Wastewater Systems  Increased inflow and infiltration leading to system capacity more frequently exceeded leading to surface surcharging and basement flooding Draft DocumentPage 33 of 143 Page 135 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 21  Changes to wastewater effluent characteristics  Buildings, tankage, housed process equipment affected by flooding  Increased energy costs due to increased pumping. Climate change responses include:  Climate change mitigation strategies that reduce the magnitude and rate of climate change, typically by reducing greenhouse gas emissions  Climate change adaptation strategies that increase the resilience of a community to the impacts of climate change  Recovery strategies that wait for the impacts of climate change to happen, and then react, typically involving remediation of damages or moving towards lower levels of service as a choice. The City is one of seven regional municipalities in Niagara that are collaborating on climate change adaptation through a partnership called Niagara Adapts. The City’s Climate Adaptation Plan has five main goals, each with associated actions. The five main goals are:  Increasing climate change literacy among staff and the public  Investing in infrastructure and assets that are prepared for the impacts of climate change  Encouraging green methods of transportation  Creating and implementing energy conservation strategies for city facilities  Mitigating consequences of extreme weather, emergency events and safety risks to the community. 1.3 Scope This AM Plan includes all core assets owned by the City and for which asset data was available, and provides recommendations for the period 2022-2031, inclusive. Where data gaps were encountered, recommendations for closing data gaps are provided in Section 7. This will enable the City to continually improve its AM planning capabilities. This AM Plan includes five (5) services which provide municipal services to the City’s more than 33,000 combined residential, commercial, industrial, and institutional customers.  Roads and Related Service: The City provides and manages the local road network, which includes roads, curbs and gutters, and barriers as core assets and sidewalks and medians as non-core assets. Other roadway jurisdictions within the City include Niagara Region (major arterial roadways and connection links), the Province of Ontario (Provincial highways) and the Government of Canada (Niagara Parks Commission roadways). Draft DocumentPage 34 of 143 Page 136 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 22  Bridge and Culvert Service: The local transportation network also includes bridges and structural culverts.  Stormwater Management Service: The City manages stormwater drainage through a network of collection, conveyance, and storage assets including municipal drains, roadside ditching, sewer network, and ponds.  Water Service: The City distributes quality water through a network of drinking water treatment, storage and transmission facilities, and linear infrastructure. The Region of Niagara owns and operates the water treatment, pumping and transmission facilities and associated infrastructure.  Wastewater Service: The City collects wastewater in a network of sewers, pumping and transmission facilities and infrastructure. The majority of the system consists of separated sanitary sewers, but approximately 26% of the network is serviced by combined sewers. The Region of Niagara owns and operates the wastewater treatment, pumping and transmission facilities and infrastructure. The City owns and operates two sanitary pumping stations and a number of minor wastewater storage facilities. 1.4 Organization of the Document The AM Plan is organized to meet the requirements of Ontario Regulation 588/17 (Current Levels of Service) and the Province’s “Guide for Municipal Asset Management Plans”. The contents of this AM Plan follow the recommended elements of a detailed AM Plan:  Executive Summary: Summary of AM Plan  1 - Introduction: Outlines scope, background information, relationship to other municipal documents and plans, and applicable legislation  2 – State of the Infrastructure: Summarizes the inventory, valuation, condition and remaining life of the assets in the inventory by service and asset type  3 - Levels of Service: Defines levels of service through performance indicators and proposed targets, and outlines current performance  4 – Risk Management Strategy: Defines the framework for identifying critical assets and quantifies risk exposure to enable prioritization of lifecycle activities and optimization of lifecycle activities  5 – Lifecycle Management Strategy: Summarizes the planned activities to manage the assets that will enable them to provide the required levels of service in a sustainable way, while managing risk, at the lowest lifecycle cost  6 – Financing Strategy: Summarizes the available funding for the asset management strategies and any forecast funding gaps  7 – AM Plan O.Reg. Compliance & Improvement Opportunities: Summarizes the next steps including monitoring of AM Plan implementation progress, and improving future iterations of the AM Plan. Draft DocumentPage 35 of 143 Page 137 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 23  Appendix A – Asset Service Life and Replacement Cost: Summarizes the life and cost information used to develop the state of infrastructure section of the AM Plan. With the exception of the Executive Summary and Introduction, each of the above sections provides a City-wide overview followed by details for each service or lifecycle management strategy. Draft DocumentPage 36 of 143 Page 138 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 24 2 State of the Infrastructure 2.1 City-Wide Core Assets Overview The City provides a range of services to its residents, businesses and visitors, including core services that include mobility along local roads, bridges and culverts, stormwater management, drinking water distribution, and wastewater collection and conveyance. These services rely heavily on a portfolio of asset systems. Understanding the assets owned by the City is the starting point to developing a plan to best manage them. The replacement value represents the expected cost to replace an asset to the same functional standard with a new version based on current market conditions and construction standards. Replacement value estimates assume that replacements are conducted as part of planned and bundled capital projects where applicable, rather than as individual unplanned replacements, which would typically be more costly. Table 2-1 shows the estimated replacement value of the City’s core assets as $ 2,121.2 million (2022$), and includes a breakdown of the inventory by service including current (2022$) replacement value. Table 2-1 Inventory of the City’s Core Assets Service Asset Categories Replacement Value (2022$, millions) Replacement Value (%) Roads & Related Roads, sidewalks, medians, barriers $714.9 34% Bridges & Culverts Span bridges, span culverts, municipal structures $171.5 8% Stormwater Management Storm sewers, ponds, appurtenances $335.4 16% Water Water mains, facilities, appurtenances $477.6 23% Wastewater Sewer Mains, facilities, appurtenances $421.9 20% TOTALS $2,121.2 100% The average age and estimated service life of the City’s core assets, by service, weighted by replacement value, is summarized in Figure 8. The top number in each bar is the average of the estimated service life of the assets in the service, while the bottom number is the average age of the assets in the service. Assets with unknown install date are omitted. On average, the City’s assets are in the middle of their service lives. This is Draft DocumentPage 37 of 143 Page 139 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 25 important as assets generally require less investment during the beginning of their service lives and more as they approach the end of their lives. Figure 8 Average Age and Estimated Life of the City’s Core Assets Observed condition provides more confidence in the state of the assets than the age and remaining life information presented above. Condition ratings are defined in Table 2-2 and are aligned with the International Infrastructure Management Manual’s (IIMM) five-point condition scale. Table 2-2 Condition Grading Criteria Grade Description Condition Criteria VG Very Good Asset is physically sound and is performing its function as originally intended. Required maintenance costs are well within standards and norms. Typically, asset is new or recently rehabilitated. G Good Asset is physically sound and is performing its function as originally intended. Required maintenance costs are within acceptable standards and norms but are increasing. Typically, asset has been used for some time but is within mid-stage of its expected life. F Fair Asset is showing signs of deterioration and is performing at a lower level than originally intended. Some components of the asset are becoming physically deficient. Required maintenance costs exceed acceptable standards and norms and are increasing. Typically, asset has been used for a long time and is within the later stage of its expected life. P Poor Asset is showing significant signs of deterioration and is performing to a much lower level than originally intended. A major Draft DocumentPage 38 of 143 Page 140 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 26 Grade Description Condition Criteria portion of the asset is physically deficient. Required maintenance costs significantly exceed acceptable standards and norms. Typically, asset is approaching the end of its expected life. VP Very Poor Asset is physically unsound and/or not performing as originally intended. Asset has higher probability of failure or failure is imminent. Maintenance costs are unacceptable, and rehabilitation is not cost effective. Replacement / major refurbishment is required. For this AM plan, condition assessment data was incorporated where available, specifically for:  Roads based on PCI assigned to pavement segments by City staff, 2019  Bridges and culverts, both span (>=3.0 m) and municipal (<3.0 m), OSIM Bridge Condition Inspection, 2020  Watermains based on the most recent observed condition during watermain break repair  Wastewater sewers based on CCTV structural scores. For the remaining assets, condition was calculated from remaining life based on age and estimated service life. Table 2-3 shows how the five-point scores from Very Good to Very Poor were determined from the available asset data, including remaining useful life and other condition scoring systems, such as Pavement Condition Index (PCI) and Bridge Condition Index (BCI). Table 2-3 Conversion Table for Condition Grades of the City’s Core Assets Condition Grade % Remaining Useful Life (all asset types) Pavement Condition Index (roads) Bridge Condition Index (bridges & culverts) Watermain Break Observed Condition CCTV Structural Score (wastewater sewers) Very Good >75 – 100% 90 – 100 80 – 100 Excellent / Very Good 0 or 1 Good >50 – 75% 80 – 89 70 – 79 Good 2 Fair >25 – 50% 70 – 79 60 – 69 Fair / Okay 3 Poor >0 – 25% 50 – 69 40 – 59 Poor 4 Very Poor <= 0% < 50 < 40 Very Poor / Bad 5 The 2016 Canadian Infrastructure Report Card (CIRC) provides an assessment of the health of municipal infrastructure as reported by cities and communities across Canada. The CIRC summarizes the physical condition state of Canadian municipal infrastructure as qualitatively assessed by the study participants using a generic five point condition grading scale (Very Good, Good, Fair, Poor and Very Poor). To adequately meet service Draft DocumentPage 39 of 143 Page 141 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 27 levels and manage risk while minimizing whole-of-life costs, generally, most assets should be preserved in fair or better condition. The next section of this AM Plan, Levels of Service, sets general physical condition performance targets at 80% fair or better condition. Lower targets may be set for less critical assets (e.g. shorter span bridges and unpaved roads). The current (2021) condition distribution of the City’s core assets is shown in Figure 9 below, by service. The colours that make up each vertical bar represent the condition of the assets that support each service from very good to very poor, with those for which the condition is unknown shown in grey. The number on the top of the bar for each service provides the percentage of the assets within that service that are in fair or better condition, not including assets of unknown condition. Figure 9 Condition Distribution of the City’s Core Assets Overall, 77% or $1,638 million of the City’s core assets are in Fair condition or better, 17% or $358 million are in Poor or Very Poor condition, and 6% or $125 million in assets are of unknown condition either because the install date is not known or a condition assessment has not yet been undertaken. Knowing the condition of assets is important to understanding the risks and costs of meeting stated service delivery objectives. Most of the assets of unknown condition are stormwater catchbasins and ponds, and property water services and curb stops. Based on those assets with known condition, the figure above shows that most of roads, bridges and culverts, stormwater and water assets are in Fair or better condition (80%, 93%, 96% and 84%, respectively). However, only 69% of the wastewater assets are in Fair or better condition. Depending on the potential impact of a failure, assets in Poor and Very Poor condition may be managed differently than those in Fair or better condition. Assets in Very Poor condition (3.8% or $75.5 million) are due or overdue for repair or replacement and represent the City’s renewal backlog. The assets in Very Poor condition Draft DocumentPage 40 of 143 Page 142 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 28 include wastewater sewers, maintenance holes and laterals ($33.9 million), water mains ($10.8 million), roads ($6.7 million), and sidewalks ($13.1 million). Table 2-4 provides a summary of data sources for inventory, replacement cost and condition for this AM Plan and indicates lower confidence in source data with pink highlighting. The highest confidence in data is for bridges and the lowest is for stormwater assets. Table 2-4 Data Sources and Confidence for the City’s State of Infrastructure Service Inventory Unknowns (%) Replacement Value Age  Condition Condition Assessments Roads & Related Paved Urban Local Roads (3.1%), Medians (24.7%), Barriers (98.5%) Unit costs aligned with historical tender costs and peer municipalities sidewalks, medians, barriers paved roads, unpaved roads Bridges & Culverts None 2020 OSIM Bridge Condition Inspection all bridges and culverts Stormwater Management SWM Ponds (47.8%), Storm Appurtenances (31.1%) Same as Roads & Related except SWM Ponds (unit construction costs based on storage volume) storm sewers, ponds, appurtenances Water Water Mains (2.1%), Water Appurtenances (47.2%) Same as above except Water Facilities (purchase costs recorded in TCA register, inflated to 2022) water facilities, appurtenances water mains Wastewater Wastewater Facilities (12.3%), Wastewater Appurtenances (1.1%) Same as above except Wastewater Facilities (purchase costs recorded in TCA register, inflated to 2022) wastewater facilities, appurtenances sewer mains  Indicates lower confidence in source data (with pink highlighting) Draft DocumentPage 41 of 143 Page 143 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 29 2.2 Details by Service 2.2.1 Roads and Related Assets Road and related assets include paved and unpaved roads, sidewalks, medians and barriers. By replacement value, paved roads make up the largest proportion of assets that support this service and are reported by functional classification (arterial, collector, local) and cross section type (urban, semi urban, rural). Functional classification refers to two primary travel needs: mobility and access to/egress from specific locations. Arterial roads provide the greatest mobility and local roads the greatest opportunity for entry and exit. Cross section type designates the presence of roadway and boulevard elements such as curb and gutter, sidewalks, medians, and barriers. Table 2-5 shows the estimated replacement value of the City’s roads and related assets as $714.9 million (2022$), and includes a breakdown of the inventory by asset category. Paved Urban Local Roads make up more than one third (38.8%) of the portfolio by replacement value. Table 2-5 Inventory of the City’s Roads and Related Assets Asset Category Quantity Replace- ment Value (millions, 2022$) Replace- ment Value (%) Paved Urban Arterial Roads 395,512 m2 $81.1 11.3% Paved Urban Collector Roads 794,400 m2 $109.6 15.3% Paved Urban Local Roads 1,969,272 m2 $277.7 38.8% Paved Semi Urban & Rural Arterial Roads 466,279 m2 $51.3 7.2% Paved Semi Urban & Rural Collector Roads 484,410 m2 $53.3 7.5% Paved Semi Urban & Rural Local Roads 233,726 m2 $25.7 3.6% Unpaved Roads 177,872 m2 $6.4 0.9% Sidewalks 848,262 m2 $102.5 14.3% Medians 19,695 m $3.2 0.4% Barriers 480,774 m $4.2 0.6% TOTALS $714.9 100.0% The average age and estimated life of the City’s roads and related assets, weighted by replacement value, is summarized in Figure 10. On average, the City’s Paved Urban Roads are in the first half of their service lives as are sidewalks and barriers. Note that Paved Semi Urban & Rural Local Roads and Unpaved Roads show age greater than the Draft DocumentPage 42 of 143 Page 144 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 30 estimated service lives. This is because these road categories are continually rehabilitated, rather than “replaced”. For example, the City does not “reconstruct” a gravel road, it replaces gravel. The condition distribution of the City’s roads and related assets is shown in Figure 11 The figure graphically shows the relative replacement value, by asset category, and the proportion of assets by condition grade. Pavement condition is based on Pavement Condition Index (PCI). On average, 80% or more of paved urban roads (all functional classes) are in Fair condition or better and 73% of the remainder of paved roads are in Fair condition or better. On average, 74% of sidewalks are in Fair condition or better. However, only 34% of unpaved roads and 45% of medians are in Fair condition or better – but the City has a small inventory of these asset categories. Barriers of known condition are all in Fair condition or better – however, most barriers are of unknown condition. Draft DocumentPage 43 of 143 Page 145 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 31 Figure 10 Average Age and Estimated Life of the City’s Roads and Related Assets Figure 11 Condition Distribution of the City’s Roads and Related Assets Draft DocumentPage 44 of 143Page 146 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 32 Table 2-6 provides a summary of data sources for inventory, replacement cost and condition and indicates lower confidence in source data with pink highlighting. The highest confidence in data is for bridges and the lowest is for stormwater assets. Table 2-6 Data Sources and Confidence of the City’s Roads and Related Assets SOI Asset Category Inventory Data Source Source of Replacement Value Condition Roads Roads excel inventory with Pavement Condition Index 3.1% of Paved Urban Local Roads with unknown install date Unit costs aligned with peer municipalities; includes curb and gutter costs PCI assigned to pavement segments by City staff, 2019 Sidewalks GIS: installation date is assumed to be the same as the associated road subbase install date Unit costs aligned with historical tender costs and peer municipalities Age based on assumed installation date Medians GIS: installation date is assumed to be the same as the associated road Unit costs aligned with historical tender costs and peer municipalities Age based on assumed installation date Barriers GIS 98.5% with unknown install date Unit costs aligned with historical tender costs and peer municipalities Age based on assumed installation date  (pink highlighting) indicates lower confidence in source data 2.2.2 Bridges and Culverts Bridges and culverts are comprised of span bridges and span culverts, which includes all bridges and culverts with spans of 3.0 metres or greater, and municipal culverts include all bridges and culverts with spans less than 3.0 metres. Table 2-7 shows the estimated replacement value of the City’s bridges and culverts as $171.5 million (2022$), and includes a breakdown of the inventory by asset category. Span bridges make up approximately one half (49.9%) of the portfolio by replacement value. Table 2-7 Inventory of the City’s Bridges and Culverts Asset Category Quantity Replacement Value (2022$, millions) Replacement Value (%) Span Bridges 47 structures $85.7 49.9% Span Culverts 22 structures $63.6 37.1% Municipal Culverts 81 structures $22.3 13.0% Draft DocumentPage 45 of 143 Page 147 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 33 Asset Category Quantity Replacement Value (2022$, millions) Replacement Value (%) TOTALS 150 structures $171.5 100.0% The average age and estimated life of the City’s bridges and culverts, weighted by replacement value, is summarized in Figure 12. On average, all of the City’s bridges and culverts are in the last half of their service lives. Figure 12 Average Age and Estimated Life of the City’s Bridges and Culverts The condition distribution of the City’s bridges and culverts is shown in Figure 13. The figure graphically shows the relative replacement value, by asset category, and the proportion of assets by condition grade based on the Bridge Condition Index (BCI). On average, 100% of span culverts, 90% of span bridges and 87% of municipal structures are in Fair condition or better. No bridges or culverts are of unknown condition. Draft DocumentPage 46 of 143 Page 148 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 34 Figure 13 Condition Distribution of the City’s Bridges and Culverts The source of inventory, replacement value and condition information is sourced from the inspection and assessment reports prepared by Ellis Engineering Inc. As this information was derived from physical condition inspection and assessment in 2021 in accordance with the Ontario Structures Inspection Manual (OSIM), the confidence in the information is high. Copies of the bridge and culvert inspection and assessment reports have been provided in Appendix B. 2.2.3 Stormwater Management System Assets that support stormwater management include storm sewers, stormwater management ponds, maintenance holes, catchbasins and catchbasin leads. Table 2-8 shows the estimated replacement value of the City’s stormwater management system as $335.4 million (2022$), and includes a breakdown of the inventory by asset category. Storm sewers make up approximately three quarters (76.3%) of the portfolio by replacement value. Table 2-8 Inventory of the City’s Stormwater Management System Asset Category Quantity Replacement Value (2022$, millions) Replacement Value (%) Storm Sewers 314,758 m $255.8 76.3% SWM Ponds 27 ponds $19.4 5.8% Stormwater Appurtenances 4,778 Maintenance Holes $12.5 3.7% 7,400 Catchbasins $19.4 5.8% Draft DocumentPage 47 of 143 Page 149 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 35 Asset Category Quantity Replacement Value (2022$, millions) Replacement Value (%) 54,575 m Catchbasins Leads $28.3 8.4% $335.4 The average age and estimated life of the City’s stormwater management system, weighted by replacement value, is summarized in Figure 14. On average, the City’s stormwater management system assets are in the first third of their service lives. Figure 14 Average Age and Estimated Life of the City’s Stormwater Management System The condition distribution of the City’s stormwater management system is shown in Figure 15. The figure graphically shows the relative replacement value, by asset category, and the proportion of assets by condition grade. On average, 96% of stormwater management assets are in Fair condition or better. Assets of unknown condition include 46% or $12.5 million of maintenance holes and 67% or $19.4 million of catchbasins. Draft DocumentPage 48 of 143 Page 150 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 36 Figure 15 Condition Distribution of the City’s Stormwater Management System The sources of inventory, replacement cost and condition data for the State of Infrastructure (SOI) are outlined in the following table. The confidence in stormwater management system data is moderate. Table 2-9 Data Sources and Confidence of the City’s Stormwater Management System SOI Asset Category Inventory Data Source Replacement Value Source Condition Source Stormwater Sewers & Catchbasin Leads GIS Unit costs aligned with historical tender costs and peer municipalities Age and install date Stormwater Management Facilities GIS Unit construction costs based on storage volume Age and install date, currently collecting and assessing bathymetric survey data Appurtenances (Maintenance Holes & Catchbasins) GIS 31.1% with unknown install date Unit costs aligned with historical tender costs and peer municipalities Age and install date Draft DocumentPage 49 of 143 Page 151 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 37 2.2.4 Water and Wastewater Systems Assets that support water service include water mains, water facilities, and water appurtenances including hydrants, valves, meters, services and curb stops. The top part of Table 2-10 shows the estimated replacement value of the City’s water system as $477.6 million (2022$), and includes a breakdown of the inventory by asset category. Water mains make up approximately two thirds (65.0%) of the portfolio by replacement value. Assets that support wastewater service include sewer mains, a treatment facility, a storage and pumping facility, maintenance holes, laterals, cleanouts and a storage tank. The bottom part of Table 2-10 shows the estimated replacement value of the City’s wastewater system as $421.9 million (2022$), and includes a breakdown of the inventory by asset category. Sewer mains and laterals make up approximately 80% of the portfolio by replacement value. Table 2-10 Inventory of the City’s Water and Wastewater Systems Asset Category Quantity Replacement Value (2022$, millions) Replacement Value (%) Water Mains 480,774 m $310.6 65.0% Water Facilities 2 Water Facilities $0.3 0.1% Water Appurtenances 3,046 Hydrants $28.8 6.0% 4,955 Valves $18.2 3.8% 34,643 Meters $18.2 3.8% 289,658 m Services $85.7 18.0% 31,412 Curb Stops $15.7 3.3% TOTALS $477.6 100% Sewer Mains 434,235 m $243.4 57.7% Wastewater Facilities 1 High Rate Treatment Facility $14.8 3.5% 1 Storage & Pumping Facility $2.1 0.5% Wastewater Appurtenances 5,984 Maintenance Holes $64.3 15.2% 301,560 m Laterals $95.6 22.7% 1,188 Cleanouts $1.2 0.3% 1 Storage Tank $0.4 0.1% Draft DocumentPage 50 of 143 Page 152 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 38 Asset Category Quantity Replacement Value (2022$, millions) Replacement Value (%) TOTALS $421.9 100% The average age and estimated life of the City’s water and wastewater systems, weighted by replacement value, are summarized in Figure 16. On average, the City’s water system assets are in the first third of their service lives and the wastewater system assets are in the middle of their service lives. Figure 16 Average Age and Estimated Life of the City’s Water and Wastewater Systems The condition distribution of the City’s water and wastewater systems are shown in Figure 17. The figure graphically shows the relative replacement value, by asset category, and the proportion of assets by condition grade. On average, 84% of water system assets and 69% of wastewater system assets are in Fair condition or better. For the water system, significant portions of the asset portfolio are of unknown condition: 24% or $18.1 million of meters, 76% or $85.7 million of services, and 51% or $15.7 million of curb stops due to unknown install date. Draft DocumentPage 51 of 143 Page 153 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 39 Figure 17 Condition Distribution of the City’s Water and Wastewater Systems The sources of inventory, replacement cost and condition data for the State of Infrastructure (SOI) are outlined in the following table. The confidence in water and wastewater facility and appurtenances data is moderate. Table 2-11 Data Sources and Confidence of the City’s Water and Wastewater Systems SOI Asset Category Inventory Data Source Source of Replacement Value Condition Source Water Mains GIS Unit costs aligned with historical tender costs and peer municipalities Most recent observed condition during watermain break repair Water Facilities Tangible Capital Asset register Purchase costs recorded in Tangible Capital Asset register, inflated to 2022 Age and install date Water Appurtenances (Hydrants & Valves, Meters, Services, Curb Stops) GIS: Unknown meter sizes assume 5/8”, Unknown curb stop sizes assume 25mm Unit costs aligned with historical tender costs and peer municipalities Age and install date Draft DocumentPage 52 of 143 Page 154 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 40 Asset Category Inventory Data Source Source of Replacement Value Condition Source Wastewater Sewers GIS Unit costs aligned with historical tender costs and peer municipalities CCTV structural scores Wastewater Facilities Tangible Capital Asset register 12.3% with unknown install date Purchase costs recorded in Tangible Capital Asset register, inflated to 2022 Age and install date Wastewater Appurtenances (Maintenance Holes, Laterals, Cleanouts, Storage Tanks) GIS: Assume maintenance holes are 1200mm. Unknown lateral sizes assume 100mm Unit costs aligned with historical tender costs and peer municipalities Age and install date Draft DocumentPage 53 of 143 Page 155 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 41 3 Levels of Service 3.1 Introduction Levels of Service (LOS) are statements that describe the outputs and objectives the City intends to deliver to its residents, businesses, and other stakeholders. Developing, monitoring, and reporting on LOS are all integral parts of an overall performance management program which is aimed at improving service delivery and demonstrating accountability to the City’s stakeholders. The requirements under O.Reg 588/17 current levels of service include, for each core asset category, the current levels of service being provided determined in accordance with the qualitative descriptions and technical metrics for roads, bridges and culverts, stormwater management, water, and wastewater provided in a set of tables. In general, LOS are guided by a combination of customer expectations, legislative requirements, and internal guidelines, policies, and procedures. In many cases, LOS are also implied based on past service delivery, community expectations, and infrastructure system design. Effective asset management requires that LOS be formalized and supported through a framework of performance measures, targets, and timeframes to achieve targets, and that the costs to deliver the documented LOS be understood. 3.2 City-Wide Core Assets Overview Legislated requirements define the standards by which the City is obligated to provide services. Legislative requirements are a significant business driver for most municipal services. 3.2.1 Customer LOS In setting customer performance measures, the focus is on measuring how the customer receives the service and ensuring that the City is providing customer value. These may be qualitative or quantitative measures. O.Reg. 588/17 refers to Customer LOS as “Community LOS”, and outlines these LOS as qualitative descriptions. In this AM Plan, the following O.Reg. 588/17 Community LOS for core assets are used as the Customer LOS, and similar qualitative descriptions are developed for non-core assets. Current performance is provided in Section 3.3 Details by Service, below. Table 3-1 O.Reg. 588/17 Community LOS Requirements Asset Type Service Attribute Community Levels of Service Roads and Related Scope Description, which may include maps, of the road network in the municipality and its level of connectivity Draft DocumentPage 54 of 143 Page 156 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 42 Asset Type Service Attribute Community Levels of Service Quality Description or images that illustrate the different levels of road class pavement condition Bridges and Culverts Scope Description of the traffic that is supported by municipal bridges (e.g., heavy transport vehicles, motor vehicles, emergency vehicles, pedestrians, cyclists) Quality Description or images of the condition of bridges and how this would affect use of the bridges Description or images of the condition of culverts and how this would affect use of the culverts Stormwater Management System Scope Description, which may include maps, of the user groups or areas of the municipality that are protected from flooding, including the extent of the protection provided by the municipal stormwater management system Water System Scope Description, which may include maps, of the user groups or areas of the municipality that are connected to the municipal water system Description, which may include maps, of the user groups or areas of the municipality that have fire flow Reliability Description of boil water advisories and service interruptions Wastewater System Scope Description, which may include maps, of the user groups or areas of the municipality that are connected to the municipal wastewater system Reliability Description of how stormwater can get into sanitary sewers in the municipal wastewater system, causing sewage to overflow into streets or backup into homes Description of the effluent that is discharged from sewage treatment plants in the municipal wastewater system 3.2.2 Technical LOS Technical LOS translate customer expectations and legislative requirements into technical objectives, performance measures, and targets. Technical levels of service define what the City must do to deliver services that meet customer and legislated LOS. Similar to Customer LOS, O.Reg. 588/17 outlines specific Technical LOS for core assets. Current performance against the O.Reg. 588/17 Technical LOS for core assets are provided in the following table. Draft DocumentPage 55 of 143 Page 157 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 43 Table 3-2 O.Reg. 588/17 Technical LOS Requirements for Core Assets Service Service Attribute Technical Levels of Service 2021 Performance Roads and Related Scope Number of lane-kilometres of each of arterial roads, collector roads and local roads as a proportion of square kilometres of land area of the municipality Paved Arterial: 989 Paved Collector: 1,616 Paved Local: 2,645 Unpaved: 361 Quality For paved roads in the municipality, the average pavement condition index value 69.1 For unpaved roads in the municipality, the average surface condition Fair Bridges and Culverts Scope Percentage of bridges in the municipality with loading or dimensional restrictions 9% Quality For bridges in the municipality, the average bridge condition index value 70.2 For structural culverts in the municipality, the average bridge condition index value 71.4 Stormwater Management System Scope Percentage of properties in municipality resilient to a 100-year storm 78% Percentage of the municipal stormwater management system (trunk system) resilient to a 5-year storm 83% Water System Scope Percentage of properties connected to the municipal water system (within the Urban Boundary) 100% Percentage of urban properties where fire flow is available 89% Reliability The number of connection-days per year where a boil water advisory notice is in place compared to the 0 Draft DocumentPage 56 of 143 Page 158 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 44 Service Service Attribute Technical Levels of Service 2021 Performance total number of properties connected to the municipal water system The number of connection-days per year due to water main breaks compared to the total number of properties connected to the municipal water system 0.0475 Wastewater System Scope Percentage of properties connected to the municipal wastewater system (within the Urban Boundary) 99.0% Reliability The number of connection-days per year due to wastewater backups compared to the total number of properties connected to the municipal wastewater system 2 breaks per 30,467 properties The number of effluent violations per year due to wastewater discharge compared to the total number of properties connected to the municipal wastewater system N/A for local municipality 3.3 Details by Service The following sub-sections provide qualitative details on customer (community) levels of service required by O.Reg. 588/17 and quantitative details on technical LOS measures or indicators, 2021 performance and draft proposed service standards – both those required by O.Reg. 588/17 as provided in the table above, and those set by the City. The technical LOS are organized by service attribute: capacity, function and reliability. The tables also provide the grade associated with the 2021 performance, and the confidence in the performance assessment which is a reflection of data availability and/or control over the measure by the City. Performance grade colour codes are provided in the following table. Table 3-3 Performance Grades Very Good Good Fair Poor Very Poor The confidence assigned to the 2021 performance was assessed using the following three grades. Draft DocumentPage 57 of 143 Page 159 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 45 Table 3-4 Confidence Grades Grade General Meaning Business Risk High Performance based on sound records, procedures, investigations and analysis, documented properly but has minor shortcomings, for example some of the data is old, some documentation is missing and/or reliance is placed on unconfirmed reports or some extrapolation. Dataset is complete and estimated to be accurate ± 10% Serves business process well. Clearly informs decisions, with no perceived risk Moderate Performance based on sound records, procedures, investigations and analysis which is incomplete or unsupported, or extrapolated from a limited sample for which grade VH or H data are available. Dataset is substantially complete but up to 50% is extrapolated data and accuracy estimated ± 25% Enables business process to function. Minor uncertainty around decisions, resulting in small risk Low Performance is based on confirmed verbal reports by knowledgeable staff. Dataset may not be fully complete and most data is estimated or extrapolated. Accuracy ± 30% Compromises business process. Compromises decision certainty (i.e., creates risk) Table 3-5 provides a summary of data sources for determining performance for levels of service measures in this AM Plan and indicates lower confidence in source data with pink highlighting. The highest confidence in data is for bridges and the lowest is for stormwater management assets. The City is currently working to improve the data to support LOS performance reporting for stormwater management. Measures for bridge capacity and stormwater management function, including resiliency to climate change impacts, will be considered in the future. Draft DocumentPage 58 of 143 Page 160 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 46 Table 3-5 Data Sources and Confidence for Performance on the City’s LOS Measures Service Capacity and Use Function Reliability Roads & Related Road network exceeding AADT counts -> Anecdotal rating -> to be updated via 2023 Transportation Master Plan Update Presence of sidewalks from GIS Presence of dedicated/shared bicycle lanes based on GIS Road condition is based on PCI, while sidewalks, medians, barriers are age-based Bridges & Culverts N/A Structure loading or dimensional restrictions based on inspection All structure conditions are based on assessed condition (BCI) Stormwater Management Resiliency based on trunk system only Responsibility not solely the City’s, shared with Region N/A All stormwater asset condition is age-based (storm sewer and SWM pond assessments planned or under way) Water Fire flow based on hydraulic model or GIS (proximity to hydrant) Operating pressure based on evaluation against design standard Water quality based on complaints captured in database Water main condition is based on age, material and break history captured in database Water facilities and appurtenance condition are age-based Wastewater Water main backups based on issues capture in database Sanitary sewer meeting minimum slope requirements from hydraulic model Sanitary sewer main condition is based on assessment of CCTV data Wastewater facilities and appurtenance condition are age-based  indicates lower confidence in source data (with pink highlighting) Draft DocumentPage 59 of 143 Page 161 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 47 3.3.1 Roads and Related Assets CUSTOMER LOS: Road network description and connectivity The City’s roads provide connections to and within neighbourhoods, city centres, commercial sites, and industrial lands. They also facilitate regional travel over Niagara Region major arterial roadways and connection links, and provide access to provincial highways and federal Niagara Parks Commission roadways. Provincial highways are regulated by the Ontario Ministry of Transportation, while federal roadways are regulated by the Government of Canada. Development and access in close proximity to these roadways are subject to Provincial or Federal permitting and approval. The following map illustrates the City's road network. Draft DocumentPage 60 of 143 Page 162 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 48 Figure 18 City of Niagara Falls Road Network Draft DocumentPage 61 of 143 Page 163 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 49 CUSTOMER LOS: Different levels of road class pavement condition and the impact on use Pavement condition data is collected on the entire road network every two to three years by City staff. Staff assess the type, extent and severity of distresses (cracks and rutting) and smoothness or ride comfort of the road and assign an overall Pavement Condition Index (PCI) which is used as an input into the annual road resurfacing and reconstruction program. The index is scaled from zero to 100 and has been divided into ranges to assess condition. Examples of roads in each of the PCI rating categories are provided in the following figures – one figure for urban road pavement and another for rural road pavement. Draft DocumentPage 62 of 143 Page 164 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 50 Figure 19 Condition Grade Examples – Urban and Rural Road Pavement PCI Score Urban Road Example Rural Road Example Very Good PCI 90 - 100 Fallsview Boulevard Stanley Avenue Good PCI 80-89 Chrysler Ave King Road Draft DocumentPage 63 of 143Page 165 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 51 PCI Score Urban Road Example Rural Road Example Fair PCI 70-79 Forest Glen Drive Young Road Poor PCI 50-69 Lewis Avenue Marshall Road Draft DocumentPage 64 of 143Page 166 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 52 PCI Score Urban Road Example Rural Road Example Very Poor PCI <49 Allendale Avenue Lyon’s Creek Road / Schisler Road Draft DocumentPage 65 of 143Page 167 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 53 The following table provides the technical LOS for roads and related assets. 2021 performance ranges from fair to good, with a high degree of confidence in all performance ratings. Table 3-6 Technical LOS for Roads and Related Assets Service Attribute Technical Levels of Service 2021 Performance 2021 Grade Confidence in Performance Proposed Target Capacity % road network exceeding expected AADT counts Good Good High Good % of arterial and collector roads with sidewalk on both sides 54% Fair High 70% % of local roads with sidewalk on at least one side 82% Fair High 90% Functionality % of lane-kms of dedicated/shared bicycle lanes as a proportion of roadway lane-kms 3% Fair High 3% Reliability For paved arterial roads, the average PCI value 64.7 Fair High 70 For paved collector roads, the PCI value 63.4 Fair High 70 For paved local roads in the City, the average PCI value 65.7 Fair High 70 For unpaved roads, the average surface condition * 47.5 Fair High 60 % of arterial roadway in fair or better condition based on PCI 80.5% Good High 80% % of collector roadway in fair or better condition based on PCI 77.8% Fair High 80% % of local roadway in fair or better condition based on PCI 83.3% Good High 80% % of unpaved roadway in fair or better condition based on PCI * 71.6% Fair High 90% * Excludes un-opened road allowances (Class 6 roads) Draft DocumentPage 66 of 143 Page 168 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 54 3.3.2 Bridges and Culverts CUSTOMER LOS: Traffic supported by municipal bridges The City’s bridges and culverts are designed to support heavy transport vehicles, transit vehicles, motor vehicles, emergency vehicles, cyclists and pedestrians. A map of the City’s was bridge and culvert inventory is shown in the following figure. Figure 20 Bridge and Culvert Location Map Draft DocumentPage 67 of 143 Page 169 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 55 CUSTOMER LOS: Levels of bridge and structural culvert condition and the impact on use The need for mobility requires that the City’s roadway system be kept in a state of good repair, and structures are a vital part of this system. An effective structure management system involving the systematic inspection of is required to achieve this. In accordance with O. Reg. 104/97 Standards for Bridges, the City conducts detailed inspections of all of its span bridges, span culverts and municipal structures every two years. An overall Bridge Condition Index (BCI) is calculated from all collected data and informs the annual bridge and structural culvert rehabilitation and reconstruction program. The index is scaled from zero to 100 and has been divided into ranges to assess condition. The BCI is not used to rate or indicate the safety of a bridge or culvert. Any safety issues are immediately reported by the inspector to supervising engineers and maintenance crews. Condition grade examples are provided in Figure 21. Figure 21 Condition Grade Examples –Bridges and Culverts Condition Grade Sample Span Structures Conditions Sample Municipal Structures Conditions Very Good BCI 80 - 100 Mewburn Bridge (BCI=95) Kalar Culvert (BCI=90) Good BCI 70 - 79 Dorchester Culvert (BCI=75) Lyons Creek Culvert (BCI=77) Fair BCI 60 - 69 Koabel Bridge (BCI=65) Garner Culvert (BCI=65) Draft DocumentPage 68 of 143 Page 170 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 56 Condition Grade Sample Span Structures Conditions Sample Municipal Structures Conditions Poor BCI 40 - 59 Crowland Bridge (BCI=59) Weaver Culvert (BCI=52) Very Poor BCI < 40 McKenney Bridge (BCI=47) Marshal Culvert (BCI=39) The following table provides the technical LOS for roads and related assets. 2021 performance ranges from fair to very good, with a high degree of confidence in all performance ratings. Table 3-7 Technical LOS for Bridges and Culverts Service Attribute Technical Levels of Service 2021 Performance 2021 Grade Confidence in Performance Proposed Target Functionality % of span bridges in the City with loading or dimensional restrictions 9% Fair High 0% % of span culverts in the City with loading or dimensional restrictions 0% Very Good High 0% % of municipal structures in the City with loading or dimensional restrictions 0% Very Good High 0% Reliability For span bridges, the average BCI value 70.2 Good High 70 For span culverts, the average BCI value 71.4 Good High 70 % of span bridges in fair or better condition based on BCI 89.8% Good High 80% % of span culverts in fair or better condition based on BCI 100.0% Good High 80% Draft DocumentPage 69 of 143 Page 171 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 57 Service Attribute Technical Levels of Service 2021 Performance 2021 Grade Confidence in Performance Proposed Target % of municipal structures in fair or better condition based on BCI 87.2% Very Good High 70% Draft DocumentPage 70 of 143 Page 172 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 58 3.3.3 Stormwater Management System CUSTOMER LOS: Areas protected from flooding The City manages stormwater drainage through a network of collection, conveyance, and storage assets including municipal drains, roadside ditching, sewer network, and ponds. A map of the City’s stormwater management system is shown in the following figure. Figure 22 Stormwater Management System Draft DocumentPage 71 of 143 Page 173 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 59 The following table provides the technical LOS for the stormwater management system. 2021 performance ranges from fair to very good, with a low degree of confidence in all performance ratings. The low confidence in the capacity performance is due to shared responsibility with Niagara Region and that some trunk system designed to be resilient to a 2-yr storm. The low confidence in the capacity performance is due to condition being age-based rather than condition based (plans are in place to conduct CCTV inspection to improve the confidence). Table 3-8 Technical LOS for Stormwater Management System Service Attribute Technical Levels of Service 2021 Performance 2021 Grade Confidence in Performance Proposed Target Capacity % of municipal stormwater management trunk system resilient to a 5-year storm 83% Good Low * 80% % of properties resilient to a 100-year storm 78% Fair Low * 80% Reliability % of storm sewers and appurtenances in fair or better condition based on age and material 95.6% Very Good Low ** 80% * Some trunk system designed to be resilient to a 2-yr storm ** Low due to condition being age-based rather than condition based (plans are in place to conduct CCTV inspection to improve the confidence) 3.3.4 Water System CUSTOMER LOS: Areas connected to the municipal water system The City distributes quality water through a network of drinking water treatment, storage and transmission facilities, and linear infrastructure. The Region of Niagara owns and operates the water treatment, pumping and transmission facilities and associated infrastructure. CUSTOMER LOS: Areas of the City with fire flow The City’s engineering design standards require the provision for fire flow in the urban areas. CUSTOMER LOS: Boil water advisories and service interruptions Most boil water advisories are issued because the equipment and processes used to treat, store or distribute drinking water break down, require maintenance, or have been affected Draft DocumentPage 72 of 143 Page 174 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 60 by environmental conditions. In some cases, extreme weather or heavy rains may cause the quality of surface or ground water sources to temporarily worsen, challenging the drinking water treatment system. The City of Niagara Falls has not experienced any boil water advisories - service disruptions are generally caused by water main break failures. A map of the City’s water system is shown in the following figure. Figure 23 Water System Draft DocumentPage 73 of 143 Page 175 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 61 The following table provides the technical LOS for water and related assets. 2021 performance ranges from fair to very good, with a high degree of confidence in all performance ratings except water mains as the condition is based on age, material type and history of breaks rather than inspected condition. Table 3-9 Technical LOS for the Water System Service Attribute Technical Levels of Service 2021 Performance 2021 Grade Confidence in Performance Proposed Target Capacity % of properties where fire flow is available 89% Fair High 90% % of properties connected to the City water system within the Urban Boundary 100% Very Good High 90% % water network that meets Peak Hour Demand Minimum Operating Pressure of 40 PSI 99% Very Good High 90% % water network that meets Normal (Average Day / Maximum Day / Minimum Hour) Operating Pressure of 40-100 PSI 84% Good High 80% % of local watermain greater than 4" (100mm) 98% Very Good High 90% Functionality % of sampling results that meet Drinking Water License and legislated limits 100% Very Good High 98% # of water quality complaints due to discoloured water (City to set acceptable levels - if applicable) 14 Good High 15 Reliability # of connection-days per year where a boil water advisory notice is in place compared to the total # of properties connected to the City water system 0% Very Good High 0 # of connection-days per year due to water main breaks compared to the total # of properties connected 0.0475 Good High 5 Draft DocumentPage 74 of 143 Page 176 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 62 Service Attribute Technical Levels of Service 2021 Performance 2021 Grade Confidence in Performance Proposed Target to the City water system % of linear water assets in fair or better condition 84.3% Good Moderate * 80% # of watermain segments that exceed break threshold 0.009% (3 segments per 32,499) Very Good High 5% * based on a combined factor the incudes age, material and break history, as techniques for assessing physical condition are not readily available on this underground infrastructure Draft DocumentPage 75 of 143 Page 177 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 63 3.3.5 Wastewater System CUSTOMER LOS: Areas connected to the municipal wastewater system The City collects wastewater from households, industry, commercial establishments, and institutions through a network of sewers, pumping and transmission facilities and infrastructure. The Region of Niagara owns and operates the wastewater treatment, pumping and transmission facilities and infrastructure. The City owns and operates two sanitary pumping stations and a number of minor wastewater storage facilities. CUSTOMER LOS: Combined sewers The majority of the City’s wastewater system consists of separated sanitary sewers, but approximately 26% of the network is serviced by combined sewers. The City does not currently track the frequency and volume of overflows events in combined sewers. The City is working to separate its combined sanitary sewers. The minor wastewater storage facilities owned by the City are in place to accommodate overflow during storm events to prevent backups into homes due to the remaining combined sewers. CUSTOMER LOS: Inflow and Infiltration (I/I) Inflow occurs when stormwater enters the sanitary sewer systems at points of direct connection to the systems (rain leaders, basement sump pumps, foundation drains). Infiltration occurs when groundwater enters the sanitary sewer systems through cracks and/or leaky joints in the pipes, service connections or maintenance holes. These cracks or leaky joints may be caused by physical deterioration, poor design, installation or maintenance errors, or root infiltration. I/I increases flow to the sanitary collection system which is ultimately received by the wastewater treatment plants. I/I extraneous flow increases the risk of sanitary sewage backups in homes and businesses as well as the risk of upset to wastewater treatment plant processes including higher chance of bypasses. The City’s engineering design standards ensure that City sewers will be resilient to I/I events. A map of the City’s wastewater system is shown in the following figure. Draft DocumentPage 76 of 143 Page 178 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 64 Figure 24 Wastewater System Draft DocumentPage 77 of 143 Page 179 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 65 The following table provides the technical LOS for the City’s wastewater system. 2021 performance ranges from poor to very good, with a high degree of confidence in all performance ratings. The poor 2021 performance for linear sanitary assets was noted in the State of Infrastructure section above. Table 3-10 Technical LOS for the City’s Wastewater System Service Attribute Technical Levels of Service 2021 Performance 2021 Grade Confidence in Performance Proposed Target Capacity % of properties connected to the City wastewater system within the Urban Boundary 100% Very Good High 90% # of connection-days per year due to wastewater backups compared to the total # of properties connected to the City's wastewater system 5% Good High 5% % network with combined sewer 26% Fair High 20% Functionality % of sewer network that meets minimum slope requirements (0.6%) 47% Fair High 50% % of pipe network that meets design velocity targets of 0.6 - 3.0 m/s 67% Good High 60% Reliability % of linear sanitary assets in fair or better condition 68% Poor High 80% Average PACP score of sanitary network 1.49 Good High 2 Draft DocumentPage 78 of 143 Page 180 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 66 4 Risk Management Strategy 4.1 Introduction The City’s key asset management principle is to meet service levels and manage risk, while minimizing lifecycle costs. The relative importance of the assets to support service delivery, referred to as asset criticality, is a key driver in selection of the most appropriate asset management strategy for each asset. Critical assets include assets that are key contributors to performance, expensive in terms of lifecycle costs, and most prone to deterioration or in need of ongoing maintenance investment. Risk events, such as an asset’s failure to have sufficient capacity, function, or reliability, are events that may compromise the delivery of the City's strategic objectives. Lifecycle activities are used to manage the risk of failure by reducing the chance of asset failure to acceptable levels. The impact of asset failure on the City’s ability to meet its strategic objectives dictates the type and timing of lifecycle activities. The City’s uses a risk framework for quantifying the risk exposure of its assets to enable prioritization of projects across asset classes and services. Risk exposure is the multiplication of the criticality or consequence of failure (CoF), which is the direct and indirect impact on the City if an asset failure were to occur, by the probability of failure (PoF), which is the likelihood or chance that an asset failure may occur: Risk Exposure = Consequence of Failure x Probability of Failure Asset criticality or consequence of failure reflects the importance of an asset to the City’s delivery of services. The following impacts of a potential asset failure are considered:  Financial impact considerations such as asset replacement cost, damages to City or private property and infrastructure, loss of revenue, and fines.  Health and Safety considerations including the ability to meet health and safety related regulatory requirements, and degree and extent of injury, ranging from negligible injuries to loss of life  Service Delivery considerations ranging from a disruption of non-essential service to widespread and long-term disruption of essential service  Reputational considerations such as residents’ reduced trust and confidence in City government  Environmental considerations such as length and extent of damages to the natural environment. The City’s Climate Change Adaptation Plan requires consideration of the consequences of extreme weather, emergency events and safety risks to the community. The risk assessment included climate change considerations but should be reviewed over time as the impacts of climate change become more apparent. Table 4-1 summarizes the above listed impacts against an asset criticality rating scale from 1 to 5, with a higher score indicating a higher consequence of failure. Draft DocumentPage 79 of 143 Page 181 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 67 Table 4-1 Asset Criticality (Consequence of Failure) Ratings Consequence Categories 1 2 3 4 5 Insignificant Minor Moderate Major Catastrophic Financial Damages, losses (including 3rd party) or fines from $1k to $5k Damages, losses (including 3rd party) or fines $5k to $50k Damages, losses (including 3rd party) or fines $50k to $500K Damages, losses (including 3rd party) or fines $500K to $5M Damages, losses (including 3rd party) or fines > $5M Health & Safety No obvious potential for injury or affects to health Potential for minor injury or health effects of an individual Full recovery is expected Potential for serious injury or health affects May affect many individuals Potential for serious injury, health affects or long-term disability to 1+ individuals Emergency hospitalization for 1+ individuals Potential for death of 1+ individuals Long-term hospitalization for 1+ individuals Service Delivery Small # of customers disrupted / impacted < 100 people or up to a few hours Localized service disruption / impact 100 to 1,000 people or up to 1 day Significant localized disruption / impact 1,000 to 10,000 or up to 1 week Major service disruption / impact 10,000 to 50,000 or up to 1 month City wide service disruption / impact > 50,000 people or permanent loss of services Reputational Minor or no media exposure Minor or no media exposure Moderate local media exposure lasting for several days Intense local media exposure lasting several days and/or Municipality wide exposure Significant Provincial exposure lasting several days or weeks Environmental Very negligible impact or can be restored within 1 week Minor (within 1 month) very isolated damage / impact to the environment Local importance Significant short-term impact (up to 2 months) Local importance Significant long-term impact (up to 1 year) Regional importance Major long- term impact (greater than 1 year) Provincial / Federal importance The above criticality profiles enable risk to be incorporated into the development of asset lifecycle management strategies. More critical assets are prioritized for expansion, inspection, cleaning, maintenance, and renewal, depending on their current and forecasted performance. Asset criticality is determined based on the degree to which the failure of the asset would impact the following three community levels of service attributes: Draft DocumentPage 80 of 143 Page 182 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 68  Capacity and Use: Assets of sufficient capacity are available, convenient, and accessible  Function: Assets comply with regulations, perform their intended function and are safe, secure, and sustainable  Reliability and Quality: Assets are in adequate condition and are maintained as required. Risk to Capacity and Use Levels of Service As indicated in Section 1.2.4, the City has experienced growth in the past few decades and should continue to grow at a modest rate through to 2031 and beyond. The City anticipates that additional infrastructure will be required over the next 10 years to maintain capacity service levels. Additional infrastructure will be acquired at cost to the City, or donated by developments. The City’s 2019 Development Charge study lists new and expanded assets, sometimes coincident with upgrade and/or renewal plans, needed over the next 10 years to accommodate the additional infrastructure acquired at cost to the City. The assets donated by developments are assumed to be 1% of the current inventory per year for each of the next 10 years. Tables with Consequence of Failure (CoF) ratings for the City’s assets to support service delivery are provided in the City-Wide Core Assets Overview section below. CoF risks for capacity and use were rated at a maximum of 3 (Moderate). Risk to Function Levels of Service The City’s master plans provide requirements for functional upgrades. Consequence of failure risks for function were rated at a maximum of 3 (Moderate). Risk to Service Reliability Levels of Service The reliability LOS refers to the City’s aim to ensure that its assets are kept in a state of good repair to reduce the incidence of unplanned service disruptions due to poor asset condition. Depending on the asset, unplanned failures can have wide-ranging consequences including service disruption, damage to surrounding infrastructure and property, risks to public safety, and environmental impacts. Consequence of failure risks for reliability were rated at a maximum of 5 (Catastrophic) for Arterial and Collector Road span bridges and culverts and 4 (Major) for some other bridges and culverts, road and related assets, and wastewater facilities, as detailed in the next section. Probability of Failure is estimated based on the condition of the asset, as shown in Table 4-2. Table 4-2 Probability of Failure Ratings for Reliability PoF Rating Corresponding Asset Condition 1 VG Very Good 2 G Good 3 F Fair 4 P Poor 5 VP Very Poor Draft DocumentPage 81 of 143 Page 183 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 69 After assessing the criticality and probability of each asset’s risk, the results were plotted on a risk map, a graphic representation of probability and consequence of failure. Colours on the map denote different levels of risk and help to prioritize the City’s resources, time, and effort in the next section of the AM Plan – Lifecycle Management Strategy.  Risks that appear in the light red (Very High) zone are significant to the City and therefore need to be actively managed and monitored in a more comprehensive manner than other risks (i.e., prioritized)  Risks that appear in the orange (High) or green (Moderate) zones will also be actively managed depending on their nature  Risks that appear in the light blue (Low) or grey (Very Low) zones are generally acceptable without significant mitigation strategies being implemented, although monitoring may still occur in some form. 4.2 City-Wide Core Assets Overview Based on those assets with known condition, Figure 25 shows that 0.4% or $7.76 million of the City’s core assets are in the Very High risk exposure category related to provision of reliable services. These assets are comprised of the Beck Road Bridge ($4.36 million), six road segments namely Kalar Road, Kitchener Street, Allendale Avenue, Buchanan Avenue, Fallsview Boulevard, and Reixinger Road ($2.94 million), and road medians ($0.45 million). Details by service are provided in the following sub-sections. The City mitigates its exposure to these risks through the planned lifecycle strategies discussed in the next section of the AM Plan – Lifecycle Management Strategy. Figure 25 Reliability Risk Exposure of the City’s Core Assets 4.3 Details by Service 4.3.1 Roads and Related Assets Consequence of failure risks for were estimated based on the expected impact of an asset failure. Each asset’s criticality is assessed based on the rating scale provided in Table 4- 1. Table 4-3 provides a summary of the assessment for the City’s Roads and Related assets. Draft DocumentPage 82 of 143 Page 184 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 70 Table 4-3 Consequence of Failure Ratings for the City’s Road and Related Assets Service Asset Category Attributes Capacity Function Reliability Roads & Related Roads Paved Urban Arterial 3 3 4 Paved Semi-Urban Arterial 3 2 4 Paved Rural Arterial 2 2 3 Paved Urban Collector 2 2 4 Paved Semi-Urban Collector 2 2 4 Paved Rural Collector 2 2 3 Paved Urban Local 1 2 3 Paved Semi-Urban Local 1 1 3 Paved Rural Local 1 1 2 Unpaved All 1 1 1 Sidewalks Decorative 4 3 2 Asphalt or Non- Decorative Concrete 2 3 2 Medians Centre Median 2 4 Island – Traffic 1 3 Island – Cul de Sac 1 2 Barriers Retaining Wall 3 4 Fence/wall 2 4 All Others 1 3 The risk map shown as Figure 26 combines the Criticality (CoF) ratings with the Condition (PoF) ratings for the City’s Road assets. Figure 27 shows the same information for Roads and Related assets. Six road segments namely Kalar Road, Kitchener Street, Allendale Avenue, Buchanan Avenue, Fallsview Boulevard, and Reixinger Road make up the $2.94 million for Road assets while road medians make up the $0.45 million for Road Related assets. For Road assets, also of note is the $43.12 million High risk exposure (orange) at the intersection of Major CoF and Poor PoF (condition). As the condition of these assets deteriorate over time, they will migrate into the Very High (red) risk exposure category. Figure 26 Reliability Risk Exposure of the City’s Road Assets Draft DocumentPage 83 of 143 Page 185 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 71 Figure 27 Reliability Risk Exposure of the City’s Road and Related Assets Also of note is the $43.12 million of High risk exposure with CoF of 4, Major criticality and PoF of 4, Poor condition. As these roads deteriorate with time, they will move into the Very High risk exposure category, at PoF of 5. 4.3.2 Bridges and Culverts Table 4-3 provides a summary of the Consequence of Failure assessment of Reliability for the City’s Bridges and Culverts. Capacity and function criticality were not assessed. Table 4-4 Consequence of Failure Ratings for the City’s Bridges and Culverts Service Asset Category Attributes Reliability Bridges & Culverts Span Bridges and Culverts (>=3.0m) Arterial or Collector Road 5 Local Road 4 Unopened Road Allowance 2 Municipal Structures (<3.0m) Bridge on Arterial or Collector Road 4 Bridge on Local Road 3 Culvert on Arterial or Collector Road 3 Culvert on Local Road 2 Unopened Road Allowance 1 The risk map shown as Figure 28 combines the Criticality (CoF) ratings with the Condition (PoF) ratings for the City’s Bridges and Culverts. The $4.36 million shown as a Very High risk exposure is the Beck Road Bridge which carries a Collector Road (CoF of 5, Catastrophic criticality) and has a current Bridge Condition Index (BCI) of 49 (PoF of 4, Poor condition). Recall that the confidence in the bridge and culvert condition information is high. Draft DocumentPage 84 of 143 Page 186 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 72 Figure 28 Reliability Risk Exposure of the City’s Bridges and Culverts Also of note is the $17.49 million of High risk exposure with CoF of 5 and PoF of 3, Fair condition. As these bridges and culverts deteriorate with time, they will move into the Very High risk exposure category, at PoF of 4. 4.3.3 Stormwater Management System Table 4-5 provides a summary of the CoF assessment for the City’s Stormwater Management System. Table 4-5 Consequence of Failure Ratings for the City’s Stormwater Management System Service Asset Type Attributes Capacity Function Reliability Stormwater Management Storm Sewers Including inlet / outlet structures 2 3 3 SWM Ponds 3 3 3 Stormwater Appurtenances MHs, CBs, Catchbasin Leads 2 2 The risk map shown as Figure 29 combines the Criticality (CoF) ratings with the Condition (PoF) ratings for the City’s Bridges and Culverts. The $0.19 million shown as a High risk exposure (orange) comprise ten (10) storm main segments with PoF of 5, Very Poor condition. Recall that the confidence in this data is moderate as it is age-based. Figure 29 Reliability Risk Exposure of the City’s Stormwater Management System Draft DocumentPage 85 of 143 Page 187 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 73 4.3.4 Water System Table 4-6 provides a summary of the CoF assessment for the City’s Stormwater Management System. Table 4-6 Consequence of Failure Ratings for the City’s Water System Service Asset Type Attributes Capacity Function Reliability Water Water Mains 2 2 3 Facilities Bulk Water Stations 2 1 3 Water Appurtenances Meters 2 3 Hydrants, Valves, Services, Curb Stops 2 2 Services 1 2 The risk map shown as Figure 30 combines the Criticality (CoF) ratings with the Condition (PoF) ratings for the City’s Water System. The $10.88 million shown as a High risk exposure (orange) consists of over 300 water main segments with PoF of 5, Very Poor condition. Figure 30 Reliability Risk Exposure of the City’s Water System 4.3.5 Wastewater System Table 4-7 provides a summary of the Consequence of Failure assessment for the City’s Stormwater Management System. Table 4-7 Consequence of Failure Ratings for the City’s Wastewater System Service Asset Type Attributes Capacity Function Reliability Wastewater Facilities High Rate Treatment Facility 3 3 4 Storage Tanks 3 3 3 Pumping Station 2 3 Sanitary Sewers Gravity Mains 2 3 3 Draft DocumentPage 86 of 143 Page 188 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 74 Service Asset Type Attributes Capacity Function Reliability Low Pressure Mains 1 2 3 Wastewater Appurtenances Laterals, MHs, Cleanouts 2 2 The risk map shown as Figure 31 combines the Criticality (CoF) ratings with the Condition (PoF) ratings for the City’s Wastewater System. The $23.66 million shown as a High risk exposure consists of 480 sanitary sewer main segments with PoF of 5, Very Poor condition. Figure 31 Reliability Risk Exposure of the City’s Wastewater System Draft DocumentPage 87 of 143 Page 189 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 75 5 Lifecycle Management Strategy 5.1 Introduction The City’s ability to deliver the levels of service outlined in the Asset Management Plan is impacted in large part by:  aging infrastructure and the associated need for operations, maintenance, and renewal investments to sustain it  forecast future population growth and the associated need for additional infrastructure to serve it  changing functional, legislative and sustainability requirements and the associated need for existing assets to be upgraded to continue to be fit for purpose  available funds and the associated need for assets to be provided at lowest cost for both current and future customers. To achieve its objectives, the City builds new infrastructure assets to meet capacity needs, upgrades assets to meet new functional needs and manages existing assets to meet reliability needs – all with limited funds. Asset lifecycle management strategies are planned activities that enable assets to provide the defined levels of service in a sustainable way, while managing risk, at the lowest lifecycle cost. Asset lifecycle management strategies are typically organized into the categories listed in Table 5-1, and are driven by the levels of services defined in Section 3. Table 5-1 Asset Lifecycle Management Categories Lifecycle Management Category Description Examples of Associated Activities Operate Regular activities to provide services inspect, clean, energy usage Maintain Activities to retain asset condition to enable it to provide service for its planned life repair, replace component Renew Activities that return the original service capability of an asset rehabilitate (minor), rehabilitate (major), replace Upgrade Activities to provide a higher level of service capability from an existing asset to achieve better fit for purpose or meet regulatory requirements update system to be more energy efficient, improve environmental sustainability Draft DocumentPage 88 of 143 Page 190 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 76 Lifecycle Management Category Description Examples of Associated Activities Grow Activities to provide a new asset that did not exist previously or an expansion to an existing asset acquire new asset, expand existing asset In addition to the above asset strategies, non-asset solutions are also considered which actions or policies that can lower costs, lower demands, or also extend asset life. Examples of non-asset solutions include better integrated infrastructure planning and land use planning, demand management, insurance, process optimization, and education of the public. The City assesses the costs of potential lifecycle activities to determine the lowest lifecycle cost strategy to manage each asset type while still meeting levels of service. The total cost of ownership is the sum of lifecycle activity costs to sustain each asset type over the asset lifecycle. A conceptual lifecycle cost model is shown in Figure 32. Sufficient investment of the right type and at the right time minimizes the total cost of ownership for each asset and also mitigates other potential risks such as interruption to service delivery or damage to other nearby infrastructure. Operations, maintenance, and renewal activities are timed to reduce the risk of service failure from deterioration in asset condition and are part of the total cost of ownership. Figure 32 Conceptual Lifecycle Cost Model The City uses its understanding of risks of not meeting service levels to inform the timing and level of investments needed in infrastructure assets. The City aims to provide sufficient service capacity to meet demand and manages the upgrade, operations, maintenance, and renewal of assets to meet defined service levels, including legislated and other corporate requirements. This section of the AM Plan outlines the City’s expansion and upgrade strategies to support capacity and functional service levels, and Draft DocumentPage 89 of 143 Page 191 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 77 the City’s operations, maintenance, and renewal activities to support reliability service levels. 5.2 City-Wide Core Assets Overview Figure 33 shows the total operations and maintenance, renewal, growth and upgrade needs forecast for the City over the next 10 years to sustain current levels of service. The sum of the City’s needs forecasts for the planned strategies for managing core assets is estimated at $935 million for the period 2022-2031, for an average of $95.0 million per year. The high cost of lifecycle strategy needs shown in the first year is mainly due to the backlog of assets in Very Poor condition, comprised mostly of wastewater sewers, maintenance holes and laterals, water mains, roads, sidewalks, and bridges and culverts. The annual forecast need includes addressing the existing backlog over the next 10 years and sustaining other assets as they deteriorate over the same time period. As noted above, the confidence in the “condition” data for wastewater maintenance holes and laterals ($10.2 million Very Poor), and sidewalks ($13.1 million Very Poor) is moderate as it is based on a theoretical calculation of life consumed rather than inspected condition as is the case for wastewater sewers, road pavement, and bridges and culverts. Figure 33 Total 10-Year Lifecycle Strategies Needs Forecast, 2022 to 2031 5.3 Details by Lifecycle Management Strategy 5.3.1 Overview of Core Assets Growth and Upgrade Needs As indicated in Section 1.2.4, the City has experienced growth in the past and should continue to grow at a modest rate through to 2031 and beyond. The City anticipates that additional infrastructure will be required over the next 10 years to maintain capacity service levels. Additional infrastructure will be acquired at cost to the City (City- Constructed) and will also be “donated” by developments (Development-Donated). These growth and upgrade needs are kept separate because the City-Constructed growth and upgrade needs will be funded through the Capital Budget while the Development-Donated Draft DocumentPage 90 of 143 Page 192 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 78 growth needs will be funded through Development Charges. The funding is addressed in the next section of the AM Plan, Financial Strategy. City-Constructed Growth and Upgrade Needs The City’s 2019 Development Charges Background Study lists new and expanded assets needed through to 2028. Based on the 2019 Development Charges Background Study and more recent planning studies, City staff developed a program of asset Growth and Upgrade needs over the next 10 years, by service. These needs are shown as the darker coloured, upper portion of the bars in Figure 34, by service. No Bridges & Culverts are identified as City-Constructed growth and upgrade over the next 10 years. Developer-Donated Growth Needs Based on the anticipated population growth, the assets donated by developments (Development-Donated Growth) is assumed to be 1% per year over the next ten (10) years, or $21.2 million per year for each of the next 10 years (calculated as 1% of the current core assets portfolio replacement value of $2.12 billion). To determine the amount of Development-Donated Growth, by service, the $21.2 million per year was assumed to be in the same proportion as the proportions of the current asset portfolio that support each service. These needs are shown as the lighter coloured, lower portion of the bars in Figure 34, by service. Figure 34 10-Year Forecast Growth and Upgrade Needs, by Service The City-Constructed growth and upgrade needs are highest in the first two years and drop off over the 10-year period. To ensure that this forecast accurately reflects the growth and upgrade needs, the City should update current transportation, stormwater, water and wastewater master plans. Draft DocumentPage 91 of 143 Page 193 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 79 5.3.2 Overview of Core Assets Renewal Needs Renewal efforts focus on rehabilitation and replacement activities to enable the City to meet its reliability objectives. The renewal activities included in this AM Plan are forecast to be needed to address the existing backlog of assets in Very Poor condition and sustaining other assets as they deteriorate over the next 10 years. Over time, as the City refines the asset management strategies through tracking of actual condition and actual costs and benefits of the strategies, by service and asset category, the City will improve its understanding of the deterioration rates and the lowest lifecycle cost for each asset type. Rehabilitation activities extend the life of an asset and reduce risk of failure. These activities and associated benefits are deemed more cost effective than allowing the asset to reach its end of life. Examples of rehabilitation activities are milling and repaving of a paved road segment and concrete deck replacement on a bridge, both of which will improve the condition of the asset and extend its life such that the overall lifecycle cost is minimized. At a certain point in an asset’s lifecycle, it is no longer cost-effective to rehabilitate the asset, and replacement is required. The City has identified estimated service lives for each of its assets. These replacement intervals are developed to minimize lifecycle costs while considering service levels and associated risk. The renewal forecasts consider the asset’s current condition or age, the City’s planned rehabilitation and replacement activities, as well as the recommended strategies from specific studies such as the Bridge Needs Study (2021). Asset renewal needs are triggered by condition, age, or other performance measure. If installation date is missing, renewal needs are included as an average annual reinvestment rate (same investment each year) based on asset value and useful life. Asset renewal forecast assumptions, lifecycle management strategies and identified needs specific to each service and asset category are provided in the following section. Detailed asset unit costs and lifecycles, by asset size and material, to support the renewal forecasts are provided in Appendix A – Asset Service Life and Replacement Cost. Figure 35 shows the renewal needs over the next 10 years by service. The average renewal need (solid black line) is estimated at $32.8 million per year for the period 2022- 2031. However, the renewal need in 2022 is $90.8 million. The difference between the 2022 renewal need and the 10-year average is $58.0 million and represents the backlog due to assets currently in need of renewal. The backlog is made up mostly of sanitary mains at $20.9 million, followed by sidewalks at $11.9 million, and water mains at $8.3 million. The annual renewal need includes removal of the backlog over the 10 year period. The sub-sections over the next pages discuss the Backlog of Renewal Needs and Lifecycle Annual Renewal Need (CIRC), shown as the dashed red line. Draft DocumentPage 92 of 143 Page 194 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 80 Figure 35 10-Year Forecast Renewal Needs, by Service Backlog of Renewal Needs Table 5-2 shows the makeup of the City’s renewal backlog expressed in million dollars and percent of the annual renewal need. The table also indicates the criticality, basis of the renewal needs analysis, and the confidence in the determination of the backlog of the asset category. This table informs the following:  Due to availability of inspection data, the City is confident that span bridges, municipal culverts and sanitary sewer mains have significant backlogs and that roads and span culverts do not.  The City should prioritize renewal works on span bridges, municipal structures on major roads, and sanitary sewer mains.  The City should prioritize inspection of assets with higher criticality to understand the condition, including medians, barriers, storm sewers, stormwater management ponds, water facilities, and wastewater facilities Draft DocumentPage 93 of 143 Page 195 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 81 Table 5-2 Makeup of the City’s Renewal Backlog, by Service and Asset Category Service Asset Category Backlog ($) Backlog (%) Criticality * Basis of Analysis Confidence Roads & Related Roads $0.5 3% 3 to 4 Inspected (PCI) High Sidewalks $11.9 591% 2 Age-based Moderate Medians $0.7 547% 2 to 4 Age-based Moderate Barriers $0.0 0% 3 to 4 Annual Amount Low Bridges & Culverts Span Bridges $3.9 230% 4 to 5 Inspected (BCI) High Span Culverts $0.1 18% 4 to 5 Inspected (BCI) High Municipal Structures $1.0 194% 2 to 4 Inspected (BCI) High Stormwater Storm Sewers $0.1 110% 3 Age-based Moderate Management Maintenance Holes $0.0 110% 2 Age-based Moderate Catchbasins $0.0 110% 2 Age-based Moderate Catchbasins Leads $0.0 188% 2 Age-based Moderate SWM Ponds $0.0 0% 3 Annual Amount Low Water Water Mains $8.3 301% 3 Age, # breaks Mod - High Hydrants $0.7 230% 2 Age-based Moderate Valves $1.6 521% 2 Age-based Moderate Meters $0.0 0% 3 Annual Amount Low Services $0.0 0% 2 Annual Amount Low Curb Stops $0.0 0% 2 Annual Amount Low Water Facilities $0.0 0% 3 Annual Amount Low Wastewater Sewers $20.9 773% 3 Inspected (CCTV) High Maintenance Holes $3.3 600% 2 Age-based Moderate Laterals $5.0 354% 2 Age-based Moderate Cleanouts $0.0 900% 2 Age-based Moderate Storage Tanks $0.0 268% 3 Age-based Moderate Facilities-Treatment $0.0 0% 4 Annual Amount Low Facilities-Storage & Pumping $0.0 0% 3 Annual Amount Low TOTAL $58.0 * Criticality ranges from 1 insignificant to 5 catastrophicDraft DocumentPage 94 of 143Page 196 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 82 Lifecycle Annual Renewal Needs (CIRC) As previously stated, the 2016 Canadian Infrastructure Report Card (CIRC) provides an assessment of the health of municipal infrastructure as reported by cities and communities across Canada. The CIRC refers to the Average Annual Renewal Rate (AARR) as the annual reinvestment amount expressed as a percentage of an asset’s replacement value. In the conceptual lifecycle cost model provided in Figure 32, the annual reinvestment amount is the cost of (Refurbish 1 plus Refurbish 2 plus Replace) divided by (Effective Life). Therefore, the Average Annual Renewal Rate = AARR = (Refurbish 1 + Refurbish 2 + Replace) Replace x Effective Life The 2016 CIRC provides target reinvestment rates, by asset type, as provided by experienced asset management practitioners. The rate can vary based on factors such as the age of the infrastructure, the level of service and risk tolerance. Table 5-3 provides the 2016 CIRC target reinvestment rates: upper target, lower target, and average target. Table 5-3 2016 CIRC Target Reinvestment Rates Infrastructure Lower Target Reinvestment Rate Upper Target Reinvestment Rate Average Target Reinvestment Rate Roads and Sidewalks 2.0% 3.0% 2.50% Bridges 1.0% 1.5% 1.25% Stormwater (linear) 1.0% 1.3% 1.15% Stormwater (non-linear) 1.7% 2.0% 1.85% Potable Water (linear) 1.0% 1.5% 1.25% Potable Water (non-linear) 1.7% 2.5% 2.10% Wastewater (linear) 1.0% 1.3% 1.15% Wastewater (non-linear) 1.7% 2.5% 2.10% The AARA shown in Figure 35 above as the dashed red line was determined by applying the average target reinvestment rate from the last column in the above table to the City’s core asset portfolio. This amount enables comparison of the management strategy needs over the entire lifecycle of the assets to the 10-year annual renewal need. As the City’s assets are generally in fair or better condition, the lifecycle annual renewal need is greater than the 10-year annual renewal need. The Lifecycle Annual Renewal Needs inform the following;  The City should plan for increased renewal needs (from the annual renewal need of $32.8 over the next 10 years to the annual renewal need of $40.2 beyond the 10-year forecast) as its assets age and continue to deteriorate. Draft DocumentPage 95 of 143 Page 197 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 83 Impact of Planned Renewal Strategy on LOS and Risk The 10-year planned renewal strategy of an average of $32.8 million per year in expenditures supports the City’s ability to achieve its service levels while balancing risk and minimizing lifecycle costs. If the City does not invest in renewing its infrastructure, there is a significant deterioration in asset condition over time. The Planned Strategy ensures that assets are maintained and renewed in a state of good repair, as shown in Figure 36. The graph of the left shows the impact of a “do nothing” strategy, while the graph of the right shows the impact of the “planned strategy”. Figure 36 Asset Condition Forecast Comparison – Do Nothing versus Planned Strategy Do Nothing (No Capital Renewal) Planned Strategy The planned strategy also has a significant impact on managing risk. If the City does not invest in renewal of its assets, there is a significant risk exposure to asset failure on factors such as health and safety and service delivery. The Planned Strategy mitigates very high risks and results in lower risk exposure compared to an increasing risk profile if the City did not perform any capital renewal activities, as shown in Figure 37. Figure 37 Asset Risk Forecast Comparison – Do Nothing versus Planned Strategy Do Nothing (No Capital Renewal) Planned Strategy Draft DocumentPage 96 of 143 Page 198 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 84 5.3.3 Details of Core Assets Renewal Needs by Service Roads and Related Assets The following table lists the renewal forecast assumptions for roads and related assets. Table 5-4 Renewal Forecast Assumptions for the City’s Roads and Related Assets Asset Category Forecast Assumptions Roads Roads forecast includes curb and gutter, forecasted based on PCI or age if PCI is not available Sidewalks Forecasted based on install year of associated road Medians Forecasted based on install year of associated road Barriers Due to missing installation year data, forecast is an average annual reinvestment rate (same annualized investment each year) based on replacement value and useful life The following table provides the rehabilitation and replacement timing and costs for the renewal needs analysis. Table 5-5 Renewal Strategies for the City’s Roads and Related Assets Asset Category Cost Unit Rehab 1 Description Time (yrs) Unit Cost Rehab 2 Description Time (yrs) Unit Cost Replace (yrs) Unit Cost Roads Unpaved m2 Re-gravel 7 $10 Roads Paved Rural & SU** m2 Overlay 25 $18 Pulverize & Pave 50 $26 75 $110 Roads Paved Urban* Arterial m2 Mill & overlay 25 $36 Resurface 50 $62 75 $205 Roads Paved Urban* Collector m2 Mill & overlay 25 $36 Resurface 50 $62 75 $138 Roads Paved Urban* Local m2 Mill & overlay 25 $36 Resurface 50 $62 75 $141 Sidewalks m 75 $130 Medians m 50 $161 Barriers m * Urban includes curb and gutter, ** Semi-Urban The following figure shows the results of the renewal needs forecast. The graph highlights the backlog of sidewalk needs at $11.9 million as previously discussed (with moderate confidence because it is based on age). Note that the longer term annual renewal amount of $20.1 million is only marginally above the 10-year average of $18.0 million. Draft DocumentPage 97 of 143 Page 199 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 85 Figure 38 10-Year Forecast Renewal Needs for the City’s Roads and Related Assets Bridges and Culverts The renewal strategies for the City’s bridges and culverts were derived from the 2020 OSIM Bridge Condition Inspection and Analysis by Ellis Engineering Inc. The following figure shows the results of the renewal needs forecast for bridges and culverts. The graph highlights the backlog of span bridge and municipal structure needs ($3.9 and $1.0 million respectively) as previously discussed (with high confidence because it is based on inspected condition). Note that the longer term annual renewal amount of $5.9 million is significantly above the 10-year average of $2.6 million, indicating that the City can expect bridge and culvert needs to increase in the future as the bridges and culverts age and deteriorate. Figure 39 10-Year Forecast Renewal Needs for the City’s Bridges and Culverts Draft DocumentPage 98 of 143 Page 200 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 86 Stormwater Management System The following table lists the renewal forecast assumptions for the stormwater management system. Table 5-6 Renewal Forecast Assumptions for the City’s Stormwater Management Assets Asset Category Forecast Assumptions Stormwater Sewers and Catchbasin Leads Forecasted based on age Stormwater Management Ponds Construction year is missing for a portion of ponds, and bathymetric surveys will be completed in the future to improve planning for sediment removal. Forecast is an average annual reinvestment rate (same annualized investment each year) based on an average dredging cost and frequency ($1.0 million per pond every 25 years) Maintenance Hole and Catchbasins Due to missing installation year data, aligned forecast of maintenance holes and catchbasins with stormwater sewers The following table provides the renewal strategies used as input to the renewal needs analysis for the stormwater management system. The renewal strategy is a simple replace at end of life. See Appendix a for unit cost details. Table 5-7 Renewal Strategies for the City’s Stormwater Management System Asset Category Cost Unit Time (years) Unit Cost (2022$) Storm Sewers m 75 / 80 varies SWM Ponds ea 25 $1,000,000 Maintenance Holes ea 80 Varies Catchbasins ea 80 Single: $2401 Double: $3646 Catchbasins Leads m 80 varies The following figure shows very little stormwater system renewal need over the 10-year forecast period because the forecast is age-based, the assets have a long lives, and are in the early stages of their lives. The longer term annual renewal amount of $4.3 million is significantly above the 10-year average of $1.1 million, indicating increased future needs. As condition information on the storm sewers and ponds becomes available, the 10-year forecast will be updated and the City will be more confident in the forecast. A significantly higher 10-year annual renewal need is expected. Draft DocumentPage 99 of 143 Page 201 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 87 Figure 40 10-Year Forecast Renewal Needs for the City’s Stormwater Management System Water System The following table lists the renewal forecast assumptions for the water system. Table 5-8 Renewal Forecast Assumptions for the City’s Water System Asset Category Forecast Assumptions Watermains Forecasted based on last observed condition (break history data) or age if condition not available Hydrants & Valves Forecasted based on age Meters, Services, and Curb Stops Due to missing installation year data, forecast is an average annual reinvestment rate (same annualized investment each year) based on replacement value and useful life. Water Facilities As the facilities are only tracked at the overall facility level, forecast is an average annual reinvestment rate (same annualized investment each year) based on replacement value and useful life The following table provides the renewal strategies used as input to the renewal needs analysis for the water system. Table 5-9 Renewal Strategies for the City’s Water System Asset Category Cost Unit Time (years) Unit Cost (2022$) Watermains – 150 mm m 75 varies Facilities ea 25 $150,000 Hydrants ea 75 $9,467 Valves ea 60 varies Meters ea 15 varies Services ea 70 Varies Draft DocumentPage 100 of 143 Page 202 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 88 Asset Category Cost Unit Time (years) Unit Cost (2022$) Curb Stops ea 70 <=25mm $500, >25mm $700 The following figure shows the results of the renewal needs forecast for the water system. The graph highlights the backlog of water main, hydrant and valve needs previously discussed (with high to moderate confidence because the water main is based on age and break history and has the highest replacement value). Note that the longer term annual renewal amount of $6.7 million is only marginally above the 10-year average of $6.0 million. Figure 41 10-Year Forecast Renewal Needs for the City’s W ater System Wastewater System The following table lists the renewal forecast assumptions for the wastewater system. Table 5-10 Renewal Forecast Assumptions for the City’s Wastewater System Asset Category Forecast Assumptions Wastewater Sewers Forecasted based on CCTV score or age (if CCTV not available) Wastewater Facilities As the facilities are only tracked at the overall facility level, forecast is an average annual reinvestment rate (same annualized investment each year) based on Replacement value and useful life. Wastewater Maintenance Holes, Forecasted based on age Draft DocumentPage 101 of 143 Page 203 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 89 Asset Category Forecast Assumptions Laterals, Cleanouts, Storage Tanks The following table provides the renewal strategies used as input to the renewal needs analysis. Table 5-11 Renewal Strategies for the City’s Wastewater System Asset Category Cost Unit Time (years) Unit Cost (2022$) Sanitary Sewer Mains m 75 / 80 varies Facilities-Treatment ea 50 $14.8M Facilities-Storage & Pumping 1 80 $2.1M Maintenance Holes ea 80 $10,764 Laterals m 75 / 80 varies Cleanouts ea 80 $885 Storage Tanks m 80 $1,291/m The following figure shows the results of the renewal needs forecast for the wastewater system. The graph highlights the significant backlog of sewer main needs (with high confidence as based on CCTV inspection) and laterals and cleanouts (with moderate confidence). Note that the longer term annual renewal amount of $5.5 million is only marginally above the 10-year average of $5.0 million. Renewal works should be planned with works to eliminate combined sewers. Figure 42 10-Year Forecast Renewal Needs for the City’s W astewater System Draft DocumentPage 102 of 143 Page 204 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 90 5.3.4 City-Wide Core Assets Operations and Maintenance Needs Operations and Maintenance Needs for Current LOS Along with timely renewal of assets, operations and maintenance (O&M) work directly enables the City to meet state of good repair service levels (percentage of assets in fair or better condition) to support the reliable service delivery objective. The distinction between renewals (capital programs) and operations and maintenance (operating expenses) is defined by the City’s accounting policies and standard operating procedures. Generally, operations and maintenance activities ensure the asset continues to deliver defined levels of service, while renewal activities discussed in the preceding section extend the useful life of the asset. Renewals, operations, and maintenance are strongly linked; operations and maintenance strategies can accelerate or delay the need for renewals, and if renewals are deferred, operations and maintenance needs will often increase to ensure that assets are kept in a state of good repair. The forecast of needed operations and maintenance activities is derived from a review of current activities and identification of additional activities to reliably deliver current services. Table 5-12 summarizes the needed operations and maintenance activities and frequencies, by service, and indicates whether the City is currently undertaking the activity and, if not, provides the estimated cost of the additional need. The cost estimates of additional O&M were developed based on input from staff. These cost estimates do not include costs due to growth or upgrade of assets. These costs are developed and discussed in the sub-section that follows Table 5-12. The Minimum Maintenance Standards (MMS) for Municipal Highways, Ontario Regulation 239/02 (https://www.ontario.ca/laws/regulation/020239), were developed to provide municipalities with a defence against liability from actions arising from levels of care on roads and bridges. The Act sets out minimum standards for road and highway maintenance, including bridges, for all municipalities. MMS regulations pertain to various elements of road repair and maintenance, such as the frequency of road inspections, weather monitoring, ice formation on roadways, snow accumulation, and sidewalk trip ledges. Also, under the MMS, roads and highways throughout the province are classified based on their average annual daily traffic and posted speed limits, and based on the classification of a particular road/highway, there are required minimum levels of inspection and repair. The Act came into force on November 1, 2002 and contains the minimum maintenance standards to which municipalities must abide. For several asset categories (e.g. storm sewers, stormwater management ponds and sanitary sewers), the City has conducted or is conducting inspection and assessment work which has been funded through the capital budget because of the significant cost. These inspections will continue to be undertaken over time to provide confidence in the needs forecasts, but with less intensity. These less intense inspections are now shown to be operations and maintenance activities with associated costs. Draft DocumentPage 103 of 143 Page 205 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 91 The City currently undertakes bridge repairs recommended through bridge and culvert inspections as part of capital renewal activities. These maintenance costs should be built into future annual maintenance needs (but are not included in the following table). Draft DocumentPage 104 of 143 Page 206 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 92 Table 5-12 Operations and Maintenance Needs Activities and Additional Costs (2022$, thousands) Asset Class Operations Activities Current Activity? Add’l Annual Need ($000) Maintenance Activities Current Activity? Add’l Annual Need ($000) Roads & Related $0 $350 Paved Roads - Urban Patrol & inspect per MMS, control winter conditions, sweep (once in spring; weekly for tourist core & cycle lanes) Y Repair potholes ($440k), trench repair, seal cracks ($75K), repair winter damage Y, but insufficient $100 Paved Roads - Rural & Semi Urban Patrol & inspect per MMS, control winter conditions, sweep Y Repair potholes, seal cracks, re-ditch, re-shoulder ($50k-$$), clear mowing/vegetation (4x), culvert repair (growth) Y, but insufficient $50 Unpaved Roads Patrol & inspect per MMS, control winter conditions, control dust Y Regrade road, repair winter damage, re-ditch (react to flooding), re- shoulder ($$), clear vegetation (4x/yr) Y, but insufficient $50 Sidewalks Inspect, control winter conditions (mainlines) 1/3 per year Y Repair concrete panels; seal asphalt paths, decorative (tourist core) – brick repointing in spring, concrete tree grates, bus stops, slab jack, grind ($$) Y, but insufficient $50 Medians Patrol & inspect per MMS Y Repair, cut grass, repair irrigation Y Barriers Patrol & inspect per MMS Y Repair from hits ($$), control veg, upgrades ($$), Acct 312 or 315 Y, but insufficient $100 Bridges $0 $0 Span Bridges Inspect every 2 years per OSIM. Patrol & inspect per MMS, control winter conditions, flush and clean (once in spring) Y Repair based on OSIM and patrol inspections N * Span Culverts As above Y Repair based on OSIM and patrol inspections N * Municipal Structures Inspect every 2 years Y Repair based on OSIM and patrol inspections N * Stormwater $220 $0 Storm Sewers Flush, clean, CCTV inspect (freq based on risk) capital for first time Y ** $200 ** Spot repair based on CCTV condition Y SWM Ponds Bathometric survey & inspect (every 5 yrs); Test, exercise, inspect, clean I/O, weir, grate (annually) Y ** $20 ** Spot repair based on condition (sediment removal is capital) Y Storm Appurtenances MHs: Clean, CCTV inspect (freq based on risk); CBs: Wash, clean, CCTV inspect (1500 annually, every 6 yrs); Roads: sweep Y Spot repair based on CCTV condition Y Water $0 $0 Water Mains Track break history Y Spot repair Y Water Facilities Inspect (weekly per MECP mandate), backflow testing (annual) Y Spot repair Y Water Appurtenances Test, exercise, inspect: valves every 5 yrs, hydrants annually, curb stops every 7 yrs Y Spot repair based on condition (5-pt cdn for curb stops) Y Wastewater $250 $0 Sewer Mains Flush (every 6 yrs), clean, CCTV inspect (frequency based on risk) Y ** $250 ** Spot repair based on CCTV condition Y Wastewater Facilities Region operates Y Region maintains Y Wastewater Appurtenances Clean, CCTV inspect (every 10 yrs) Y Repair based on CCTV condition Y * Bridge repairs currently being done through capital works as recommended in the Bridge Needs Study ** shift survey from capital to operating Draft DocumentPage 105 of 143Page 207 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 93 Operations and Maintenance Needs to Accommodate Future Growth and Upgrade Additional operations and maintenance costs due to the growth or upgrade of assets are considered in this sub-section based on forecast new, expansion or upgraded assets. The following graph shows the forecast operations and maintenance needs for 2022 based on additional activities and assumed 2022 growth and upgrade. Upon completion of the stormwater CCTV inspections, additional routine stormwater activities may be identified. Upon transfer of the bridge and culvert repair work to operating, additional bridge and culvert activities may be added. Figure 43 Operations and Maintenance Needs for the City’s Core Assets, by Service Figure 44 shows the total forecast operations and maintenance needs for the City’s core assets, including additional activities and growth and upgrade of the asset portfolio. Figure 44 10-Year Forecast O&M Needs for the City’s Core Assets, including Growth & Upgrade Draft DocumentPage 106 of 143 Page 208 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 94 6 Financial Strategy 6.1 Introduction The financial strategy is informed by the preceding sections of the AM Plan: the state or condition of the assets, the proposed levels of service, the risks to service delivery, and the lifecycle activities needed to reduce the risks to service delivery to acceptable levels. The financial strategy considers how the City will fund the planned asset management actions to meet the current service levels. A global leader in asset management, the Local Government Association of Australia defines financial sustainability within the municipal government context as “… a government’s ability to manage its finances so it can meet its spending commitments, both now and in the future. It ensures future generations of taxpayers do not face an unmanageable bill for government services provided to the current generation”. A municipality is in a financially sustainable position if it:  Provides a level of service commensurate with willingness and ability to pay  Can adjust service levels in response to changes in economic conditions or transfer payments from other levels of government  Can adjust its implementation plans in response to changes in the rate of growth  Has sufficient reserves and/or debt capacity to replace infrastructure when it needs to be replaced to keep its infrastructure in a state of good repair. The key challenges to financial sustainability are:  A discrepancy between level of service decisions and fiscal capacity  The future cost of infrastructure investments  Unforeseen impacts to revenue. Per O.Reg. 588/17, this section of the AM Plan identifies the annual funding projected to be available to undertake the planned lifecycle activities and discusses strategies to address potential funding shortfalls. 6.2 City-Wide Core Assets Overview 6.2.1 Available Funding Amounts and Sources Through the City’s annual budget process, capital project and operating activity expenditure information is gathered from services areas / asset managers, including investment needs, trends and priorities to enable preparation of the capital and annual operating plans. The City currently approves one-year capital and operating plans and budgets. Note that O.Reg. 588/17 requires that AM Plans for proposed LOS (due by July Draft DocumentPage 107 of 143 Page 209 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 95 1, 2025) provide lifecycle management and financial strategies and annual funding projected to be available for each of the next 10 years. The City’s main sources of revenue include property tax, debt, federal gas tax, third party grants, casino revenue, development charges, and user fees and charges. These funding sources are further outlined in the following table. There are restrictions on the use of funds from various sources (e.g. development charges, user fees). Table 6-1 Key Sources of Funding and Financing Funding Source Description Property Tax Residential and commercial property owners pay an annual tax to the City Debt Long term borrowing, to be paid for by future taxpayers Federal Gas Tax Long-term grant agreement with the Association of Municipalities of Ontario that provides Federal gas tax revenues to municipalities for revitalization of infrastructure Grants Project specific grants / subsidies OLG Ontario Lottery and Gaming Corporation shares revenue with the municipalities that host our casinos (typically $10 million/year, but $0 million in 2021) OCIF Ontario Community Infrastructure Fund for small, rural and northern communities to develop and renew their infrastructure (typically $3 million / year, but $6.5 million in 2022) User Fees Funds collected for the use of City services or infrastructure (e.g., water/wastewater fees) In addition to the above sources, capital reserves are established as a source of pay-as- you-go funding for the City’s capital program. Funding for these reserves is obtained through annual transfers from the operating budget. These annual reserve contributions sustain reserve balances at appropriate levels to address infrastructure replacement costs in the future and inherent uncertainties in capital funding needs. Reserve contributions are evaluated annually to ensure adequate funds are raised to meet future capital requirements and to smooth out the impact on the annual operating budget. The City minimizes impacts on residents through maximizing revenue sources such as grants. Transportation assets (roads and related assets, bridges and culverts) and the stormwater management system are generally funded through property and other taxes, while the water and wastewater systems are funded through user fees (i.e. rates). The following table summarizes the historical 5-year expenditures (escalated to 2022$ and averaged) and the 2022 available funding, by funding source, by service, by lifecycle strategy. Draft DocumentPage 108 of 143 Page 210 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 96 Table 6-2 5-Year Historic and Current Available Funding for the City’s Core Assets, 2022$, millions Funding Source  Property & Other Taxes User Fees (Rates) Service  Transportation + Stormwater Water + Wastewater Lifecycle Strategy 5-yr Annual Expenditure History (average)* 2022 Approved Annual Funding 5-yr Annual Expenditure History (average)* 2022 Approved Annual Funding Growth & Upgrade $5.3 $4.7 $5.4 $8.7 Renewal $13.6 $15.5 $6.8 $9.5 Operations $5.5 $5.8 $16.6 $15.2 Maintenance $6.3 $6.1 $22.4 $21.8 TOTALS $30.6 $32.1 $51.3 $55.2 * escalated to 2022$ The next section compares the expenditure history and budget forecasts against the forecast needs for the planned lifecycle activities to determine if there is a funding gap or surplus. Draft DocumentPage 109 of 143 Page 211 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 97 6.3 Details by Lifecycle Management Strategy 6.3.1 Financial Sustainability for Growth and Upgrade For all services, the 2022 approved annual growth and upgrade budget is greater than the 10-year average annual forecast growth and upgrade needs, showing an annual surplus. As discussed in the previous section of the AM Plan, the confidence in the City- Constructed 10-year forecast growth and upgrade needs over the latter part of the forecast period is moderate. As the City updates its master plans over the next several years, the confidence in the growth and upgrade forecasts will improve and so will the financial sustainability assessment. 6.3.2 Financial Sustainability for Operations and Maintenance For each service, Figure 45 provides the 2022 available funding or budget (top amount) and the 2022 forecast need (bottom amount) for operations and maintenance. The 2022 forecast need includes additional activities required to meet current LOS plus an increase to operate and maintain the forecast growth and upgrade of the asset portfolio. The forecast 2022 funding gap for transportation and stormwater management assets is $0.5 million and, for water and water systems, $1.5 million. Figure 45 2022 O&M Funding Gap, by Service 6.3.3 Financial Sustainability for Renewal The largest funding gap was found for roads, bridges and culverts, and stormwater assets. For these assets, Figure ES-4 shows historic spending (dashed black line at $13.6 million), and compares the 2022 budget (yellow line at $15.5 million) to the 10-year average annual need forecast (solid black line at $21.7 million) to show, in red text, an annual funding gap for each of the next ten years of $6.3 million (a total of $63 million over the 10-year period). If annual available funding were to remain at $15.5 million over the Draft DocumentPage 110 of 143 Page 212 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 98 10-year period, at the end of the 10 years, the current $40 million backlog would grow by $63 million to over $100 million. However, recall that the backlog of renewal needs shown in 2022 includes $11.9 million in sidewalks for which the confidence is moderate because the forecast is age-based. The backlog also includes $4.9 million in span bridges and municipal structures for which the confidence is high because the forecast is based on an industry standard inspection. Conducting sidewalk condition inspections will provide the confidence that the $11.9 million sidewalk backlog truly exists or not. Without the sidewalk backlog, the 10-year average annual forecast renewal needs drop to $20.4 million for an annual funding gap of $4.9 million. Condition inspections and assessments of stormwater management system assets will also inform the backlog and amount of the funding gap. The lifecycle annual renewal need estimate of $30.4 million based on the CIRC average annual renewal rate indicates that the 10-year average annual forecast needs of $21.9 million is lower than renewal needs beyond the 10-year forecast period. Figure 46 Transportation and Stormwater Annual Renewal Funding Gap Water and wastewater assets are much closer to being fully funded. Figure 47 shows the 2022 approved annual budget (yellow line) as $9.5 million, the 10-year average annual forecast needs (solid black line) as $11.0 million, and the annual funding gap as $1.5 million. The significant backlog is comprised primarily of $8.3 million in water mains and $20.9 million in sanitary storm sewers for which confidence in the forecast is high as the renewal forecast is based on inspected condition. However, all other water and wastewater system asset forecasts are based on age or an annual renewal amount. Draft DocumentPage 111 of 143 Page 213 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 99 Figure 47 Water and Wastewater Annual Renewal Funding Gap Impact of Planned Renewal Strategy on LOS (by Service) Figure 48 Asset Condition Forecast Overall and by Service, shows the benefit of the planned strategy over the do nothing strategy by service. Based on currently available data, the stormwater portfolio does not require much renewal in the next 10 years, and the assets naturally deteriorate. However, the renewal requirements may be higher once storm sewer CCTV inspections are performed to better understand the current condition of those assets. Pond condition will also be forecasted after completion of bathymetric surveys. Draft DocumentPage 112 of 143 Page 214 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 100 Figure 48 Asset Condition Forecast Overall and by Service OVERALL For the overall City portfolio, the percenage of assets in fair or better condition is maintained at approxmiately 80% Transportation For Transportation assets, the percentage of fair or better assets improves from 83% to 89% in 2031. Stormwater* For Stormwater assets, the percentage of fair or better assets decreases from 95% to 84% in 2031. Water & Wastewater* For Water and Wastewater assets, the percentage of fair or better assets is maintained between 75% and 80% over the forecast period. *Does not include assets with unknown condition or forecasted with an average annual reinvestment rate such as stormwater ponds, water and wastewater facilities Draft DocumentPage 113 of 143 Page 215 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 101 6.3.4 Strategies to Close Funding Gaps The transportation and stormwater management funding gaps may be closed by one or more of the following strategies:  Reduce near term renewal needs by deferring capital renewal projects on lower risk assets, thereby lengthening the period in which the backlog is addressed beyond the 10 years, but likely increasing maintenance costs.  Increase available funds through property tax increases, leveraging third party grants, or drawing on reserves  Change the funding source for stormwater management from property taxes to a dedicated and stable stormwater user fee to recover the full cost of stormwater management. The water and wastewater services funding gaps may be closed by one or more of the following strategies:  Reduce near term renewal needs as described above  Increase available funds through increased water and wastewater fees (rates) and leveraging third party grants. Draft DocumentPage 114 of 143 Page 216 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 102 7 AM Plan O.Reg. Compliance & Improvement Opportunities 7.1 Introduction Development of AM Plans is an iterative process that includes improving processes, data, processes, and staff skills over time. This section provides an overview of the compliance of this AM Plan with Ontario Regulation 588/17 for current levels of service (year 2022 requirements) and identifies opportunities for improvements to the City’s asset management practices, including those required to meet Ontario Regulation 588/17 for proposed levels of service prior to July 1, 2025. 7.2 Details by AM Plan Section 7.2.1 State of Local Infrastructure O.Reg. 588/17 Compliance (Current LOS) For each asset category, the AM Plan provides a summary of the assets, the replacement cost of the assets, the average age of the assets, the condition of the assets, and the approach to assessing condition of assets. Improvement Opportunities Continue to improve knowledge of asset replacement costs and current condition of the assets. Target efforts on highest criticality and high replacement value assets. This is an important first step as understanding of physical condition will improve confidence in future reporting of asset performance, risk assessments, and lifecycle management needs forecasts. Specific improvements include the following:  Complete bathymetric surveys for stormwater management ponds  Undertake sidewalk, median and barrier condition assessments based on a standardized rating scale  Continue the sanitary sewer CCTV inspection program and implement for storm sewers  Continue inspections during watermain breaks and document condition with a standardized rating scale  Undertake inspections of water, wastewater and stormwater facilities and appurtenances based on a standardized rating scale use (building condition assessment (BCA) Uniformat elements for facilities, NASSCO P/L/MACP for pipelines, laterals and maintenance holes)  Improve installation year data for critical assets and infrastructure that cannot be tied to the forecast of other assets Draft DocumentPage 115 of 143 Page 217 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 103  Continue to improve minor data gap improvements such as missing asset sizes to reduce need for assumptions. 7.2.2 Levels of Service O.Reg. 588/17 Compliance (Current LOS) For each asset category, the AM Plan provides the current LOS being provided. For core assets, the AM Plan provides the qualitative community descriptions and technical metrics as required by O.Reg. 588/17, the current performance and a draft proposed (i.e. target) performance. Improvement Opportunities Continue to review levels of service metrics that support lifecycle asset planning activities for specific asset types. Adjust or develop new measures as required. Specific improvements include the following:  % annual planned MMS inspections completed  % preventive maintenance work orders completed on time  % 10-year available funding to needs for each service or asset category and each service attribute (growth, function, and reliability). 7.2.3 Asset Management Strategy O.Reg. 588/17 Compliance (Current LOS) The AM Plan provides the population and employment forecasts as set out in Schedule 3 to the 2017 Growth Plan. For each asset category, the AM Plan provides the lifecycle activities that would need to be undertaken to maintain the current LOS for each of the next 10 years, based on risk and lowest lifecycle cost analyses. Improvement Opportunities Continue to optimize the lifecycle activities by searching out and testing various operations, maintenance and renewal activity and timing options, and then evaluating the benefits against the costs of each option over time to determine the lowest cost option for the required benefits. Specific improvements include the following:  Update master plans to improve growth forecasts and potentially lower levels of service to reduce costs  Monitor build-out of developments and continue to adjust expansion activities in master plans to suit Draft DocumentPage 116 of 143 Page 218 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 104  Review severe weather risks and the City’s climate change responses, particularly for stormwater management  Separately budget and track operating (maintenance and operations) and capital (growth, upgrade and renewal) costs by asset category (e.g. portion of project cost to road, sidewalks, stormwater management, water, wastewater), including staff time. 7.2.4 Financial Strategy O.Reg. 588/17 Compliance (Current LOS) The AM Plan provides the estimated 10-year capital expenditures and significant operating costs required to maintain the current levels of service to accommodate projected increases in demand caused by growth as set out in Schedule 3 to the 2017 Growth Plan. For each asset category, the AM Plan provides the costs of providing the lifecycle activities that would need to be undertaken to maintain the current LOS for each of the next 10 years. Improvement Opportunities Continue to maximize funding sources such as grants to mitigate funding shortfalls and to use risk-based prioritization to address the most critical needs in years with limited funds. Specific improvements include the following:  Prepare 10-year operating and capital plans and budgets as required by O.Reg. 588/17 for AM Plans for proposed LOS (due by July 1, 2025)  Update rate studies for water and wastewater to achieve full cost recovery, as required  Investigate changing the funding source for stormwater management from property taxes to a dedicated and stable stormwater user fee to recover the full cost of stormwater management  Increase operations and maintenance activity budgets as required to accommodate the growing asset portfolio. 7.3 AM Plan Monitoring and Review The AM Plan will be updated every five years to ensure it reports an updated snapshot of the City’s asset portfolio and its associated value, age, and condition. It will ensure that the City has an updated 10-year outlook including service levels, costs of the associated lifecycle strategies and as assessment of any funding shortfalls. Per O.Reg. 588/17, the City will conduct an annual review of its asset management progress in implementing this AM Plan and will discuss strategies to address any factors impeding its implementation. Draft DocumentPage 117 of 143 Page 219 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 105 Appendix A – Asset Service Life and Replacement Cost This appendix provides life and cost information used to develop the state of infrastructure section of the AM Plan. Roads and Related, Bridges and Culverts Table A-1 Estimated Useful Life for Roads and Related Asset Category Modelled As Useful life Paved Urban Arterial Roads w/C&G Paved Urban Road 75 Paved Urban Collector Roads w/C&G Paved Urban Road 75 Paved Urban Local Roads w/C&G Paved Urban Road 75 Paved Semi Urban Arterial Roads Paved Semi Urban Road & Rural Road 45 Paved Semi Urban Collector Roads Paved Semi Urban Road & Rural Road 45 Paved Semi Urban Local Roads Paved Semi Urban Road & Rural Road 45 Paved Rural Arterial Roads Paved Semi Urban Road & Rural Road 45 Paved Rural Collector Roads Paved Semi Urban Road & Rural Road 45 Paved Rural Local Roads Paved Semi Urban Road & Rural Road 45 Unpaved Roads Unpaved 7 Sidewalks Sidewalks 75 Medians Medians 50 Barriers Barriers 50 Table A-2 Replacement Costs for Roads and Related Asset Category Replacement Costs Paved Urban Arterial Roads w/C&G $205 / m2 Paved Urban Collector Roads w/C&G $138 / m2 Paved Urban Local Roads w/C&G $141 / m2 Paved Semi Urban Arterial Roads $110 / m2 Paved Semi Urban Collector Roads $110 / m2 Paved Semi Urban Local Roads $110 / m2 Paved Rural Arterial Roads $110 / m2 Paved Rural Collector Roads $110 / m2 Draft DocumentPage 118 of 143 Page 220 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 106 Asset Category Replacement Costs Paved Rural Local Roads $110 / m2 Unpaved Roads $36 / m2 Sidewalks $121 / m2 Medians $161 / m Barriers $8.66 / m Table A-3 Estimated Useful Life for Bridges and Culverts Asset Category Useful life Span Bridges 75 Span Culverts 75 Municipal Structures 75 Stormwater Management System Table A-4 Estimated Useful Life for Storm Sewers Storm Sewer Material Modelled As Useful life Asbestos Cement Concrete 80 Brick Unknown/Other 75 Clay Unknown/Other 75 Concrete Concrete 80 Corrugated Steel Pipe Steel 75 High Density Polyethylene Plastic 75 Polyethylene Plastic 75 Polyvinyl Chloride Plastic 75 Reinforced Concrete Concrete 80 Unknown Unknown/Other 75 Vitrified Clay Unknown/Other 75 Corrugated Polyvinyl Chloride Plastic 75 Steel Steel 75 Corrugated Metal Pipe Steel 75 Stainless Steel Steel 75 Polypropylene Steel 75 Table A-5 Replacement Costs for Storm Sewers Size Concrete Plastic Steel Unknown/Other 100 $439 $439 $439 150 $439 $439 $439 200 $439 $439 $439 $439 225 $439 $439 $439 $439 250 $439 $439 $439 $439 275 $439 $439 $439 $439 280 $439 $439 $439 $439 Draft DocumentPage 119 of 143 Page 221 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 107 Size Concrete Plastic Steel Unknown/Other 300 $439 $439 $439 $439 350 $439 $439 $439 $439 375 $439 $439 $439 $439 400 $414 $414 $414 $414 450 $414 $414 $414 $414 500 $604 $604 $604 $604 525 $604 $604 $604 $604 530 $604 $604 $604 $604 550 $604 $604 $604 $604 600 $690 $690 $690 $690 650 $776 $776 $776 $776 675 $776 $776 $776 $776 700 $776 $776 $776 $776 750 $948 $984 $948 $948 800 $1,119 $1,119 $1,119 $1,119 825 $1,119 $1,119 $1,119 $1,119 900 $1,291 $1,291 $1,291 $1,291 975 $1,605 $1,605 $1,605 $1,605 1050 $1,605 $1,119 $1,605 $1,605 1200 $1,605 $1,605 $1,605 1300 $1,605 $1,605 $1,605 1350 $1,605 $1,605 $1,605 1375 $1,605 $1,605 $1,605 1400 $1,605 $1,605 $1,605 1500 $1,605 $1,605 $1,605 1525 $1,605 $1,605 $1,605 1650 $1,605 $1,605 $1,605 1800 $1,605 $1,605 $1,605 1825 $1,605 $1,605 $1,605 1950 $1,605 $1,605 $1,605 2100 $1,605 $1,605 $1,605 2400 $1,605 $1,605 $1,605 Table A-6 Estimated Useful Life for Catchbasin Leads Catchbasin Lead Material Modelled As Useful life Asbestos Cement Concrete 80 Brick Unknown/Other 80 Clay Unknown/Other 80 Concrete Concrete 80 Corrugated Steel Pipe Steel 80 High Density Polyethylene Plastic 80 Polyethylene Plastic 80 Draft DocumentPage 120 of 143 Page 222 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 108 Catchbasin Lead Material Modelled As Useful life Polyvinyl Chloride Plastic 80 Reinforced Concrete Concrete 80 Unknown Unknown/Other 80 Vitrified Clay Unknown/Other 80 Draft DocumentPage 121 of 143 Page 223 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 109 Table A-7 Replacement Costs for Catchbasin Leads Size Concrete Plastic Steel Unknown/Other 25 $316 $316 $316 $316 38 $316 $316 $316 $316 50 $316 $316 $316 $316 100 $316 $316 $316 $316 150 $420 $420 $420 $420 200 $650 $650 $650 $650 225 $650 $650 $650 $650 250 $650 $650 $650 $650 280 $650 $650 $650 $650 300 $650 $650 $650 $650 350 $650 $650 $650 $650 375 $650 $650 $650 $650 400 $650 $650 $400 $400 Unknown $316 $316 $316 $316 Table A-8 Estimated Useful Life for SWM Ponds Asset Category Useful Life SWM Pond 50 Table A-9 Replacement Costs for SWM Ponds Asset Category Replacement Cost SWM Pond $169 / m3 Draft DocumentPage 122 of 143 Page 224 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 110 Water System Table A-10 Estimated Useful Life for Water Mains Water Main Material Modelled As Useful life Asbestos Cement Concrete 75 Cast Iron Metal 75 Concrete Pressure Pipe Concrete 75 Copper Metal 75 Ductile Iron Metal 75 Ductile Iron Cement Lined Concrete 75 High Density Polyethylene Plastic 75 Polyethylene Plastic 75 Polyvinyl Chloride Plastic 75 Steel Metal 75 Unknown Unknown 75 Table A-11 Replacement Costs for Water Mains Size Concrete Plastic Metal Unknown 25 $257 $214 $214 $214 38 $257 $214 $214 $214 50 $257 $214 $214 $214 100 $408 $340 $340 $340 150 $456 $380 $380 $380 200 $780 $650 $650 $650 250 $1,105 $921 $921 $921 300 $1,429 $1,191 $1,191 $1,191 350 $1,754 $1,462 $1,462 $1,462 400 $2,078 $1,732 $1,732 $1,732 450 $2,405 $2,004 $2,004 $2,004 500 $2,729 $2,274 $2,274 $2,274 Table A-12 Estimated Useful Life for Water Appurtenances Asset Category Useful life Hydrants 75 Valves 60 Meters 20 Services 75 Curb Stops 75 Draft DocumentPage 123 of 143 Page 225 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 111 Table A-13 Replacement Costs for Water Appurtenances Asset Category Replacement Costs Valves See table below Hydrants $9,467 Meters $525 Services $296 Curb Stops $501 Table A-14 Replacement Costs for Water Valves Size Box Chamber Unknown 25 $813 $813 $813 38 $813 $813 $813 50 $813 $813 $813 100 $1,909 $1,909 $1,909 150 $2,190 $2,212 $2,190 200 $5,273 $5,273 $5,273 250 $6,170 $5,722 $6,170 300 $6,920 $6,350 $6,920 350 $6,920 $6,350 $6,920 400 $6,920 500 $6,920 Draft DocumentPage 124 of 143 Page 226 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 112 Wastewater System Table A-15 Estimated Useful Life for Sewer Mains Sewer Main Material Modelled As Useful life Asbestos Cement Concrete 80 Brick Unknown/Other 75 Clay Unknown/Other 75 Concrete Concrete 80 Corrugated Steel Pipe Steel 75 High Density Polyethylene Plastic 75 Polyethylene Plastic 75 Polyvinyl Chloride Plastic 75 Reinforced Concrete Concrete 80 Unknown Unknown/Other 75 Vitrified Clay Unknown/Other 75 Corrugated Polyvinyl Chloride Plastic 75 Steel Steel 75 Corrugated Metal Pipe Steel 75 Stainless Steel Steel 75 Polypropylene Steel 75 Table A-16 Replacement Costs for Sewer Mains Size Concrete Plastic Steel Unknown/Other 25 $439 $401 $401 $401 38 $439 $401 $401 $401 50 $439 $401 $401 $401 100 $439 $401 $401 $401 150 $439 $401 $401 $401 200 $439 $401 $401 $401 225 $439 $468 $468 $468 250 $439 $468 $468 $468 280 $439 $634 $634 $634 300 $439 $634 $634 $634 350 $439 $634 $634 $634 375 $439 $650 $650 $650 400 $414 $1,285 $650 $650 450 $414 $1,285 $650 $650 500 $604 $1,285 $650 $650 525 $604 $1,285 $650 $650 600 $690 $1,285 $690 $690 675 $776 $1,285 $776 $776 750 $948 $1,285 $948 $948 825 $1,119 $1,285 $1,119 $1,119 900 $1,291 $1,285 $1,291 $1,291 Draft DocumentPage 125 of 143 Page 227 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 113 Size Concrete Plastic Steel Unknown/Other 1050 $1,605 $1,285 $1,605 $1,605 1200 $1,605 $1,285 $1,605 $1,605 1300 $1,605 $1,605 $1,605 1350 $1,605 $1,605 $1,605 1400 $1,605 $1,605 $1,605 1500 $1,605 $1,605 $1,605 1575 $1,605 $1,605 $1,605 1650 $1,605 $1,605 $1,605 1800 $1,605 $1,605 $1,605 2100 $1,605 $1,605 $1,605 Table A-17 Estimated Useful Life for Sanitary Laterals Sanitary Laterals Material Modelled As Useful life Asbestos Cement Concrete 80 Brick Unknown/Other 80 Clay Unknown/Other 80 Concrete Concrete 80 Corrugated Steel Pipe Steel 80 High Density Polyethylene Plastic 80 Polyethylene Plastic 80 Polyvinyl Chloride Plastic 80 Reinforced Concrete Concrete 80 Unknown Unknown/Other 80 Vitrified Clay Unknown/Other 80 Table A-18 Replacement Costs for Sanitary Laterals Size Concrete Plastic Steel Unknown/Other 25 $316 $316 $316 $316 38 $316 $316 $316 $316 50 $316 $316 $316 $316 100 $316 $316 $316 $316 150 $420 $420 $420 $420 200 $650 $650 $650 $650 225 $650 $650 $650 $650 250 $650 $650 $650 $650 280 $650 $650 $650 $650 300 $650 $650 $650 $650 350 $650 $650 $650 $650 375 $650 $650 $650 $650 400 $650 $650 $400 $400 Unknown $316 $316 $316 $316 Draft DocumentPage 126 of 143 Page 228 of 751 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Rev. 2 Draft v 1.0 | 114 Table A-19 Estimated Useful Life for Wastewater Appurtenances Wastewater Asset Useful life Facilities-Treatment 50 Facilities-Storage & Pumping 50 Maintenance Holes 80 Cleanouts 80 Storage Tanks 80 Table A-20 Replacement Costs for Wastewater Appurtenances Wastewater Asset Replacement Costs Facilities-Treatment $14,822,000 / each Facilities-Storage & Pumping $2,129,400 / each Maintenance Holes $10,764 / m Cleanouts $1,039 / each Storage Tanks $1,291 / m Draft DocumentPage 127 of 143 Page 229 of 751 CITY OF NIAGARA FALLS 2021 STRUCTURE ASSET MANAGEMENT COST FORECAST SPAN STRUCTURES (SPANS 3.0m AND GREATER) January 2022 ELLIS Engineering Inc. 214 Martindale Road, Suite 201 St. Catharines, ON L2S 0B2 Phone: (905) 934-9049 Web: www.ellis.on.ca Draft DocumentPage 128 of 143 Page 230 of 751 January 11, 2022 The City of Niagara Falls Municipal Works Department 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Tara Gudgeon HBSc, Infrastructure Asset Manager Reference: 2021 Structure Asset Management Cost Forecast – Span Structures (Spans of 3.0m or Greater). ELLIS Job No.: 981 We are pleased to submit the 2021 Structure Asset Management Cost Forecast (SAMCF) for the City of Niagara Falls Span Structures, which includes all bridges and culverts with spans of 3.0 metres or greater. The SAMCF expands on information gathered from the 2020 Municipal Bridge Appraisal. The following report contains information relating to the City’s 69 bridge and culvert structures with spans greater than 3 metres. Background: We reviewed the 2020 bridge appraisal, also referenced in this document as "inspection reports" (REF: 2020 Municipal Bridge Appraisal - Rehabilitation/Replacement Needs, Span Structure Inspections, completed by ELLIS Engineering Inc. in October 2020). The above noted structure inspection reports formed the basis for the estimation of the expected remaining service life for each structure, as well as the estimated costs for any future replacement and/or rehabilitation needs for each structure. Expected Remaining Service Life of Existing Structures: The expected remaining service life (ERSL) was estimated for each existing structure on a case- by-case basis. In general, we have estimated the ERSL based on four criteria (further defined on the following page): 1. The assessed age of the structure. 2. The intended design life. 3. The type of structure. 4. The current condition of the structure as determined by the 2020 structure inspections. …/2 ELLIS Engineering Inc. Consulting Engineers 214 Martindale Rd, Suite 201 St. Catharines, ON, Canada L2S 0B2 Tel: (905) 934-9049 Web: www.ellis.on.ca Draft DocumentPage 129 of 143 Page 231 of 751 Tara Gudgeon, City of Niagara Falls January 11, 2022 Page 2 of 6 1. Age of Structure The age of some structures could be identified from the inspection reports. However, the age of many structures was estimated from the type of construction, condition of exposed concrete or other elements, and the age of similar proximal structures. 2. Intended Design Life Previous to the 2000 Canadian Highway Bridge Design Code (CHBDC, CSA-S6-00), the design service life for span bridges was typically 50 years. The 2000 code (and subsequent codes) increased the design service life to 75 years. For structures with estimated dates of construction prior to 2000, an intended design service life of 50 years may be applied. For structures with estimated dates of construction after 2000, an intended design service life of 75 years was applied. 3. Type of Structure For structure types with high potential for corrosion (such as Corrugated Steel Pipe) an ERSL of less than 50 years was applied. Our experience indicates that the rate of corrosion depends largely on the waterway. In our experience, we have found certain structure types (such as concrete rigid frames and concrete rigid box culverts) consistently exceed their intended 50 year design life. Depending on the current condition of structure, roadway type, and quality of construction, a concrete rigid frame structure may remain in service for 75-100 years. 4. Current Condition of Structure The ERSL of any structure is closely related to the current condition of the structure as determined by the most recent structure inspection. For example, a structure in poor condition that has been recommended for replacement with a priority rating of 'NOW' would have 0 years of service life remaining. Table 1, below, summarizes the relationship between priority rating and ERSL. Table 1: ERSL for Structures Recommended for Replacement Priority Rating ERSL NOW 0 1-5 Years 5 6-10 Years 10 Any structure that has not been recommended for replacement in the next 10 years would have an ERSL of 15 years or greater. With all else equal, a structure with a better 'General Overall Condition' or a higher 'Bridge Condition Index' (BCI) would have a greater ERSL. The structure types and estimated construction dates are illustrated in Figure 1 on the following page. Draft DocumentPage 130 of 143 Page 232 of 751 Tara Gudgeon, City of Niagara Falls January 11, 2022 Page 3 of 6 Figure 1: Estimated Dates of Construction Estimated Replacement and Rehabilitation Costs: Where relevant, the estimated replacement and rehabilitation costs from the 2020 appraisal (inspection reports) were utilized. Those estimates were calculated based on preliminary engineering assumptions. The accuracy of those cost estimates are in an approximated range of plus or minus 20%. The scope of the 2020 inspection report estimates was for work to be completed in the next 10 years. For rehabilitation and replacement work beyond the next 10 years, the three following assumptions were utilized as necessary to derive the costs estimates: 1. Design Service Life of 75 years was considered for all replacement structures, excluding corrugated steel pipe structures (CSP), and prefabricated pedestrian bridges. A Design Service Life of 50 years was typically considered for CSP structures steel pedestrian structures. 2. No changes made to the roadway geometry or deck cross-section (i.e. single lane structures replaced with single lane structures). 3. Similar hydraulic cross-section and type of foundation. In general, most structure replacements could be estimated from a unit replacement cost based on the deck area. The unit replacement costs used are based on our most recent construction experience with structures similar in size and complexity. In general, rehabilitation costs were estimated assuming a minor rehabilitation for each structure after 25 years of service (20% of replacement cost) and a major rehabilitation for each structure after 50 years of service (40% of replacement cost). Table 2, on the following page, summarizes the unit replacement and rehabilitation costs that were utilized. Unit costs vary with the size of the structure. 0 2 4 6 8 10 12 14 16 1920s or Earlier 1930s 1940s 1950s 1960s 1970s 1980s 1990s 2000s 2010s to PresentNumber of StructuresDate of Construction Culverts Bridges Draft DocumentPage 131 of 143 Page 233 of 751 Tara Gudgeon, City of Niagara Falls January 11, 2022 Page 4 of 6 Table 2: Unit Replacement and Rehabilitation Costs for each Structure Size by Deck Area Structure Size Replacement Cost ($/m2 deck area) Major Rehabilitation Cost ($/m2 deck area) Minor Rehabilitation Cost ($/m2 deck area) Deck Area < 150m2 $ 8,000 $ 3,200 $ 1,600 150m2 < Deck Area < 1,500m2 $ 7,000 $ 2,800 $ 1,400 Deck Area > 1,500m2 $ 6,000 $ 2,400 $ 1,200 Estimated replacement and rehabilitation costs include engineering fees, but do not include any contingencies. Design and contract administration fees are estimated as 15% of the total construction cost. The estimated replacement costs for each structure are included in the appendix. The total replacement value for all 69 span structures is $129,630,000. Financial Analysis: A net present value financial analysis was completed in general accordance with the Ontario Ministry of Transportation’s Structural Financial Analysis Manual. An evaluation period of 75 years was employed. A base discount rate of 2.0% was applied to determine the net present value (NPV) for each structure, enabling a total dollar value to be derived in today’s dollars (the applied discount rate is further discussed in the next section) for all anticipated rehabilitation and replacement work on each structure over the next 75 years. Rehabilitation and replacement life cycle costs (treatments) were applied to each structure on a case-by-case basis in order to produce a realistic net present value model. The first step was to review any recommendations and/or cost estimates contained in the 2020 inspection reports. If no recommendations existed, then anticipated treatments were derived from the relevant inspection data and ERSL of each structure. In general, rehabilitation costs were simplified by assuming a minor rehabilitation for each structure after 25 years of service and a major rehabilitation for each structure after 50 years of service. A net present value was then produced for each structure. A 75-year Design Service Life was used for all replacement structures (required durability for new structures as per the CHBDC). Summary of Results: The results of the net present value financial analysis for a base discount rate of 2.0% are summarized in Table 3, below. Table 3: Results of Financial Analysis at a Discount Rate of 2.0% Category of Structure No. of Structures Total Deck Area (m2) Total NPV Cost for 75 Years Average NPV Cost per Year over 75 Years Total NPV Costs for First 30 Years Average NPV Cost per Year for First 30 Years All Structures with Spans of 3m or Greater 69 20,267 $ 102,612,000 $ 1,368,000 $ 70,490,000 $ 2,350,000 Large Structures (over 1,500m2 deck area) 5 11,025 $ 48,312,000 $ 644,000 $ 34,468,000 $ 1,149,000 Note: Costs rounded to nearest $1,000. Draft DocumentPage 132 of 143 Page 234 of 751 Tara Gudgeon, City of Niagara Falls January 11, 2022 Page 5 of 6 The summary of results in Table 3 indicates that in order to maintain the current inventory of 69 span structures, a total of $102,612,000 (in today's dollars) must be allocated over the next 75 years. The average total cost (in today's dollars) to be allocated is $1,368,000 each year. The future average total cost per year should be adjusted for inflation. Approximately 47% of the total costs are related to the City’s five largest (by deck area) bridge and culvert assets. Figure 2, below, summarizes the total NPV cost per year projected for the next 75 years. The costs are concentrated in the first 30 years with approximately 69% of the total costs occurring during this period. The average total cost (in today’s dollars) to be allocated per year is $2,350,000 for the first 30 years. The concentration of costs in the first 30 years is related to the concentration of structures constructed from approximately 1950 to 1980 as summarized in Figure 1 (see page 3). Many of these structures will require major rehabilitation and/or replacement within the next 30 years. Figure 2: Net Present Value Cost per Year for the next 75 Years Financial Sensitivity Analysis: A base discount rate of 2.0% was used. Variable discount rates were used for the analysis to determine the sensitivity of the cost to the applied discount rate. The total cost and total cost per year were found to be sensitive to the discount rate utilized. The sensitivity analysis was performed by varying the discount rate +/- 1.5% in 0.5% increments in order to produce a variety of present value financial analysis scenarios. The results of the sensitivity analysis are included in the attached spreadsheet. 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 0 - 10 11 - 20 21 - 30 31 - 40 41 - 50 51 - 60 61 - 75Cost Per Year ($, Thousands)Year Range from Present Day Draft DocumentPage 133 of 143 Page 235 of 751 Tara Gudgeon, City of Niagara Falls January 11, 2022 Page 6 of 6 Closing: We thank you for giving us the opportunity to provide our services for this very interesting project. Should you have any questions concerning the report, please contact the undersigned. Yours truly, ELLIS Engineering Inc. Arih Struger-Kalkman, P. Eng., M. Eng. Project Manager Emma Stephenson Project Assistant Attachments: 1. 2021 SAMCF – NF Span Structures Spreadsheet (PDF, 1 Page) 2. 2021 SAMCF – NF Span Structures Spreadsheet (Microsoft EXCEL Spreadsheet, Separate File) Draft DocumentPage 134 of 143 Page 236 of 751 City of Niagara Falls 2021 SAMCF - Span Structures (Spans 3m or Greater) ELLIS Engineering Inc. January 11, 2022 Job File: 981 STRUCTURE INFORMATION (More Inspection Data)-->NET PRESENT VALUE ANALYSIS NPV (DR - 1.5)%(DR - 1.0)%(DR - 0.5)%(DR)%(DR+0.5)%(DR+1.0)%(DR+1.5)% Discount Rate (DR) =2 %CALCS -->-->-->-->-->-->--> ID Number Structure Name Structure Type Road Classification Number of Spans Span Lengths (m) Deck Area (m²) Consequence of Failure General Overall Condition Previous BCI Current BCI BCI in 10 Years, No Work Recommended Work in Next 10 Years BCI Post- Work Priority Rating Total Cost Year Constructed Year of Replacement Residual Life Cost to Replace Year Rehab No.1 Cost Rehab No.1 Year Rehab No.2 Cost Rehab No.2 Year Rehab No.3 Cost Rehab No.3 Applied Discount Rate (%): 0.5 1 1.5 2 2.5 3 3.5 S001B Warner Road RCS Local 1 4 31 2 Poor 64 58 48 Replace 100 1-5 Years $460,000.00 1955 5 5 460,000$ 30 92,000$ 55 184,000$ -$ 667,742$ 612,380$ 566,989$ 529,343$ 497,749$ 470,908$ 447,825$ S003B Warner Road RF Local 1 3 32 2 Good 71 70 65 None Adequate $0.00 1955 25 25 256,000$ 50 51,200$ 75 102,400$ -$ 336,333$ 279,303$ 234,280$ 198,251$ 169,050$ 145,102$ 125,252$ S004B Mewburn Road Bridge SOCG Arterial 1 21 237 5 Very Good 30 95 85 None Adequate $0.00 2019 75 75 1,659,000$ 50 331,800$ 75 663,600$ -$ 1,399,846$ 988,328$ 700,723$ 498,966$ 356,884$ 256,426$ 185,106$ S005C Uppers Lane RB Local 1 3 61 2 Good 79 79 75 None Adequate $0.00 1999 50 50 488,000$ 25 195,200$ 75 97,600$ -$ 619,751$ 495,209$ 398,287$ 322,388$ 262,585$ 215,178$ 177,371$ S006C Beechwood Road RB Arterial 1 3 93 4 Good 77 76 71 None Adequate $0.00 2002 50 50 744,000$ 25 297,600$ 75 148,800$ -$ 944,866$ 754,990$ 607,225$ 491,510$ 400,335$ 328,058$ 270,418$ S007B Beechwood Road RCS Arterial 1 3 28 4 Poor 62 59 49 Replace 100 1-5 Years $460,000.00 1954 5 5 460,000$ 30 92,000$ 55 184,000$ -$ 667,742$ 612,380$ 566,989$ 529,343$ 497,749$ 470,908$ 447,825$ S008B Beechwood Road RCS Arterial 1 5 57 4 Poor 58 57 52 Replace 100 1-5 Years $517,500.00 1957 5 5 517,500$ 30 103,500$ 55 207,000$ -$ 751,210$ 688,928$ 637,862$ 595,511$ 559,968$ 529,771$ 503,803$ S010B Beechwood Road RF Arterial 1 4 49 4 Poor 59 58 53 Replace 100 6-10 Years $460,000.00 1960 10 10 460,000$ 35 92,000$ 60 184,000$ -$ 651,296$ 582,659$ 526,313$ 479,443$ 439,938$ 406,209$ 377,056$ S012B Beechwood Road RF Arterial 1 3.2 55 4 Fair 68 67 62 None Adequate $0.00 1968 30 30 440,000$ 55 88,000$ 0 -$ -$ 445,741$ 377,357$ 320,297$ 272,524$ 232,396$ 198,590$ 170,029$ S014B Garner Road RF Arterial 1 3.5 56 4 Good 74 73 68 None Adequate $0.00 1962 35 35 448,000$ 15 179,200$ 60 89,600$ -$ 608,950$ 519,924$ 446,058$ 384,469$ 332,870$ 289,442$ 252,726$ S016B Garner Road RF Arterial 1 3.2 57 4 Fair 68 67 62 None Adequate $0.00 1958 20 20 456,000$ 45 91,200$ 70 182,400$ -$ 614,221$ 522,887$ 449,563$ 389,890$ 340,690$ 299,630$ 264,978$ S018C Garner Road RB Arterial 1 4 94 4 Good 74 73 68 None Adequate $0.00 1999 45 45 752,000$ 20 300,800$ 70 150,400$ -$ 979,141$ 802,035$ 661,187$ 548,502$ 457,813$ 384,399$ 324,625$ S021C Shriner's Creek Culvert RB Collector 1 4 150 3 Good 74 73 68 Guide Rail 78 NOW $34,500.00 1990 40 40 1,050,000$ 15 420,000$ 65 210,000$ -$ 1,401,675$ 1,176,987$ 994,549$ 845,572$ 723,234$ 622,213$ 538,339$ S023C Kalar Road RB Arterial 2 2.4, 2.4 157 4 Very Good 85 84 79 None Adequate $0.00 2011 65 65 1,099,000$ 15 219,800$ 40 439,600$ -$ 1,358,750$ 1,060,167$ 835,689$ 665,785$ 536,258$ 436,752$ 359,683$ S024C Kalar Road RF Arterial 1 4 62 4 Good 78 78 73 None Adequate $0.00 1985 40 40 496,000$ 15 198,400$ 60 99,200$ -$ 663,936$ 558,636$ 472,719$ 402,282$ 344,260$ 296,235$ 256,291$ S035B Brown Road RB Arterial 2 3.0, 3.0 163 4 Good 79 79 74 None Adequate $0.00 2011 60 60 1,141,000$ 15 228,200$ 35 456,400$ -$ 1,440,952$ 1,146,802$ 920,573$ 745,525$ 609,209$ 502,335$ 417,952$ S036B Whirlpool Road SOSG Collector 1 52 688 5 Good 78 78 73 None Adequate $0.00 1984 45 45 4,816,000$ 20 1,926,400$ 60 963,200$ -$ 6,305,414$ 5,186,652$ 4,288,948$ 3,565,486$ 2,979,849$ 2,503,624$ 2,114,573$ S037C CSR Bridge 1 ARCH Unopened/OPG 1 25 1500 2 Fair 65 64 59 None Adequate $0.00 1920 25 25 9,000,000$ 50 1,800,000$ 75 3,600,000$ -$ 11,824,216$ 9,819,252$ 8,236,414$ 6,969,776$ 5,943,165$ 5,101,246$ 4,403,376$ S038B CSR Bridge 2 SOSG Unopened/OPG 1 8 32 2 Fair 64 61 51 None Adequate $0.00 1905 15 15 256,000$ 40 51,200$ 65 102,400$ -$ 353,533$ 308,524$ 271,892$ 241,667$ 216,398$ 195,005$ 176,680$ S039B Victoria Avenue CNR Bridge SOSG Arterial 5 5 x 21 1814 5 Fair 67 66 61 Rehabilitate 76 1-5 Years $2,365,000.00 1960 30 30 10,884,000$ 5 2,365,000$ 55 2,176,800$ -$ 13,332,769$ 11,584,645$ 10,118,322$ 8,883,295$ 7,838,948$ 6,952,456$ 6,197,171$ S040C Morrison Street ARCH Arterial 1 25 4350 5 Good 71 71 66 Maintenance & Rehabilitate 72 1-5 Years $650,000.00 1978 50 50 26,100,000$ 5 650,000$ 25 10,440,000$ 75 5,220,000$ 33,780,499$ 27,104,004$ 21,905,203$ 17,831,214$ 14,618,517$ 12,069,187$ 10,033,728$ S041B Drummond Road SOCG Arterial 3 27, 28, 27 1508 5 Good 74 73 68 Rip Rap & Maintenance 78 NOW $23,000.00 1973 30 30 9,048,000$ 0 23,000$ 15 3,619,200$ -$ 11,171,914$ 9,853,315$ 8,706,393$ 7,707,256$ 6,835,501$ 6,073,683$ 5,406,874$ S043B Murray Street Pedestrian Bridge TT Collector 1 32 154 4 Good 74 73 68 Cleaning & Recoating 78 6-10 Years $489,000.00 2004 30 30 1,078,000$ 10 489,000$ 55 215,600$ -$ 1,557,275$ 1,367,209$ 1,206,083$ 1,068,833$ 951,376$ 850,407$ 763,233$ S044C Portage Road RF Collector 1 8 388 3 Very Good 87 86 81 None Adequate $0.00 2004 65 65 2,716,000$ 15 543,200$ 40 1,086,400$ -$ 3,357,931$ 2,620,030$ 2,065,269$ 1,645,379$ 1,325,275$ 1,079,361$ 888,899$ S045B Marineland Parkway SOCG Arterial 2 16, 16 389 4 Good 74 74 71 Rehabilitate 75 NOW $115,000.00 1982 40 40 2,723,000$ 0 115,000$ 15 1,089,200$ 65 544,600$ 3,750,009$ 3,167,319$ 2,694,197$ 2,307,849$ 1,990,586$ 1,728,607$ 1,511,092$ S048C Oakwood Drive RF Collector 1 6 182 3 Good 75 74 69 None Adequate $0.00 1960 35 35 1,274,000$ 15 582,400$ 60 291,200$ -$ 1,826,241$ 1,561,276$ 1,341,606$ 1,158,520$ 1,005,139$ 876,005$ 766,763$ S049C Dorchester Road SSMP Arterial 1 6 302 3 Good 76 75 70 Debris 75 NOW $1,000.00 1980 20 20 2,114,000$ 45 422,800$ 70 845,600$ -$ 2,847,509$ 2,424,084$ 2,084,159$ 1,807,516$ 1,579,427$ 1,389,072$ 1,228,429$ S053C Chippawa Parkway SSMP Arterial 1 5 52 3 Fair 65 64 59 Rehabilitate 74 NOW $345,000.00 1970 20 20 416,000$ 45 83,200$ 70 166,400$ -$ 560,342$ 477,019$ 410,128$ 355,689$ 310,805$ 273,346$ 241,734$ S056B Portage Road - Weightman Bridge SOSG Arterial 3 33, 31, 33 1853 5 Good 78 77 72 Expansion Joint Seals 79 NOW $34,500.00 1967 30 30 11,118,000$ 0 34,500$ 55 2,223,600$ -$ 11,297,571$ 9,569,614$ 8,127,826$ 6,920,675$ 5,906,725$ 5,052,500$ 4,330,829$ S057B McKenney Road ARCH Unopened/Clay Road 1 5 28 2 Poor 48 47 42 Replacement 100 6-10 Years $345,000.00 1930 10 5 345,000$ 35 69,000$ 60 138,000$ -$ 488,472$ 436,994$ 394,735$ 359,582$ 329,953$ 304,657$ 282,792$ S059C McKenney Road ARCH Collector 1 9 119 3 Fair 66 65 60 Replacement 100 6-10 Years $1,092,500.00 1963 10 10 1,092,500$ 0 23,000$ 35 218,500$ 60 437,000$ 1,569,829$ 1,406,815$ 1,272,994$ 1,161,676$ 1,067,852$ 987,747$ 918,509$ S062C Morris Road RF Arterial 1 4 43 4 Good 78 77 72 None Adequate $0.00 1979 45 45 344,000$ 20 137,600$ 70 68,800$ -$ 447,905$ 366,888$ 302,458$ 250,910$ 209,425$ 175,842$ 148,499$ S063C Morris Road RF Arterial 1 3 38 4 Good 74 72 67 Remove Tree 72 NOW $3,000.00 1978 40 40 304,000$ 15 121,600$ 65 60,800$ -$ 405,818$ 340,766$ 287,946$ 244,813$ 209,393$ 180,146$ 155,862$ S071B Crowland Avenue RF Collector 2 5.0, 5.0 146 3 Good 74 73 68 Guide Rail & Rip Rap 78 NOW $103,500.00 1965 35 35 1,168,000$ 0 103,500$ 15 467,200$ 60 233,600$ 1,691,121$ 1,459,015$ 1,266,438$ 1,105,866$ 971,340$ 858,115$ 762,392$ S076B Crowland Avenue RF Collector 1 4 34 3 Poor 60 59 54 Replace 100 1-5 Years $460,000.00 1950 5 5 460,000$ 30 92,000$ 55 184,000$ -$ 667,742$ 612,380$ 566,989$ 529,343$ 497,749$ 470,908$ 447,825$ S088C Ridge Road CSP Collector 1 3 57 3 Very Good 90 89 79 None Adequate $0.00 2015 40 40 456,000$ 15 182,400$ 65 91,200$ -$ 608,727$ 511,149$ 431,918$ 367,220$ 314,090$ 270,218$ 233,793$ S090B Dell Road RF Collector 1 5 101 3 Good 78 77 72 Debris 77 NOW $1,000.00 1974 40 40 808,000$ 15 323,200$ 65 161,600$ -$ 1,078,622$ 905,719$ 765,329$ 650,688$ 556,546$ 478,808$ 414,265$ S091C McCredie Road SSMP Collector 2 4.0, 4.0 145 3 Fair 65 60 40 Replace 100 6-10 Years $1,092,500.00 c.1980 10 10 1,092,500$ 35 218,500$ 60 437,000$ -$ 1,546,829$ 1,383,815$ 1,249,994$ 1,138,676$ 1,044,852$ 964,747$ 895,509$ S093C Schisler Road RF Arterial 2 2.0, 2.0 145 4 Good 75 74 69 Guide Rail 79 NOW $69,000.00 1965 35 35 1,160,000$ 15 464,000$ 60 232,000$ -$ 1,576,747$ 1,346,231$ 1,154,972$ 995,500$ 861,896$ 749,447$ 654,379$ S094B Schisler Road RF Arterial 1 13 120 4 Fair 62 61 56 Rehabilitate 76 NOW $506,000.00 1950 25 25 960,000$ 0 506,000$ 50 192,000$ 75 384,000$ 1,767,250$ 1,553,387$ 1,384,551$ 1,249,443$ 1,139,938$ 1,050,133$ 975,693$ S096B Lemon Road RF Collector 1 10 85 3 Very Good 89 88 83 None Adequate $0.00 2013 70 70 680,000$ 20 136,000$ 45 272,000$ -$ 820,013$ 624,135$ 479,983$ 373,116$ 293,269$ 233,109$ 187,383$ S097B Koabel Road RB Arterial 1 3 43 4 Good 76 75 70 Rip Rap 78 1-5 Years $5,000.00 1967 35 35 344,000$ 15 137,600$ 60 137,600$ -$ 518,593$ 437,098$ 370,669$ 316,186$ 271,234$ 233,927$ 202,790$ S099B Koabel Road RF Arterial 1 9 96 4 Fair 66 65 60 Rehabilitate 75 1-5 Years $402,500.00 1965 30 30 768,000$ 5 402,500$ 55 153,600$ -$ 1,170,608$ 1,041,624$ 932,689$ 840,234$ 761,388$ 693,829$ 635,672$ S100B Willowdell Road SOCG Collector 2 18, 18 448 5 Fair 70 69 64 Rehabilitate 79 1-5 Years $862,500.00 1974 30 30 3,136,000$ 5 862,500$ 55 627,200$ -$ 4,018,177$ 3,510,162$ 3,083,470$ 2,723,543$ 2,418,674$ 2,159,403$ 1,938,046$ S101B Major Donald Dell Bridge SOCG Collector 1 16 170 5 Good 71 70 65 Rehabilitate 79 1-5 Years $517,500.00 1968 30 30 1,190,000$ 5 517,500$ 55 238,000$ -$ 1,710,282$ 1,512,961$ 1,346,633$ 1,205,768$ 1,085,920$ 983,495$ 895,573$ S102C Willowdell Road CSP Collector 2 3.0, 3.0 97 3 Very Good 10 90 75 None Adequate $0.00 2019 50 50 776,000$ 25 310,400$ 75 155,200$ -$ 985,505$ 787,463$ 633,342$ 512,650$ 417,554$ 342,168$ 282,049$ S103C Schneider Road CSP Collector 2 3.0, 3.0 97 3 Very Good 58 90 75 None Adequate $0.00 2019 50 50 776,000$ 25 310,400$ 75 155,200$ -$ 985,505$ 787,463$ 633,342$ 512,650$ 417,554$ 342,168$ 282,049$ S104B Beck Road RF Collector 3 9, 14, 9 222 5 Poor 50 49 44 Scheduled for Replacement 100 NOW $3,795,000.00 1952 0 0 3,795,000$ 25 759,000$ 50 1,518,000$ -$ 5,647,980$ 5,309,847$ 5,039,164$ 4,821,613$ 4,646,048$ 4,503,769$ 4,387,972$ S105B Stanley Avenue RF Arterial 3 9, 14, 9 271 5 Good 79 78 73 Guide Rail 78 NOW $10,000.00 1955 30 30 1,897,000$ 55 379,400$ 0 -$ -$ 1,921,753$ 1,626,921$ 1,380,917$ 1,174,948$ 1,001,944$ 856,192$ 733,058$ S108B Ort Road RF Local 1 4 55 2 Good 75 74 69 None Adequate $0.00 1970 35 35 440,000$ 15 176,000$ 60 88,000$ -$ 598,076$ 510,639$ 438,093$ 377,604$ 326,926$ 284,273$ 248,213$ S109B Ort Road RF Local 1 4 35 2 Good 73 72 67 Guide Rail 77 NOW $80,500.00 1948 25 25 280,000$ 50 56,000$ 75 112,000$ -$ 367,864$ 305,488$ 256,244$ 216,837$ 184,898$ 158,705$ 136,994$ S114B Willick Road RF Collector 1 4 28 3 Fair 71 69 64 Guide Rail 74 NOW $80,500.00 1946 20 20 224,000$ 45 44,800$ 70 89,600$ -$ 301,723$ 256,857$ 220,838$ 191,525$ 167,357$ 147,186$ 130,165$ S115B Charles Ruch Bridge SOCG Collector 1 9 85 3 Good 77 77 74 None Adequate $0.00 1963 40 40 680,000$ 15 272,000$ 60 272,000$ -$ 1,011,061$ 840,733$ 703,746$ 592,966$ 502,881$ 429,213$ 368,630$ S116B Willoughby Drive RF Unopened/Clay Road 1 3 23 2 Fair 63 62 57 Rip Rap & Maintenance 67 NOW $54,000.00 1955 15 15 184,000$ 0 54,000$ 40 36,800$ 65 73,600$ 308,102$ 275,752$ 249,422$ 227,698$ 209,536$ 194,160$ 180,989$ S117B Weaver Road RF Arterial 1 6 58 4 Fair 65 64 59 Replacement 100 6-10 Years $575,000.00 1923 10 10 575,000$ 35 115,000$ 60 230,000$ -$ 814,120$ 728,324$ 657,891$ 599,303$ 549,922$ 507,762$ 471,321$ S119B Miller Road RF Collector 1 8 64 3 Very Good 93 92 87 None Adequate $0.00 2013 70 70 512,000$ 20 102,400$ 45 204,800$ -$ 617,421$ 469,937$ 361,399$ 280,935$ 220,814$ 175,518$ 141,088$ S121B Marshall Road RF Local 1 4 41 2 Good 78 77 72 None Adequate $0.00 1980 45 45 328,000$ 20 131,200$ 70 65,600$ -$ 427,072$ 349,824$ 288,390$ 239,240$ 199,684$ 167,663$ 141,592$ S125B Marshall Road RF Collector 1 4 74 3 Good 76 75 70 None Adequate $0.00 1965 35 35 592,000$ 15 236,800$ 60 118,400$ -$ 804,684$ 687,042$ 589,434$ 508,048$ 439,864$ 382,476$ 333,959$ S128B Detenbeck Road RF Collector 1 3 22 3 Poor 43 42 37 Replace 100 NOW $345,000.00 1914 0 0 345,000$ 25 69,000$ 50 138,000$ -$ 513,453$ 482,713$ 458,106$ 438,328$ 422,368$ 409,434$ 398,907$ S129B Bossert Road RF Arterial 1 5 67 4 Good 76 75 70 None Adequate $0.00 1975 40 40 536,000$ 15 214,400$ 65 107,200$ -$ 715,521$ 600,824$ 507,694$ 431,644$ 369,194$ 317,625$ 274,809$ S131B Sherk Road RF Collector 1 4 31 3 Good 74 73 68 Rip Rap & Maintenance 78 NOW $28,000.00 1955 25 25 248,000$ 0 28,000$ 50 49,600$ 75 99,200$ 353,823$ 298,575$ 254,959$ 220,056$ 191,767$ 168,568$ 149,337$ S147B Royal Manor Drive SOSG Local 3 19, 25,19 854 3 Fair 62 61 56 Rehabilitate 71 1-5 Years $1,725,000.00 1941 30 30 5,978,000$ 5 1,725,000$ 55 1,195,600$ -$ 7,738,517$ 6,768,182$ 5,952,922$ 5,264,990$ 4,682,066$ 4,186,112$ 3,762,482$ S148C Conrail (Railway) SSMP Unopened/Falls View Golf Course Inc.1 5 281 2 Fair 72 69 62 None Adequate $0.00 1980 20 20 1,967,000$ 45 393,400$ 70 786,800$ -$ 2,649,504$ 2,255,522$ 1,939,234$ 1,681,828$ 1,469,599$ 1,292,481$ 1,143,008$ S149C Conrail (Golf Cart) SSMP Unopened/Falls View Golf Course Inc.1 5 151 2 Good 74 71 64 None Adequate $0.00 1980 20 20 1,057,000$ 45 211,400$ 70 422,800$ -$ 1,423,755$ 1,212,042$ 1,042,080$ 903,758$ 789,714$ 694,536$ 614,214$ S150B Baden Powel Park Pedestrian Bridge PT Unopened 1 16 31 3 Fair 67 66 51 Rehabilitate 76 NOW $57,500.00 c.1990 10 10 115,000$ 35 23,000$ 60 46,000$ -$ 162,824$ 145,665$ 131,578$ 119,861$ 109,984$ 101,552$ 94,264$ S151B Cataract Street Bridge SOSG Local 3 7, 11, 6 343 3 Fair N/A 62 57 Remove N/A 6-10 Years $402,500.00 c.1920 10 10 402,500$ 0 -$ 0 -$ -$ 382,918$ 364,378$ 346,821$ 330,190$ 314,432$ 299,498$ 285,340$ S152B Park Street Bridge SOSG Collector 4 6, 12, 12, 8 344 3 Poor N/A 57 52 Remove N/A NOW $400,000.00 c.1920 0 0 400,000$ 0 -$ 0 -$ -$ 400,000$ 400,000$ 400,000$ 400,000$ 400,000$ 400,000$ 400,000$ S153B Zimmerman Avenue Bridge SOSG Local 3 7, 14, 7 281 3 Poor N/A 59 54 Remove N/A 1-5 Years $345,000.00 c.1920 5 5 345,000$ 0 50,000$ 0 -$ -$ 386,503$ 378,256$ 370,250$ 362,477$ 354,930$ 347,600$ 340,481$ S154B Legacy Pathway Bridge ARCH Unopened/OPG 1 30 300 3 Fair N/A 64 59 Remove N/A 6-10 Years $400,000.00 1919 10 10 400,000$ 0 -$ 0 -$ -$ 380,539$ 362,115$ 344,667$ 328,139$ 312,479$ 297,638$ 283,568$ Total:129,630,000$ Notes:Deck Area < 150m2 TOTAL:165,502,335$ 139,875,617$ 119,288,045$ 102,612,319$ 88,997,732$ 77,797,485$ 68,516,131$ -S053C Rehabilitated in 2020 Replacement Cost (sq.m): $ 8,000 (75 Year life for replacement)Total/75 years:2,206,698$ 1,865,008$ 1,590,507$ 1,368,164$ 1,186,636$ 1,037,300$ 913,548$ -S021C Rehabilitated in 2021 (Guide Rail) Major Rehab Cost (sq.m): $ 3,200 (Year 50 from construction) -S093C Rehabilitated in 2021 (Guide Rail) Minor Rehab Cost (sq.m): $ 1,600 (Year 25 from construction) -S105B Rehabilitated in 2021 (Guide Rail) -S151B to S154B are structures scheduled for removal, therefore only removal costs are included under 'Cost to Replace' 150m2 > Deck Area < 1500m2 -50 year service life generally assumed for steel pedestrian or CSP/SSMP type structures Replacement Cost (sq.m): $ 7,000 (75 Year life for replacement) -Previous BCI is typically from 2018 (or from 2016 when on a 4 year inspection cycle) Major Rehab Cost (sq.m): $ 2,800 (Year 50 from construction) Minor Rehab Cost (sq.m): $ 1,400 (Year 25 from construction) Deck Area > 1500m2 Replacement Cost (sq.m): $ 6,000 (75 Year life for replacement) Major Rehab Cost (sq.m): $ 2,400 (Year 50 from construction) Minor Rehab Cost (sq.m): $ 1,200 (Year 25 from construction)Draft DocumentPage 135 of 143Page 237 of 751 CITY OF NIAGARA FALLS 2021 STRUCTURE ASSET MANAGEMENT COST FORECAST MUNICIPAL STRUCTURES (SPANS LESS THAN 3.0m) January 2022 ELLIS Engineering Inc. 214 Martindale Road, Suite 201 St. Catharines, ON L2S 0B2 Phone: (905) 934-9049 Web: www.ellis.on.ca Draft DocumentPage 136 of 143 Page 238 of 751 January 11, 2022 The City of Niagara Falls Municipal Works Department 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Tara Gudgeon HBSc, Infrastructure Asset Manager Reference: 2021 Structure Asset Management Cost Forecast – Municipal Structures (Spans less than 3.0m). ELLIS Job No.: 981 We are pleased to submit the 2021 Structure Asset Management Cost Forecast (SAMCF) for the City of Niagara Falls Span Structures, which includes all bridges and culverts with spans less than 3.0 metres. The SAMCF expands on information gathered from the 2020 Municipal Bridge Appraisal. The following report contains information relating to the City’s 81 bridge and culvert structures with spans less than 3 metres. Background: We reviewed the 2020 bridge appraisal, also referenced in this document as "inspection reports" (REF: 2020 Municipal Bridge Appraisal - Rehabilitation/Replacement Needs, Municipal Structure Inspections, completed by ELLIS Engineering Inc. in October 2020). We inspected eight additional municipal structures in 2021, which were added to the Municipal Bridge Database after the 2020 inspections. The above noted structure inspection reports formed the basis for the estimation of the expected remaining service life for each structure, as well as the estimated costs for any future replacement and/or rehabilitation needs for each structure. Expected Remaining Service Life of Existing Structures: The expected remaining service life (ERSL) was estimated for each existing structure on a case- by-case basis. In general, we have estimated the ERSL based on four criteria (further defined on the following page): 1. The assessed age of the structure. 2. The intended design life. 3. The type of structure. 4. The current condition of the structure as determined by the most recent structure inspection. …/2 ELLIS Engineering Inc. Consulting Engineers 214 Martindale Rd, Suite 201 St. Catharines, ON, Canada L2S 0B2 Tel: (905) 934-9049 Web: www.ellis.on.ca Draft DocumentPage 137 of 143 Page 239 of 751 Tara Gudgeon, City of Niagara Falls January 11, 2022 Page 2 of 6 1. Age of Structure The age of some structures could be identified from the inspection reports. However, the age of many structures was estimated from the type of construction, condition of exposed concrete or other elements, and the age of similar proximal structures. 2. Intended Design Life Previous to the 2000 Canadian Highway Bridge Design Code (CHBDC, CSA-S6-00), the design service life for span bridges was typically 50 years. The 2000 code (and subsequent codes) increased the design service life to 75 years. For structures with estimated dates of construction prior to 2000, an intended design service life of 50 years may be applied. For structures with estimated dates of construction after 2000, an intended design service life of 75 years was applied. 3. Type of Structure For structure types with high potential for corrosion (such as Corrugated Steel Pipe) an ERSL of less than 50 years was typically applied. Our experience indicates that the rate of corrosion depends largely on the waterway. In our experience, we have found certain structure types (such as concrete rigid frames and concrete rigid box culverts) consistently exceed their intended 50 year design life. Depending on the current condition of structure, roadway type, and quality of construction, a concrete rigid frame structure may remain in service for 75-100 years. 4. Current Condition of Structure The ERSL of any structure is closely related to the current condition of the structure as determined by the most recent structure inspection. For example, a structure in poor condition that has been recommended for replacement with a priority rating of 'NOW' would have 0 years of service life remaining. Table 1, below, summarizes the relationship between priority rating and ERSL. Table 1: ERSL for Structures Recommended for Replacement Priority Rating ERSL NOW 0 1-5 Years 5 6-10 Years 10 Any structure that has not been recommended for replacement in the next 10 years would have an ERSL of 15 years or greater. With all else equal, a structure with a better 'General Overall Condition' or a higher 'Bridge Condition Index' (BCI) would have a greater ERSL. The structure types and estimated construction dates are illustrated in Figure 1 on the following page. Draft DocumentPage 138 of 143 Page 240 of 751 Tara Gudgeon, City of Niagara Falls January 11, 2022 Page 3 of 6 Figure 1: Estimated Dates of Construction Estimated Replacement and Rehabilitation Costs: Where relevant, the estimated replacement and rehabilitation costs from the appraisal (inspection reports) were utilized. Those estimates were calculated based on preliminary engineering assumptions. The accuracy of those cost estimates are in an approximated range of plus or minus 20%. The scope of the inspection report estimates was for work to be completed in the next 10 years. For rehabilitation and replacement work beyond the next 10 years, the three following assumptions were utilized as necessary to derive the costs estimates: 1. Design Service Life of 75 years was considered for all replacement structures, excluding corrugated steel pipe structures (CSP), and prefabricated pedestrian bridges. A Design Service Life of 50 years was typically considered for CSP structures. 2. No changes made to the roadway geometry or deck cross-section (i.e. single lane structures replaced with single lane structures). 3. Similar hydraulic cross-section and type of foundation. In general, most structure replacements could be estimated from a unit replacement cost based on the deck area. The unit replacement costs used are based on our most recent construction experience with structures similar in size and complexity. In general, rehabilitation costs were estimated assuming a minor rehabilitation for each structure after 25 years of service (20% of replacement cost) and a major rehabilitation for each structure after 50 years of service (40% of replacement cost). Table 2, on the following page, summarizes the unit replacement and rehabilitation costs that were utilized. 0 5 10 15 20 25 1920s or Earlier 1930s 1940s 1950s 1960s 1970s 1980s 1990s 2000s 2010s to PresentNumber of StructuresDate of Construction Culverts Bridges Draft DocumentPage 139 of 143 Page 241 of 751 Tara Gudgeon, City of Niagara Falls January 11, 2022 Page 4 of 6 Table 2: Unit Replacement and Rehabilitation Costs for each Structure Size by Deck Area Structure Size Replacement Cost ($/m2 deck area) Major Rehabilitation Cost ($/m2 deck area) Minor Rehabilitation Cost ($/m2 deck area) Deck Area < 150m2 $ 8,000 $ 3,200 $ 1,600 Estimated replacement and rehabilitation costs include engineering fees, but do not include any contingencies. Design and contract administration fees are estimated as 15% of the total construction cost. The estimated replacement costs for each structure are included in the appendix. The total replacement value for all 81 municipal structures is $19,779,500. Financial Analysis: A net present value financial analysis was completed in general accordance with the Ontario Ministry of Transportation’s Structural Financial Analysis Manual. An evaluation period of 75 years was employed. A base discount rate of 2.0% was applied to determine the net present value (NPV) for each structure, enabling a total dollar value to be derived in today’s dollars (the applied discount rate is further discussed in the next section) for all anticipated rehabilitation and replacement work on each structure over the next 75 years. Rehabilitation and replacement life cycle costs (treatments) were applied to each structure on a case-by-case basis in order to produce a realistic net present value model. The first step was to review any recommendations and/or cost estimates contained in the 2020 and 2021 inspection reports. If no recommendations existed, then anticipated treatments were derived from the relevant inspection data and ERSL of each structure. In general, rehabilitation costs were simplified by assuming a minor rehabilitation for each structure after 25 years of service and a major rehabilitation for each structure after 50 years of service. A net present value was then produced for each structure. A 75-year Design Service Life was used for all replacement structures (required durability for new structures as per the CHBDC). Summary of Results: The results of the net present value financial analysis for a base discount rate of 2.0% are summarized in Table 3, below. Table 3: Results of Financial Analysis at a Discount Rate of 2.0% Category of Structure No. of Structures Total Deck Area (m2) Total NPV Cost for 75 Years Average NPV Cost per Year over 75 Years Total NPV Costs for First 10 Years Average NPV Cost per Year for First 10 Years All Municipal Structures (Spans < 3m) 81 2,534 $ 15,877,000 $ 212,000 $ 4,264,000 $ 426,000 Note: Costs rounded to nearest $1,000. Draft DocumentPage 140 of 143 Page 242 of 751 Tara Gudgeon, City of Niagara Falls January 11, 2022 Page 5 of 6 The summary of results in Table 3 indicates that in order to maintain the current inventory of 81 municipal structures, a total of $15,877,000 (in today's dollars) must be allocated over the next 75 years. The average total cost (in today's dollars) to be allocated is $212,000 each year. The future average total cost per year should be adjusted for inflation. Figure 2, below, summarizes the total NPV cost per year projected for the next 75 years. The costs are concentrated in the first 10 years with approximately 27% of the total costs occurring during this period. The average total cost (in today’s dollars) to be allocated per year is $426,000 for the first 10 years. The concentration of costs in the first 10 years is related to the concentration of structures constructed from approximately 1950 to 1960 as summarized in Figure 1 (see page 3). There are also ten municipal structures constructed prior to 1950. Many of the structures constructed in the 1960’s and prior will require replacement within the next 10 years. Figure 2: Net Present Value Cost per Year for the next 75 Years Financial Sensitivity Analysis: A base discount rate of 2.0% was used. Variable discount rates were used for the analysis to determine the sensitivity of the cost to the applied discount rate. The total cost and total cost per year were found to be sensitive to the discount rate utilized. The sensitivity analysis was performed by varying the discount rate +/- 1.5% in 0.5% increments in order to produce a variety of present value financial analysis scenarios. The results of the sensitivity analysis are included in the attached spreadsheet. 0 50 100 150 200 250 300 350 400 450 0 - 10 11 - 20 21 - 30 31 - 40 41 - 50 51 - 60 61 - 75Cost Per Year ($, Thousands)Year Range from Present Day Draft DocumentPage 141 of 143 Page 243 of 751 Tara Gudgeon, City of Niagara Falls January 11, 2022 Page 6 of 6 Closing: We thank you for giving us the opportunity to provide our services for this very interesting project. Should you have any questions concerning the report, please contact the undersigned. Yours truly, ELLIS Engineering Inc. Arih Struger-Kalkman, P. Eng., M. Eng. Project Manager Emma Stephenson Project Assistant Attachments: 1. 2021 SAMCF – NF Municipal Structures Spreadsheet (PDF, 1 Page) 2. 2021 SAMCF – NF Municipal Structures Spreadsheet (Microsoft EXCEL Spreadsheet, Separate File) Draft DocumentPage 142 of 143 Page 244 of 751 City of Niagara Falls 2021 SAMCF - Municipal Structures (Spans less than 3m) ELLIS Engineering Inc. January 11, 2022 Job File: 981 STRUCTURE INFORMATION (More Inspection Data)-->NET PRESENT VALUE ANALYSIS NPV (DR - 1.5)%(DR - 1.0)%(DR - 0.5)%(DR)%(DR+0.5)%(DR+1.0)%(DR+1.5)% Discount Rate (DR) =2 %CALCS -->-->-->-->-->-->--> ID Number Structure Name Structure Type Road Classification No. of Spans Span Lengths (m) Deck Area (m²) Consequence of Failure General Overall Condition Previous BCI Current BCI BCI in 10 Years, No Work Recommended Work in Next 10 Years BCI Post- Work Priority Rating Total Cost Year Constructed Year of Replacement Residual Life Cost to Replace Year Rehab No.1 Cost Rehab No.1 Year Reha b No.2 Cost Rehab No.2 Year Reha b No.3 Cost Rehab No.3 Year Reha b No.4 Cost Rehab No.4 Applied Discount Rate (%): 0.5 1 1.5 2 2.5 3 3.5 BCV_000X Old Mewburn Road CPP Arterial 2 0.45, 0.45 8 3 Very Good N/A 95 85 None Adequate $0.00 2018 70 70 64,000$ 20 12,800$ 45 25,600$ -$ -$ 77,178$ 58,742$ 45,175$ 35,117$ 27,602$ 21,940$ 17,636$ BCV_000XX Oldfield Road CSP Arterial 1 0.73 13 3 Fair N/A 65 55 Replace 100 1-5 Years $115,000.00 c.2000 5 5 115,000$ 30 23,000$ 55 46,000$ -$ -$ 166,936$ 153,095$ 141,747$ 132,336$ 124,437$ 117,727$ 111,956$ BCV_00167 McLeod Road RB Arterial 1 2.4 134 4 Good N/A 76 73 Minor Maintenance 76 1-5 Years $2,000.00 c.2008 60 60 1,072,000$ 15 214,400$ 40 428,800$ -$ -$ 1,344,943$ 1,062,760$ 846,635$ 680,228$ 551,382$ 451,021$ 372,350$ BCV_00168 Montrose Road RB Arterial 1 2.4 82 4 Good N/A 79 76 None Adequate $0.00 c.2000 55 55 656,000$ 30 262,400$ -$ -$ -$ 724,555$ 574,195$ 457,122$ 365,610$ 293,788$ 237,185$ 192,385$ BCV_00213 Oldfield Road CSP Arterial 2 0.6, 0.6 22 3 Good N/A 70 65 None Adequate $0.00 c.2000 25 25 176,000$ 50 35,200$ 75 70,400$ -$ -$ 231,229$ 192,021$ 161,068$ 136,298$ 116,222$ 99,758$ 86,110$ BCV_00214 Mulberry Drive RB Local 1 2.4 78 2 Good N/A 78 75 None Adequate $0.00 c.2000 55 55 624,000$ 30 249,600$ -$ -$ -$ 689,211$ 546,185$ 434,824$ 347,776$ 279,457$ 225,615$ 183,000$ BCV_00217 Mewburn Road CPP Arterial 1 1.5 45 3 Very Good N/A 90 85 None Adequate $0.00 2018 70 70 360,000$ 20 72,000$ 45 144,000$ -$ -$ 434,124$ 330,424$ 254,109$ 197,532$ 155,260$ 123,411$ 99,203$ BCV_00218 Mewburn Road CPP Arterial 1 0.9 27 3 Very Good N/A 95 85 None Adequate $0.00 2018 70 70 216,000$ 20 43,200$ 45 86,400$ -$ -$ 260,475$ 198,255$ 152,465$ 118,519$ 93,156$ 74,047$ 59,522$ M002B Warner Road RCS Local 1 0.8 7 1 Very Poor 40 38 33 Remove/Backfill N/A NOW $46,000.00 1955 0 0 46,000$ -$ -$ -$ -$ 46,000$ 46,000$ 46,000$ 46,000$ 46,000$ 46,000$ 46,000$ M011C Beechwood Road RF Arterial 1 1.8 39 4 Good 78 77 72 Install Rip Rap 78 NOW $17,500.00 1984 40 40 312,000$ 0 17,500$ 15 62,400$ 65 124,800$ -$ 421,218$ 346,166$ 286,820$ 239,617$ 201,854$ 171,470$ 146,887$ M013B Garner Road RF Arterial 1 2.5 30 4 Fair 65 64 59 Replace 100 6-10 Years $345,000.00 1954 10 10 345,000$ 35 69,000$ 60 138,000$ -$ -$ 488,472$ 436,994$ 394,735$ 359,582$ 329,953$ 304,657$ 282,792$ M015C Garner Road CP Arterial 2 0.6, 0.6 15 3 Fair 64 63 58 None Adequate $0.00 1960 15 15 120,000$ 40 24,000$ 65 48,000$ -$ -$ 165,719$ 144,621$ 127,449$ 113,282$ 101,437$ 91,409$ 82,819$ M017C Garner Road RF Arterial 1 1.8 27 4 Fair 66 65 60 SBGR & Rip Rap 68 NOW $91,250.00 1955 20 20 216,000$ 45 43,200$ 70 86,400$ -$ -$ 290,947$ 247,683$ 212,951$ 184,685$ 161,379$ 141,930$ 125,516$ M019C Beaverdams Road CPP Arterial 2 0.6, 0.6 9 3 Good 80 79 74 None Adequate $0.00 2005 60 60 72,000$ 15 14,400$ 40 28,800$ -$ -$ 90,332$ 71,379$ 56,864$ 45,687$ 37,033$ 30,292$ 25,009$ M020C Beaverdams Road CSP, RCS, CP Arterial 1 1.35 25 3 Very Poor 50 49 44 Replace 100 NOW $144,000.00 c.1975 0 0 144,000$ 25 28,800$ 50 57,600$ -$ -$ 214,311$ 201,480$ 191,209$ 182,954$ 176,293$ 170,894$ 166,500$ M022C Kalar Road CSP Arterial 2 1.2, 1.2 44 3 Poor 62 59 49 Replace 100 1-5 Years $575,000.00 1960 5 5 575,000$ 30 115,000$ 55 230,000$ -$ -$ 834,678$ 765,475$ 708,736$ 661,679$ 622,186$ 588,635$ 559,781$ M025C Kalar Road RF Arterial 1 1.8 28 4 Good 79 78 73 None Adequate $0.00 1967 35 35 224,000$ 60 44,800$ -$ -$ -$ 221,334$ 182,785$ 151,362$ 125,660$ 104,569$ 87,210$ 72,881$ M026C Kalar Road CP Arterial 2 0.6, 2.0 84 4 Good 75 74 69 None Adequate $0.00 1958 25 25 672,000$ 50 134,400$ 75 268,800$ -$ -$ 882,875$ 733,171$ 614,986$ 520,410$ 443,756$ 380,893$ 328,785$ M027C Kalar Road CSP Arterial 2 0.6, 0.6 18 3 Very Good 90 89 79 None Adequate $0.00 2018 45 45 144,000$ 20 57,600$ 70 28,800$ -$ -$ 187,495$ 153,581$ 126,610$ 105,032$ 87,666$ 73,608$ 62,162$ M028B Kalar Road RB Arterial 1 2.4 72 4 Very Good 76 90 85 None Adequate $0.00 2018 70 70 576,000$ 20 115,200$ 45 230,400$ -$ -$ 694,599$ 528,679$ 406,574$ 316,052$ 248,416$ 197,457$ 158,724$ M030C Kalar Road CP Arterial 1 2.6 81 4 Fair 67 63 58 Minor Maintenance NOW $2,000.00 1966 15 15 648,000$ 40 129,600$ 65 259,200$ -$ -$ 894,881$ 780,953$ 688,226$ 611,720$ 547,758$ 493,607$ 447,221$ M031B McLeod Road RB Arterial 1 1.5 23 3 Good 77 76 73 None Adequate $0.00 2004 50 50 184,000$ 25 73,600$ 75 36,800$ -$ -$ 233,677$ 186,718$ 150,174$ 121,556$ 99,008$ 81,133$ 66,878$ M033C Brown Road CSP Arterial 1 2.25 21 3 Good 77 76 73 None Adequate $0.00 2000 25 25 168,000$ 50 33,600$ 75 67,200$ -$ -$ 220,719$ 183,293$ 153,746$ 130,102$ 110,939$ 95,223$ 82,196$ M034C Brown Road RB Arterial 1 2.2 19 4 Good 79 78 75 None Adequate $0.00 1996 45 45 152,000$ 20 60,800$ 70 30,400$ -$ -$ 197,912$ 162,113$ 133,644$ 110,867$ 92,537$ 77,698$ 65,616$ M046C Oakwood Drive RB Collector 1 2.5 100 3 Good 78 78 75 None Adequate $0.00 2009 60 60 800,000$ 15 160,000$ 40 320,000$ -$ -$ 1,003,689$ 793,105$ 631,817$ 507,633$ 411,479$ 336,583$ 277,873$ M047C Oakwood Drive RF Collector 1 1.2 31 2 Good 76 76 71 None Adequate $0.00 1960 30 30 248,000$ 55 49,600$ -$ -$ -$ 251,236$ 212,692$ 180,531$ 153,604$ 130,987$ 111,932$ 95,835$ M052C Chippawa Parkway CP Arterial 1 1.2 24 3 Poor 62 58 48 Replace 100 1-5 Years $172,500.00 1955 5 5 172,500$ 30 34,500$ 55 69,000$ -$ -$ 250,403$ 229,643$ 212,621$ 198,504$ 186,656$ 176,590$ 167,934$ M054C Chippawa Parkway CP, RF, CSP Collector 2 1.2, 1.2 52 3 Very Poor 50 48 43 Replace 100 NOW $460,000.00 1960 0 0 460,000$ 25 92,000$ 50 184,000$ -$ -$ 684,604$ 643,618$ 610,808$ 584,438$ 563,157$ 545,911$ 531,875$ M055C Front Street CSP Local 1 1.6 69 2 Fair 71 67 52 Replace 100 6-10 Years $172,500.00 1968 10 10 172,500$ 35 34,500$ 60 69,000$ -$ -$ 244,236$ 218,497$ 197,367$ 179,791$ 164,977$ 152,329$ 141,396$ M058B McKenney Road RF Unopened/Clay Road 1 2.6 15 1 Very Poor 50 49 44 None Adequate $0.00 1920 15 15 120,000$ 40 24,000$ 65 48,000$ -$ -$ 165,719$ 144,621$ 127,449$ 113,282$ 101,437$ 91,409$ 82,819$ M060C McKenney Road CSP Collector 2 1.25, 1.25 37 3 Fair 69 65 50 Replace 100 6-10 Years $172,500.00 1965 10 10 172,500$ 35 34,500$ 60 69,000$ -$ -$ 244,236$ 218,497$ 197,367$ 179,791$ 164,977$ 152,329$ 141,396$ M061C Biggar Road CSP Arterial 2 1.5, 1.5 27 3 Fair 69 68 63 None Adequate $0.00 2008 20 20 216,000$ 45 43,200$ 70 86,400$ -$ -$ 290,947$ 247,683$ 212,951$ 184,685$ 161,379$ 141,930$ 125,516$ M065C Morris Road CSP Arterial 1 1.4 17 3 Fair 72 68 60 None Adequate $0.00 1980 15 15 136,000$ 40 27,200$ 65 54,400$ -$ -$ 187,815$ 163,904$ 144,443$ 128,386$ 114,962$ 103,596$ 93,861$ M066C Morris Road SSMP Arterial 2 1.3, 1.3 39 3 Fair 66 60 50 Replace 100 6-10 Years $172,500.00 1965 10 10 172,500$ 35 34,500$ 60 69,000$ -$ -$ 244,236$ 218,497$ 197,367$ 179,791$ 164,977$ 152,329$ 141,396$ M069C Crowland Avenue SSMP Collector 1 1.7 23 2 Poor 55 52 42 Replace 100 1-5 Years $126,500.00 1965 5 5 126,500$ 30 25,300$ 55 50,600$ -$ -$ 183,629$ 168,405$ 155,922$ 145,569$ 136,881$ 129,500$ 123,152$ M070C Crowland Avenue CP Collector 1 1.95 33 2 Very Good 45 90 85 None Adequate $0.00 2017 70 70 264,000$ 20 52,800$ 45 105,600$ -$ -$ 318,358$ 242,311$ 186,346$ 144,857$ 113,857$ 90,501$ 72,749$ M072B Crowland Avenue RB Collector 1 2.4 24 3 Good 77 76 72 None Adequate $0.00 1985 45 45 192,000$ 20 76,800$ 70 38,400$ -$ -$ 249,994$ 204,775$ 168,814$ 140,043$ 116,888$ 98,144$ 82,883$ M073C Crowland Avenue CSP Collector 2 0.9, 0.9 20 2 Fair 65 60 50 Replace 100 6-10 Years $115,000.00 1985 10 10 115,000$ 35 23,000$ 60 46,000$ -$ -$ 162,824$ 145,665$ 131,578$ 119,861$ 109,984$ 101,552$ 94,264$ M074C Crowland Avenue CSP Collector 1 1.45 17 2 Good 75 74 69 None Adequate $0.00 2008 30 30 136,000$ 55 27,200$ -$ -$ -$ 137,775$ 116,637$ 99,001$ 84,235$ 71,831$ 61,382$ 52,554$ M075B Crowland Avenue RF Collector 1 2.4 33 3 Fair 60 60 55 Replace 100 6-10 Years $287,500.00 1966 10 10 287,500$ 35 57,500$ 60 115,000$ -$ -$ 407,060$ 364,162$ 328,946$ 299,652$ 274,961$ 253,881$ 235,660$ M077C Carl Road RF Collector 1 2.4 57 3 Fair 69 68 63 None Adequate $0.00 1920 20 20 456,000$ 45 91,200$ 70 182,400$ -$ -$ 614,221$ 522,887$ 449,563$ 389,890$ 340,690$ 299,630$ 264,978$ M078C Misener Road CP Collector 1 1.65 24 2 Very Good 30 90 85 None Adequate $0.00 2017 70 70 192,000$ 20 38,400$ 45 76,800$ -$ -$ 231,533$ 176,226$ 135,525$ 105,351$ 82,805$ 65,819$ 52,908$ M079C Misener Road Wood Arch Collector 1 1.3 10 2 Good 71 70 65 SBGR & Rip Rap 72 NOW $34,500.00 1890 20 20 80,000$ 0 34,500$ 45 16,000$ 70 32,000$ -$ 142,258$ 126,235$ 113,371$ 102,902$ 94,270$ 87,067$ 80,987$ M080C Misener Road CSP Collector 1 1.75 22 2 Fair 69 67 57 None Adequate $0.00 1970 15 15 176,000$ 40 35,200$ 65 70,400$ -$ -$ 243,054$ 212,111$ 186,926$ 166,146$ 148,774$ 134,066$ 121,467$ M081B Misener Road RF Collector 1 2 12 3 Fair 69 68 63 None Adequate $0.00 1950 20 20 96,000$ 45 19,200$ 70 38,400$ -$ -$ 129,310$ 110,081$ 94,645$ 82,082$ 71,724$ 63,080$ 55,785$ M082C Misener Road RF Collector 1 1.8 19 3 Good 77 76 73 None Adequate $0.00 1990 45 45 152,000$ 20 60,800$ 70 30,400$ -$ -$ 197,912$ 162,113$ 133,644$ 110,867$ 92,537$ 77,698$ 65,616$ M083B Young Road RF Collector 1 2.1 12 3 Fair 63 62 57 Replace 100 6-10 Years $230,000.00 1914 10 10 230,000$ 35 46,000$ 60 92,000$ -$ -$ 325,648$ 291,329$ 263,157$ 239,721$ 219,969$ 203,105$ 188,528$ M085C Lyons Creek Road RF Local 1 2.4 48 3 Good 78 77 72 None Adequate $0.00 1968 40 40 384,000$ 15 153,600$ 65 76,800$ -$ -$ 512,612$ 430,441$ 363,721$ 309,238$ 264,497$ 227,552$ 196,878$ M086B Yokum Road RF Collector 1 2.4 32 3 Good 76 75 70 SBGR 76 NOW $57,500.00 1967 35 35 256,000$ 0 57,500$ 60 51,200$ -$ -$ 310,453$ 266,397$ 230,486$ 201,112$ 177,008$ 157,168$ 140,793$ M087C Ridge Road SSMP Collector 1 2 22 2 Poor 56 53 43 Replace 100 1-5 Years $230,000.00 1965 5 5 230,000$ 30 46,000$ 55 92,000$ -$ -$ 333,871$ 306,190$ 283,494$ 264,672$ 248,874$ 235,454$ 223,912$ M089C Reixinger Road CPP Collector 3 3 x 0.75 32 2 Very Good 45 90 85 None Adequate $0.00 2017 70 70 256,000$ 20 51,200$ 45 102,400$ -$ -$ 308,711$ 234,969$ 180,699$ 140,467$ 110,407$ 87,759$ 70,544$ M092C McCredie Road CP Collector 1 2.11 31 2 Very Good 30 90 85 None Adequate $0.00 2017 70 70 248,000$ 20 49,600$ 45 99,200$ -$ -$ 299,063$ 227,626$ 175,053$ 136,078$ 106,957$ 85,016$ 68,340$ M098C Koabel Road RF Collector 1 2 31 3 Good 72 71 68 None Adequate $0.00 1950 25 25 248,000$ 50 49,600$ 75 99,200$ -$ -$ 325,823$ 270,575$ 226,959$ 192,056$ 163,767$ 140,568$ 121,337$ M106C Stanley Avenue RF Arterial 1 1.8 15 4 Good 76 75 72 None Adequate $0.00 1950 30 30 120,000$ 55 24,000$ -$ -$ -$ 121,566$ 102,915$ 87,354$ 74,325$ 63,381$ 54,161$ 46,372$ M107C Logan Road SSMP Unopened/Clay Road 1 1.2 9 1 Very Poor 48 46 41 Replace 100 NOW $69,000.00 1970 0 0 69,000$ 25 13,800$ 50 27,600$ -$ -$ 102,691$ 96,543$ 91,621$ 87,666$ 84,474$ 81,887$ 79,781$ M110C Ort Road CSP Unopened/Clay Road 2 0.9, 0.9 11 1 Poor 59 56 46 Replace 100 NOW $69,000.00 2007 0 0 69,000$ 25 13,800$ 50 27,600$ -$ -$ 102,691$ 96,543$ 91,621$ 87,666$ 84,474$ 81,887$ 79,781$ M112B Ort Road RF Collector 1 1 54 2 Very Poor 46 45 40 Replace 100 NOW $138,000.00 1950 0 0 138,000$ 25 27,600$ 50 55,200$ -$ -$ 205,381$ 193,085$ 183,242$ 175,331$ 168,947$ 163,773$ 159,563$ M113B Ort Road RF Collector 1 1.4 10 2 Good 72 71 68 None Adequate $0.00 1912 20 20 80,000$ 45 16,000$ 70 32,000$ -$ -$ 107,758$ 91,735$ 78,871$ 68,402$ 59,770$ 52,567$ 46,487$ M118C Weaver Road SSMP Arterial 1 1.6 21 3 Poor 59 52 37 Replace 100 NOW $184,000.00 1965 0 0 184,000$ 25 36,800$ 50 73,600$ -$ -$ 273,841$ 257,447$ 244,323$ 233,775$ 225,263$ 218,365$ 212,750$ M120C Miller Road SSMP Collector 1 2.95 42 3 Good 72 70 65 None Adequate $0.00 2009 25 25 336,000$ 50 67,200$ 75 134,400$ -$ -$ 441,437$ 366,585$ 307,493$ 260,205$ 221,878$ 190,447$ 164,393$ M122C Marshall Road CSP Local 2 1.6, 1.6 23 2 Good 75 75 70 None Adequate $0.00 1970 20 20 184,000$ 45 36,800$ 70 73,600$ -$ -$ 247,844$ 210,989$ 181,403$ 157,324$ 137,471$ 120,903$ 106,921$ M123B Marshall Road RF Local 1 2 16 2 Very Poor 40 39 34 Replace 100 NOW $138,000.00 1930 0 0 138,000$ 25 27,600$ 50 55,200$ -$ -$ 205,381$ 193,085$ 183,242$ 175,331$ 168,947$ 163,773$ 159,563$ M124B Marshall Road RF Collector 1 1.2 9 2 Good 72 71 68 None Adequate $0.00 1940 20 20 72,000$ 45 14,400$ 70 28,800$ -$ -$ 96,982$ 82,561$ 70,984$ 61,562$ 53,793$ 47,310$ 41,839$ M126C Marshall Road RF Collector 1 1.7 20 2 Good 71 71 68 None Adequate $0.00 1950 25 25 160,000$ 50 32,000$ 75 64,000$ -$ -$ 210,208$ 174,564$ 146,425$ 123,907$ 105,656$ 90,689$ 78,282$ M127C Marshall Road RF Collector 1 2.2 36 3 Fair 67 66 63 None Adequate $0.00 1960 20 20 288,000$ 45 57,600$ 70 115,200$ -$ -$ 387,929$ 330,244$ 283,935$ 246,246$ 215,173$ 189,240$ 167,355$ M130B Bossert Road RF Unopened/Clay Road 1 2.1 18 1 Fair 66 63 55 Patch Repairs 69 6-10 Years $57,500.00 1960 25 25 144,000$ 10 57,500$ 50 28,800$ 75 57,600$ -$ 243,890$ 209,162$ 181,328$ 158,686$ 140,010$ 124,405$ 111,217$ M132C Sherk Road RF Collector 1 2.1 24 3 Good 75 74 71 None Adequate $0.00 1960 35 35 192,000$ 60 38,400$ -$ -$ -$ 189,715$ 156,673$ 129,739$ 107,709$ 89,631$ 74,751$ 62,470$ M133B Sherk Road RF Collector 1 2.1 24 3 Fair 67 66 58 Replace 100 6-10 Years $230,000.00 1960 10 10 230,000$ 35 46,000$ 60 92,000$ -$ -$ 325,648$ 291,329$ 263,157$ 239,721$ 219,969$ 203,105$ 188,528$ M134C Sauer Road SSMP Arterial 1 1.5 22 3 Fair 62 61 56 Replace 100 6-10 Years $172,500.00 1968 10 10 172,500$ 35 34,500$ 60 69,000$ -$ -$ 244,236$ 218,497$ 197,367$ 179,791$ 164,977$ 152,329$ 141,396$ M135B Sauer Road RF Arterial 1 2.1 45 4 Good 74 73 70 None Adequate $0.00 1970 35 35 360,000$ 60 72,000$ -$ -$ -$ 355,715$ 293,761$ 243,261$ 201,954$ 168,058$ 140,159$ 117,131$ M136C Somerville Road RF Collector 1 2.4 37 3 Good 74 72 69 None Adequate $0.00 1970 30 30 296,000$ 55 59,200$ -$ -$ -$ 299,862$ 253,858$ 215,473$ 183,334$ 156,339$ 133,597$ 114,383$ M137B Somerville Road RF Collector 1 2.4 26 3 Good 72 71 68 Minor Maintenance 71 NOW $1,000.00 1950 20 20 208,000$ 45 41,600$ 70 83,200$ -$ -$ 280,171$ 238,510$ 205,064$ 177,845$ 155,402$ 136,673$ 120,867$ M138B Somerville Road RF Unopened/Clay Road 1 1.5 7 1 Good 74 73 68 None Adequate $0.00 1930 20 20 56,000$ 45 11,200$ 70 22,400$ -$ -$ 75,431$ 64,214$ 55,210$ 47,881$ 41,839$ 36,797$ 32,541$ M139B Morningstar Road RF Unopened/Clay Road 1 1.6 9 1 Very Poor 43 42 37 Replace 100 1-5 Years $92,000.00 1910 5 5 92,000$ 30 18,400$ 55 36,800$ -$ -$ 133,548$ 122,476$ 113,398$ 105,869$ 99,550$ 94,182$ 89,565$ M140B Morningstar Road RF Unopened/Clay Road 1 1.2 8 1 Good 74 73 68 None Adequate $0.00 1910 20 20 64,000$ 45 12,800$ 70 25,600$ -$ -$ 86,207$ 73,388$ 63,097$ 54,721$ 47,816$ 42,053$ 37,190$ M141C Morningstar Road CSP Unopened/Clay Road 2 0.9, 0.9 17 1 Very Poor 60 49 29 Replace 100 NOW $115,000.00 1980 0 0 115,000$ 25 23,000$ 50 46,000$ -$ -$ 171,151$ 160,904$ 152,702$ 146,109$ 140,789$ 136,478$ 132,969$ M142C Lapp Road CP Arterial 1 1.73 13 3 Very Good 46 90 85 None Adequate $0.00 2017 70 70 104,000$ 20 20,800$ 45 41,600$ -$ -$ 125,414$ 95,456$ 73,409$ 57,065$ 44,853$ 35,652$ 28,659$ M143C Baker Road CSP Collector 1 1.25 15 2 Good 78 70 60 None Adequate $0.00 1969 15 15 120,000$ 40 24,000$ 65 48,000$ -$ -$ 165,719$ 144,621$ 127,449$ 113,282$ 101,437$ 91,409$ 82,819$ M144B Baker Road RF Collector 1 2.4 27 3 Good 73 72 69 None Adequate $0.00 1960 25 25 216,000$ 50 43,200$ 75 86,400$ -$ -$ 283,781$ 235,662$ 197,674$ 167,275$ 142,636$ 122,430$ 105,681$ M145B Baker Road RF Collector 1 2.4 23 3 Good 76 75 70 None Adequate $0.00 1958 30 30 184,000$ 55 36,800$ -$ -$ -$ 186,401$ 157,804$ 133,942$ 113,964$ 97,184$ 83,047$ 71,103$ M146C McGarry Drive Culvert RB Collector 1 2.35 89 3 Good 74 73 72 None Adequate $0.00 2004 55 55 712,000$ 30 284,800$ -$ -$ -$ 786,407$ 623,212$ 496,145$ 396,821$ 318,867$ 257,432$ 208,808$ Total:19,779,500$ TOTAL:25,472,053$ 21,492,485$ 18,362,729$ 15,876,773$ 13,882,342$ 12,266,194$ 10,943,580$ Notes:Table 1: Unit Costs for Small Structures (Deck Area < 150m2)Total/75 years:339,627$ 286,566$ 244,836$ 211,690$ 185,098$ 163,549$ 145,914$ -BCV_000X, BCV_000XX, BCV_00167, BCV_00168, BCV_00213, BCV_00214, BCV_00217, and BCV_00218 added to Municipal Database in 2021 Replacement Cost (sq.m): $ 8,000 (75 Year life for replacement) -50 year service life generally assumed for CSP/SSMP type structures Major Rehab Cost (sq.m): $ 3,200 (Year 50 from construction) -M017C was rehabilitated in 2021 (guide rail) Minor Rehab Cost (sq.m): $ 1,600 (Year 25 from construction) -Previous BCI is typically from 2018 (or earlier when on a 4+ year inspection cycle)Draft DocumentPage 143 of 143Page 245 of 751 PBD-2022-18 Report Report to: Mayor and Council Date: March 22, 2022 Title: City of Niagara Falls Housing Directions Study Phase 2: Housing Strategy Recommendation(s) 1. That Council receive the presentation regarding the City of Niagara Falls Housing Strategy attached as Appendix I. 2. That Council endorse the Strategy and direct staff to begin its implementation through an Official Plan Amendment including consultation with the community. Executive Summary The purpose of this report is to provide Council with the second phase of the City of Niagara Falls Housing Directions Study, the City`s Housing Strategy. The Housing Strategy which builds upon findings of the Housing Needs and Supply Report (Phase 1) recommends 21 actions that can be grouped under the following 6 themes: • Establish affordable housing targets. • Promote a greater diversity of housing types. • Ensure a healthy supply of rental units. • Increase public education and provide advocacy for partnerships. • Provide a variety of financial incentives to promote and facilitate the development of affordable and rental housing. • Monitor and report. The 21 actions set out in the Housing Strategy are a collection of policy directions, programs and tools that will work together in the short, medium and long term to help achieve the 40% affordability target recommended by Housing Needs and Supply Report and endorsed by Council in June 2021. Further, the Strategy will encourage, support and permit the development of a more diverse mix and range of housing options to meet the City’s current and future demand. Background The City of Niagara Falls has been undertaking a Housing Directions Study that provides a comprehensive understanding of the housing market and key housing issues to provide Page 1 of 68 Page 246 of 751 policy and strategic guidance on future ownership, rental and affordable housing initiatives in the City. More specifically, the Study has been assessing the City’s pr esent and future unmet housing demand, with an emphasis regarding the housing continuum, to deliver a housing strategy that provides a broad range of affordable housing options to meet the full spectrum of community needs. The Housing Strategy was sorely needed as the recent dramatic rise in home ownership prices, combined with increasing rents has put affordable housing increasingly beyond the reach of Niagara Falls’ service and hospitality sector workforce. Through PBD-2021-20, Council was presented with the results of the Housing Needs and Supply Report, which was the first phase of the Housing Directions Study. The Housing Needs and Supply Report recommended that the City set a 40% affordability target for all new housing. A 40% affordability target was chosen due to the large percentage of Niagara Falls` households in core housing need along with the City’s large service and hospitality sector workforce whose incomes are modest. A 40% affordability target would mean that 40% of all new built housing would be affordable to households annually earning $84,300 or less ($95,900 or less in 2021 dollars) and would translate into the construction of approximately 270 affordable housing units per year. Council endorsed the 40% affordability target and directed staff to proceed forward with the second phase of the Housing Directions Study, the Housing Strategy. The Housing Strategy offers short, medium and long term policy directions to help achieve the 40% affordable housing target. The Strategy also provides policies, programs and tools to encourage, support and permit the development of a more broad mix and range of housing options to meet current and future demand. Analysis Policy Context Housing is a Provincial interest and the Province provides strategic policy direction on housing to municipalities through both the 2020 Provincial Policy Statement and the 2019 Provincial Growth Plan. Both policy documents require that municipalities provide for an appropriate range and mix of housing options and densities to meet projected requirements of current and future residents. The provision of safe, affordable and adequate housing is a key component to ensuring the safety and quality of life for Niagara residents and the creation of complete communities. The new draft Regional Official Plan provides housing policies that encourage diversity in housing type, size and tenure, in alignment with the Region’s Housing and Homelessness Action Plan as well as the Plan`s growth management objectives, targets and policies. Page 2 of 68 Page 247 of 751 Within a two-tier system, local municipalities have the responsibility to ensure that all available planning tools are in place to support affordable housing opportunities. The City’s Housing Strategy will need to align with Provincial and Regional priorities. Housing Affordability and Core Housing Need Through its new draft Official Pan, Niagara Region has allocated a population forecast of 141,650 people to the City. This population allocation will require 20,220 new units of housing to be built, an average of 674 housing units constructed annually from 2021 to 2051. Niagara Region also through its new Plan is requiring that a minimum of 20% of all housing built annually within the Region be considered affordable. Affordable is defined as shelter costs such as mortgage, rent payments, property taxes and utility costs t hat amount to less than 30% of the annual household income for low (i.e. households with total annual earnings of less than $45,300) and moderate income households (i.e. households with total annual earnings of $45,300 to $95,900). Please note that the household income ranges reported in PDS 2021-30 of low income ($39,800 or less) and medium income ($39,800 to $84,300) have been updated for inflation to a 2021 income range of low income ($45,300 or less) and medium income ($45,300 to $95,900). A household is considered to be in core housing need if the dwelling is too expensive given the household budget (more than 30% of total household income), if the dwelling does not meet the household’s need or is in a major state of disrepair and there is no alternative housing that could be found within its budget. Analysis performed in the Housing Needs and Supply Report indicates that there are 5,770 rental households (57% of all rental households) and 5,935 owned households (23% of all owned households) in core housing need. Of the three housing need indicators, for both owned and rented dwellings, the "affordability" indicator is the one that is more prevalent (47.4% of all rented households and 23.1% of all owned households). 40% Affordable Housing Target and the Housing Strategy Taking into consideration the large percentage of households in core housing need along with the City’s large service and hospitality sector workforce whose incomes are modest, the Housing Needs and Supply Report recommended that the City set a 40% affordability target for all new housing. A 40% affordability target would mean that 40% of all new built housing would be affordable to households annually earning $95,900 or less and would translate into the construction of approximately 270 affordable housing units per year. Building on the findings of the Housing Needs and Supply Report, the Strategy in the form of 21 recommended actions grouped into 6 themes and outlined below is the blueprint that the City must follow to help address its housing needs and gaps. Page 3 of 68 Page 248 of 751 Theme 1: Establish affordable housing targets • Update the City`s Official Plan to include affordable housing target(s). • Update the City`s Official Plan to include a framework for achieving the housing target(s). Theme 2: Promote a greater diversity of housing types • Support and permit higher density types of housing. • Support and permit alternate forms of housing. • Provide opportunities for the creation and ongoing monitoring of second units. Theme 3: Ensure a healthy supply of rental units • Preserve existing purpose built rental housing stock through the introduction of demolition and conversion control policies. • Undertake a formal assessment of the potential to introduce Inclusionary Zoning. • Explore the formalization of the use of motels as long term stay accommodation. Theme 4: Increase public education and provide advocacy for partnerships. • Develop an understanding of upper level government housing programs (federal and provincial) • Clearly define the City`s role and responsibility in supporting housing affordability. • Develop a policy to review all surplus municipal land for housing suitability. • Create a database of non-profits and other community groups with land suitable for housing. • Explore private workforce housing for hospitality and tourism employees. • Create an affordable housing information online portal. • Reduce potential for NIMBYism associated with affordable housing projects. Theme 5: Provide a variety of financial incentives to promote and facilitate the development of affordable and rental housing. • Review possible exemption to City fees and property taxes to support new long term affordable housing. • Develop a City wide Community Improvement Plan for affordable rental housing. • Allocate appropriate staff resources to administer the Strategy and associated actions. Theme 6: Monitor and Report • Develop a monitoring program for the construction of second units. • Develop an annual housing and affordable housing monitoring report. • Review and update the Housing Strategy every 5 years. The 21 actions set out in the Housing Strategy are a collection of policy directions, programs and tools that will work together in the short, medium and long term to help achieve the 40% affordability target recommended by Housing Needs and Supply Report Page 4 of 68 Page 249 of 751 endorsed by Council in June 2021. Further, the Strategy’s actions will encourage, support and permit the development of a more diverse mix and range of housing options to meet current and future demand. Public and Stakeholder Engagement To date, consultation has followed three different avenues. Sixteen interviews with a variety of key stakeholders were conducted to better understand the current state of housing in the City. Key stakeholders interviewed included Region and City staff, nonprofit housing providers, local developers and members of the Niagara Falls Chamber of Commerce and Niagara Association of Realtors. Second, a community survey was conducted to obtain a broad community perspective on housing issues in Niagara Falls and to supplement key stakeholder interviews. The survey was available to the public between April 6 to April 27, 2021 on the City’s Let’s Talk Platform and a total of 385 complete responses were received. Finally, the Housing Directions Study has been guided by a Technical Advisory Committee composed of Councilors, City and Regional staff, other technical experts, and key community representatives who have reviewed all research material and have provided guidance and feedback on results to date. The development of the implementing OPA Phase 2 will necessitate, broad consultation with the public through open houses and a statutory public mee ting. Relationship to Ontario Housing Affordability Task Force (OHATF) In February 2022, the Ontario Housing Affordability Task Force released a report detailing a number of action items to assist in addressing housing affordability and getting more homes built, including a target of 1.5 million homes constructed in the next ten years. The OHATF places a significant focus on building new ownership housing, but does not include many actions oriented toward addressing gaps in the rental market through th e creation of new purpose built rental dwellings as the City’s Housing Strategy does. In the end, the City's Housing Strategy has a number of actions and recommendations that are in alignment with the OHATF report, though there are some areas where the OH ATH report has remained silent, where the City's Strategy has taken a stronger focus in terms of actions based on the technical research completed namely the urgency to focus on meeting specific rental housing needs to address Niagara Falls’ unique issues. Next Steps Upon Council’s endorsement of this report, the Strategy will enter the implementation phase which entails the drafting of an amendment to the City’s Official Plan to include the 40% housing affordability target and framework on how to achieve it.(i.e. Theme 1) The proposed amendment will also include requirements for development applications Page 5 of 68 Page 250 of 751 to demonstrate how proposals would contribute to achieving the target as well as additional policies that would be geared towards incentives and monitoring. This next step will necessitate broad consultation with the public and stakeholders through open houses and a statutory public meeting. Financial Implications/Budget Impact The Housing Directions Study is being funded through the 2022 Council appro ved Planning operating budget. There are no direct financial implications arising from this report. Strategic/Departmental Alignment A Housing Directions Study and the development of a Housing Strategy are consistent with the City’s strategic priority of Diverse and Affordable Housing. List of Attachments Appendix 1 - City of Niagara Falls Housing Strategy - Feb 2022 Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Brian Dick, Manager of Policy Planning Approved - 15 Mar 2022 Kira Dolch, Director of Planning, Building & Devlopment Approved - 15 Mar 2022 Jason Burgess, CAO Approved - 16 Mar 2022 Page 6 of 68 Page 251 of 751 1 1 THE CITY OF NIAGARA FALLS HOUSING STRATEGY HOUSING STRATEGY JANUARY 2022 IN ASSOCIATION WITH TIM WELCH CONSULTING APPENDIX 1 Page 7 of 68Page 252 of 751 ii TABLE OF CONTENTS 1 INTRODUCTION 1 1.1 Background 1 1.2 Project Process 3 1.3 Purpose of this Report 5 1.4 Report Organization 5 2 Summary of Key Findings 6 2.1 What We Heard – Engagement Summary 6 2.1.1 Stakeholder Interviews 6 2.1.2 Public Survey 8 2.2 Key Recommendations of the Housing Needs and Supply Report 9 2.3 Themes for the Housing Strategy 10 3 VISION AND GOALS 12 3.1 Vision Statement 12 3.2 Goals 12 4 THEMED STRATEGY 13 4.1 Establish Affordable Housing Targets 13 4.1.1 Overview 13 4.1.2 Affordability in Niagara Falls 16 Rental Affordability 16 Page 8 of 68Page 253 of 751 iii Ownership Affordability 17 4.1.3 Affordability Target 21 4.1.4 Actions 22 4.2 Promote a Greater Diversity of Dwelling Types 24 4.2.1 Overview 24 4.2.2 Actions 26 4.3 Ensure a Healthy Supply of Rental Units 29 4.3.1 Overview 29 4.3.2 Actions 30 4.4 Increase Public Education and Provide Advocacy for Partnerships 38 4.4.1 Overview 38 4.4.2 Actions 39 4.5 Provide a Variety of Financial Incentives to Promote and Facilitate the Development of Affordable and Rental Housing 44 4.5.1 Overview 44 4.5.2 Action 44 4.6 Monitor and Report on an Ongoing Basis to Measure the Efficacy of Implementation of the Housing Strategy, Address Emerging Housing Needs and Ensure Actions are met Within the Stated Timeframes 47 4.6.1 Overview 47 4.6.2 Actions 47 5 ACTION PLAN 50 Page 9 of 68Page 254 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 1 1 INTRODUCTION 1.1 Background While each community throughout North America is unique, having their own distinct identity, the provision of housing that meets residents’ lifestyle and budget needs is becoming increasingly difficult. The Federal Government and Province of Ontario have both, in recent years, acknowledged that the cost of owning and renting a home is becoming out of reach for many in what has been commonly referred to as the ‘housing crisis’. While housing has historically been acknowledged as a basic human right, there is now an increased knowledge of and emphasis on ensuring there is an appropriate supply of housing available within a community that is both adequate and affordable to citizens of all ages and income levels. Actions at the global, national, provincial and local levels are all required in order to ensure there is a balance and variety of interventions to address the housing crisis and ensure the appropriate supply is available. As the City of Niagara Falls looks forward to emerging from the impact of the COVID 19 global pandemic, housing affordability will continue to be a major issue facing the community. The recent dramatic increase in home ownership prices, combined with increasing rents beyond the reach of many of its large service and hospitality sector workforce poses a significant challenge that different levels of government, community organizations and the private sector must collectively work together to overcome. Housing, generally, can be thought of as existing along a continuum, where supply responds to the demands of a community and the market provides a broad variety of options for residents within a particular community. The housing continuum provides a way to understand housing affordability in Canada and is described as the full range of housing options an individual may need over a lifetime and includes emergency housing, social housing, affordable rental housing, affordable ownership housing, market rent al housing and market homeownership. Municipalities have opportunities to provide tools and incentives to address issues along the continuum. Page 10 of 68Page 255 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 2 Within a two-tier system, lower-tier municipalities have the responsibility to ensure that all available planning tools are in place to support affordable housing opportunities and that policy is consistent with the Provincial Policy Statement, Provincial Growth Plan and the Regional Official Plan. As the pressure for action on meeting affordable housing needs has increased, many lower tier municipalities have recently begun to take a wider array of actions and initiatives to help with the creation of new affordable housing. Municipalities have opportunities to provide tools and incentives to address issues along the continuum. In recognition of the growing issues respecting housing availability and affordability in the City of Niagara Falls and the need to address the issues th rough the consideration of future development, the consulting team of Dillon Consulting Limited (Dillon) and Tim Welch Consulting Inc. (TWC) were retained by the City in order to provide a strategy to address the City’s issues around housing. The Housing Strategy presented herein is intended to provide a range of actions intended to address the City’s housing needs along the housing continuum. Page 11 of 68Page 256 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 3 1.2 Project Process The project is organized into two phases of work, as illustrated below: Page 12 of 68Page 257 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 4 Since initiation of the Project in November of 2020, the project team has conducted the following:  Initiation of a Technical Advisory Committee (TAC), comprised of representatives from City Planning and Economic Development; Regional Planning; Regional Housing; the Chamber of Commerce; the real estate industry; the homebuilding and development industry; and, the not-for-profit housing sector. The intent of the TAC, and its selected membership, was to serve as technical experts and as a sounding board for the findings of the technical background work and recommendations for the Housing Strategy. The TAC has met three (3) times throughout the duration of th e project;  Completion of stakeholder interviews (virtual) and an online survey to better understand local housing perspectives, needs, gaps and opportunities to be addressed through the development of a Housing Strategy;  Technical analysis of housing-related data to understand the current state of housing supply and need in the City, which was incorporated into the Housing Needs and Supply Report; and,  Presentation of the Housing Needs and Supply Report to Council for preliminary feedback and endorsement of the recommendations to proceed forward with developing the Housing Strategy. Page 13 of 68Page 258 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 5 1.3 Purpose of this Report The purpose of this Report is to build upon the Key Findings and Recommendations identified through Phase 1 of the Project by providing a Housing Strategy with specific actions and timelines for implementation in order to address identified housing issues in the City. 1.4 Report Organization This Strategy is organized in the following sections:  Section 1 provides an overview of the Housing Strategy and its purpose  Section 2 provides a summary recap of the Phase 1 findings for background context and to frame the Strategy;  Section 3 outlines the Vision, Principles and Goals of the Strategy;  Section 4 outlines the objectives of each of the six (6) themes and their associated actions; and,  Section 5 contains the Action Plan which includes a summary of the actions by theme areas; links to the goals of the strategy; responsibility; and, timeframe for implementation. Page 14 of 68Page 259 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 6 2 Summary of Key Findings 2.1 What We Heard – Engagement Summary Stakeholder interviews and an online public survey were conducted as part of Phase 1 of the Housing Directions Strategy to ob tain on-the-ground insight on housing issues specific to the Niagara Falls context from local experts and the public. Key takeaways from each are presented below. A more detailed description of findings can be found in Section 6 of the Housing Needs and Supply Report. 2.1.1 Stakeholder Interviews Sixteen (16) semi-structured interviews were conducted with 21 local and regional stakeholders representing public, private, and non- profit sectors. The following key takeaways were derived from those discussions:  Housing affordability should be defined as housing that costs 30% or less of income, though this may still be too high for low- income households;  It is important to tie affordability to income and wages in the hospitality, tourism, and service sectors;  Demand for single-detached homes is predominant, though there is increasing demand for higher-density housing  Singles, single-parent households, and those working in tourism, hospitality, and agriculture are in greatest need of housing  Barriers to providing more affordable housing include: o Expensive land; o Stringent environmental regulations; o Restrictive zoning; o Limited transit network; Page 15 of 68Page 260 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 7  Opportunities to provide more housing that is affordable to residents at various stages of life and incomes include: o Availability of significant supply of serviced greenfield areas in the City; o Introducing more flexible zoning for higher-density and mixed-use housing; o Implementing an Inclusionary Zoning by-law; o Leveraging surplus municipal land for affordable housing sites; o Partnerships between public, private, and non-profit groups; o Improved intra- and inter-City transit; and,  Incentives to reduce capital costs will likely be necessary to encourage the creation of affordable housing; these include waiving or deferral of planning fees and/or development charges, property tax exemptions/rebates/deferrals, reducing or waiving parking requirements, receiving serviced municipal land and low/no cost, and expediting the approvals process . Page 16 of 68Page 261 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 8 2.1.2 Public Survey Four hundred and forty-eight (448) respondents answered at least one survey question. Of these, 385 responses were deemed complete (86%). The following key takeaways were derived from the survey results:  Many respondents live in precarious housing situations; survey responses reflected fear, frustration, and hopelessness regarding affordable housing in Niagara Falls  Seventy percent (70%) of respondents reported paying more than 30% of their pre-tax income for housing. This includes 26% that pay more than 50% of their pre-tax income for housing1.  The definition of affordability should be income based; 30% or less of income is generally considered affordable  Affordability should be considered based on type of income, for example, minimum wage earners or those on fixed incomes (OW, ODSP, pensions)  The unhoused, those requiring mental health support, seniors, and single-parent families are in greatest housing need  Residents think there is a greater role for the municipality in providing affordable housing, either by building it directly, 1 It is unclear from the data if renters who responded to the survey are more significantly burdened than owners. Page 17 of 68Page 262 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 9 providing land or grants for affordable housing developments, and reducing municipal fees for affordable housing developments  Other opportunities for affordable housing include amending zoning by-laws to allow higher-density housing and/or smaller minimum lot sizes, introducing an inclusionary zoning by-law, and/or lowering property taxes. 2.2 Key Recommendations of the Housing Needs and Supply Report The key findings of the technical analysis formed the basis of the following recommendations for the Housing Strategy:  Establish Goals and objectives for housing with associated short, medium and long term actions to achieve the goals and objectives and, ultimately, address the City’s housing needs along the continuum; and,  Develop actions to ensure the City is able to respond to the housing needs of residents at all stages of the housing continuum including: o Supporting and permitting higher-density types of housing; o Supporting and permitting alternate forms of housing; o Strengthening the City’s secondary suite policy framework; o Strengthening conversion and demolition control policies; o Establishing affordability thresholds and targets; and, o Aligning local Official Plan housing policies with the Region’s housing policies to be introduced through the New Regional Official Plan. Additional details associated with the above noted recommendations is provided in the following section. Page 18 of 68Page 263 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 10 2.3 Themes for the Housing Strategy Building on the findings of the Housing Needs and Supply report, t his Strategy provides the blueprint for the actions the City will need to implement to address the City’s housing needs and gaps. The Strategy includes a total of 21 recommended actions to be taken by the Municipality which are grouped into the following 6 themes: Theme # 1 Establish Affordable Housing Targets to set the City up for success to meet their affordable housing goals Theme # 2 Promote a Greater Diversity of Housing Types to ensure there is a diversity of housing options available to meet the needs of the City’s diverse residents Theme # 3 Ensure a Healthy Supply of Rental Units to provide a range and mix of rental options for Niagara Falls residents now and into the future Theme # 4 Increase Public Education and Provide Advocacy for Partnerships to make sure everyone – from residents, to developers, to City staff - understands the role they can play in addressing housing issues Page 19 of 68Page 264 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 11 Theme # 5 Provide a Variety of Financial Incentives to promote and facilitate the development of affordable and rental housing Theme # 6 Monitor and Report on an ongoing basis to measure the efficacy of implementation of the Housing Strategy, address emerging housing needs and ensure actions are met within the stated timeframes Page 20 of 68Page 265 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 12 3 VISION AND GOALS This section provides a summary of the vision and goals for the Housing Strategy. These are intended to be general, guiding principles to inform the various themes and actions. The vision and goals were informed by Provincial, Regional and local policies and directions respecting housing; the findings from the Housing Needs and Supply Report; and, the results of the engagement completed in Phase 1. 3.1 Vision Statement The vision statement is intended to capture the backbone of the Strategy and be a succinct reminder of the vision for the actions and their ultimate implementation throughout the City. The vision the Strategy aims to achieve is: All residents in the City have safe, stable and appropriate housing to meet both their physical and financial needs throughout the various stages of life. 3.2 Goals The five (5) goals of the Strategy are as follows: Goal #1 Ensure housing is available throughout the City to meet the varying financial needs of existing and future residents. Goal #2 Diversify the City’s housing supply to include a wider range of price points; mix of housing types and densities; and, a range of options for housing tenure (rental and ownership). Goal #3 Remove Barriers to the creation of a range and mix of housing types, including alterna tive forms of housing throughout the City. Goal #4 Develop an understanding of the City’s housing system moving forward through continuous and ongoing comprehensive data collection, monitoring and reporting. Goal #5 Cultivate and maintain strong relationships with regional and municipal partners, other levels of government, the private sector, and not-for-profit sectors to advance the various actions set out in the Housing Strategy Page 21 of 68Page 266 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 13 4 THEMED STRATEGY As noted in Section 1.4, through the background research conducted as part of this Study, a number of key theme areas of focus to address the City’s Housing Needs emerged. Within these themes, a range of opportunities and actions for the City to implement have been identified. This section outlines the theme-based strategic actions for the City’s Housing Strategy. 4.1 Establish Affordable Housing Targets 4.1.1 Overview There are many different ways of defining affordable housing. Definitions that exist in provincial laws may differ from definitions used in federal housing programs. For many people, there is a very personal definition of affordability based on their own incomes. The Niagara Falls Official Plan (OP, 2019 office consolidation) provides the following definition for “affordable housing”: a) in the case of ownership housing, the least expensive of: i. housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross annual household income for low and moderate income households (as defined in the Provincial Policy Statement); or ii. housing for which the purchase price is at least 10 percent below the average purchase price of a resale unit in the regional market area (as defined in the Provincial Policy Statement); Page 22 of 68Page 267 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 14 b) in the case of rental housing, the least expensive of: i. a unit for which the rent does not exceed 30 percent of gross annual household income for low and moderate income households (as defined in the Provincial Policy Statement); or ii. a unit for which the rent is at or below the average market rent of a unit in the regional market area (as defined in the Provincial Policy Statement). The Provincial Policy Statement (PPS, 2020) provides the following definition of “low and moderate income households”: a) in the case of ownership housing, households with incomes in the lowest 60 percent of the income distribution for the regional market area; or b) in the case of rental housing, households with incomes in the lowest 60 percent of the income distribution for renter households for the regional market area. The PPS also provides the following definition of “regional market area”: a) An area that has a high degree of social and economic interaction. The upper or single- tier municipality, or planning area, will normally serve as the regional market area. However, where a regional market area extends significantly beyond these boundaries, then the regional market area may be based on the larger market area. Where regional market areas are very large and sparsely populated, a smaller area, if defined in an official plan, may be utilized. Page 23 of 68Page 268 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 15 The 60th percentile for household incomes in Niagara Falls was $68,000 to $84,300 in 2015. Taking inflation into account, the 60th percentile in 2021 is approximately between $77,800 and $95,9002. The Niagara Region Housing and Homelessness Action Plan (HHAP) identifies an affordable housing need for low- and moderate-income households based on 2016 data, defined as follows: Low Income Household  A household in the 1st, 2nd, or 3rd income decile. The Niagara Housing Statement identifies low-income households in Niagara as those with total annual earnings of less than $39,800. Moderate Income Household  A household in the 4th, 5th, or 6th income decile. The Niagara Housing Statement identifies moderate income households in Niagara as those with total annual earnings of $39,800 to $84,300. Updated these numbers to reflect 2021 incomes, a low-income household would have total annual earnings of $45,300 or less and moderate-income households would have total annual earnings of $95,900 or less. Affordability targets presented in Section 3.1.3 and recommended to be implemented as part of Action # 1 are based on these updated 2021 income levels. 2 2021 numbers were calculated by multiplying the 2016 data by the change in the Consumer Price Index (CPI) from 2016 to 2021: 13.75% Page 24 of 68Page 269 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 16 4.1.2 Affordability in Niagara Falls Rental Affordability Table 3-1 presents the average market rent for one- and two-bedroom units in the St. Catharines-Niagara regional market area in October 2020. These rents are considered affordable based on the definition of affordable rental in the Niagara Falls Official Plan. Table 3-1: Affordable Rental Prices (Source: CMHC) Unit Type 100% Average Market Rent 80% Average Market Rent 1 Bedroom $958 $766 2 Bedrooms $1,141 $913 Table 3-2 presents affordable rents at 30% of annual household income for the bottom 60th income percentiles. Based on the above, an average one-bedroom unit would be affordable to a household earning $38,300 per year and above at 100% AMR and $30,640 per year at 80% AMR. An average two-bedroom unit is affordable to households earning $45,640 and above at 100% AMR and $36,520 and above at 80% AMR. Average rents are therefore not affordable to low-income households with annual incomes of $30,640 or less. Table 3-2: Affordable Rental Prices based on Annual Income Annual Household Income (2021) Affordable Monthly Rent $95,900 and above $2,400 $77,900 and above $1,950 $60,000 and above $1,500 $45,700 and above $1,141 (2-bdrm, 100% AMR) $45,300 and above $1,140 $38,300 and above $958 (1-bdrm, 100% AMR) $36,600 and above $913 (2-bdrm, 80% AMR) $30,700 and above $766 (1-bdrm, 80% AMR) Page 25 of 68Page 270 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 17 Ownership Affordability Table 3-3 presents the annual household income required for the average price of a house to be considered affordable by the definition in the Official Plan. The household incomes are significantly above the definition of low- to moderate-income households. Table 3-3: Affordable Ownership Prices based on Annual Income Price Indicator Market Price Annual Household Income Required Affordable Price (90% of Market Price) Annual Household Income Required Average MLS HPI- Niagara Region (2021) $648,967 $124,606 $584,070 $112,145 Average MLS HPI- City of Niagara Falls (2021) $595,100 $114,263 $535,590 $102,837 Average Cost of New Build- bottom 20th percentile (2020) $560,000 $107,524 $504,000 $96,771 Average Cost of New Builds- All (2020) $650,619 $124,923 $585,557 $112,435 Table 3-4 presents what would be considered affordable ownership prices for income levels up to $95,900. It should be noted that a household earning under $30,000 annually is very unlikely to qualify for a mortgage without a wealthier guarantor. It is also important to note that, in relation to the price indicators set out in Table 3-3, homeownership options are limited for households earning $95,900 or less given the average selling price for both the City and the Region and the average cost of new builds far exceeds the upset limits for homeownership within these deciles. Further, given that the median household income in the City of Niagara Falls is $69,077 (2021 estimate3), a significant proportion of the City’s residents would not be able to afford to purchase the average home. 3 Median household income (2016 Census): $60,727 multiplied by CPI of 13.75% Page 26 of 68Page 271 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 18 Table 3-4: Affordable Ownership Prices for Income Levels up to $95,900 Annual Household Income Affordable Ownership $95,900 and above $499,500 $77,900 and above $405,300 $60,000 and above $312,300 $45,300 and above $235,800 In order to provide greater context to bridge the gap between the 2016 Census data with 2021 values, as well as understand affordability by specific built form type and potential challenges in meeting targets, the consulting team conducted an addit ional analysis of affordability by type. Table 3-5 provides this comparison of affordable ownership prices based on Niagara Region income deciles to HPI prices in Niagara Region. The green check marks indicate when a specific built form type would be affordable to a specific income bracket, while the red “x” symbols indicate that that built form type is not affordable to a specific income bracket. Page 27 of 68Page 272 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 19 Table 3-5: Affordable House Prices According to Niagara Region Income Deciles and Compared to Niagara Falls House Prices Data Source: CANCEA, CREA, Bank of Canada, Niagara Association of REALTORS Page 28 of 68Page 273 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 20 Assumptions:  25-year mortgage  20% down payment  4.79% interest rate Definitions:  Composite: Benchmarks and indices within the “Composite” category represents all homes used in models, including One- and Two-storey single family homes, Townhouses and Apartments. Accordingly, the Composite index includes both attached and detached homes within One- and Two-storey single family homes.  Single-Family: Benchmarks and indices for “Single family homes” are generated as a composite of One- and Two-storey single family homes  One-Storey: A property with one floor above ground. This type of property does not differentiate between attached and detached homes  Two-Storey: A property with two, or more, above ground floors. This type of property does not differentiate between attached and detached homes.  Townhouses: Townhouses have configurations which lay between apartment units and freehold non strata buildings, such as bungalows and two-storey houses.  Apartment: Apartment units are characterized by being part of a multi-unit building. This category includes single level apartment, multi-level apartment, loft, penthouse, duplex, triplex, and studio suite. Based on the more detailed analysis, this means that within the context of the City of Niagara Falls, ownership options only become affordable to residents with household incomes of $95,900 or more on an annual basis (this is considered a moderate income decile). In this instance, the apartment built form would be an affordable ownership option. A broader range of options in terms of built form becomes more attainable for high income earners; however, the price of a single-family home is out of reach except for high-income households earning $139,100 or more per year unless they had a down payment greater than 20% or spent more than 30% of their income on housing costs. Page 29 of 68Page 274 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 21 4.1.3 Affordability Target Affordability targets are important goals and a key measure to track in terms of progress towards meeting housing needs in Niagara Falls. Achieving those goals can be very challenging, but targets are put in place as a recognition that significant actions need to be taken by all levels of government, private builders, and the not-for-profit sector in order to meet the real needs in the City. Based on projections, it is expected that 20,220 new resident ial units will be built in the City between 2021 and 2051, an average of 674 units per year. It is recommended that the City of Niagara Falls set a target of 40% of the new housing (270 units per year) to be built be affordable to households earning $95,891 per year, meaning that the sale price would need to be at or below $499,440 for ownership options and $2,400 per month for rental options. As noted in the Housing Needs and Supply Report as well as in other sections of this Housing Strategy, the City will be faced with significant challenges in meeting the needs of res idents into the future if the majority of housing built continues to be in a low-rise, single-detached built form as this is not affordable to the average resident/ household. Further, given the definitions of affordability for the rental population, and the significant backlog of core housing need for existing rental households, it is important to set a sub-target for the percentage of new housing created that will be affordable to mostly rental households in core housing need (households spending more than 30% of their income on housing). Given the majority of households in core housing need are single persons and seniors, the City should set as an affordability target to have 20% of all new housing (135 units per year) be affordable rental of $968 per month or less (one-bedroom average rent or less). While it would be complex to have a further sub-goal, it would be important to have a significant portion of these units at an even lower rate or subsidized on a rent-geared-to-income basis or through a housing benefit in order to make the apartments affordable Page 30 of 68Page 275 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 22 to minimum wage earners, seniors receiving a basic pension or persons receiving social assistance. The City and housing providers should work with the Region of Niagara and other levels of government in order to access the needed rent subsidies for very low income households. As noted in the Housing Needs and Supply Report, it is important to acknowledge the positive relationship that currently exists between the Region and the City, with partnerships on the new Bridge Street Housing and Supportive Housing facilities; and, ongoing work on the Park Street Affordable housing project. It will be particularly important for the City and the Region to continue this level of information sharing and collaboration as the City implements the various recommendations and actions set out in this Strategy in order to maximize alignment of targets, processes, incentives and future initiatives at both the local and regional levels. While these targets are more aggressive than those proposed by the Region in their Draft New Official Plan, this is justified at the local level as the provision of these affordable rental units is important for economic development and employee retention given the prevalence of minimum-wage hospitality and tourist jobs in the City. The actions set out in Section 3.1.4 have been identified with the intent to establish in policy the appropriate targets and tools to assist the City in addressing housing affordability moving forward. 4.1.4 Actions Action #1: Update the City’s Official Plan to include the following Affordable Housing Target(s)  270 units per year to be built as affordable, with the following breakdown:  135 units per year to be built with a price at or below $499,440 in the case of ownership options; and, $2,400 for rental options  135 units per year to be built as rental units, with a rental price at or below $968 per month Page 31 of 68Page 276 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 23 Page 32 of 68Page 277 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 24 Action #2: Update the City’s Official Plan to include a framework for achieving the Affordable Housing Target(s) Action # 1 and Action # 2 will need to be implemented through a housekeeping amendment to the Official Plan , which should be brought forward by staff in the immediate term, and approved by Council within the next year. It should include requirements for development applications to demonstrate how proposals would contribute to achieving the target as well as additional policies that would be geared toward incentives and monitoring. Further discussions between the City project team and Consultant team will be required to determine the preferred approach to operationalizing the targets in policy as part of the OPA. 4.2 Promote a Greater Diversity of Dwelling Types 4.2.1 Overview Niagara Falls has a housing supply that offers a mix of low-, medium-, and high-density housing typologies, however, single-detached dwellings form the largest portion of housing, making up approximately two thirds of the housing stock. Apartments fewer than five storeys account for 13.1% of the housing stock, and apartments greater than five storeys account for only 4.0% of the housing stock. The trend toward low-density housing being the predominant form is likely to continue, given the anticipated Regional allocation of growth and housing mix assigned to Niagara Falls is 59% for singles/semis, 25% for row housing and 16% for apartment housing. In Niagara Falls, the average household size has been slowly but steadily decreasing, and one- and two-person households account for more than half (63.1%) of all households. With an aging housing stock that is two thirds comprised of single-detached dwellings, and an identified need to provide a wider mix of dwelling types to accommodate housing needs across the continuum, Niagara Falls will benefit from a planning framework that would diversify the housing supply and ultimately result in an increased proportion of medium- and high- density housing typologies. Page 33 of 68Page 278 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 25 In relation to the affordability targets set out in Section 3.1.3 (and Action # 1), it will be numerically impossible to achieve the target if the majority of new homes to come to market within the 2021 - 2051 period are single-detached and semi-detached, given that these built forms typically have a high purchase price that would not be considered “affordable” to those households earning $84,000 or less and in fact are only affordable to households earning $177,366 or more as shown in Table 3-5. This could ultimately lead to difficulties in providing an appropriate mix of housing across the continuum, especially given that the median household income for residents in the City is estimated to be $69,077. As a result, there is a need to ensure that the City is well-positioned to provide a greater variety of dwelling types, including medium density (e.g. townhouse, back-to-back townhouse) and high density (mid-rise and tall apartment, mixed use buildings with residential above ground-oriented retail/commercial) built forms that could be priced around the $280,000 to $395,000 range for ownership tenure and $968 to $2,108 range for rental tenure in order to provide options that would be more attainable and affordable to the average resident. Policies that only permit single detached dwellings in large portions of a community limit the availability of a mix of housing types and create homogenous neighbourhoods. A city that provides opportunities for a variety of dwelling types is best positioned to address the needs of the “missing middle”4 over the long term. The actions set out in Section 3.2.2 have been identified with the intent to address this. 4 The “missing middle” refers to households who earn too much to qualify for subsidized affordable housing, but also do not earn enough to afford the high cost of housing in Niagara Falls. The “missing middle” also refers to housing forms that are in -between high-density and low- density housing types (e.g. townhouses, stacked townhouses, back-to -back townhouses). It is not possible to achieve the targets if the majority of new homes to be developed are single and semi-detached. Page 34 of 68Page 279 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 26 4.2.2 Actions Action #3: Support and permit higher-density types of housing The Housing Needs and Supply Report found that low-density, single-detached housing made up a large portion of the housing supply in Niagara Falls, while overall, households are decreasing in size and there and there is an increasing need for more affordable housing units. High density housing is important to providing smaller and more affordable units in the form of mid-rise and tall apartment, and mixed use buildings with residential above ground-oriented retail/commercial. The Report also found that there was significant capacity in the City’s intensification areas, nodes, and corridors to accommodate medium and high density built forms. An appropriate intensification framework and phasing strategy between the Built Up Area and Designated Greenfield Area that unlocks intensification opportunities will assist the City in addressing housing need across the continuum and assist in the realization of a more diverse housing mix, while increasing opportunities broadly and addressing affordability, specifically. This action was also identified by survey respondents who noted that amending the zoning by-laws to support higher-density housing types of housing is an important action to address affordable housing needs. This Action should be implemented as part of the City’s Official Plan Review/ Regional conformity exercise, over the medium term, within the next 3-5 years. Page 35 of 68Page 280 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 27 Action #4: Support and Permit Alternate Forms of Housing The Housing Needs and Supply Report found that alternate forms of housing such as second suites, tiny homes, laneway housing, and shared housing/congregate living provide efficient opportunities for increasing the diversity of dwelling types and for increasing affordable housing options. Stakeholders engaged noted that high land prices in the City make development expensive and there is an opportunity to use land more efficiently, through the introduction of housing typologies that would be developed on smaller lots or with less traditional building materials, which would reduce costs so long as there were no onerous process associated with receiving approvals (e.g. these could develop as-of-right vs. having to go through a zoning by-law amendment process). The opportunity for alternate forms of housing can be limited by zoning regulations and/or policy. In order to support and permit alternate forms of housing, the City will need to ensure there is a policy framework in place to allow this type of housing. This action should be implemented as part of the City’s Official Plan Review/ regional conformity exercise by applying a flexible policy framework that would allow for the creation of alternative forms of housing; and, through implementing zoning regulations as part of a Comprehensive Zoning By-law (CZBL) process that would facilitate the creation of these units. The Official Plan Review/ Regional conformity exercise should be completed over the medium term, within the next 2 -4 years, while the CZBL should commence immediately following the conclusion of the Offic ial Plan Review/ Regional conformity exercise. Page 36 of 68Page 281 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 28 Action #5: Provide Opportunities for the Creation and Ongoing Monitoring of Second Units5 Secondary units provide efficient opportunities for affordable housing options within existing dwellings and within already developed areas and areas where new developments will take place. They also increase the supply of market and affordable rental housing by providing more diverse housing options. Because of this, they are one way to ensure the provision of “missing middle” housing. The Planning Act6 requires Official Plan policies to authorize secondary suites, and zoning by-laws to permit and set standards for secondary suites. Permissions and standards for secondary suites are therefore required more broadly for conformity purposes with the Planning Act. The Housing Needs and Supply Report found that there is significant potential for the introduction of second units among the City’s existing housing stock, with potential ranging between 476 and 4,764 units in the BUA depending on the assumption factor applied. Stakeholder feedback and input noted that policies that clearly establish the permissions for second suites, accompanied with the appropriate regulatory framework is a key action to address affordable housing need in Niagara Falls. The background research also found that the City currently does not track or monitor the number of existing second units, and there is a gap in the planning framework for second units, therefore, estimating both the current secondary suites within the BUA as well as the potential for future second suites throughout the BUA and DGA is difficult. Moving forward, tracking and monitoring secondary suites is an important action the City can take to understand the current and future potential for secondary suites (see Action # 19 of this Strategy). 5 Second units is the general term used throughout this document to refer to secondary suites and additional dwelling units 6 The Planning Act refers to these units as “additional residential units” and requires municipalities to contain policies authorizing the use of two residential units in a detached house, semi-detached house or rowhouse; and, the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse Page 37 of 68Page 282 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 29 The Region of Niagara encourages second units and provides up to $25,000 of funding for the creation of secondary suites through the Niagara Renovates Program. As part of a more comprehensive Community Improvement Plan (CIP), the City could introduce incentives for the creation of second suites. In the near-term, policies to permit second units in accordance with the Planning Act should be implemented as part of a housekeeping amendment to the Official Plan which should ultimately be approved by Council within the next year. The appropriate regulatory framework7 should be implemented in the short-term, as part of a housekeeping Zoning By-law Amendment, following approval of the housekeeping amendment. In the medium-term, the City should develop a formal program for encouraging, incentivizing, monitoring and tracking second suites, and explore opportunities to provide incentives for the creation of new second suites. This will require additional staff resources in both planning and by-law enforcement to ensure there is appropriate ongoing tracking, monitoring and enforcement. 4.3 Ensure a Healthy Supply of Rental Units 4.3.1 Overview Rents in Niagara Falls have been steadily increasing in recent years. Rising rents in excess of inflation may in part be due to low supply of rental housing in Niagara Falls. A vacancy rate of 3% is generally considered to be an acceptable balance between the supply and demand for rental accommodation by housing analysts. Vacancy rates below this can drive up rents as tenants compete for fewer units. Based on the most recent rental market survey conducted by CMHC in October of 2020, the City’s overall vacancy rate is 2.4%. Vacancy rates in Niagara Falls have consistently been below this 3% threshold and, in the case of one-bedroom units, sometimes dramatically so. 7 This could include regulations that provide flexibility in order to maximize the number of units of safe, legal second units Page 38 of 68Page 283 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 30 Ultimately, the findings of the Housing Needs and Supply Report indicate there will be an increasing need to provide a range and mix of rental options for Niagara Falls residents now and into the future. With a limited supply of rental units, increasing rents, and a low vacancy rate, the City of Niagara Falls will benefit from an increased supply of rental housing stock. The actions set out in Section 3.3.2 have been identified with the intent to support this. 4.3.2 Actions Action #6: Preserve existing purpose-built rental housing stock through the introduction of demolition and conversion control policies as well as a rental replacement by-law Rental housing is an important part of the housing continuum , and it helps meet the diverse needs of residents throughout Niagara Falls. In Niagara Falls, about 28% of households rent their homes, and this number is continuing to grow. The issue of household affordability among rental households is apparent in the City, with 47.4% of all rental households indicating that they are spending 30% or more of their income on household costs. In contrast, 17.6% of all owned households indicated they were spending 30% or more of their income on household costs. The Housing Needs and Supply Report identified that the overall rental vacancy rate in the City is below the 3% threshold8 and has been below this level for at least five years. The local and Regional planning policy currently does not permit conversion of existing rental units to condominium tenure where the vacancy rate is below 3%, which is a positive step and provides a good foundation to retain existing rental units. The Region has taken this a step further in their draft New Official Plan, which includes a new policy respecting conversions that would require demonstration that a vacancy rate above 3% for the three preceding years prior to allowing a conversion to occur. The current framework in the City does not provide direction to protect the demolition of rental buildings and replacement of rental units. The City will have to incorporate the appropriate conversion policy through a conformity amendment following the completion of the Region’s MCR. 8 According to the Canada Mortgage and Housing Corporation (CMHC), a vacancy rate of 3% or higher is cons idered to be healthy. Protecting existing rentals from being demolished or converted into condos; and, providing for the replacement of rental units is a critical action to ensure that the existing rental stock does not erode over time. Page 39 of 68Page 284 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 31 As the City intensifies through infill redevelopment within the Built-up Area, there is a possibility that existing rental buildings may be purchased by developers as part of land consolidation for site redevelopment; and, should this occur it could result in the l oss of existing rental units without guarantee of their replacement. Protecting existing rentals from being demolished or converted into condos; and, providing for the replacement of rental units is a critical action to ensure that the existing rental stock does not erode over time. This is important to provide residents with diverse housing options that meet their household size and income. This Action will need to be supplemented by additional best practice research respecting how other jurisdictions have implemented rental demolition and con version control regulations, and introduced as part of the City’s Official Plan Review/ Regional conformity exercise, over the medium term, within the next 3-5 years. It will also require additional staff resources in planning and or the retention of outside consultants to support the background research and development of the implementation tools. Action #7: Undertake a formal assessment of the potential to introduce Inclusionary Zoning Inclusionary zoning (IZ) is a municipal policy tool that mandates or incentivizes developers to provide affordable housing within new market -rate developments. In most cases, the number of affordable units are provided as a percentage of the total number of units in the development. Municipalities sometimes provide incentives to developers to assist in offsetting the cost of providing affordable units. Potential incentives include (but are not limited to) density bonuses, expedited application, processing, parking reductions, and fee waivers. IZ has a long history of use in American municipalities but is in its infancy in Canada. The Province of Ontario recently passed enabling legislation allowing municipalities to develop IZ programs. At the time of writing, within the Ontario context, only the City of Toronto has implemented IZ, though several are in the process of drafting by-laws. Appendix A of this report includes the more detailed regulations for IZ as set out in the Planning Act and Ontario Regulation 232/18 for further reference. Page 40 of 68Page 285 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 32 Components of IZ programs are consistent even if implementation varies by jurisdiction. IZ programs should be highly tailored to their locality based on housing market conditions, housing needs, and housing goals. Table 3-6 sets out the considerations jurisdictions may need to consider in designing an IZ program. Table 3-6: Considerations for Various Components of an Inclusionary Zoning Program Component Consideration Program type Whether the program is mandatory or voluntary Geography Where in a municipality the IZ by-law would apply Affordability How affordability is defined/calculated The household income level(s) it should target How long units will be kept affordable Set-aside rates The percentage of affordable units required in new development How the number of units are calculated Whether rates should differ based on neighbourhood or level of affordability Threshold size (minimum development size) The size of the development that will trigger an IZ requirement Alternative delivery of affordable housing units Whether to accept cash-in-lieu of on-site affordable units Whether affordable units can be provided off site Incentives Whether incentives should be offered to developers to make providing affordable housing economically feasible Monitoring and stewardship Who is responsible for operating and monitoring the affordable units There are two primary benefits to Inclusionary Zoning. First, as a market-based solution, no direct government funding is required to procure affordable housing units. Second, IZ can also, theoretically, contribute to social mixing and economically diverse neighbourhoods with people of different incomes living in close proximity. However, even though municipalities do not directly fund IZ units, IZ can still represent a cost to municipalities in terms of foregone revenues depending on the incentives provided (waiving development charges, property tax exemptions, etc.). There are also risks to relying on the private market to provide affordable housing. The economics of IZ are such that it is most effectively used in Page 41 of 68Page 286 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 33 jurisdictions with significant and sustained market -rate development. As a result, affordable units will only be provided when markets are strong and less likely to be provided when markets are weak. Additionally, a poorly designed IZ program that makes development financially unviable means zero units of both market and affordable housing will be produced, which may make affordability worse overall. Generally speaking, IZ programs that are mandatory produce more units of affordable hous ing than programs that are voluntary and benefit from being predictable and transparent for both developers and communities. However, there is some debate as to whether IZ programs produce meaningful amounts of affordable housing, especially when there are other tools available to procure affordable units. In summary, IZ is not a silver bullet for unaffordability, but one of many tools that should be considered. Current legislation only permits IZ in developments of 10 units or more that are within Protected Major Transit Station Areas (PMTSA) or a Development Permit System (DPS) area9. PMTSAs are subsets of Major Transit Station Areas (MTSA). The Growth Plan (2020) defines an MTSA as:  The area including and around any existing or planned higher order transit station or stop within a settlement area; or the area including and around a major bus depot in an urban core. Major transit station areas generally are defined as the area within an approximate 500 to 800 metre radius of a transit station, representing about a 10-minute walk. 9 The Development Permit System (DPS) was recently renamed to the Community Planning Permit System (CPPS), however IZ legislati on has not been updated to reflect this change. Page 42 of 68Page 287 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 34 Further, the Growth Plan defines higher order transit as:  Transit that generally operates in partially or completely dedicated rights-of-way, outside of mixed traffic, and therefore can achieve levels of speed and reliability greater than mixed-traffic transit. Higher order transit can include heavy rail (such as subways and inter-city rail), light rail, and buses in dedicated rights-of-way. The City of Niagara Falls, in collaboration with the Region of Niagara, completed a study and secondary plan for the Downtown Niagara Falls GO Transit Station Area which includes a policy framework to provide additional opportunities for the City to provide opportunities for a diversified housing mix, including medium and high density built forms. While this area is currently delineated in the local Official Plan, the Region’s Official Plan currently does not delineate the MTSA and therefore IZ cannot be explored at present. However, through the Draft Regional Structure Schedule appended to the Region’s MCR documentation, the Downtown GO Station is delineated as an MTSA. Accordingly, following the completion of the Region’s MCR process, there may be an opportunity to further explore how the IZ tool may be applied within the local context. Once the Region’s New Official Plan is in place inclusive of enabling policies for IZ and the delineation of the MTSA, the City could complete Page 43 of 68Page 288 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 35 the required Inclusionary Zoning Municipal Assessment Report. This report must include an analysis of demographics, household incomes, housing supply, current housing rents and prices, and the potential impact of IZ on the local housing market. Given the existing land economics in this area of the City, the results of the assessment may identify challenges related to implementing a viable IZ framework and may require phasing of the tool over a longer period of time in order to account for and address market viability. The IZ Municipal Assessment is also required to be peer reviewed. Following the conclusion of the IZ Municipal Assessment and Peer Review, the Official Plan would need to be updated to include any recommended IZ policies. Following the delineation of a MTSA, implementation of an IZ policy is dependent on the time it takes to complete the Municipal Assessment report, the public engagement/ consultation process, as well as the Council meeting schedule. Assuming the Municipal Assessment report finds IZ to be viable, staff will need to draft an Official Plan Amendment for consideration and adoption by Council. Page 44 of 68Page 289 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 36 Table 3-7 estimates a timeline based on a “best-case” scenario in which Council receives the findings of the Municipal Assessment Report without revisions, adopts the Official Plan Amendment without revisions, and the IZ policy is not appealed. In this instance, it is estimated it would take between 17 and 25 months to implement an IZ policy. Table 3-7: Steps and Estimated Timeline for Implementation of Inclusionary Zoning Step Duration Background Review n/a Delineation of MTSA n/a Staff direction to explore Inclusionary Zoning n/a Inclusionary Zoning Policy Inclusionary Zoning Municipal Assessment Report (analysis, stakeholder interviews, peer review) 6-12 months Potential public engagement/consultation 1-2 months Revisions to Municipal Assessment Report 3 months Presentation of Inclusionary Zoning Municipal Assessment Report to Council 1 month Staff draft Official Plan Amendment 3 months Potential public engagement/consultation on draft Official Plan Amendment (including statutory public meeting) 1-2 months Council adopts Official Plan Amendment 1 month Appeal period 20 days Inclusionary Zoning policy adopted TBD Total 17-25 months Costs associated with implementation include engaging a third-party consultant to complete the peer review. Many municipalities also hire consultants to complete the bulk of the Municipal Assessment Report. This Action will need to be supplemented by additional studies, which should be streamlined as part of the City’s Official Plan Review/ Regional conformity exercise, over the medium term, within the next 3-5 years. Additional staff resources in the planning department will also be required to oversee the work of consultants, depending on capacity of existing staff to undertake this role. Page 45 of 68Page 290 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 37 Action # 8: Revisit and finalize the approach to the use of Motels as Long-term Stay Accommodation (SROs) It has been recognized that many of the older motel establishments have shifted from functioning as short-term tourist accommodations to a more long-term residential accommodation for people who may not otherwise be able to afford or find rental housing options, essentially acting as an informal “stop gap” housing residents where other options are not available. While the use of motels in this way is not intended to be a permanent solution to address housing gaps, they are currently the only means of providing shelter to residents without exacerbating the shelter system and, as a result, are a critical component of the City’s housing continuum. In their absence, the amount of visible homelessness in the City would likely increase. Work conducted as part of the Housing Needs and Supply Report indicated that there are potentially 101 hotels and motels that could providing up to 11,512 rooms for permanent long-term rental accommodation to residents who cannot find other rental housing options. A prior study on the use of motels as long-term stay accommodations was completed in 2018. The results of the study recommended introducing a new “Single Room Occupancy (SRO)” use to the Official Plan and Zoning By-law and establishing a licensing framework for the SRO use, which would allow for individual motel owners/ operators to op erate and establish as a legal use providing long- term residential accommodation; however, Council at that time did not make a recommendation to approve the recommended amendments and Licensing By-law brought forward. In order to increase the affordability of rental units in Niagara Falls, the City should explore formalizing the use of Motels as long-term stay residential accommodation through introducing Single Room Occupancy to the Official Plan and Zoning By-law. This Action should be reviewed comprehensively in conjunction with Action #6: Rental Replacement By-law as part of the new Official Plan Review process and should be completed over the medium term within the next 3-5 years. It will require additional staff resources in both planning and by-law enforcement to ensure there is appropriate ongoing tracking, monitoring and enforcement. Page 46 of 68Page 291 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 38 4.4 Increase Public Education and Provide Advocacy for Partnerships 4.4.1 Overview Lower tier municipalities like the City of Niagara Falls are typically constrained in their ability to provide affordable housing directly to residents due to jurisdictional, funding, and capacity limitations. Housing and homelessness programs are initiated and overseen by Service Managers at the Region of Niagara using Provincial and Federal funding, and the City lacks the capacity and/or expertise to oversee development and management of affordable housing units. However, City partnerships with other levels of government as well as private and non-profit developers can contribute to an increased supply of affordable housing in support of affordable housing targets. Partnerships must also be created and supported by education and outreach efforts, both about the need for affordable housing in Niagara Falls as well as opportunities for funding, collaboration, and process for the development of affordable housing projects. The actions set out in Section 3.4.2 have been identified with the intent to support this. Page 47 of 68Page 292 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 39 4.4.2 Actions Action #9: Develop an Understanding of Upper-Level Government Housing Programs Upper-level government housing programs typically provide capital and/or operating support for affordable housing and can contribute to overall project viability. A list of affordable housing programs that the City can promote to housing proponent s are identified in the bulleted list below. It is important to note these programs are often evolving and requirements may change in the future.  CMHC: Seed funding, Co-investment Funding, Rental Construction Financing, Mortgage Insurance  Federation of Canadian Municipalities, Green Municipal Fund, Sustainable Affordable Housing (SAH) funding  Federal-Provincial housing program (currently Ontario Priorities Housing Initiative - OPHI)  Rapid Housing Initiative  Social enterprise financing such as Community Forward Fund, Canadian Co-operative Investment Fund, HPC Housing Investment Corporation and New Market funds; and,  Infrastructure Ontario. City staff should begin to understand these programs and be able to communicate the benefits and opportunities that they may have to developers at pre-consultation meetings in order to further advocate and promote the development of housing at a range of affordability levels. This action should be implemented in the short term (within one year). Ongoing research and continuous learning will be required to ensure an up-to-date understanding of programs as they evolve over time. This may be challenging with existing staffing resources and constraints and would require assigning a dedicated staff resource to focus on housing initiatives and delivery of the ho using strategy Action #10: Clearly Define the City’s Role and Responsibility in Supporting Housing Affordability The City should understand and formalize its role and responsibilities in supporting housing affordability through municipal channels. This may include:  Partnering with other levels of government, private/non-profit developers to provide municipal land at low or no cost for the purposes of housing affordability Page 48 of 68Page 293 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 40  Working with private developers to ensure new development meets housing affordability goals, including offering financial incentives where appropriate  Facilitating connections between private developers and non-profit groups for affordable housing developments  Educating residents and the development community on the need for affordable housing in Niagara Falls, and educating the development community and residents on funding opportunities for affordable housing (see Action #12) City staff should begin to understand this role and the responsibilities planning staff have in supporting and facilitating t he delivery of affordable housing in the short-term. Specific roles and responsibilities of Council and planning staff should also be included within the Official Plan. This Action will also need to be supplemented by additional goals and objectives to be included in the Official Plan, which should be implemented as part of the housekeeping amendment associated with Actions #1 and # 2 and should ultimat ely be approved by Council within the next year. This may be challenging with existing staffing resources and constraints and would require assigning a dedicated staff resource to focus on housing initiatives and delivery of the housing strategy. Action #11: Develop a Policy and Program to Review all Surplus Municipal Land for Housing Suitability Municipal land is often a key component of municipal partnerships with private and/or non-profit developers. A formal process should be established for evaluating surplus City land for suitability for housing before being released to the private marke t for development. In the event the land is deemed suitable for housing, it will be important to establish a policy around whether the land is leased or sold outright with affordability conditions on title. The City can also do important predevelopment work by ensuring the site is properly serviced as well as clean to help reduce development costs and increase project viability. The City should also advocate for surplus federal, provin cial, and regional land in the City limits to be used for affordable housing where appropriate. This action should be informed by a jurisdictional scan of similar policies and implemented as part of the housekeeping amendment associated with Actions # 1, #2 and #10 and should ultimately be approv ed by Council within the next year. The review of municipal land can begin immediately following the adoption of the amendment. This may be challenging with existing staffing resources and constraints and would require assigning a dedicated staff resource to focus on housing initiatives and delivery of the housing strategy. Page 49 of 68Page 294 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 41 Action #12: Create a database of non-profits and other community groups with land suitable for housing Many non-profits and community groups own land that may be suitable for housing development, but either lack the capital or expertise for development. A database of suitable land can assist in facilitating partners hips between non-profits and private developers as well as between non-profits and the City/Region to respond to funding proposals for affordable housing. This action can be undertaken by staff immediately and completed in the short-term, within 1 to 3 years. Ongoing maintenance of the database will be necessary to ensure information is up to date as sites become available/ unavailable. This may be challenging with existing staffing resources and constraints and would require assigning a dedicated staff resource to focus on housing initiatives and delivery of the housing strategy and may also require additional support from the IT department. Action #13: Explore private workforce housing for hospitality and tourism employees Given the prevalence of hospitality and tourism employment, the City should explore the potential for large hospitality/tourism employers to develop workforce housing for their employees in collaboration with the Niagara Falls Chamber of Commerce and other local business associations. Findings in the Housing Needs and Supply Report indicated the importance of housing that is affordable to hospitality and tourism employees as well as difficult finding affordable housing near major employment centres. This action will need to be supplemented with a review of jurisdictional best practices of workforce housing development in the medium-term and should be completed by staff within 3-5 years. Additional staff resources in the planning department may be required to advance this initiative. Page 50 of 68Page 295 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 42 Action #14: Create an affordable housing information online portal An online portal detailing affordable housing goals, housing programs and incentives, and the development process can help encourage affordable housing by highlighting funding opportunities for private/non -profit developers, demystifying the development process, and building public support for affordable housing initiatives. As much of the information in the portal will be related to outcomes of the Official Plan Review/Regional Conformity Exercise , this action should proceed following completion of the OPR, over the next 1 to 3 years. In the short -term, the municipality can begin to gather other housing information that is independent of the OPR, such as information on upper-level government programs and the development process. This action will also require municipal IT staff to be engaged to design and populate the portal. In the long -term, ongoing maintenance of the portal will be necessary to ensure information is up to date and reflective of changes to housing policy a nd programs. Action #15: Reduce potential for NIMBYism Associated with Housing Developments There is the common ground established that housing is a basic human right and there is a collective civic responsibility to ensure that the supply of housing available within a community can accommodate the varying needs of residents throughout their lifetime, including financial needs. The Housing Needs and Supply Report points to an affordability issue in the City in terms of the median household income, given that a significant portion of the population is excluded from either ownership or rental housing options unless they are willing to spend significantly more than 30% of their income. A wider range of housing options/ built form types, such as townhouse dwellings, stacked townhouse dwellings, low-rise walk ups, mid-rise buildings, tall buildings, and second suites would provide variety in a neighbourhood and increase options to address affordability along the continuum; however, those that are already housed in low-rise single detached dwellings are often opposed to housing developments/ proposals in their neighbourhoods where a built form other than single-detached is proposed based on a misconception that these are not compatible with the existing character. This local opposition, often referred to as NIMBY-ism, is based on misinformation or prejudices directed toward those who may live dwelling types that are not ‘typical’ of that specif ic neighbourhood and is often a major barrier to the development of compatible housing form s that would be more affordable. Compatibility in form does not mean “the same as” and can be achieved in a neighbourhood in a variety of ways. Page 51 of 68Page 296 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 43 The City should make an effort to combat NIMBY-ism through education initiatives with an emphasis to reduce opposition to alternative built form types. This should include a primer on housing and human rights, education pamphlets that would dispel the common myths associated with infill housing (e.g. impacts on property values). There should be a Council information session to educate members of Council on this matter. Efforts to reduce NIMBYism cannot always be tied to a specific timeframe and should generally be ongoing. The Council information session should be done in the immediate term. Further, a broader public information session on an annual basis should be hosted to educate the public and could be done in the medium term. Additionally, City communication concerning new development (staff reports, public meetings) should also include sections that explicitly address how the new development contributes to the City’s housing affordability goals and this could commence immediately. This may be challenging with existing staff resources and constraints and would require assigning a dedicated staff resource to focus on housing initiatives and delivery of the housing strategy. It may also require additional support from communications staff. Page 52 of 68Page 297 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 44 4.5 Provide a Variety of Financial Incentives to Promote and Facilitate the Development of Affordable and Rental Housing 4.5.1 Overview The Housing Needs and Supply Report findings note support from both stakeholders and the public for financial incentives to increase development viability for affordable housing. While it may be possible for some non-profit and private organizations to build affordable housing without capital funding and/or incentives from local or senior governments, these situations are the exception rather than the rule. This is largely due to the relatively high cost of constructing affordable housing (land, soft and hard costs) and the relatively modest cash flow generated by affordable rents. As a result, a considerable number of affordable projects, even with funding through Canada/Ontario capital programs, require some form of assistance from local municipalities to be financially viable. The actions set out in Section 3.5.2 have been identified with the intent to support this. 4.5.2 Action Action #16: Review possible exemptions to City fees and property taxes to support the provision of new long-term affordable housing. The following fees are typically associated with residential rental housing in the City of Niagara Falls:  Development charges;  Property taxes;  Site Plan Application; and,  Building permits. The City may also charge fees for an Official Plan (OP) amendment or Zoning By-law (ZBL) amendment where the proposed development does not conform to the OP or ZBL. Page 53 of 68Page 298 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 45 Reducing, deferring, or waiving these fees for affordable housing developments can reduce development costs and increase project viability. However, doing so also decreases municipal revenues. The City is encouraged to undertake an analysis of the potential impact of changing fees on municipal revenues as a means of achieving affordable housing targets. This Action will need to be supplemented with additional studies to assess the impact of exemptions on municipal budgets, as well as a review of jurisdictional best practices of financial incentives for affordable housing developments. This work should proceed concurrently with the Official Plan Review/Regiona l Conformity Exercise over the medium term in the next 3 to 5 years10. It may require retaining outside consultants to conduct some of the financial analysis and would require staff resources in the planning department to oversee the work of consultants, as well as carry out any additional work as recommended. 10 There may be instances where the City may need to consider municipal incentive requests for residential proposals in advance of the completion of any exemption studies. These may need to be assessed on a case by case basis in the interim. Page 54 of 68Page 299 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 46 Action #17: Develop a City-wide Community Improvement Plan for Affordable Rental Housing. Affordable and rental housing CIPs are found in other Ontario municipalities and are used to provide relief from municipal fees and property taxes for new affordable housing. The Housing Needs and Supply Report found the existing Niagara Falls CIPs promote the creation of new housing, but not affordable housing specifically. The City should explore introducing a s pecific affordable housing program in each of the existing CIPs or create a new CIP dedicated to affordable housing. The Region of Nigara is currently undertaking an incentive review and has identified housing as one of the four ‘pillars’ of that review. Any work done at the City-level should include incentives tailored to match regional incentives in order to maximize potential for benefits. This action should be supplemented with additional studies to assess the impact of the CIP on municipal budgets and should proceed concurrently with the Official Plan Review/Regional Conformity Exercise over the medium term in the next 3 to 5 years. This will require retaining outside consultants to conduct the work necessary to prepare the CIP, as well as a dditional staff resources in the planning department to oversee the work of consultants, depending on capacity of existing staff to undertake this role. Action #18: Allocate Appropriate Staff Resources to Implement and Administer the Housing Strategy and Associated Actions The success of the Strategy is dependent on a commitment made by the City to have an appropriate staffing complement to carry out the actions in each theme. As noted in a number of the actions set out in this report, there will be a need for the City to strengthen their staffing complement in the Planning department, as well as potentially in other departments. The recommended actions would not be able to move forward unless there are dedicated staff resources to oversee the implementation of the Housing Strategy. There will be a financial commitment associated with completing the actions recommended in the short, medium and long term. Staff commitment could be enacted through the creation of a new staff role. It is unlikely that broadening an existing job description would be able to satisfactorily address implementation of the Housing Strategy. This action should be a short term in nature and achieved within one year of adoption of the Strategy. Page 55 of 68Page 300 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 47 4.6 Monitor and Report on an Ongoing Basis to Measure the Efficacy of Implementation of the Housing Strategy, Address Emerging Housing Needs and Ensure Actions are met Within the Stated Timeframes 4.6.1 Overview Lower-tier municipalities play a critical role in the provision of housing through Official Plan policies and strategic goals. In implementing the Housing Strategy, the City will need to apply an enhanced focus on monitoring and policy support, specifically through the Official Plan as well as with City led initiatives for tracking. The findings of the Housing Needs and Supply Report note that there is a greater need for affordable housing in the City than other parts of the Region. Within the other themes, there are actions aimed at introducing targets and policies to improve housing choice and affordability. Without monitoring and tracking at the City level on housing and affordability, in various forms, such as second suites, there are challenges in understanding progress and target achievement. In order to better track the achievement of the targets to be established and implemented through the housekeeping amendment mentioned previously in this Housing Strategy , there is a need for a comprehensive monitoring program to complement the policy pieces implemented in other actions. The actions set out in Section 3.6.2 have been identified with the intent to support this. 4.6.2 Actions Action #19: Develop a Monitoring Program for Second Suites As noted previously, the Housing Needs and Supply Report found that Secondary suites provide efficient opportunities for affordable housing options within existing dwellings and within already developed areas and areas where new developments will take place; however, there is currently no information related to the actual quantum of these units on the ground as the City does not track this information. The City should establish strategic criteria to monitor and review on an annual basis to be presented in a staff report to Council for consideration. Page 56 of 68Page 301 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 48 This monitoring program should be developed in short-term, with the actual monitoring and tracking to be an ongoing action and responsibility of staff. This may be challenging with existing staff resources and would require assigning a dedicated staff resource to focus on implementing housing initiatives. Uptake on any second unit incentives and the development of second suites should be reported to Council on an annual basis and could form part of the monitoring report ident ified in Action # 20. Action #20: Develop an Annual Housing and Affordable Housing Monitoring and Reporting System to Council. The City currently reports to Council on the following growth-related items on an annual basis. In implementing the housing st rategy, a number of new targets have been identified which will require reporting and monitoring. These should be rolled into the City’s annual report to Council. A housing and affordable housing monitoring and reporting system would include an annual report (written by Staff) that would be presented to the Committee of the Whole / Council and made available for download in the Planning and Development section of the municipal website. The purpose of the report would be to identify various factors of the previous year’s new residential development, such as: o Annual number secondary dwelling units; o Annual number and average affordable rental dwelling units and by type of dwelling o Municipal, Region, Provincial and Federal housing and affordable incentives utilized (how, what, where and why); o Location of affordable housing and rental housing; o Identifiable trends, emerging issues, and possible new options and alternative strategies to assist with enhancing affordable housing opportunities; and o Updates on affordable housing and related funding opportunities that are provided through CMHC (e.g., via CMHC’s Affordable Housing E-Newsletter). In order to provide a more robust picture of the state of housing in the City, it is recommended that the City make r equest for the routine release of rental-related data by Municipal Property Assessment Corporation (MPAC) and Canadian Mortgage Housing Corporation (CMHC) rental reports to the City. If achieved, the City could more easily calculate accurate market rents to develop stronger affordable housing policies that are more reflective of the local context over the longer-term. Page 57 of 68Page 302 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 49 This monitoring program should be developed in short-term, with the actual monitoring and tracking to be an ongoing action and responsibility of staff. An annual report to Council should also be brought forward. This may be challenging with existing staff resources and would require assigning a dedicated staff resource to focus on implementing housing initiatives . Action #21: Review and Update the Housing Strategy Every 5 years. This Housing Strategy is not intended to be a static document. Information on the success of the Strategy to date and areas required to be revised or implemented through other policy tools should be comprehensively reviewed and assessed as the housing needs of the City’s residents may change over time. Given that the 2021 federal census collection of data is currently underway, once new data is released, it will be important to re-examine and potentially update the housing affordability targets over the longer-term, as part of a broader review and update of the Housing Strategy to ensure it is responsive to any changes. This action should be executed in the long term, and then on a 5- year cycle thereafter. Page 58 of 68Page 303 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 50 5 ACTION PLAN The Action Plan presented on the following page(s) provides a summary of all the actions set out in this Housing Strategy for eas y reference. It can be used to track progress, monitor achievements and ensure accountability in implementing the Housing Strat egy. The top six (6) priority recommended actions are highlighted below:  Allocate Appropriate Staff Resources to Implement and Administer the Housing Strategy and Associated Actions;  Preserve existing purpose-built rental housing stock through the introduction of demolition and conversion control policies as well as a rental replacement by-law;  Develop a City-wide Community Improvement Plan for Affordable Rental Housing;  Provide opportunities for the creation and ongoing monitoring of second units;  Review possible exemptions to City fees and property taxes to support the provision of new long-term affordable housing; and,  Explore private workforce housing for hospitality and tourism employees Page 59 of 68Page 304 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 51 THEME AREA Recommended Action Link to Goal Scope of Work Responsibility Timeframe ESTABLISH AFFORDABLE HOUSING TARGETS Action #1: Update the City’s Official Plan to include Affordable Housing Target(s)  Goal 1: Housing for all  Goal 4: Develop an understanding of the City’s housing system Housekeeping OPA Housing Strategy Consultants Action #2: Update the City’s Official Plan to include a framework for achieving the Affordable Housing Target(s)  Goal 1: Housing for all  Goal 4: Develop an understanding of the City’s housing system Housekeeping OPA Housing Strategy Consultants PROMOTE A GREATER VARIETY OF DWELLING TYPES Action #3: Support and permit higher-density types of housing  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply City’s Official Plan Review/ Regional conformity exercise City Action #4: Support and permit alternate forms of housing  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing City’s Official Plan Review/ Regional conformity exercise Implementing zoning regulations as part of a Comprehensive Zoning- bylaw process City Immediately following the Official Plan Review / Regional conformity exercise Action #5: Provide opportunities for the creation and ongoing monitoring of second units  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing Housekeeping OPA Develop a monitoring and tracking plan for secondary suites Housing Strategy Consultants City Action #6: Preserve existing purpose-built rental housing stock through the introduction of demolition and conversion control  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply City’s Official Plan Review/ Regional conformity exercise City Short 0-2 years Medium 3-5 years Long 5-10 years Notes: Timeframe Page 60 of 68Page 305 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 52 THEME AREA Recommended Action Link to Goal Scope of Work Responsibility Timeframe ENSURE A HEALTHY SUPPLY OF RENTAL UNITS policies as well as a rental replacement by-law  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing Action #7: Undertake a formal assessment of the potential to introduce Inclusionary Zoning  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing Assessment report on Inclusionary Zoning as part of the City’s Official Plan Review/ Regional conformity exercise City (would likely need to obtain a qualified consultant to complete an assessment report) Action #8: Explore the Formalization of the use of Motels as Long-term Stay Accommodation  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply Introducing Single Room Occupancy to the Official Plan and Zoning By-law City INCREASE PUBLIC EDUCATION AND PROVIDE ADVOCACY FOR PARTNERSHIPS Action #9: Develop an understanding of upper level government housing programs (Regional, provincial, federal)  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Research and analysis City Action #10: Clearly Define the City’s Role and Responsibility in Supporting Housing Affordability  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Housekeeping OPA Housing Strategy Consultants Action #11: Develop a policy to review all surplus municipal land for housing suitability  Goal 1: Housing for all  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Policy Development City Short 0-2 years Medium 3-5 years Long 5-10 years Notes: Timeframe Page 61 of 68Page 306 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 53 THEME AREA Recommended Action Link to Goal Scope of Work Responsibility Timeframe Action #12: Create a database of non-profits and other community groups with land suitable for housing  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing Research and Analysis; Technical Development City Action #13: Explore private workforce housing for hospitality and tourism employees  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Policy Development City (may need to obtain assistance from a qualified consultant with experience on this matter) Action #14: Create an affordable housing information online portal  Goal 1: Housing for all  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Technical Development City Action #15: Reduce potential for NIMBYism associated with affordable housing developments  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Technical Development City PROVIDE A VARIETY OF FINANCIAL INCENTIVES TO PROMOTE AND FACILITATE THE DEVELOPMENT OF Action #16: Review possible exemptions to City fees and property taxes to support the provision of new long-term affordable housing.  Goal 1: Housing for all  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Policy Development City (may need to obtain assistance from a qualified consultant with experience on this matter) Action #17: Develop a City-wide Community Improvement Plan for Affordable Rental Housing.  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing Research and Analysis; Policy Development City (may need to obtain assistance from a qualified consultant with experience on this matter) Action #18: Allocate Appropriate Staff Resources to Implement and Administer the  Goal 1: Housing for all N/A City Short 0-2 years Medium 3-5 years Long 5-10 years Notes: Timeframe Page 62 of 68Page 307 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 54 THEME AREA Recommended Action Link to Goal Scope of Work Responsibility Timeframe AFFORDABLE AND RENTAL HOUSING Housing Strategy and Associated Actions  Goal 4: Develop an understanding of the City’s housing system MONITOR AND REPORT Action #19: Develop a monitoring program in the medium to long term for Second Units  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Technical Development; Reporting City Action #20: Develop an annual housing and affordable housing monitoring and reporting system to Council.  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Technical Development; Reporting City Action #21: Review and update the Housing Strategy every 5 years.  Goal 1: Housing for all  Goal 2: Diversify the City’s Housing Supply  Goal 3: Remove Barriers to the creation of a range and mix of housing types, including alternative forms of housing  Goal 4: Develop an understanding of the City’s housing system Research and Analysis; Reporting City (may require obtaining a consultant to assist with the review) Short 0-2 years Medium 3-5 years Long 5-10 years Notes: Timeframe Page 63 of 68Page 308 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 55 APPENDIX A: INCLUSIONARY ZONING REGULATIONS IN ONTAR IO Page 64 of 68Page 309 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 56 Ontario regulation 232/18 made under the Planning Act Made: April 11, 2018 Filed: April 11, 2018 Published on e-Laws: April 11, 2018 Printed in The Ontario Gazette: April 28, 2018 Inclusionary Zoning Definitions 1. In this Regulation, “inclusionary zoning by-law” means a by-law passed under section 34 of the Act to give effect to the policies described in subsection 16 (4) of the Act; (“règlement municipal relatif au zonage d’inclusion”) “non-profit housing provider” means, (a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, (b) a corporation without share capital to which the Canada Business Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, (c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act, or (d) an organization that is a registered charity within the meaning of the Income Tax Act (Canada) or a non-profit organization exempt from tax under paragraph 149 (1) (l) of that Act, and whose land is owned by the organization, all or part of which is to be used as affordable housing; (“fournisseur de logements sans but lucratif”) “offsite unit” means an affordable housing unit that is required in an inclusionary zoning by-law and that is erected or located in or on lands, buildings or structures other than those that are the su bject of the development or redevelopment giving rise to the by-law requirement for affordable housing units. (“logement hors site”) Assessment report 2. (1) An assessment report required by subsection 16 (9) of the Act shall include information to be considered in the development of official plan policies described in subsection 16 (4) of the Act, including the following: 1. An analysis of demographics and population in the municipality. 2. An analysis of household incomes in the municipality. 3. An analysis of housing supply by housing type currently in the municipality and planned for in the official plan. 4. An analysis of housing types and sizes of units that may be needed to meet anticipated demand for affordable housing. 5. An analysis of the current average market price and the current average market rent for each housing type, taking into account location in the municipality. 6. An analysis of potential impacts on the housing market and on the financial viability of development or redevelopment in the municipality from inclusionary zoning by-laws, including requirements in the by- laws related to the matters mentioned in clauses 35.2 (2) (a), (b), (e) and (g) of the Act, taking into account: i. value of land, ii. cost of construction, iii. market price, Page 65 of 68Page 310 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 57 iv. market rent, and v. housing demand and supply. 7. A written opinion on the analysis described in paragraph 6 from a person independent of the municipality and who, in the opinion of the council of the municipality, is qualified to review the analysis. (2) The analysis described in paragraph 6 of subsection (1) shall take into account the following related to growth and development in the municipality: 1. Provincial policies and plans. 2. Official plan policies. (3) An updated assessment report required by subsection 16 (10) or (11) of the Act shall contain the information specified in subsection (1). Official plan policies 3. (1) Official plan policies described in subsection 16 (4) of the Act shall set out the approach to authorizing inclusionary z oning, including the following: 1. The minimum size, not to be less than 10 residential units, of development or redevelopment to which an inclusionary zoning by-law would apply. 2. The locations and areas where inclusionary zoning by-laws would apply. 3. The range of household incomes for which affordable housing units would be provided. 4. The range of housing types and sizes of units that would be authorized as affordable housing units. 5. For the purposes of clause 35.2 (2) (a) of the Act, the number of affordable housing units, or the gross floor area to be occupied by the affordable housing units, that would be required. 6. For the purposes of clause 35.2 (2) (b) of the Act, the period of time for which affordable housing units would be maintained as affordable. 7. For the purposes of clause 35.2 (2) (e) of the Act, how measures and incentives would be determined. 8. For the purposes of clause 35.2 (2) (g) of the Act, how the price or rent of affordable housing units would be determined. 9. For the purposes of section 4, the approach to determine the percentage of the net proceeds to be distributed to the municipality from the sale of an affordable housing unit, including how net proceeds would be determined. 10. The circumstances in and conditions under which offsite units would be permitted, consistent with paragraphs 2, 3 and 4 of section 5. 11. For the purposes of paragraph 2 of section 5, the circumstances in which an offsite unit would be considered to be in proximity to the development or redevelopment giving rise to the by-law requirement for affordable housing units. (2) Official plan policies described in subsection 16 (4) of the Act shall set out the approach for the procedure required under subsection 35.2 (3) of the Act to monitor and ensure that the required affordable housing units are maintained for the required period of time. Page 66 of 68Page 311 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 58 Net proceeds from sale of affordable housing unit 4. (1) An inclusionary zoning by-law may require a portion of the net proceeds from the sale of an affordable housing unit to be distributed to the municipality. (2) A by-law referred to in subsection (1) shall set out the percentage of the net proceeds to be distributed to the municipality, which shall not exceed 50 per cent. (3) If a by-law referred to in subsection (1) is in force, an agreement referred to in clause 35.2 (2) (i) of the Act shall provide that, where an affordable housing unit is sold, a percentage of the net proceeds from the sale shall be distributed to the municipality in accordance with the by-law. Restrictions on offsite units 5. The authority of a council of a municipality under clause 35.2 (5) (a) of the Act is subject to the following restrictions: i. Offsite units shall not be permitted unless there is an official plan in effect in the municipality that sets out the circums tances in and conditions under which offsite units would be permitted. ii. Offsite units shall be located in proximity to the development or redevelopment giving rise to the by -law requirement for affordable housing units. iii. The land on which the offsite units are situated shall be subject to an inclusionary zoning by-law. iv. Offsite units shall not be used to satisfy the by-law requirement to include a number of affordable housing units, or gross floor area to be occupied by affordable housing units, that applies to the development or redevelopment in which the offsite units are permitted. Restrictions on the use of s. 37 of the Act 6. The authority of a council of a municipality under section 37 of the Act is subject to the following restrictions and prohibitions: 1. Any increase in the height and density of a development or redevelopment permitted in return for facilities, services or matters under section 37 of the Act is deemed not to include: i. the height and density associated with the affordable housing units required in an inclusionary zoning by-law, ii. any increase in height and density permitted in an inclusionary zoning by-law as an incentive described in clause 35.2 (2) (e) of the Act. 2. For greater certainty, the council shall not use its authority under section 37 of the Act with respect to a development o r redevelopment giving rise to a by-law requirement for affordable housing units in an area in which a community planning permit system is established. Reports of municipal council 7. (1) For the purposes of subsection 35.2 (9) of the Act, if a council of a municipality passes an inclusionary zoning by-law, the council shall ensure that a report is prepared and made publicly available at least every two years. (2) The council shall ensure that each report describes the status of the affordable housing units required in the by-law, including the following information for each year that is the subject of the report: 1. The number of affordable housing units. 2. The types of affordable housing units. 3. The location of the affordable housing units. 4. The range of household incomes for which the affordable housing units were provided. 5. The number of affordable housing units that were converted to units at market value. 6. The proceeds that were received by the municipality from the sale of affordable housing units. Exemptions from inclusionary zoning by-law Page 67 of 68Page 312 of 751 CITY OF NIAGARA FALLS HOUSING STRATEGY 59 8. (1) An inclusionary zoning by-law does not apply to a development or redevelopment where, (a) the development or redevelopment contains fewer than 10 residential units; (b) the development or redevelopment is proposed by a non-profit housing provider or is proposed by a partnership in which, (i) a non-profit housing provider has an interest that is greater than 51 per cent, and (ii) a minimum of 51 per cent of the units are intended as affordable housing, excluding any offsite units that would be located in the development or redevelopment; (c) on or before the day an official plan authorizing inclusionary zoning was adopted by the council of the municipality, a request for an amendment to an official plan, if required, and an application to amend a zoning by-law were made in respect of the development or redevelopment along with an application for either of the following: (i) approval of a plan of subdivision under section 51 of the Act, or (ii) approval of a description or an amendment to a description under section 9 of the Condominium Act, 1998; or (d) on or before the day the inclusionary zoning by-law is passed, an application is made in respect of the development or redevelopment for a building permit, a development permit, a community planning permit, or approval of a site plan under subsection 41 (4) of the Act. (2) Despite clause (1) (b), an inclusionary zoning by-law applies to any offsite units that would be permitted in a development or redevelopment. 9. Clause (a) of the definition of “non-profit housing provider” in section 1 is revoked and the following substituted: (a) a corporation to which the Not-for-Profit Corporations Act, 2010 applies that is in good standing under that Act and whose primary object is to provide housing, Commencement 10. (1) Subject to subsection (2), this Regulation comes into force on the later of the day subsection 10 (1) of Schedule 4 to th e Promoting Affordable Housing Act, 2016 comes into force and the day this Regulation is filed. (2) Section 9 comes into force on the later of the day subsection 211 (1) of the Not -for-Profit Corporations Act, 2010 comes into force and the day this Regulation is filed. Made by: Pris par : Le ministre des Affaires municipales, Bill Mauro Minister of Municipal Affairs Date made: April 11, 2018 Pris le : 11 avril 2018 Page 68 of 68Page 313 of 751 CITY OF NIAGARA FALLS HOUSING DIRECTIONS STRATEGY Tuesday, March 22, 2022 Presentation to CouncilPage 314 of 751 Agenda •Recap-where we’ve been •Vision and Goals for the Housing Strategy •Themes for the Housing Strategy •Theme-based Actions •Priority Actions •Next Steps 2 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 315 of 751 Recap: Where We’ve Been 3 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 316 of 751 4 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g y We are herePage 317 of 751 Recap of prior touchpoints with Council •Council # 1-June, 2021 –Introduction to the project’s purpose –Overview of preliminary findings contained within the Housing Needs and Supply Report –Obtain general feedback and input from Council to inform development of the Housing Strategy –Obtain endorsement from Council to develop Housing Strategy 5 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 318 of 751 Housing Needs and Supply Report-Key Findings- Rental Households •Median household income in the City is ~$60,000 •47.4% rental households are in core housing need related to affordability •Vacancy Rates in the City have been below 3% since at least 2016 •Average rents in the City are not affordable to many residents 6 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g y Annual Household Income Affordable Monthly Rent Up to $70,000 $1,750 Up to $60,000 $1,500 Up to $50,000 $1,250 Up to $40,000 $1,000 Up to $30,000 $750 Unit Type Average Monthly Rent- 2020 Bachelor $643 One-bedroom $968 Two-bedroom $1,098 Three-bedroom $1,145 Page 319 of 751 Housing Needs and Supply Report-Key Findings-Ownership Households •17.6% of ownership households are in core housing need related to affordability •Many ownership options are not affordable to residents in the City, when considering that the average household income in the City was ~$60,000 based on the 2016 Census 7 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 320 of 751 •There are considerable gaps in the City’s housing continuum –Predominantly single detached –Low vacancy, with many renters vying for units –Few options for renters and owners to meet income/ affordability needs (lack of higher density built forms and apartment units) •While there continues to be demand for single- detached dwellings, there is increasing demand and need for higher density housing that would be more affordable to single persons, sole- parent households and those working in the tourism, hospitality, service and agriculture sectors •6 Major areas of focus in developing an implementable strategy to address housing gaps identified 8 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g y Housing Needs and Supply Report-Key Messages The Housing Continuum Page 321 of 751 Role of the TAC and Input Received to Develop the Strategy 9 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 322 of 751 TAC Membership •City Councillors–Campbell and Lococo •City Planning •City Economic Development •Regional Planning •Regional Housing/ Homelessness •Real Estate Representative •Homebuilder Representative •Non-profit Housing Provider •Community Organizations •Chamber of CommercePage 323 of 751 Summary of TAC Meetings •TAC # 1 –Introductions to the project purpose –Overview of preliminary findings –Roundtable discussion to inform development of Housing Needs and Supply Report •TAC # 2 –Update on findings from online survey and stakeholder consultation –Discussion on recommended targets for housing –Receive feedback on draft Housing Needs and Supply Report –Introduction of preliminary recommendations to inform the development of the Housing Strategy •TAC # 3 –Present draft Strategy for discussion –Receive feedback on draft Strategy in order to finalize to present to Council 11 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 324 of 751 The Housing Strategy 12 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 325 of 751 Purpose of the Strategy •Build upon the technical work presented in the Housing Needs and Supply Report •Provide a blueprint for the actions the City will need to implement to address the City’s housing needs and gaps 13 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 326 of 751 Vision “All residents in the City have safe, stable and appropriate housing to meet both their physical and financial needs throughout the various stages of life” 14 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 327 of 751 Goals 15 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g y Goal #1 Ensure housing is available throughout the City to meet the varying financial needs of existing and future residents. Goal #2 Diversify the City’s housing supply to include a wider range of price points; mix of housing types and densities; and, a range of options for housing tenure (rental and ownership). Goal #3 Remove barriers to the creation of a range and mix of housing types, including alternative forms of housing throughout the City. Goal #4 Develop an understanding of the City’s housing system moving forward through continuous and ongoing comprehensive data collection, monitoring and reporting. Goal # 5 Cultivate and maintain strong relationships with regional and municipal partners, other levels of government, the private sector, and not-for-profit sectors to advance the various actions set out in the Housing Strategy Page 328 of 751 Six Themes for the Strategy 16 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g y Establish Affordable Housing Targets to set the City up for success to meet affordable housing goals Promote a Greater Diversity of Housing Types to ensure there is a diversity of housing options available to meet the needs of the City’s diverse residents Ensure a Healthy Supply of Rental Units to provide a range and mix of rental options for Niagara Falls residents now and into the futurePage 329 of 751 Six Themes for the Strategy 17 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g y Increase Public Education and Provide Advocacy for Partnerships to make sure everyone understands the role they can play in addressing housing issues Provide a Variety of Financial Incentives to promote and facilitate the development of affordable and rental housing Monitor and Report to measure the efficacy of implementation of the Housing Strategy, address emerging housing needs and ensure actions are met within the stated timeframesPage 330 of 751 Actions to Address Housing Gaps •The Strategy includes a total of 21 recommended actions to be taken by the Municipality which are grouped by the six themes •A timeframe for implementation is also assigned to each action Page 331 of 751 Establish Affordable Housing Targets Action 1: Update the City’s Official Plan to include Affordable Housing Target(s) •270 units per year to be built as affordable, with the following breakdown –135 units per year to be built with a price at or below $499,440 (ownership) and $2,400 (rental) –135 units per year to be built as rental units, with a rental price below $968/ month Action 2: Update the City’s Official Plan to include a framework for achieving the Affordable Housing Target(s) Timeframe for Action 1 & 2: Short-term (6 months-1 year) 19 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 332 of 751 Promote a Greater Diversity of Dwelling Types Action 3: Support and permit higher-density types of housing Timeframe: Medium-term (3-5 years) Action 4: Support and permit alternate forms of housing Timeframe: Medium-term (3-5 years) Action 5: Provide opportunities for the creation and ongoing monitoring of second units Timeframe: Short-term for conformity; medium-term for monitoring and incentives 20 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 333 of 751 Ensure a Healthy Supply of Rental Units Action 6: Preserve existing purpose-built rental housing stock through the introduction of demolition and conversion control policies as well as a rental replacement by-law Timeframe: Medium-term (3-5 years) Action 7: Undertake a formal assessment of the potential to introduce Inclusionary Zoning Timeframe: Medium-term (3-5 years) Action 8: Explore the Formalization of the use of Motels as Long-term Stay Accommodation Timeframe: Review in conjunction with Action # 6, over the medium-term (3-5 years) 21 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 334 of 751 Increase Public Education and Provide Advocacy for Partnerships Action 9: Develop an understanding of upper level government housing programs (regional, provincial, federal) Timeframe: Short-term (6 months-1 year) Action 10: Clearly Define the City’s Role and Responsibility in Supporting Housing Affordability Timeframe: Short-term (6 months-1 year) Action 11: Develop a policy to review all surplus municipal land for housing suitability Timeframe: Short-term (6 months-1 year) 22 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 335 of 751 Increase Public Education and Provide Advocacy for Partnerships Action 12: Create a database of non-profits and other community groups with land suitable for housing Timeframe: Short-term (6 months-1 year) Action 13: Explore private workforce housing for hospitality and tourism employees Timeframe: Medium-term (3-5 years) Action 14: Create an affordable housing information online portal Timeframe: Short-term (6 months-1 year) Action 15: Reduce potential for NIMBYism associated with affordable housing developments Timeframe: Immediately/ Short-term (6 months-1 year) 23 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 336 of 751 Provide a Variety of Financial Incentives to Promote and Facilitate the Development of Affordable and Rental Housing Action 16: Review possible exemptions to City fees and property taxes to support the provision of new long-term affordable housing Timeframe: Medium-term (3-5 years) Action 17: Develop a City-wide Community Improvement Plan for Affordable Rental Housing Timeframe: Medium-term (3-5 years) Action 18: Allocate Appropriate Staff Resources to Implement and Administer the Housing Strategy and Associated Actions Timeframe: Immediate/ Short-term (6 months-1 year) 24 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 337 of 751 Monitor and Report Action 19: Develop a monitoring program in the medium to long term for Second Units Timeframe: Short-term (1-2 years) Action 20: Develop an annual housing and affordable housing monitoring and reporting system to Council Timeframe: Short-term (1-2 years) Action 21: Review and update the Housing Strategy every 5 years Timeframe: Long-term (5 years, and a 5-year cycle thereafter) 25 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 338 of 751 Priority Actions •Housekeeping OPA--underway •Allocate Appropriate Staff Resources •Preserve existing purpose-built rental housing stock •Develop a City-wide Community Improvement Plan for Affordable Rental Housing •Provide opportunities for the creation and ongoing monitoring of second units •Review possible exemptions to City fees and property taxes •Explore private workforce housing for hospitality and tourism employees 26 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g yPage 339 of 751 Next Steps 27 | C i t y o f N i a g a r a F a l l s H o u s i n g D i r e c t i o n s S t r a t e g y •Prepare OPA to implement some of the short-term actions (Action 1, 2, 5, 10) •Planning Act process for approvals of OPA Page 340 of 751 PBD-2022-12 Report Report to: Mayor and Council Date: March 22, 2022 Title: AM-2021-019, Official Plan and Zoning By-law Amendment Application 5613, 5631-5633 Victoria Avenue, Proposal: 35 Storey Hotel and 36 Storey Apartment and On- Street Dwelling on Shared Podium Applicant: Fugiel International Group Inc. Agent: Bousfields Inc. (David Falleta) Recommendation(s) 1. That Council approve the Official Plan and Zoning By-law amendments as detailed in this report to exceed the 30 storey limit for a 35 storey hotel and 36 storey apartment and on-street dwellings on the subject lands, subject to a parking rate of 1.25 parking spaces per dwelling unit, and subject to the regulations outlined in this report. 2. That the amending zoning by-law include a Holding (H) provision to require a Record of Site Condition and updated wind study. 3. That the passage of the amending by-laws be conditional on the execution of a Section 37 agreement for the mixed use building on 5613, 5631 -5633 Victoria Avenue to secure contributions for streetscape improvements on the abutting Victoria Avenue frontage and capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys and the subject lands merging in title. 4. That the Mayor and Clerk be authorized to execute the Section 37 agreement to the satisfaction of the City Solicitor. 5. That Council approve the request to pass a by-law to deem Lots 139 and 141 of Plan 291, to not be in a plan of subdivision and that this by-law, to enable the lots to be merged, be placed on Council’s agenda at the same time as the amending zoning by-law. Page 1 of 18 Page 341 of 751 Executive Summary Fugiel International Group Inc. has requested an Official Plan and Zoning By -law amendment to permit the development of a six storey podium with commercial uses along Victoria Avenue, a 29 storey hotel tower with 404 guest suites, and a 30 storey residential tower with a total of 469 residential units consisting of 462 apartment and 7 on -street townhouse dwelling units. The amendments are recommended subject to a Holding (H) regulation requiring a Record of Site Condition and updated wind study and a Section 37 agreement for the following reasons: • The proposed development conforms to Provincial and City policies as it intensifies land within the Built-Up Area, will assist the City in meeting its intensification targets, will provide additional housing choices for residents, and will enhance the vitality and viability of the Clifton Hill Subdistrict of the Central Tourist District; • The proposal Official Plan amendment establishes commercial, tourist, and residential uses in an area designated to permit mixed uses and high-rise development. There will be minimal shadow and wind impact on surrounding lands and its design meets applicable architectural guidelines; and, • The requested and recommended provisions are appropriate to regulate the proposed use and ensure the proposed development will be compatible with surrounding properties. Background Proposal Fugiel International Group Inc. has requested an Official Plan and Zoning By -law amendment for 6 parcels of land totaling approximately 0.56 ha (1.39 acre) as shown on Schedule 1. The applicant is seeking planning approvals for a 35 and 36 storey development that would permit the development of a six storey podium with 678 square metres commercial uses along the Victoria Avenue street level, a 29 storey hotel tower with 404 guest suites, and a 30-storey residential tower with a total of 469 residential units consisting of 462 apartment and 7 on-street townhouse dwelling units. The hotel tower will be located at the northeast corner of the site. The residential tower is located on the western portion of site with its longest façade along the north -south axis. A rectangular 6 storey podium covering all of the lands connects the towers and will accommodate commercial uses along Victoria Avenue, the condominium an d hotel lobbies along Walnut Street, and on-street townhomes along Ellen Avenue, 6 levels of parking, and outdoor amenities on the sixth level roof for hotel guests and tower residents. Page 2 of 18 Page 342 of 751 A total of 711 parking spaces are provided (232 spaces within the 1 level of underground parking and 479 parking spaces within the 6 levels of parking structure) and 164 bicycle parking spaces. Schedule 2 shows details of the proposed development and Schedule 3 shows its elevations. The subject land is designated Tourist Commercial which may permit developments up to 30 storeys in height. The applicant is requesting that all of the lands be placed under a Special Policy Area designation to allow 35 and 36 storey towers at a maximum height of 116 metres. The subject land is zoned Tourist Commercial (TC-75) that permits all TC uses and exempts parking regulations for specific uses. The applicant is requesting that all of the lands be placed under a new site specific TC zone to permit a 35 and 36 storey, 116 metre tall, development consisting of a 6 storey podium, a hotel building, and a residential building. Site Conditions and Surrounding Land Uses The land is occupied by a single storey commercial structure (currently occupied by “Falls Convenience”) at the corner of Victoria Avenue and Walnut Street, a two storey commercial building (currently occupied by “Weinkeller”, a restaurant on the ground floor, and “Nightmares Fear Factory”, an attraction on the second floor) further south on Victoria Avenue, and commercial surface parking on the remainder of the lands. To the north of the site, is a 6 storey hotel (Clifton Victoria Inn) and associated parking. To the east, is the Fallsview Indoor Waterpark, Niagara Casino, and associated parking. To the south, is a 7 storey hotel (Falls Hotel and Inn) and associated parking. To the north, are vacant lots and detached dwellings. Circulation Comments Information about the requested Official Plan and Zoning By-law amendment was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara o No objections to the application, subject to the inclusion of the holding (H) provision in the amending zoning by-law to require a Record of Site Condition to be filed. o The Official Plan amendment is exempt from Region Council approval. Page 3 of 18 Page 343 of 751 • Building o All required Building Permits and Demolition Permits to be obtained prior to commencement of any construction/demolition. Review of plans for spatial separation- fire protection and Geotechnical Report to occur upon Building Permit(s) application. • Business Development, Fire, GIS, Legal, Municipal Works, Transportation Services o No objections to the application or site specific regulations. o Detailed technical review will occur at site plan stage. o Existing site plan agreement and right-of-way registered on title is to be removed. o A 6.0 metre road widening is required on Victoria Avenue and a 3.9 metre road widening is required on Ellen Avenue. o 5.0 metre by 5.0 metre day light triangle, exclusive of road widenings, is required at the intersections of Victoria Avenue and Walnut Street and Ellen Avenue and Walnut Street. o A left turn north-east bound lane on Victoria Avenue is required. o be to need will site has that indicated Services Transportation the redesigned so the parking garage can be accessed internally from the main entrance. This should be addressed at the site plan stage. o Transportation Services are unable to support a rate below 1.25 parking spaces for the residential component of the proposed development. No relief is required for the commercial uses (as per By-law 2012-61) or the hotel use (as its parking needs are met). Neighbourhood Comments A neighbourhood open house was held on October 25, 2021 and was attended by the applicant, applicant’s planners and consultants, and two (2) members of the public. In addition, written comments were received from four (4) members of the public who oppose the development. Those opposed express the following concerns: • Increased volume of traffic and more speeding. • Changing character of the residential neighbourhood. • Blocking sunlight and view. • Height of towers is not reasonable. • Loss of privacy and potential for items to fall off building. • Over-development of site. Page 4 of 18 Page 344 of 751 In response to the concerns raised, staff note: • That traffic is not being directed through the existing residential neighbourhood and volume is not expected to be excessive. • Shadowing from the proposed development will not affect residential properties after 10:30 am which is reasonable. • The lands north and west of the subject lands are designated for mid-rise development and commercial uses and it is expected over time this area will transition. • The hotel and commercial uses abuts Victoria Avenue while residential uses abut those on Ellen Avenue which provides for a suitable interface with the residential neighbourhood. • The development of the site will comply with the Ontario Building Code and the Health and Safety Act. Further comments are addressed in the analysis section. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: • The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act; • The redevelopment and intensification of the site minimizes land consumption and servicing costs while optimizing transit investments in a manner that will sustain the financial well-being of the Province and City over the long term; • The residential units [1 bedroom (159), 1 bedroom plus den (172), two bedroom (96), two bedroom plus den (32), suites (3), and on-street townhouses (7)] will add to the diversity of housing options for residents, and will assist the City in meeting its intensification target within the Built-up Area; • The development incorporates compatible employment uses catering to the tourist sector that support a liveable and resilient community; • The proposed design will assist in the creation of a vibrant public realm; • It will support increased opportunities for cross-border tourism within the Gateway Economic Centre Area; and, • The recommended regulations will facilitate the redevelopment of land in a manner that will maintain appropriate levels of public health and safety. Page 5 of 18 Page 345 of 751 2. Regional Official Plan The subject lands are designated Urban Area (Built-up Area) in the Regional Official Plan. The proposal complies with the Regional Official Plan as follows: • The proposed development is compact, has mixed uses, is transit supportive, and is within an existing Urban Area where intensification is directed; and, • The hotel and commercial uses will support economic diversity and promote increased opportunities for tourism within the Niagara Economic Gateway Zone. 3. City's Official Plan The subject lands are designated Tourist Commercial in the City’s Official Plan and are located within the Clifton Hill Subdistrict of the Central Tourist District. The subject lands are within an area where mixed-use developments may be permitted to have a height of up to 30 storeys subject to complying with the built form design criteria. The applicant is requesting that all of the lands be placed under a Special Policy Area designation to allow 35 and 36 storey towers at a maximum height of 116 metres in exchange for capital contributions to the City. Building heights greater than 30 storeys can be considered through an Official Plan amendment provided it is demonstrated that no significant adverse impacts are created. Matters such as shadowing on residential areas, encroachments on the views of the Falls or other landowners; and wind impacts at the street level are to be addressed in considering such a development. In considering an Official Plan amendment, Council is to consider the conformity of the proposal to the general objectives of the Plan, suitability of the site or area for the proposed use, compatibility of the proposed use with adjacent land use designations, need for the use, availability of adequate municipal services, and, facilities for the proposed uses and its financial implications. The proposal complies with the intent Official Plan as follows: • The proposal is for a 35 and 36 storey development, with a density of 938 units per hectare, in an area where mixed-use high-rise buildings are directed to, and the area is suitable for intensification; • While the proposed development is at the edge of the high-rise area, it abuts land targeted for medium-rise developments which will allow for adequate transition to residential properties located west of Ellen Avenue; • The Shadow Study, which studied shadowing impacts, concludes that the placement of the towers will only impact dwellings on Walnut Street before 10:30 am. These impacts are not considered excessive; Page 6 of 18 Page 346 of 751 • The Wind Study found the proposed development’s design and tower locations have been designed to mitigate wind effects. There are several at-grade areas where wind mitigation is recommended that may be addressed through an updated wind study and design changes, such as ensuring entrances are recessed or sheltered, having rounded corners and canopies, prior to site plan approval; • The massing is reduced above the podium. The towers have an appropriate separation from each other, are appropriately set back from the street, and are off-set to reduce their visual impact and provide for privacy and views; • The building has been designed to add interest to the Niagara Falls skyline, including its rooftop which will be further refined at the site plan stage; • The design of the podium, the at-grade commercial uses, and streetscape improvements will improve the pedestrian experience and physical setting of Victoria Avenue, Walnut Street, and Ellen Avenue; • It will provide opportunities for tourism development and permit residential units to enhance the vitality of the area in the off and shoulder seasons which will support the creation of a complete community; and, • There is adequate municipal services and transportation impacts will be mitigated with the installation of a left turn north-east bound lane on Victoria Avenue. 4. Architectural Design Review All building proposals in the Tourist Commercial area greater than 10 storeys are subject to an Architectural Design Review process. The applicant’s architect submitted an Architectural Design Brief that evaluates the project’s conformity to the 7 principles contained in the City’s Tourism Policy Review Implementation Handbook. Staff have reviewed the Brief and note the following: Principle 1 – Positive Building Base This principle states that a positive base interface between the building and street elements is achieved through built to lines, setbacks, edge treatments, weather protection, transparency, proportion and scale. The podium is articulated to reduce the mass into human-scale elements. The Victoria Avenue and Walnut Street level walls have clear glazing for the retail uses and lobbies for the residential and hotel towers. The Ellen Avenue street wall of on-street townhouses presents a residential form that suitably transitions the building to abutting residential uses. A dedicated drop-off location is internally located off Walnut Street. Page 7 of 18 Page 347 of 751 Principle 2 – Public Realm at Grade This principle states that achieving an upgraded pedestrian environment is done through high quality streetscape, planting, furniture, and signage. At site plan stage, the proposed features such as landscaping, special paving, and streetscape amenities in the form of benches and bike racks will be reviewed and approved in accordance with the Streetscape Masterplan (adopted by Council, 2001). Transportation Services have indicated road widenings are required for Victoria and Ellen Avenues. The proposed commercial uses with multiple entrances at grade will support an active street presence. Principle 3 – Skyview This principle states that maximum sky, light, and air transparency occurs with buildings that have adequate spacing and mass to avoid a feeling of a wall of development. The two towers have been situated to allow for maximum sunlight for the various units. The towers are all setback appropriately from the main building walls. As the towers are offset from each other, it does not form a wall of development. While the towers only differ by one storey in height, visually as the wrapping and textural treatments are different, their visual presence engages the skyline. The towers are setback from the podium edge, maintain the required 12.5 metre setback from the interior side lot line, and 25 metre separation distance from each other. The tower floorplates above the podium does not exceed the permitted 1,000 square metres. The building is constructed at the property line to provide a well defined street edge with a 6 storey podium height of 20-23 metres. While the podium height exceeds the guideline height of 15 metres, it may be supported as the abutting hotels on Victoria Avenue are 6 -7 storeys in height and does not contribute to a wall of development.. The architect has proposed an interesting roof-feature of three glazed sides with a white roof formed from the upward motion of the linear bands that wrap around the building. It will be further refined at site plan stage to ensure that it will add a distinct and interesting feature to the skyline. The proposed external façade design includes a combination of materials (i.e. metal, concrete) and glass in various degrees of transparency and placement to break up the façade. The residential towers will have balconies which will assist in differentiating the towers. No mirrored walls are being created. At the site plan stage, details of the building’s cladding will be reviewed to ensure glazing materials meet the Design Guidelines. Page 8 of 18 Page 348 of 751 Principle 4 – Skyline Height This principle states that the taller the building the greater the emphasis should be on slenderness and achieving a visible skyview between towers. The building is located within the Clifton Hill Subdistrict of the Central Tourist District where buildings to a maximum of 30 storeys in height is permitted. The development will not impact on Queen Victoria Park. The Shadow Study confirmed that the development has limited shadowing impacts on the residential uses to its west as the area has greater than 8 hours of sunlight between March and September. Sufficient sunlight is provided to sidewalks along Victoria Avenue and Ellen Avenue. While shadow impacts are greater along Walnut Street, about 3 hours of sunlight or greater are provided, which meets minimum requirements. The towers are oriented north-south and are off-set from each other. The width of the eastern hotel tower has a smaller footprint and is positioned at the intersection of Walnut Street and Victoria Avenue than that of the western tower which is set further off-set from Walnut Street. The small floor plate and separation of the towers ensures that a wall of development effect is not created. The curvilinear roof and its walls create interest to the skyline as the white structural elements vary from the glass and metal panels. The roof feature flows downward through linear elements that connect it with the podium base. At site plan stage, the specific details of the roof-feature will be determined to ensure that it will add a distinctive and interesting feature to the skyline. Principle 5 - Views and Vistas This principle seeks to maintain or enhance visual connections to the Falls and across the border and avoid obstructing valuable views. The Skylon Tower is to remain a signature feature of the skyline. The towers are located and scaled to reduce their visual mass. It is recognized that they will have a visual impact on the immediate low-rise residential neighbourhood to the west of the Central Tourist District which is expected to transition to mid-rise developments in the future. The skyline views from the Falls and border is maintained by the off -set orientation, variety in design and size of the towers, and their compact floor plate. The development is located about 1,100 metres from the Skylon Tower and will not compete with its ability to remain a signature on the skyline. Page 9 of 18 Page 349 of 751 Principle 6 – Microclimate This principle seeks to implement design measures that will maximize comfort, enjoym ent of the public realm, and minimize impacts on adjacent properties through shadow, wind, and snow. The Pedestrian Level Wind Study, by RWDI, identifies that wind conditions are generally appropriate at ground level, with some impacts shown along Ellen Avenue. The Study recommends the entrances be recessed or sheltered with overhangs and corners of the building rounded. An updated wind study, as recommended, will ensure these impacts are mitigated and mitigation measures are implemented. Principle 7 – Parking and Circulation This principle seeks to reduce the visual impact of parking lots and traffic impacts caused by remote parking lots by containing parking on-site in garages. All parking associated with the proposed development is provided on site in either the above-ground structure or the underground level. Floors 2-6 of the podium, which contain parking, are wrapped in a high quality façade mesh treatment that extends via arches into the base of the building which disguises the parking structu re and prevents it from being seen as an independent component from the overall comprehensive design. The accesses to the parking levels will be reviewed in detail by Transportation Services staff at site plan stage. Preliminary comments have been provided to the developer. 5. Zoning By-law The applicant has requested a new site specific TC zone be applied to the entire site to permit the proposed development. The current site specific Tourist Commercial (TC -75) zone that provides tourist area parking exemptions is to be retained. The TC zone permits hotels, restaurants, retail uses, and dwelling units up to 50% of the total floor area in buildings that contain other permitted TC uses, provided the dwelling units are located entirely above the ground floor. The departures requested from the standard TC regulations are summarized in the following table: Page 10 of 18 Page 350 of 751 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Permitted uses In accordance with the permitted uses in the TC zone Residential above commercial levels up to 50% floor area Eliminate the percentage of floor area requirement for residential uses above commercial levels Permit dwelling units located on the ground floor Add on street townhouse dwelling Maximum lot coverage 70% 100% Maximum building height 12 metres subject to section 4.7 35 and 36 storeys 116 metres subject to section 4.7 Maximum gross floor area Not specified 57, 600 square metres Parking and access requirements Dwelling Units: 1.4 parking spaces for each dwelling unit (647 parking spaces required) On Street Townhouse Dwelling Units: 1 parking space for each dwelling unit (7 parking spaces) No relief required for hotel or commercial uses 1.02 parking spaces for each dwelling unit (471 parking spaces) Loading spaces 5 spaces 4 spaces Front lot line Where a lot is a corner lot and fronts onto three streets, a front yard is required on each street opposite of each other. Victoria Avenue- to be deemed the front lot line Location of various building or structure components including their maximum heights and In accordance with Schedule 4 Page 11 of 18 Page 351 of 751 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION maximum number of storeys and minimum yards (setbacks) The following requested amendments can be supported for the following reasons: • The requested permitted use of on-street townhouses, dwellings on the ground floor, and removal of the percentage of floor area for residential uses above commercial uses may be supported as the podium’s Victoria and Walnut street frontages are proposed to have retail and hotel amenity uses which will animate the street and the Ellen Avenue street frontage maintains a ground level residential component to be compatible with neighbouring residential us es. Residential uses are permitted in the designation and the amending by-law will retain TC uses, such as hotel, and require the street level Victoria Avenue frontage to have TC uses; • The requested increase in lot coverage is supported as a more urban streetscape is desired and there will be roof top amenity space provided for visitors and residents; • The requested increase in building height is supported as the proposed development is within the high-rise area and conforms to the City’s Tourism Policy Review Handbook. Through architectural design, the impact of increased height on public streets and surrounding properties will be minimal; • The reduction in loading spaces by one is supported as a suitable amount of loading spaces are provided for those servicing and supplying goods to the building; • Deeming Victoria Avenue to be the front lot line is supported as this frontage will act as the front of the building due to the active at-grade uses proposed; and, • As stated above, the setbacks from lot lines and the heights for the various components of the building, as shown on Schedule 4, are acceptable. Planning recommends a regulation require all the subject lands be deemed as one parcel as the lands will merge following registration of the deeming by-law as all parcels are under the same ownership. In addition, TC uses will be required along the Victoria Avenue and Walnut Street frontages. The following requested amendment cannot be supported for the following reasons: • The requested regulation of 1.02 parking spaces per dwelling unit cannot be supported by Transportation Services as the site is not located in the transit hub and is not located near day-to-day commercial uses (i.e. grocery stores, pharmacies, etc.) where a lower rate may be considered. As well, the site is currently near residential dwellings and any off-site parking on surrounding Page 12 of 18 Page 352 of 751 streets would have an impact on these properties. Staff cannot support the requested regulation to permit a total of 457 parking spaces for residential uses. In addition, if the number of residential units proposed increases the parking needs will not be met. Staff have expressed their parking concerns with the applicant's consultant and note the applicant wishes to proceed with the current proposal. It is recommended a supported rate of 1.25 parking spaces per dwelling unit be provided as residential parking needs will be met at a rate supported by Transportation Services. It is noted that relief is not required for the other proposed uses as parking is provided in accordance with zoning regulations. 6. Holding (H) Regulations The amending by-law should include a Holding (H) provision to secure the following matter discussed above: • The filing of a Record of Site Condition with the Ministry of the Environment, Conservation and Parks, to the satisfaction of the Region; and, • An updated wind study to address wind mitigation measures. 7. Section 37 Agreements Section 37 agreements are permitted under the Planning Act to secure streetscape and community facilities and to secure the building design approved by Council, in return for increased height. All projects over 4 storeys in height in the City’s tourist area are required to pay for streetscape improvements on abutting streets. To reflect current practice, these streetscape improvements should be incorporated into a Section 37 Agreement. The approximate value of the streetscape improvements is $86,412.29. Where it is determined that development over 30 sto ries has planning merit, a cash contribution based on 5% of the construction cost for the net floor area over 30 storeys is required in return for the height increase. The net floor area excludes elevator and stairwell shafts, mechanical rooms and ventilation shafts. Staff estimates the contribution to be $426,396 for the hotel tower and $750,038 for the residential tower, for a total of $1,176,434. Operational Implications and Risk Analysis There are no operational implications or risk to the City. Financial Implications/Budget Impact Page 13 of 18 Page 353 of 751 The proposed development will provide development charges, cash-in-lieu of parkland dedication and new tax assessment for the City. The proposed development will provide development charges, cash-in-lieu of parkland dedication and new tax assessment for the City. Strategic/Departmental Alignment This proposal contributes to developing a strong and diverse housing market to provide housing choices for all residents. List of Attachments SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 Written by: Julie Hannah, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 15 Mar 2022 Kira Dolch, Director of Planning, Building & Devlopment Approved - 15 Mar 2022 Jason Burgess, CAO Approved - 16 Mar 2022 Page 14 of 18 Page 354 of 751 SCHEDULE 1 (Location Map) Page 15 of 18 Page 355 of 751 SCHEDULE 2 (Site Plan) Page 16 of 18 Page 356 of 751 SCHEDULE 3 (Elevations) Page 17 of 18 Page 357 of 751 SCHEDULE 4 (Proposed Schedule 2 of Amending Zoning By-law) Page 18 of 18 Page 358 of 751 Address: 5613, 5631-5633 Victoria Avenue Applicant: Fugiel International Group Inc. Proposal: To permit a 35 storey hotel building (404 suites) and 36 storey apartment building (469 units) with a shared 6 storey podium Official Plan & Zoning By-law Amendment Application AM-2021-019 Page 359 of 751 A GREAT CITY…FOR GENERATIONS TO COME Location PROPOSED DEVELOPMENT Tourist Attractions Hotel Detached Dwellings Hotel Commercial Page 360 of 751 A GREAT CITY…FOR GENERATIONS TO COME Applications •Official Plan Amendment-currently designated Tourist Commercial –Place the lands under a Special Policy Area designation to allow 35 and 36 storey towers at a maximum height of 116 metres •Zoning By-law Amendment-currently zoned Tourist Commercial-75 –Place the lands under a new site specific Tourist Commercial zone Page 361 of 751 A GREAT CITY…FOR GENERATIONS TO COME Background •Approximately 0.56 ha (1.39 ac) of land on 6 parcels. •35 & 36 storey development consisting of: –6 storey podium •Commercial uses & above grade parking –29 storey hotel tower •404 guest suites –30 storey residential tower •462 apartments •7 on-street townhouses Page 362 of 751 A GREAT CITY…FOR GENERATIONS TO COME Site Plan 7 storey 7 storey Hotel 29 storeys Residential 30 storeys Outdoor Courtyard- 6 storey 6 storeys 6 storeys Page 363 of 751 A GREAT CITY…FOR GENERATIONS TO COME Elevations Page 364 of 751 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •Increased volume of traffic and more speeding. •Changing character of residential neighbourhood. •Blocking sunlight and view. •Height of towers is not reasonable. •Loss of privacy and potential for items to fall off building. •Over-development of site.Page 365 of 751 A GREAT CITY…FOR GENERATIONS TO COME Staff Response •Traffic patterns and volume not expected to be excessive. •Land north and west of site designated for mid-rise development. •Residential properties will not have shadowing after 10:30 am. •Suitable interface with residential uses on Ellen Avenue. •Development of site will comply with Ontario Legislation.Page 366 of 751 A GREAT CITY…FOR GENERATIONS TO COME Policy Review •Provincial Policies –Satisfies Provincial matters and proposes compatible uses that will support a liveable and resilient community •Regional Official Plan-Built-up Area –Intensification and mixed uses will support economy and promote increased opportunities for tourism •City Official Plan-Tourist Commercial –Mixed use, high-rise buildings up to 30 storeys are permitted. –Design and built form policies are met, as shadowing and wind impacts are not excessive and meets criteria to exceed 30 storeys, there are adequate municipal services available, and transportation impacts are mitigated with left-turn lane on Victoria Ave.Page 367 of 751 A GREAT CITY…FOR GENERATIONS TO COME Architectural Design Review Tower 1-Residential Tower 2-Hotel View on EllenView from Victoria View on Victoria View from Ellen Page 368 of 751 A GREAT CITY…FOR GENERATIONS TO COME North Elevation-Walnut St view South Elevation-abutting property view Page 369 of 751 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Proposed: Maximum Height 116 m and a maximum of 35 & 36 storeys (permitted: 12 m) Proposed: Eliminate percentage floor area for residential uses above commercial levels Permit dwelling units on ground floor Add on-street townhouse dwelling Maximum Gross Floor Area-57,600 m2 Proposed: Max. Lot Coverage 100% (permitted: 70%) 4 loading spaces (required 5 loading spaces) Proposed: 1.02 parking spaces/dwelling unit (required 1.4 parking spaces/dwelling unit)Page 370 of 751 A GREAT CITY…FOR GENERATIONS TO COME Recommendations –Approve the Official Plan and Zoning By-law amendments to permit a 35 storey hotel & 36 storey apartment and on-street dwellings, subject to a parking rate of 1.25 parking spaces/dwelling unit. –The amending zoning by-law have a Holding provision to require a Record of Site Condition and updated wind study. –The passage of the amending by-laws are conditional on the execution of a Section 37 Agreement.Section 37 Agreement will secure for the City: •Streetscape Improvements $86,412.29 •Cash Contributions $1,176,434 –Pass a by-law to deem Lots 139 and 140 to not be in a plan of subdivision to allow the subject land to merge in title.Page 371 of 751 PublicMeeting Official Plan & Zoning By-law Amendment 5613, 5629, 5633, 5645 Victoria Avenue and 4890, 4902 Walnut Street City of Niagara Falls March 22, 2022 Page 372 of 751 Falls AvenueF a l l s A v e n u e Stanley AvenueVictoria Avenue Palmer A v e n u e River Road Niagara Park way SUBJECT SITE Aerial Photo Area Context Page 373 of 751 Mcgrail Avenue Ellen Avenue Ki t c h e n e r S t r e e t Victoria Avenue Victoria AvenuePalmer Avenue Oneida LaneCentre StreetWalnut StreetHunter StreetFalls AvenueSUBJECT SITEAerial Photo Site Context Page 374 of 751 Proposed Development Proposal Two towers of 35 and 36 storeys on a 6-storey podium •35-storey East tower containing 404 hotel rooms. •36-storey west tower containing 462 condo suites and mixed-use podium. •7 street-level townhouses along Ellen Ave. •469 new residential dwelling units overall. •6 levels of above grade parking, 1 level below grade. •Retail is proposed at grade. *Rendering for illustrative purposes only and is subject to changePage 375 of 751 •35 storey hotel tower proposed along Victoria Avenue •36 storey Condo tower proposed along Ellen Avenue •6 storey mixed-use podium with parking on floors 2-6, condo units and amenity on setback levels 6-8 Proposed Development Site Plan Page 376 of 751 •Retail is proposed at grade along Victoria Avenue •Loading / drop-off area off Walnut St. •Access from Victoria Ave and Ellen St. •Townhouses along Ellen Avenue •Service Corridor and parking ramps from both Ellen and Victoria Avenues along the south lot line Walnut Street Victoria AvenueEllen AvenueProposed Development Ground Floor Page 377 of 751 Required Approvals Official Plan Amendment Increase the maximum permitted height and secure bonusing resources as set out in the Official Plan Zoning By-law Amendment Rezone lands to new site-specific Tourist Commercial zone (TC-XXX) to: • Permit on-street townhouses at ground floor; • Eliminate percentage of floor area requirement for dwelling units; • Introduce site-specific exceptions including lot coverage, building height, setbacks and stepbacks, parking spaces, and loading area regulations; and • Deem Victoria Avenue to be the front lot line.Page 378 of 751 Summary of Work Completed: Planning & Urban Design Rationale Report Architectural Concept Plans, Renderings, Sun/Shadow Study Functional Servicing Report, Stormwater Management Report, Engineering Plans, Infrastructure Modelling Geotechnical Study, Environmental Site Assessment Transportation Impact & Parking Study Pedestrian Wind Assessment, Wind Tunnel Testing Landscaping Plans Page 379 of 751 Report of the Ontario Housing Affordability Task Force •Recommendation 12: would set uniform provincial standards for urban design, including: o building shadows and setbacks; o removing rules that prioritize preservation of neighbourhood physical character over new housing; o removing requirement for municipal approval of design matters like a building’s colour, texture, type of material or window details; and o removing or reducing parking requirements.Page 380 of 751 Questions & Feedback Thank you! Evan Sugden HBASc, MA, CAHP, RPP, MCIPSenior PlannerBousfields Inc.        1 Main Street East, Suite 200Hamilton, ON 905.549.3005 x.259 Email: esugden@bousfields.ca Website: www.bousfields.ca Page 381 of 751 Julie Hannah From:Brenda Hicks <_ Sent:Monday,October 11,2021 6:34 AM To:Mathew Bilodeau;Jim Diodati;Alex Herlovitch Subject:Re:Walnut St. Hi Matthew Happy Thanksgiving. Once again I am emailing on behalf of the neighbours with this new development that is happening on Walnut Street and Ellen. You keep saying that your data warrants nothing to be done on Walnut regarding the amount of traffic and the speeding that happens daily on our street.Well this structure is going to cause a lot more traffic and Walnut St will be the street of choice for people getting to that structure.It will become the new Victoria Ave. Now that this building is going to be built and unfortunately it is a done deal because it is a tourist commercial and we have no say in whether it gets built or not the only say we have is if this person can add 5 more stories to the 30 that he wants to build.It isn't fair that structures can be built so close to a residential area of people who have been here longer than that area he wants to build on.We have been here 48 years while others have been here longer than that.They say change is good but this change is not good for the neighbourhood.Our street is not our street anymore and no one seems to care. This structure will bring more traffic and more speeding on our street. Something needs to be done to make this street safe again which it is not right now and won't be once that structure is put up. Unfortunately,the tourists are more important than the residents on this street.They don't pay taxeslike we do. It looks like it is time to put our home which we love up for sale because we are getting nowhere with our problem which now has grown out of proportionwith this structure going up and we have no choice in the matter. As always,thanks for listening Brenda Hicks RECE Niagara Falls,Ontario Page 382 of 751 Julie Hannah From:Brenda Hicks «_,.._...w.../ Sent:Monday,February 28,2022 5:11 PM To:Julie Hannah Subject:re:Public meeting Fugiel International Group Inc Zoning By~law Hi With regard to the land that designated Tourist Commericaland the fact that the proposed development wants to develop a 35 story apartment building with 469 units with a shared 6 storey podium,we have this to say regarding his request. 1.Just the fact that there will be 469 units this adding an extra 900 vehicles daily on Walnut St which as far as we are concerned will become "the driveway"for this development.Our street is bad enough,especially with part of Centre street closed to patio dining and all that traffic going to Clifton Hill comes down our street and on July 1st and New Years‘Eve we have traffic using our street to exit the city and it is bumper to bumper,radios blaring,horns honking and you can not get out of your driveway God forbid you to have an emergency because no emergency vehicles will be able to get down out street so with this we feel that this developmentwill add more traffic to our street 2.There is already a 30 storey limit the is no need for an extra 50 to 60 feet height addition as far as we are concerned a 30 story limit shouldn't happen at all. 3.Even though this area has been deemed tourist commercial the city just doesn't care about the residents of Walnut St and this developmentis just a form of greed that takes precedence over what the residents of this street want for our area we have been in this area for 49 years and the changes have been awful there are more Airbnb's here than there has ever been and now one cares and now this development is added to the mix,Yes,it is tourist commercial there is no need to let the residents know what is happening before it goes to council for approvable and that in itself is so wrong this just shows that the city doesn't care about the residents who live here. 4.The noise level will increase with all the extra traffic once long agothis used to be a very quiet street 5.Construction vehicles will destroy our street. 6.What about the extra drain on the sewer system has that been taken into account. 7.My house has been here for 120 years and it is a Heritage House this development doesn't suit this area it is too modem and too large.' 8 Remember this is a residential area too changes need to be made so that residents have a say as to what can and can not be built yes it is tourist commercial but wit that being said that needs to change to the residents have some say.‘ All in all,we disagree with this development in more than one way.It should not be built at all and to go 35 notRayand Brenda HicksPage 383 of 751 Julie Hannah From:.Alisa Qiu < _J Sent:Thursday,October 14,2021 9:05 AM To:Julie Hannah , Subject:[EXTERNAL]—objectto the design of S613,5631~5633 Victoria Avenue Dear Council member, I am Alisa,and very pleased on behalf of CUBIC SECOND CANADA LIMITED to express our opinion about the coming public meeting remotely of 5613,5631-5633 Victoria .AVenue.The address of our company is I Niagara Falls,ON The following is what we think. Btw,my English is not good,but I will try my best to express our ideas,please give me more patience.Thanks. This tall building will impact our property very badly. 1.l3lockingalotof sunshine. 2.Blocking sight,blocking our View of distant buildings and landscapes. 3.'Blocking half the sky and affecting the view. 4.The two tall buildings will have a View of the waterfall.But one of the condo buildings rule out my company’s possibility of building tall buildings to see waterfalls permanently in the near future. 5.Such a high building density would put pressure on the traffic on the surrounding streets, because the surrounding properties willbe affected by this hearing,they will also design high—density buildings. In one word,our company strongly objects tothis design. Could you please let me know you received this email or not?I appreciate it.Page 384 of 751 it you have any questions you need to Contact me,1 am glad to answer.My Cell pnone number is C 'but my English is not good,I prefer email or text,up to you.Thanks! Sincerely, Caijuan Li (Alisa) CAUTION:This email originated from outside of the organization.Do not ciici<links or open attachments unless you recognize the sender and know the content is safe.Page 385 of 751 Julie Hannah From:Nianjiu Qiu <t..w.,~_..,.c....a.-.v 4 Sent:Thursday,October 14,2021 9:38 AM To:Julie Hannah Subject:[EXTERNAL]—objecttothe design of 5613,5631 -5633 Victoria Avenue Dear council member, good morning, I am Ni anjiu Qiu,the owner of the property (the address is Niagara Falls, I object to the design of 5613,5631—5633Victoria Avenue. Here is my thought. 1.Blocking a lot of sunshine. 2.Blocking sight,blocking our View of distant buildings and landscapes,especially ?reworks. 3.The two tall buildings will have a View of the waterfall.But one of the condo buildings rule out my coInpany’s possibility of building tall buildings to see waterfalls permanently in the near future. 4.Such a high building density would put pressure on the traffic on the surrounding streets, because the surrounding properties will be affected by this hearing,they will also design high~ density buildings. I object to the design of 5613,5631-5633 Victoria Avenue. Could you please let me know do you received this email or not’?I appreciate it. Sincerely, Nianjiu Qiu Page 386 of 751 JulieHannah From:Alisa Qiu « V _ Sent:Tuesday,October 26,2021 11:21 AM To:Julie Hannah ' Subject:[EXTERNAL]—Rearrangedobjection to the design of 5613,5631-5633 Victoria Ave Follow Up Flag:Follow up Flag Status:Completed Dear Julie, Good morning! Thankfor your hard work on holding this hearing,and we can get this precious opportunity to express our idea,we appreciate it very much. In terms of the public meeting on Oct 25 at 5pm yesterday late afternoon,I rearranged objection to the design of 5613,5631-5633 VictoriaAve,please take a look. This tall building will impact our properties very badly. l.Blocking a lot of sunshine. 2.Blocking sight,blocking our view of distant buildings and landscapes. 3.Blocking half the sky and affecting the view. 4.The two tall buildings will have a view of the waterfall.But one of the condo buildings rule out my company’s possibility of building tall buildings to see Waterfalls permanently in the near future. 5.Such a high building density would put pressure on the traffic on the surrounding streets, because the surrounding properties will be affected by this hearing,they will also design high—density buildings. inside room.8.having severe repression due to such tall tower building when every time look up.9.having air pollution mainly due to air turbulence and Wind cut.1Page 387 of 751 We're not objecting to the part of the design that's legally required,we're objecting to the part of the design that require hearings.Because it hurts us too much,it belittles the value of our property to a great extent. My English is not good enough to express properly,but your council members and designers are all professionals,and be able to understand how damaging this design is to us. This design has done us far more harm than the 9 items we listed above,we will not list them all,you know,I am not good enough in English expression. The hearing yesterday said that the council meeting would be held in the next step,and we would also like to attend it.Please let me know the time and method of this meeting. Could you please also send our objection to members of council,thanks. The three of us were strongly opposed to the design. Warmly regard &Thanks, _ The company representative of Cubic Second CanadaLtd :Caijuan Li The owner of 4 --._..,Niagara Falls,ON 2 Nianjiu Qiu The owner of -Niagara Falls,ON 7 mgjuan Yang. CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you recognize the sender and know the content is safe.Page 388 of 751 Julie Hannah From:A D <l _ Sent:Monday,October 25,2021 9:41 AM To:Julie Hannah Subject:[EXTERNAL]—Problemsubmitting comments regarding meeting tonight Hello Julie Hannah l have tried to email A.Herlovichtwice regarding comments for tonight's meeting. Both emails were returned to me. Can you please send this to him?I have no idea why they were not received. Thank you City File AM 2021~O19 Hello: I am not sure of the commenting process but am writing some concerns about the proposed plan for two towers to be built on the site of Victoria Ave.,Ellen Ave.and Walnut Street. '> I believe this site is not appropriate forthis type of development for a few reasons: -It is a.major building project whichis not going to fit in this small piece of land. -The site is very close to the major tourist area of Clifton Hilland Victoria Avenue,which is congested already! -Traffic will be greatly increased with these two towers.The traffic in this area is already very bad during the spring,summer and fallseasons. -The environmental concerns are also to be considered.Exhaust fumes from the increase of traffic from those buildings,for one.Where is the exhaust from the parking areas/garages going to be released? -Sunlight will be blocked fromthe neighbouring streets for most of the day.Noise levels to increase?. -There are many homes in this area,with long—timeresidents.They will be hindered by this huge development,in many ways. -The height of these towers is not reasonable for this area. -The people living in the condos will have a very difficult time driving in that area during the spring,summer and fall seasons,due to tourist traffic. is looking more and more like a big city such as Mississauga.This is just a short note of concerns.Page 389 of 751 Thank you Ann CAUTiON:This email originated from outside of the organization.Do not clicklinks or open attachments uniess you recognize the sender and know the content is safe.Page 390 of 751 Julie Hannah From:Alex B <. Sent:Monday,March21,2522'1.i:Ho2AM To:Julie Hannah Subject:[EXTERNAL]~CityFileAM—2021-019 I am 100%against this monstrosity that they want to build across me..I would like to be notified of the decision please. Thank you Alex CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you recognize the sender and know the content is safe.Page 391 of 751 PBD-2022-11 Report Report to: Mayor and Council Date: March 22, 2022 Title: AM-2021-027 Zoning By-law Amendment and 26CD-11-2021-006 Draft Plan of Vacant Land of Condominium 5269-5279 Van Alstyne Place Applicant: 2579366 Ontario Inc. (Ranjit Mahil) Agent: Upper Canada Consultants (Craig Rohe) Recommendation(s) 1. That the application to amend the Zoning By -law be approved, subject to the regulations outlined in this report. 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix A. 3. That the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council. 4. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 5. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 6. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the Condominium when all matters are addressed to the satisfaction of the City Solicitor. Executive Summary 2579366 Ontario Inc. has submitted an application to develop 0.46 hectares (1.14 acres) of land located at 5267-5279 Van Alstyne Place as a vacant land condominium. Page 1 of 15 Page 392 of 751 Registering a plan of condominium on the lands will allow for the individual ownership of 4 semi-detached and 15 townhouse dwelling units, with the private road and visitor parking area in common ownership. The applicant has also applied to amend Zoning By-law No. 79-200 to zone the land a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to facilitate the proposed development. Planning staff recommends the applications, for the following reasons: • The proposed development conforms to Provincial policies and the City’s Official Plan as it provides a variety of housing types, meets the density targets, and is transit supportive within the Built-up Area; and, • The requested site specific residential zone maintains appropriate regulations for the proposed dwelling types and ensures the proposed development will be compatible with surrounding properties. The conditions of draft plan approval, which must be satisfied before condominium registration, are listed in Appendix A. These conditions address servicing, parkland cash- in-lieu payment, landscaping, utility installation, and all other matters related to the development of the vacant land condominium. Background Proposal 2579366 Ontario Inc. has submitted an application to develop 0.46 hectares (1.14 acres) of land located at 5267-5279 Van Alstyne Place as a vacant land condominium. Refer to Schedule 1 for the location and Schedules 2 and 3 for details of the proposed vacant land condominium. The condominium will result in the individual ownership of 4 semi-detached and 15 townhouse dwelling units, with the private road and visitor parking area in common ownership. The applicant has also applied for a Zoning By-law amendment to amend Zoning By-law No. 79-200. The land is currently zoned Residential Two (R2) zone in By -law No. 79- 200. The applicant is requesting the lands be rezoned to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to add semi-detached dwelling as a permitted use and reduce lot area, lot frontage, rear yard, interior side yard, and privacy yard depth regulations to facilitate the proposed development. Page 2 of 15 Page 393 of 751 Site Conditions and Surrounding Land Uses The subject land contains the former two storey Masonic Hall and a detached dwelling. To its north and south are detached dwellings; to its south-west is a two storey apartment dwelling; to its east is the three storey Bell Canada building; and, to its we st is the two storey Niagara Hindu Samaj place of worship. Circulation Comments • Bell Canada, Canada Post, Cogeco, Enbridge, Fire Services, Municipal Works, Niagara Region o No objections, subject to meeting the conditions listed in Appendix A. • Building Services o Demolition and building permits will need to be obtained. Building permit fees and development charges will be assessed during building permit application review. • Business Development, GIS Services, Legal Services, Transportation Services o No objections. Neighbourhood Comments A neighbourhood open house was held remotely on January 31, 2022 and was attended by the applicant’s agent as well as 1 resident, who expressed support for the proposal. In addition, 1 written letter was received that was not in favour of the proposed development. Concerns raised include infrastructure capacity, on-street parking, loss of privacy, and the proposed modern architectural style in a predominately traditional neighbourhood. In response to the concerns raised, staff note: • That draft plan conditions require the confirmation of infrastructure capacity for the development. • The proposed development meets parking requirements and visitors parking is provided on site. • On street parking is permitted on the west side of Van Alstyne Place which may be widened with the installation of new services and on Stamford Street. • The building height is under the minimum height regulation of the land’s current R2 zone and the proposed R4 zone. • The neighbourhood is not a designated Heritage Conservation District. Architectural control is not in place. • A perimeter screening fence will be installed to buffer neighbours. Page 3 of 15 Page 394 of 751 Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: • The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act; • The proposed development is transit supportive, assists in the creation of a complete community, and minimizes land consumption and servicing costs; • The creation of 19 dwelling units within the Built-up Area will contribute to the City’s annual residential intensification rate and diversify the housing type and tenure available to residents; • The Environmental Site Assessment found the property is suitable for residential development and a Record of Site Condition must be filed; and, • The recommended regulations will facilitate the development of land in a manner that offers housing that will accommodate the needs of people of all ages, abilities, and incomes while maintaining appropriate levels of health and safety. 2. Regional Official Plan The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan. The proposed development conforms as follows: • The proposed development is compact, offers a variety of housing types, is transit supportive, and will result in intensification in the Built-up Area. 3. City's Official Plan The subject land is designated as Residential in the City's Official Plan. The proposed development conforms as follows: • The proposed development would construct 4 semi-detached and 15 block townhouse dwellings at a density of 40 units per hectare which is permitted and contributes to the creation of a complete community; • The height is consistent and the setbacks are compatible with the existing community; • The proposed development contributes to the City’s annual residential intensification rate with 19 dwelling units within the Built-up Area; • The extension of municipal services on Van Alstyne is orderly and logical. Conditions of approval address servicing matters; and, Page 4 of 15 Page 395 of 751 • The surrounding transportation network can support the proposed development. Conditions of approval include sidewalk construction on Van Alstyne to facilitate active transportation. 4. Zoning By-law The applicant is requesting the land be zoned a specific Residential Low Density, Grouped Multiple Dwellings (R4) zone. The R4 zone permits a townhouse dwelling, an apartment dwelling, group dwellings, accessory buildings and accessory, and a home occupation in a detached dwelling or semi-detached dwelling or a duplex dwelling. The changes to the standard R4 regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION Permitted uses In accordance with Section 7.9.1 Add: Semi-detached dwelling in accordance with the regulations contained in Section 7.9.2 for a townhouse dwelling Minimum lot area – For a townhouse dwelling 250 square metres (2,691 ft2) 244 square metres (2626 ft2) for each dwelling unit Minimum lot frontage – For a townhouse dwelling or an apartment dwelling containing more than four dwelling units 30 metres (98.4 ft) 12.19 metres (39 ft) Minimum rear yard depth- For a townhouse dwelling 7.5 metres (24 ft) 7.29 metres (23 ft) Minimum interior side yard width One-half the height of the building (4.89 metres) 2.9 metres (9 ft) (east) 2.2 metres (7 ft) (west) Minimum privacy yard depth for each townhouse dwelling unit 7.5 metres (24 ft) 7.29 metres (23 ft) (north) 1.9 metres (22 ft) (south) The requested zoning is appropriate as follows: Page 5 of 15 Page 396 of 751 • The R4 zone is intended to regulate block townhouse dwellings and the semi- detached dwellings will have similar form; and, • The requested reduction in the R4 regulations for townhouses regarding required minimum lot area, rear yard depth, interior side yard width, and privacy yard depth are supported as suitable setbacks are being maintained, an acceptable building envelope remains, and it facilitates a compact urban form. The requested reduction in lot frontage is to recognize the existing frontage at the terminus of Van Alstyne Place which will be utilized as the private road access. Staff recommend that the site specific zone specify Van Alstyne Place is the frontage as the property has frontage on both Van Alstyne Place and Second Avenue. Staff recommend that an apartment dwelling, permitted in the R4 zone, not be permitted in the site specific zoning. 5. Condominium Design and Conditions of Approval The proposed condominium will accommodate the individual division of the subject land into 19 units for the construction of semi-detached and townhouse dwellings, provide a private road off Van Alstyne Place, and common visitor parking. In considering a proposed plan of condominium, Council shall have regard to the planning matters listed under Section 51(24) of the Planning Act. The proposed development complies as follows: • The proposed development complies with matters of Provincial interest, listed under Section 2 of the Planning Act, and is not premature as servicing is available and it is located within the Built-up Area; • The proposal conforms with the City’s Official Plan and integrates with adjacent subdivisions. The land’s configuration is suitable for development. Each rectangular shaped unit will be provided with exclusive front and rear yard amenity space. The units back onto the property lines of existing development; • Adequate access will be provided from Van Alstyne Place; • The proposed development can be adequately serviced by municipal services and students may attend neighbourhood schools located approximately 1 km from the property; • No lands will be conveyed for public purposes; • The configuration of the proposed development and the construction of the units will result in an energy efficient design; and, • The site plan matters such as landscaping, servicing, and lighting are addressed through draft plan of conditions that will be cleared prior to the execution of the condominium agreement that will be registered on title. Works will be secured through the provision of security that will be held until satisfactorily completed and certified. Page 6 of 15 Page 397 of 751 A comprehensive set of conditions, addressing City, Regional, and agency concerns, are listed in Appendix A and includes the following: • Extension of services at the developer’s cost; • Cash in lieu of parkland dedication; and, • All other matters typically covered under the vacant land of condominium process (i.e. execution of a condominium agreement, provision of utilities and mail service, engineering works, landscaping including wood screening fencing and trees to buffer neighbours, and necessary fees and securities). Operational Implications and Risk Analysis There are no operation implications and no risk to the City. The future condominium corporation will be responsible for maintenance of the property. Financial Implications/Budget Impact The proposed development will generate development charge contributions and property tax revenue for the City. Extension of services is to be at the applicant’s cost. There are no other financial implications. Strategic/Departmental Alignment The proposed condominium supports the Diverse Housing Strategic Priority by providing housing to meet the needs of people of all ages, incomes and abilities. List of Attachments SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 Appendix A - Conditions of Draft Plan Approval Written by: Julie Hannah, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 11 Mar 2022 Kira Dolch, Director of Planning, Building & Devlopment Approved - 14 Mar 2022 Jason Burgess, CAO Approved - 15 Mar 2022 Page 7 of 15 Page 398 of 751 SCHEDULE 1 (Location Map) Page 8 of 15 Page 399 of 751 SCHEDULE 2 (Site Plan) N Page 9 of 15 Page 400 of 751 SCHEDULE 3 (Plan of Condominium) N Page 10 of 15 Page 401 of 751 APPENDIX A Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, dated October 27, 2021, showing 19 units of vacant land for dwelling units as well as a common private road, amenity and parking areas. 2. The Zoning By-law Amendment to permit the proposed development come into effect. 3. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including, but not limited to site elevation and landscaping drawings, to confirm zoning compliance. 4. The developer provide two copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 5. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 6. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 7. The developer provide a landscape plan, prepared and stamped by a Landscape Architect (OALA) including any changes will be part of this review. Plan to include wood screen fence along adjacent residential properties. 8. A tree survey plan is required in accordance with City of Niagara Falls Site Plan standards. Effort should be made to preserve existing trees. This includes tailoring grading design to fulfil engineering requirements as well as tree preservation. 9. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. 10. The roadway within the Vacant Land Condominium Plan shall be designed and constructed in accordance with City standards. 11. External road improvements to be provided if required on Van Alstyne Place. 12. All sewer and watermain extensions on Van Alstyne Place will require an ECA. 13. All underground services within the subject lands shall be designed and constructed in accordance with City standards. 14. The developer must submit a Servicing Report to demonstrate that available municipal infrastructure is sufficient to service the proposed development. Where existing watermain flows and/or pressures are unknown, testing shall be conducted in coordination with the City of Niagara Falls Environmental Services Division and at the Developer’s expense. 15. Private fire hydrants to be provided if required within the development. Page 11 of 15 Page 402 of 751 2 16. The developer shall construct sidewalks connecting to the existing municipal sidewalk for pedestrian connectivity. The developer shall replace all municipal sidewalk damaged during construction in accordance with City standards. 17. Lot grading to be designed and constructed in accordance with City standards. 18. The developer pay the applicable Development Charges in place at the time of Vacant Land Condominium (Proposed 19 unit condominium) execution and building permit issuance in accordance with the By-law No. 2017-87, as amended. 19. Lighting designs to be prepared by a professional engineer. Design to be independently powered and metered. Photometric plans to be submitted, demonstrating zero impact on neighbouring properties. 20. The developer is to provide to the City all proposed site servicing, grading and photometric plans for the subject property for review and approval prior to start of construction. 21. The developer pay to the City the required fees for the administration as per the above. 22. The engineering consultant to provide written acceptance that the works completed conforms with the City’s Accepted Drawings and in accordance with the NPSCD and City construction specifications. 23. The developer is responsible to obtain all required agency approvals (MNR, NPCA, DFO, Regional Niagara, MTO, MOECC, CN, Hydro One Networks Inc., etc.) and is required to apply for a Site Alteration Permit if any works are to be scheduled to commence prior to the full execution of any applicable Municipal Agreement(s). 24. The developer provide the necessary servicing drawings to Fire Services, to confirm compliance of the development with Section 3.2.5.7 of the Ontario Building Code, including the location of the fire hydrants. Fire hydrants to be identified will be considered private hydrants and as such will be subject to the testing and maintenance requirements of the Ontario Fire Code. Landscaping including plantings shall not obstruct the fire access route. 25. The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. 26. The Owner agrees that should any conflict arise with existing Bell Canada fa cilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. 27. The Owner is to contact Bell Canada at planninganddevelopment@bell.ca during the detailed utility design stage to confirm the provision of communication/telecommunication infrastructure needed to service the development. Page 12 of 15 Page 403 of 751 3 Note: It is the responsibility of the Owner to provide entrance/service ducts from Bell Canada’s existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay for the extension of such network infrastructure. If the Owner elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. 28. The applicant shall contact Enbridge Gas to determine gas availability, service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. 29. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phased construction, all costs are the responsibility of the applicant. 30. In the event that easement(s) are required to service this development, and any future adjacent developments, the applicant will provide the easement(s) to Enbridge Gas Inc. at no cost. 31. The owner shall complete to the satisfaction of Canada Post: a) Include on all offers of purchase and sale, a statement that advises the prospective purchaser: i) that the home/business mail delivery will be from a designated Centralized Mail Box. ii) that the developers/owners be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. b) The owner further agrees to: i) work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. ii) install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes. iii) identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision. iv) determine the location of all centralized mail receiving facilities in co- operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are Page 13 of 15 Page 404 of 751 4 also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. 32. That following completion of any remediation and/or risk assessment work, if required, a Record of Site Condition (RSC) shall be filed on the Ministry of the Environment, Conservation and Parks’ Environmental Site Registry in accordance with Environmental Protection Act and associated regulations as amended. Copies of the Environmental Site Assessment and site remediation reports as well as a copy of the Ministry of the Environment, Conservation and Parks’ written acknowledgement of the filing of the RSC, together with a certification from a Qualified Professional (QP) that the development lands meet the applicable standard(s) of the intended land uses shall be submitted to Niagara Region. A reliance letter from a QP shall also be submitted to Niagara Region, to indicate that, despite any limitations or qualifications included in the above submitted reports/documents, the Region is authorized to rely on all information and opinions provided in the reports submitted, in order to clear this condition. 33. That the owner provides written acknowledgement to Niagara Region stating that draft approval of this condominium does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the owner. 34. That the owner submit a written undertaking to Niagara Region that all offers and agreements of Purchase and Sale, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that a servicing allocation for this development will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement. 35. That prior to final approval for registration of this plan of condominium, the owner shall submit the design drawings (with calculations) for the sanitary and storm drainage systems required to service this development and obtain Ministry of the Environment Compliance approval’s under the Transfer of Review Program. 36. That the owner shall comply with Niagara Region’s Corporate Policy for Waste Collection and complete the Application for Commencement of Collection and Indemnity Agreement prior to waste collection services commencing. 37. That the following clause be included in the Condominium Agreement and inserted into all offers and agreements of Purchase and Sale or Lease for each of the affected dwelling units: “Purchasers/Tenants of townhouse units 3-7 and 8-13, inclusive, are advised that in order to accommodate Regional Waste Collection Services, waste and recycling containers will need to be brought to designated waste collection pads on the required collection day.” Page 14 of 15 Page 405 of 751 5 Notes: • Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. • Prior to final approval for registration, a copy of the executed condominium agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses have been included. Niagara Region recommends that a copy of the draft agreement be provided in order to allow for the incorporation of any necessary revisions prior to execution. • Clearance requests shall be submitted to the Region in accordance with the Memorandum of Understanding, which stipulates that requests for formal clearance of conditions are to be received and circulated to the Region by the local municipality. The local municipality is also responsible for circulating a copy of the draft agreement, and the Region is unable to provide a final clearance letter until the draft agreement is received. The Region is committed to reviewing submissions related to individual conditions prior to receiving the formal request for clearance; however only one formal clearance letter will be issued. In this regard, studies and reports (one hard copy and a PDF digital copy that is AODA compliant) can be sent directly to the Region with a copy provided to the local municipality. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1-4 (inclusive) - Legal Services for Condition 5 & 6 - Parks Design for Conditions 7-9 (inclusive) - Municipal Works Department for Conditions 10-23 (inclusive) - Fire Services for Conditions 24 - Bell Canada for Condition 25-27 (inclusive) - Enbridge Gas for Condition 28-30 (inclusive) - Canada Post for Conditions 31 (inclusive) - Region of Niagara for Conditions 32-37 (inclusive) Page 15 of 15 Page 406 of 751 VAN ALSTYNE PLACE REDEVELOPMENT 5269-5279 VAN ALSTYNE PLACE CITY OF NIAGARA FALLS PUBLIC MEETING MARCH 22, 2022 DRAFT PLAN OF VACANT LAND CONDOMINIUM (26CD-11 -2021-006) ZONING BY-LAW AMENDMENT (AM-2021-027) Craig Rohe, M.Pl., MCIP, RPP Senior Planner Upper Canada Consultants Page 407 of 751 What is being proposed? The property owner has submitted applications for Draft Plan of Vacant Land Condominium and a Zoning By-law Amendment. Condominium •19 Dwelling units •15 Block Townhouse, 4 semi-detached •8 visitor parking spaces Zoning •Residential 2 (R2) to Site Specific Residential Low Density, Grouped Multiple Dwellings Zone (R4) •Will permit townhouses and semi-detached dwellings •Site Specific relief needed to facilitate design.Page 408 of 751 Developable Area 5269-5279 Van Alstyne Place, Niagara Falls Land Area: 0.46 Hectares Frontage: 12.19 metres (Van Alstyne Place)Page 409 of 751 Page 410 of 751 Page 411 of 751 Page 412 of 751 Page 413 of 751 Page 414 of 751 Preliminary Design Concept •Three-storey dwellings with flat roofs. •Semi’s and Town will have the same design character. •Each unit will have a private garage parking space.Page 415 of 751 Zoning Amendment Site Specific Relief requested to facilitate development design. Permit Semi-detached Dwellings Minimum Lot Area per Unit –244 sq. m per unit, whereas 250 sq. m per unit is required. (-7.0 sq. m. per unit) Minimum Lot Frontage –12 metres whereas 30 metres is required (existing) Minimum Rear Yard –7.2 metres whereas 7.5 metres is required. (-0.3 metres) Minimum Privacy Yard –6.9 metres whereas 7.5 metres is required, for Units backing on to one another. (-0.6 metres) Minimum Interior Side Yard Setback –2.2 metres (Semi) and 2.9 Metres (Townhouse) whereas half the height of the building (~5 metres) is required.Page 416 of 751 Next Steps •Detailed design and engineering submission in early Spring/Summer of 2022. •Clearance of Conditions and execution of Condominium Agreement. •Some site and grading works may be possible in late summer 2022.Page 417 of 751 Julie Hannah From:Johnny 0 < Sent:Monday,January 31,2022 7:05 PM To:Julie Hannah Subject:Re:Draft Plan of Condominium Application —City File:26CD—1‘l~2021—0O6 Hello: lam writing regarding the proposed multi-dwelling condominium planned for 5269-5279 Van Alstyne Place.I am a resident of Stamford St.and have several concerns that I wish to voice. My first concern pertains to the added traffic that will result from this new development.These nineteen new homes will only have Van Alstyne Pl.as their sole entry/exit point from Stamford St..in the Planning Justification Report submitted to the City by 2579366 Ontario Ltd.,it states that "Stamford Street is a local road with minimal traffic volumes."l dispute this.Regardless of the road dead—ending shortly past Van Alstyne Pl.,there exists a regular flow of traffic to this point of the street,particularly due to the existing apartment building on Van Alstyne Pl.—~due to it being a multi-dwelling building,there are always cars coming to~and—frofrom this apartment building.In addition to this is the increased presence of delivery drivers adding to the flow of daily traffic.Moreover,as the Planning Justification Report states,there is pedestrian access to Victoria St.from the dead—end.There is a significant volume of pedestrian traffic that crosses Van Alstyne regularly to access this pathway,as well. It should also be noted that,as Van Alstyne is the sole access to the new development,the existing apartment building on this street does not have a parking garage for its tenants;they have to park on the side(s)of the street. My next concern is regarding the grading of the construction and potential flooding of our backyard (and that of other yards on Stamford)that will result from the development. I take issue with the fact that the existing area is populated with 100+year old legacy homes,and this would have modern—style dwellings,essentially in everyone's backyard,completely out~of—characterwith the extant surroundings. Privacy is also a concern,in light of suddenly having a three—storey building looking into my yard,steps from my fence. And this leads to the last point:the land is not zoned for the type of proposal presented,hence their application for a zoning bylaw amendment.5 Thank you for soliciting feedback and the acceptance of same.I will be on the lookout for updates on this proposal. John O'HaraPage 418 of 751 PBD-2022-16 Report Report to: Mayor and Council Date: March 22, 2022 Title: 26CD-11-2021-007 Draft Approval Plan of Condominium 6353 Carlton Ave Applicant: Pivotal Fine Homes Agent: Apex Technical Ltd. Recommendation(s) 1. That the Draft Plan of Condominium for 6353 Carlton Avenue be draft approved subject to the modified conditions in Appendix A; 2. That the notice of decision include a statement that public input has been received, considered, and has informed the decision of Council; 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to a llow for the future registration of the Condominium when all matters are addressed to the satisfaction of the City Solicitor. Executive Summary Pivotal Fine Homes has applied for approval of a Draft Plan of Vacant Land Condominium to create 32 townhouse units for individual ownership. Planning Staff recommends the application for the following reasons: • The development is consistent with Provincial policies, in conformity with the City’s Official Plan and complies with the City Zoning By-law 79-200, as amended, and will be compatible with surrounding development; Page 1 of 13 Page 419 of 751 • Resident concerns regarding privacy, tree preservation and servicing, raised at the Zoning By-law stage will be addressed through conditions of condominium approval; and, • City and Regional interests will be addressed through the fulfillment of the conditions contained in Appendix A. Background Proposal Pivotal Fine Homes has submitted an application to receive Draft Approval for a Vacant Land of Condominium Plan for 6353 Carlton Avenue, located north of Corwin Crescent, across from Ash Street, totaling 1.2 hectares in size (see Location Map on Schedule 1). This will permit the individual ownership of 32 townhouse units (see the plan on Schedule 2) with 63 parking spaces. The private road will be owned in common by the condominium. The proposed development is shown on Schedule 2. In 2019, the lands were rezoned from Residential 1C Density (R1C) Zone to a site specific Low Density, Grouped Multiple Dwellings (R4-1106) Zone to permit for the proposed townhouse units. In 2021, a minor variance application was granted for the proposed townhouse development to capture unintended discrepancies between the proposal and the approved by-law amendment. Site Conditions and Surrounding Land Uses Rainbow Nursery previously occupied the subject lands. The lands are currently vacant. The surrounding land uses include single detached dwellings to the west, east and south. A.G. Bridge Park abuts a portion of the lands to the north. Circulation Comments Information regarding the Draft Plan of Condominium was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Building Services o Building permits will need to be obtained for the proposed townhouses. All necessary building permit fees and development charges will be assessed during building permit application review. • GIS Services Page 2 of 13 Page 420 of 751 o Ideally the existing address would be retired and a new address issued, with each townhouse having their own unit number • Transportation Services, Legal Services, Zoning o No objections • Fire Services, Landscape Architect, Municipal Works, Bell Canada, Canada Post and Niagara Region o No objections subject to the conditions in Appendix A o The Region has noted that a Record of Site Conditions has been filed for the property Resident Concerns During the public consultation for the rezoning application raised concerns about the following matters: • Additional traffic generated by the proposed development • Privacy concerns and the height of the fence along common lot lines proposed by the developer • Removal of mature trees on the property • building elevations • Servicing capacity, snow storage and garbage collection These comments are addressed as follows: • Transportation Services reviewed the proposed development and had no concerns. Based on these comments, Carlton Avenue can accommodate the additional traffic generated by the proposal • The developer agreed to provide a 2.4 metre (8 foot) high fence along the perimeter of the subject lands • The developer was open to the possibility of incorporating some of the existing trees into the site design. A condition has been added to the draft plan of condominium to provide a tree preservation study to identify where trees can be saved. These trees are expected to be along lot lines • The developer's agent provided elevation drawings with the residents. The residents were satisfied with the building design, which showed the front of the dwelling to be two-storey and the rear portion to be one storey. A condition has been added to the draft conditions to provide front elevation plans that show treatment and landscaping along Carlton Street that blends in with the streetscape. • Municipal Work's comments for the proposed development indicated that the existing sanitary sewer along Carlton Avenue had the capacity to accommodate the proposal. The development will be a condominium a nd the condominium board will be responsible for site maintenance, which includes snow removal and garbage collection. Page 3 of 13 Page 421 of 751 Analysis 1. Planning Act, Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: • The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act; • The proposed development is within a settlement area, assists in providing a range of housing options and in meeting Provincial intensification targets, and minimizes land consumption and servicing costs. 2. Regional Official Plan The subject lands are designated Urban Area (Built-Up Area) in the Regional Official Plan (ROP). The proposed development conforms as follows: • The proposal helps to meet the 40% minimum intensification target in the Built - Up Area for Niagara Falls • The proposal will make more efficient use of designated urban land and existing infrastructure 3. Official Plan The subject lands are designated Residential in the City’s Official Plan. The proposed development conforms as follows: • the proposed townhouse development provides an alternative housing choice for the neighbourhood, helps meet the intensification target within the urban boundary and utilizes lands and services efficiently; • The proposed density of 29.2 units per hectare meets densities permit ted in the Official Plan for the subject lands. • Conditions of Condominium approval will require a front elevation treatment and landscaping along Carlton Street, to ensure the development blends in with the streetscape 4. Zoning By-law The proposed townhouse dwellings comply with the required zoning regulations for the R4-1106 zone, as varied. Page 4 of 13 Page 422 of 751 5. Condominium Design and Conditions of Approval The plan of condominium will accommodate the intended division of the subject land into 32 units of land that can be sold separately. The plan includes a private common road, 11 visitor parking spaces and has one access provided from a public road. In considering a proposed plan of condominium, Council shall have regard to the planning matters listed under Section 51(24) of the Planning Act. The proposed development complies as follows: • The proposed development complies with Matters of Provincial Interest, listed under Section 2 of the Planning Act, and is not premature as servicing is available and it is located within the Built-up Area; • The proposal conforms to the City’s Official Plan and integrates with adjacent subdivisions. The land’s configurations is suitable for development. Each townhouse will have a private front and rear yard amenity space and is compatible with surrounding development; • Adequate access will be provided from Carlton Avenue; • The proposed development can be adequately serviced by municipal services and a school is located within 300m of the property for future elementary students; • No lands will be conveyed for public purposes • The configuration of the proposed development and the construction of the units will result in an energy efficient design; and, • Site plan matters such as landscaping, servicing and lighting are addressed through draft plan conditions that will be cleared prior to the execution of the condominium agreement that will be registered on title. Works will be secured through the provision of security that will be held until satisfactorily completed and certified. A comprehensive set of conditions addressing City, Regional and agency concerns, are listed in Schedule A and include the following: • A tree saving plan to determine trees at the periphery of the site that may be a candidate for preservation • Conditions for fire route and servicing • Servicing and Waste Collection for the Niagara Region • Wood screen fencing along abutting properties and tree planting to ensure abutting properties are screened. The applicant agreed to provide an 2.4 metre (8 foot) high fence at the zoning by-law amendment stage. • Provision of architectural plans that illustrate a front elevation and landscaping along Carlton Street to complement the streetscape. Page 5 of 13 Page 423 of 751 The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works, mitigation measures and warning clauses. Financial Implications/Budget Impact The proposed development will generate revenue through property tax revenue for the City and Development Charges. There are no other financial implications. Strategic/Departmental Alignment The proposed condominium supports the Healthy and Vibrant Community Strategic Priority by providing additional housing for residents. List of Attachments Schedule 1 Schedule 2 Schedule 3 Written by: Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 11 Mar 2022 Kira Dolch, Director of Planning, Building & Devlopment Denied - 14 Mar 2022 Jason Burgess, CAO None Page 6 of 13 Page 424 of 751 SCHEDULE 1 Page 7 of 13 Page 425 of 751 SCHEDULE 2 Page 8 of 13 Page 426 of 751 SCHEDULE 3 APPENDIX “A” Conditions for Draft Plan Approval 1. Approval applies to the Vacant Land of Condominium prepared by Apex Technical Ltd. dated December 16th, 2021, showing 32 unit townhouses as well as common element areas for private road and visitor parking. 2. The developer enter into a condominium agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the division of the land. 3. The developer submits a Solicitor’s Certificate of Ownership for the condominium land to the City Solicitor prior to the preparation of the condominium agreement. 4. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 5. The developer submit front elevation plans that show treatment and landscaping along Carlton Street that blends in with the streetscape. 6. The developer submits a site plan that demonstrates conformance with Articles 3.2.5.5, 3.2.5.6, and 3.2.5.7 of the Ontario Building Code for fire access route. The site plan shall also include the location of proposed ‘No Parking’ signs in accordance with By-law No. 2019-097, which requires signs be installed at each limit of the route and at interbals not exceeding 15 metres. 7. The developer shall provide site-servicing drawings to the Fire Department for review and shall include the locations of all proposed and existing fire hydrants. 8. The developer will be required to submit a request to the Fire Department to designate the fire access route under municipal by-law for enforcement. 9. A tree survey report shall be submitted in accordance with City of Niagara Falls Site Plan Guidelines. The report shall be prepared by a qualified professional with consideration for potential preservation of existing trees, specifically at the preimeter of the site. Where trees are removed, new trees are recommended to be planted that are of a higher caliper and tree spaded where there is sufficient room to plant. 10. Grading and drainage design shall have regard for any recommended tree preservation identified in the tree survey report. Page 9 of 13 Page 427 of 751 11. A landscape plan shall be submitted in accordance with City of Niagara Falls Site Plan Guidelines. The plan shall be prepared by an Ontario Landscape Architect. Outdoor amenity space for units shall be screened for privacy. 12. The perimeter property line of the subject lands shall be privacy fenced in accordance with City of Niagara Falls Site Plan Guidelines. A 2.4 metre (8 foot) tall fence is to be provided abutting neighbouring detached dwellings unless neighbouts request a lower fence. 13. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. 14. That the following clause be included in the Condominium Agreement and inserted into all offers and agreements of Purchase and Sale or Lease for each unit within Building 6 as marked on the plan referred to in Clause 1: “Purchasers/Tenants of townhouse units 7-11, inclusive, are advised that from time to time there may be noise and other nuisances from the adjacent hard surface play courts within A.G. Bridge Park.” 15. The roadway within the Vacant Land of Conominium Plan shall be designed and constructed in accordance with City Standards. External road improvements may be required on Carlton Avenue. 16. All underground services within the subject lands shall be designed and constructed in accordance with City standards. 17. Submit a revised servicing report to demonstrate adequate servicing and/or recommendation to address impacts to the development in light of existing restrictions to servicing the proposed development. 18. The developer address back flow into development for the sanitary system (please refer to flow modelling report). 19. Where existing watermain flows and/or pressures are unknown, testing shall be conducted in coordination with the City of Niagara Falls Envionmental Services Division and at the developer’s expense. 20. Private fire hydrants may be required within the development. 21. The developer shall construct sidewalks connecting to the existing municipal sidewalk for pedestrian connectivity. 22. Lot grading to be designed and constructed in accordance with City standards. Page 10 of 13 Page 428 of 751 23. The proponent pays the applicable development charges in place at the time of Vacant Land of Condominium execution and building permit issuance in accordance with By- Law 2019-69, and any amendments or successors thereto. 24. Lighting designs to be prepared by a professional engineer. Design to be independently powered and metered. Photometric plans to be submitted, demonstrating zero trespass to neighbouring properties. 25. Applicant to provide to the City all proposed Site Servicing, Grading, Photometric, Landscape, Storm Drainage and Sanitary Drainage Area plans or as requested by the City for the subject property for review and approval prior to start of construction. 26. The Applicant must pay to the City the required fees for administration in accordance with the City’s schedule of Fees By-law at time of Vacant Land of Condominium registration. 27. Engineering Consultatnt to provide written acceptance that the works completed conforms with the City’s Accepted Drawings and in accordance with City construction specifications. 28. The owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. 29. The owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the owner shall be responcible for the relocation of any such facilities or easements at their own cost. 30. The owner shall complete to the satisfaction of the Director of Engineering of the City of Niagara Falls and Canada Post: a) Include on all offers of purchase and sale, a statement that adivses the proposective purchaser: i. That the home/business mail delivery will be from a designated Centralized Mail Box; and, ii. That the developers/owners be responsible for officially norifying the purchases of the exact Centralized Mail Box locations prior to the closing of any home sales. b) The owner further agrees to work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. Page 11 of 13 Page 429 of 751 31. The applicant shall contact Enbridge Gas to determine gas availability, service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. 32. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phased construction, all costs are the responsibility of the applicant. 33. In the event that easement(s) are required to service this development, and any future adjacent developments, the applicant will provide the easement(s) to Enbridge Gas Inc. at no cost. 34. That the owner provides a written acknowledgement to the Niagara Region stating that draft approval of this condominium does not include a commitment of servicing allocation by Niagara Region, as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the owner. 35. That the owner submits a written undertaking to Niagara Region that all offers and agreements of Purchase and Sale which may be negotiated prior to registration of this condominium shall contain a clause indicating that a servicing allocation for this development will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement 36. That, prior to final approval or any on-site grading occuring, the owner shall submit a detailed stormwater management plan for the vacant land of condominium and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of Environment, Conservation and Parks documents entitled Stormwater Management Planning and Design Manual March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to Niagara Region Planning and Development Services for review and approval: a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; b) Detailed erosion and sedimentation control plans; Further, that the condominium agreement between the owner and the City contain provisions whereby the owner agrees to implement the approved plans required in accordance with this condition. Page 12 of 13 Page 430 of 751 37. In order to be eligible for internal Regional curbside collection, a revised Site Plan shall be submitted by the owner showing the appropriate number of waste collection pads, labelled with the required unit numbers and pad dimensions. 38. That the owner shall comply with Niagara Region’s Corporate Policy for Waste Collection and complete theh Application for Commencement of Collection and Indemnity Agreement. 39. That the following clause be included in the Condominium Agreement and inserted into all offers and agreements of Purchase and Sale or Lease for each of the affected dwelling units: “Purchasers/Tenants of townhouse units 7-11 and 15-26, inclusive, are advised that in order to accommodate Regional Waste Collection Services, waste and recycling containers will need to be brought to the designated waste collection pads on the required collection day.” Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - City’s Planning Department for Condition 4 and 5 - Fire Department for Conditions 6 to 8 - Parks Design Conditions 9 to 14 - Municipal Works for Conditions 15 to 27 - Bell Canada for Conditions 28 to 29 - Canada Post for Conditions 30 - Enbriddge Gas for Conditions 31 to 33 - Niagara Region for Conditions 34 to 39 Page 13 of 13 Page 431 of 751 Address: 6353 Carlton Ave Applicant: Atiq Khan Proposal: To divide the land into 32 townhouse units for individual ownership Vacant Land of Condominium Application 26CD-11 -2021-007 6353 Carlton Ave Page 432 of 751 A GREAT CITY…FOR GENERATIONS TO COME Location A. G. Bridge Park Detached dwellings PROPOSED DEVELOPMENT Princess Margaret School Detached Dwellings Hydro Corridor Our Lady of Mount Carmel School Page 433 of 751 A GREAT CITY…FOR GENERATIONS TO COME Background Hydro Corridor •In 2019, the lands were rezoned a site specific R4 zone to permit the proposed 32 unit townhouse development •Have now applied for a Vacant Land of Condo application to separate the land into 32 units for individual sale and lands in common Page 434 of 751 A GREAT CITY…FOR GENERATIONS TO COME Proposal Hydro Corridor 32 Townhouse Units Private Road 11 visitor parking spaces Page 435 of 751 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Open House •Open House held in 2019 as part of the Zoning file that was processed in 2019 Public Concern Staff Response Privacy Developer to provide 2.4m (8ft) fence along abutting properties Tree preservation tree saving plan has been added as a condition of condo to identify any trees that can be preserved Traffic Expected to generate peak hour volumes of 20 vehicles in the morning and 47 vehicles in the afternoon (less than 1/minute) Servicing Municipal Works stated the existing sanitary sewer can accommodate the proposed development Snow Removal & Garbage Collection The condo board will be responsible for the site maintenance, including snow removal and garbage collection Page 436 of 751 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •Analysis completed through rezoning application in 2019 •Conforms to Provincial, Regional and Local policies •Complies with site-specific zoning as varied Consideration to 51(24) of Planning Act: •The development conditions are not premature •Site plan matters will be addressed prior to registering an agreement on title Page 437 of 751 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the Draft Vacant Land of Condominium application subject to the recommendations contained in Staff report PBD-2022-016 Page 438 of 751 CLK-2022-04 Report Report to: Mayor and Council Date: March 22, 2022 Title: Restricted Act of Council Period (Lame Duck) Recommendation(s) THAT Council approve report CLK 2022-04 and By-law 2022-25 approving delegated authority to the CAO in the event that Council enters a Lame Duck period preceding or succeeding the 2022 Municipal Election. Executive Summary Section 275 of the Municipal Act, 2001 states two dates which restricts acts of council provisions may be invoked, August 19, 2022 (Nomination Day) and October 24, 2022 (Voting Day). If, on either of these dates, it can be determined with certainty that the new Council will include fewer than 75% of the outgoing Council Members (for Niagara Falls Council, 75% is 7 Members of Council) the restriction period will begin. This restriction period is commonly referred to as “lame duck.” Background Will the new City Council be that different from the old one? If so, there might be a period where Council is in a so-called "lame duck" situation and will be restricted from making key decisions. The idea is, even though they have not yet been sworn in, a new regime is on the way and they are the ones to make key decisions. Niagara Falls City Council will be in a lame duck period once determined with certainty that three (3) Members of the current Council will not be returning for the upcoming term of Council, to commence November 15, 2022. The City Clerk and the Chief Administrative Officer will monitor the following two timeframes to determine if Council may be restricted in its acts: • If, on August 19, 2022 (Nomination Day), three (3) or more current Members of Council decided not to run for office again for the 2022-2026 Term of Council, then Council would be considered lame duck until the beginning of the new Term of Council. • If, on October 24, 2022 (Election Day), three (3) or more current Members of Council are not re-elected or acclaimed, then Council would be considered lame duck until the beginning of the new Term of Council. Page 1 of 5 Page 439 of 751 In accordance, with subsection 275(3) of the Municipal Act, if Council was in a lame duck situation, Council is restricted in the following acts: 1. The appointment or removal from office or any officer of the municipality; 2. the hiring or dismissal of any employee of the municipality; 3. The disposition of any real or personal property of the municipality which has a value exceeding $50,000.00 at the time of disposal; and 4. Making any expenditures or incurring any other liability which exceed $50,000.00. Subsection 275(4) of the Municipal Act clarified that items 3 and 4 do not apply if the dispositions or expenditures were previously approved in the budget by August 19, 2022 (Nomination Day) and, Subsection 275(4.1) states that Council may take all necessary and appropriate actions in the event of an emergency. Any person or body that exercises authority previously delegated by Council is not prevented from continuing to act during a lame duck period. This includes any delegations made in conjunction with a declared State of Emergency. Delegated Authority to the Mayor during a State of Emergency would supersede Lame Duck Provisions should the City of Niagara Falls be in a Declared State of Emergency in 2022 at Nomination Day or Election Day, the Mayor is not prevented from continuing to act within any previously delegated authority during the restricted act provisions as provided by Subsection 275(4.1) of the Municipal Act, 2001. Land Matters Section 275 (3)(c) (land matters), a municipality can close a real estate transaction during the lame duck period only if Council passed a by-law approving the execution of the agreement purchase and sale prior to the determination of the lame duck period. Expenditures A contract could be awarded by a lame duck Council which is in excess of $50,000.00 so long as the amount was approved in the 2022 budget. However, the lame duck council is not able to award a contract, if the amount of the tenders or bids exceeds the amount included in the approved budget. Emergencies The Municipal Act states in Section 275 (4.1) that, nothing in this section prevents a municipality taking any action in the event of an emergency. Delegation of Authority Section 275(6) provides that Council maintains the authority to delegate these certain powers to a person or body if the delegation is made prior to Nomination Day. Delegating this authority pursuant to Section 275 of the Municipal Act, 2001 is typically provided to ensure that efficient management of the municipal Corporation continues and provides for the ability to respond to issues in a timely fashion. Page 2 of 5 Page 440 of 751 Financial Implications/Budget Impact None Contributor(s) Nidhi Punyarthi, City Solicitor, for review of by-law List of Attachments Attachment 1: By-law 2022-25 CAO Restricted Acts of Council Period Written by: Margaret Corbett, FOI, Records & Elections Officer Submitted by: Status: Bill Matson, City Clerk Approved - 15 Mar 2022 Jason Burgess, CAO Approved - 15 Mar 2022 Page 3 of 5 Page 441 of 751 CITY OF NIAGARA FALLS By-law No. 2022 - 25 Being a by-law to delegate specific authority to the Chief Administrative Officer during the Restricted Acts of Council Period AND WHEREAS Section 270 (1) of the Municipal Act, 2001, as amended, requires, in part, that a municipality adopt and maintain policies with respect to the delegation of its powers and duties and hiring of employees; AND WHEREAS Council adopted a policy with respect to delegation of powers and duties for the Corporation of the City of Niagara Falls which require that all delegations be authorized by municipal by-law; AND WHEREAS Section 275 of the Municipal Act, 2001, as amended, imposes restrictions on the actions that a Council during the election of a new council, specifically relating the following actions: a)the appointment or removal from office of any officers of the municipality; b)the hiring or dismissal of any employee of the municipality; c)the disposition of any real or personal property of the municipality which has a value exceeding $50,000.00 at the time of disposal; and d)making any expenditures or incurring any other liability which exceeds $50,000.00; AND WHEREAS Section 275 (6) provides that nothing in Section 275 prevents any person or body from exercising any authority of a municipality that is delegated to the reason or body prior to nomination day for the election of the new council; and AND WHEREAS the Council of Corporation of the City of Niagara Falls deems it expedient to delegate specific authority to the Chief Administrative Officer during the restricted acts of council period in order to maintain business continuity, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. THAT the Council of the City of Niagara Falls hereby delegate the authority to the Chief Administrative Officer to: (a) Appoint or remove from office any officer of the municipality (except for an officer whose appointment is required under the Municipal Act, 2001); (b) Hire or dismiss any employee of the municipality (except for an officer whose appointment is required under the Municipal Act, 2001); (c) Dispose of any real or personal property of the municipality which has a value exceeding $50,000.00 at the time of disposal; and Page 4 of 5 Page 442 of 751 2 (d) Make any expenditures or incur any other liability which exceeds $50,000.00; 2. THAT this By-law is and shall remain in force and effect from Nomination Day up to and including the date of the commencement of the new term of Council; and 3. THAT the Chief Administrative Officer shall submit a report to Council advising of any events relating to the exercising of this delegated power. Read a First, Second and Third time; passed, signed and sealed in open Council this 22nd day of March, 2022. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 5 of 5 Page 443 of 751 CAO-2022-02 Report Report to: Mayor and Council Date: March 22, 2022 Title: Corporate Leadership Team (CLT) 2022 Work Plans Recommendation(s) That the 2022 Departmental Work Plans, as prepared by Corporate Leadership Team (CLT) departments be received for information. Executive Summary The attached Departmental Work Plans provide high level overviews of major 2022 initiatives, prepared through collaborative efforts within and across the following Corporate Leadership Team (CLT) member departments: • Municipal Works • Planning Building & Development • Building, Municipal Enforcement & Facilities • Recreation & Culture • Human Resources • Communications These plans have been prepared to highlight major initiatives identified by Council and the Senior Management Team through 2019-2022 Strategic Priorities, as well as numerous other planning documents. Background In early 2022, Corporate Leadership Team departments developed Departmental Work Plans to provide high level overviews of major initiatives to be undertaken, or started, in 2022. The Work Plan template has been structured to provide a brief description of the initiative, interdepartmental dependencies, key performance indicators, as well as the initiative timeline and budget. Identifying interdepartmental dependencies for each initiative encourages planning in a more holistic manner, facilitating team work and collaboration across departments, and reflecting the collective ownership of initiatives. Including key performance indicators provides a tangible way for the City to report on performance and holds departments accountable for their actions. Page 1 of 40 Page 444 of 751 It is not the intent of the Departmental Work Plans to outline all of the work undertaken across the Corporation, but rather to identify key initiatives that support the strategic priorities and consume considerable staff resources. By presenting the Departmen tal Work Plans in this manner, it is also supporting greater alignment and coordination of activities across departments, with further integration down into operational plans, as well as individual work plans and individual staff performance appraisals. Staff continue to investigate a more robust business planning process for 2023 that will support the City's financial goals and integrate existing processes to provide a better tool to communicate what is required to deliver City services and meet future n eeds of the City. These processes include the next iteration of the Strategic Plan, on-going service level determinations and new budget processes. Financial Implications/Budget Impact The 2022 Budget includes the resources required for addressing the projects as noted in the work plans. Strategic/Departmental Alignment We are committed to being transparent and accountable to our residents. • Promote open, transparent, accountable and collaborative leadership. Contributor(s) Dale Morton, Manager of Communications and Corporate Initiatives List of Attachments Presentation - CLT - Departmental Work Plans Written by: Jason Burgess, CAO Submitted by: Status: Dale Morton, Manager of Communications & Corporate Initiatives Approved - 16 Mar 2022 Jason Burgess, CAO Approved - 16 Mar 2022 Page 2 of 40 Page 445 of 751 Page 3 of 40Page 446 of 751 Page 4 of 40Page 447 of 751 Timeline Start Date 2021 Target End Date 2025 Budget/Cost $450,000 Brief Description •Establish and adopt AMP Framework and Governance Model •Completion of the Core Asset AMP by July 2022 •Completion of the Non-Core by July 2024 •Establish future levels of service by 2025 Interdepartmental Dependencies Technology Needs Cartegraph, GIS, VADIM support Communications Support Public Engagement Survey for LOS (2023/2024) Inter-dept Engagement assistance Procurement RFP (possibly) for Non-Core AMP Finance Major Ongoing Support Facilities Ongoing participation Political/Mayor Adoption of the AMP and Recommendations Other All other Asset Leads will be required to participate Challenges •Limited Internal Manpower •Availability of Data and Related Financials Key Performance Indicators 1.Core AMP completed by July 1, 2022 Provincially regulated deadline 2.AM Readiness Index Identify corporate weaknesses requiring additional training and resources (e.g. software) 3.Data Maturity Index Identify improvements to data collection practices and procedures (e.g. sewer pipe condition index)Page 5 of 40Page 448 of 751 Timeline Start Date Underway Target End Date 2024 Budget/Cost $9,000,000 (est.) Brief Description •Site plan review and site servicing approvals for the new Hospital •New watermain construction on Reixinger Road between Montrose Rd and Stanley Avenue •New Reixinger Road extension west of Montrose Rd •Cost-Sharing and cooperation with Niagara Region for major highway widening and related infrastructure Interdepartmental Dependencies Procurement Tender to be issued in 2022 Legal Execution of Contracts and Cost Sharing Agreement Property Acquisition Planning Coordination of Site Plan Challenges •Material availability uncertainty due to COVID •Ongoing coordination with the Region Key Performance Indicators 1.Watermain Project tendered by Q4 2022 Construction timeline necessary to meet hospital demands 2.Reixinger Extension lands acquired by Q2 2022 Necessary to support servicing and the hospital site plan approval Page 6 of 40Page 449 of 751 Timeline Start Date Q3 2021 Target End Date Q1 2023 Budget/Cost N/A Brief Description •Consultation with the public, Park in the City Committee, and the farming community •Development of an implementation plan •Execution of the implementation plan through new initiatives, policies, projects, etc. Interdepartmental Dependencies Technology Needs Update to City Website Communications Support Public engagement survey Final report preparation Finance Evaluation of financial impacts associated with the implementation plan Facilities Involvement in the preparation of facilities related climate adaptation initiatives Political/Mayor Endorsement by Council is required Other All departments to be engaged in the preparation of the plan Challenges •Limited internal manpower to develop the plan •No resources currently allocated to execute the plan Key Performance Indicators 1.Council adoption of the implementation plan by 2023 Establishes some council priorities and initiatives for the new term of Council Page 7 of 40Page 450 of 751 Timeline Start Date Q2 2022 Target End Date Q1 2023 Budget/Cost $50,000 Brief Description •Perform parking counts during several key time periods during 2022 in order to obtain current demands for parking. •Analyze impacts of new zoning changes and GO Station to the parking demand downtown •Develop a plan for future parking facilities and locations. Interdepartmental Dependencies Technology Needs Cartegraph / GIS to illustrate parking demand on mapping Communications Support Develop and deliver study information and surveys to Downtown Businesses Finance Participation in the financial forecast Other Planning & Transit to provide input on future plans and demands Challenges •Project may need to be delayed due to COVID disruptions •Timing and impacts of new zoning and GO transit impacts may need to be assumed. Key Performance Indicators 1.% utilization of city-provided parking facilities Determination if the current facilities are meeting parking demands. 2. Revenue vs. expenses for city-provided parking facilities Parking budget deficits may result in an increase in tax-supported funding.Page 8 of 40Page 451 of 751 Timeline Start Date Q1 2022 Target End Date Q2 2023 Budget/Cost TBD Brief Description •Finalization of water meter remote reading antenna study •Implementation of remote reading antenna(s) •Update meter reading software and billing portal Interdepartmental Dependencies Technology Needs Meter reading and billing software technology upgrades Antenna hardware and communications to City networks Dashboard upgrades Legal Agreement required for placement of antenna on high-rise property Finance Revisions to meter reading and billing practices Challenges •License/Lease agreement with high-rise property owner(s) Key Performance Indicators 1.% meters read remotely Major efficiencies and customer service support by obtaining real-time meter reads for as many customers as possible Page 9 of 40Page 452 of 751 Timeline Start Date Q2 2022 Target End Date Q3 2023 Budget/Cost $692,000 Brief Description •Detailed design and construction of a salvaged brick gateway feature, gardens, pedestrian and central memorial garden at the Lundy’s Lane and Montrose Rd Gateway corner. •Expansion of internment options through the construction of 275 new burial lots and 400 niche columbaria. Interdepartmental Dependencies Communications Support Project promotion Procurement Tendering Other BIA support and design input Challenges •COVID related supply and demand •Coordination with Regional Road impacts Key Performance Indicators 1.# of new internment options Cemetery Master Plan has determined that cemetery expansion is required in the short-term in order to continue to accommodate community demand.Page 10 of 40Page 453 of 751 Timeline Start Date Q2 2022 Target End Date Q2 2023 Budget/Cost $1,017,500 Brief Description •AG Bridge Park -reconstruct 2 tennis courts and convert 2 other tennis courts to 1 multi-purpose basketball court •AJ McKinley Park -reconstruct 1 tennis court •Alpine Park -reconstruct 1 multi-purpose basketball court •Glenview Park -reconstruct 1 tennis court and convert 1 tennis court to multi-purpose basketball court •Preakness Park -reconstruct 1 multi-purpose basketball court •Westfield Park -reconstruct 1 multipurpose basketball court Interdepartmental Dependencies Communications Support Project promotion and community engagement Procurement Tendering Finance Grant reporting requirements Political/Mayor Project support and promotion Other Ongoing maintenance by Municipal Works Challenges •COVID related supply and demand •Upper-Tier funding and timeline compliance (March 31, 2023) Key Performance Indicators 1.# of new internment options Alignment with the recommendations of the Recreation, Culture and Parks 10-year Plan 2.# of tennis courts per capita Alignment with the recommendations of the Recreation, Culture and Parks 10-year Plan Page 11 of 40Page 454 of 751 Page 12 of 40Page 455 of 751 Timeline Start Date January 2022 Target End Date Q3 2022 Budget/Cost $0.00 (Internal) Brief Description •Various updates to the by-law, including stacked townhouse regulations, technical revisions, landscaping. •In addition, establishing a date on which an existing use would be considered a legal non-conforming uses Interdepartmental Dependencies Technology Needs Publishing final document in AODA format Legal Review of draft by-law, discussion on proposed legal non-conforming regulation Political/Mayor Public Meeting Challenges •Expect to return to full staffing in February to free up staff time to conduct update Key Performance Indicators 1.Passage of amending by-law, third quarter 2022 Necessary updates to modernize the by-law 2. Reducing Staff Time Will establish a simplified procedure which will reduce staff time in reviewing legal non-conforming status Page 13 of 40Page 456 of 751 Timeline Start Date Ongoing Target End Date Q2 2022 Budget/Cost $10,000 Brief Description •SGL to complete draft OP policies and zoning regulations •Schedule Statutory Public Meeting March 2022 Interdepartmental Dependencies Technology Needs Publishing final document in AODA format Communications Support Publishing study/documents on website Legal Review of draft documents as necessary Political/Mayor Public Meeting Challenges •Considerable public interest in issue, primarily with land use impacts on sensitive uses Key Performance Indicators 1.Adoption/passage of documents second quarter 2022 Implements regulations to control a growing industry and properly mitigate impacts on sensitive land uses 2. Remove ambiguity to where they are allowed and how to enforce Page 14 of 40Page 457 of 751 Timeline Start Date Target End Date Q3 2022 Budget/Cost $10,000 Brief Description •MHBC (consultant) to complete liaison with BIAs •Bring amendment documents to Council Interdepartmental Dependencies Technology Needs Publishing final document in AODA format Communications Support Publishing study/documents on website Legal Review of draft documents as necessary Political/Mayor Public Meeting Challenges •Clifton/Victoria BIA oppose single room occupancy use as of right in TC zone •Lundy’s Lane BIA sided with above and withdrew support of study Key Performance Indicators 1.Documents adopted/passed by Council Will legitimize a land use which is already going on and provide better housing conditions and security to residents Page 15 of 40Page 458 of 751 Timeline Start Date Ongoing Target End Date 2023 (est.)Budget/Cost $0.00 Brief Description •Application has been submitted to amend OP/ZBL and Regional OPA to establish quarry on both sides of Uppers Lane Interdepartmental Dependencies Technology Needs Final documents in AODA format Communications Support Publishing study/documents on website Legal Sale of Uppers Lane to proponent Finance None –full cost recovery through application Political/Mayor Public Meeting, sale of Uppers Lane Other Regional OPA/Aggregate License review –review being coordinated through a JART (Joint Agency Review Team) Challenges •Considerable interest by nearby residents •City closed and declared surplus Uppers Lane but paused on the sale due to public opposition Key Performance Indicators 1.Public Consultation Anticipating more than one open house to properly engage residents planning to be held jointly with Region 2. JART Review/Peer Reviews Complex application which needs expert input.Page 16 of 40Page 459 of 751 Timeline Start Date May 2020 Target End Date Spring 2022 Budget/Cost Brief Description •Ensuring that the City has the right amount of employment lands in the right location to accommodate 2051 jobs forecast. Interdepartmental Dependencies Procurement Assisted with consultant selection Economic Development The Employment Lands Strategy is a joint project with Economic Development. Challenges •Project delayed due to development of new Regional Official Plan. •The City’s Employment Strategy must be aligned with new Regional Official Plan whose completion date is Spring 2022. Key Performance Indicators 1.Accommodate the City’s 2051 industrial job forecast City is bound by Provincial policy to accommodate its assigned jobs forecast. 2. Diversify the City’s land base by providing new Industrial lands New Industrial lands provide for more balanced assessment for the municipality. 3. Diversify the City’s economy Industrial jobs diversity the City’s workforce and allow it to better weather economic shocks as demonstrated by the Covid pandemic.Page 17 of 40Page 460 of 751 Timeline Start Date November 2020 Target End Date Summer 2022 Budget/Cost $93,213.78 Brief Description •Housing Directions Study assesses the City’s present and future unmet housing demand and then delivers a housing strategy that provides a broad range of housing options to meet the full spectrum of community housing needs. Interdepartmental Dependencies Communications Helped organize and administer a community survey Procurement Assisted with consultant selection Political/Mayor Councillors sit on a Technical Advisory Committee Challenges •Housing affordability or lack of has accelerated since the start of the Covid pandemic. •Regional housing forecasts that Council has endorsed will not deliver on the diversified supply of housing that the Study has identified. Key Performance Indicators 1.Diversification of City’s existing housing stock The City’s high proportion of single detached housing stock does not meet the housing needs of the City’s residents. 2. Sufficient rental stock is constructed to improve rental vacancy rates and hopefully reduce market rents. The City’s rental vacancy rate is consistently below a healthy 3% which is causing rising rents.Page 18 of 40Page 461 of 751 Timeline Start Date Target End Date Budget/Cost $325,000 + $100,000 in Regional funding Brief Description •The secondary plan will address land uses and policies for the Grassy Brook area, which is the last unplanned Greenfield area within the City’s current urban area boundary. Interdepartmental Dependencies Communications Will require an engagement strategy Procurement Assisted with consultant selection Political/Mayor Councillors sit on a Technical Advisory Committee Challenges •Grassy Brook has been identified in the Employment Lands Strategy as a future employment area. •Its future use for employment purposes is challenged by landowners desire to see this area develop for a future residential use. Key Performance Indicators 1.New employment area is of a sufficient size to absorb the majority of the City’s 2051 industrial job growth forecast. The City’s economy will become stronger as the result of further industrial job growth. 2. A secondary plan will allow for proper land use and infrastructure planning. A secondary plan provides an integrated land use and infrastructure plan to guide development within the Grassy Brook area thereby maximizing the use of land and municipal services.Page 19 of 40Page 462 of 751 Timeline Start Date Spring 2022 Target End Date Fall 2023 Budget/Cost Unknown Brief Description •The City’s Incentive Programs have never been comprehensively reviewed. •A thorough review is timely and will align with Niagara Region’s recently completed SNIP review. Interdepartmental Dependencies Communications Will require an engagement strategy Procurement Will need to assist with RFP and consultant selection Finance Finance staff will be a key stakeholder to be consulted Economic Development Economic Development staff will be a key stakeholder to be consulted. Political/Mayor Will need to champion the project. Challenges •The City’s Incentive programs have been in existence since the mid-2000s. Since that time many of the programs under the current set of Incentive programs have outlived their usefulness. •A new revised set of Incentive programs should be very targeted and efficient and try not to be everything to everybody. Key Performance Indicators 1.City’s revised Incentive Programs are aligned with corporate priorities. To enhance the City’s Incentive Programs’ effectiveness, alignment with corporate priorities is a must. 2. City’s revised Incentives Programs are viewed positively by the development community. Incentives programs that are not considered to be of benefit to the development community will not be utilized. 3.City’s incentives are targeted and thus fiscally responsible. The purpose of incentive is to encourage development that would not have normally occurred. To be fiscally responsible to the taxpayer, the revised incentives must be targeted and not used to incentivize development that would have naturally occurred without the benefit of incentives. Page 20 of 40Page 463 of 751 Timeline Start Date Fall 2022 Target End Date Fall 2024 Budget/Cost $500,000 Brief Description •A new City Official Plan will be needed to align and implement the new Niagara Regional Official Plan. Interdepartmental Dependencies Technology Needs Full time, in-house, GIS mapping and database management will be required. Communications Support Will require an engagement strategy Procurement Will need to assist with RFP and consultant selection Political/Mayor Will need to champion the project. Challenges •This will be the City’s first new Official Plan since 1992. A shared vision for the new Plan will be important going forward. •A new Official Plan is a significant undertaking requiring dedicated staff members and other resources. •Significant stakeholder engagement will need to occur. Key Performance Indicators 1.New Official Plan is adopted by City Council and approved by Regional Council. The Plan cannot be implemented unless it is first adopted by City Council and approved by Regional Council. 2. The number of modifications that are made by Regional staff to the Council adopted Official Plan is minimized. A lengthy review of the adopted plan by regional staff with a number of proposed modifications will delay the Plan’s approval by Regional Council and therefore delay its implementation. 3.The number of appeals of the Official Plan is minimized. Appeals against the Official Plan delay its implementation and pending the nature of the appeals can cost significant resources and staff time to resolve. Page 21 of 40Page 464 of 751 Page 22 of 40Page 465 of 751 Timeline Start Date January 2022 Target End Date June 2022 Budget/Cost $40,000 Brief Description •Develop a new Building Permit Fee study to determine fees to be charged for permit services in accordance with the Building Code Act and Ontario Building Code. •Develop and new building permit by-law to capture all that’s required to administration of building permit processing. Interdepartmental Dependencies Technology Needs Implement new fees into Land Manager Communications Support Website communication to Builders and Public of new by-law fee change Legal Review of new By-law draft Finance Updating of Fee Schedule in the October. Political/Mayor Passing of the By-law and Repeal the old By-law Clerks A public Meeting notification in accordance with 7(6) of the BCA. Challenges •Determining Indirect costs •Determining time estimation directly related permit services. •Forecasting the future positions in the study that would be required to accommodate for the future demand of construction Key Performance Indicators 1.Draft By-Law with Fees This will provide an opportunity for a final review 2.Notice of proposed fees This will inform the public that changes to permit fees are proposed and provide the date of the public consultation. 3.Public Consultation Hold a public meeting as required under the subsection 7(6) of the Building Code Act.Page 23 of 40Page 466 of 751 Timeline Start Date January 2022 Target End Date August 2022 Budget/Cost $0.00 Brief Description •The preparation of a “Request for proposal” for new permitting software for 2023 •Budget value was $800,000 but was removed for 2022. This will be expensed through the Stabilization reserves Interdepartmental Dependencies Technology Needs Assist in including language in the RFP Procurement Assist in advertising the RFP process Legal Assist in including legal language Challenges •Capturing all services of the new platform Key Performance Indicators 1.Close and evaluation of the RFP by the end of August. This will provide a more accurate cost to implement the new platform and recommend to council in the Fall of 2022 for approval in the 2023 year.Page 24 of 40Page 467 of 751 Timeline Start Date January 2022 Target End Date August 2022 Budget/Cost $0.00 Brief Description •Develop an online permitting submission and permit issuance option. •Implement Digital Plan Review using Bluebeam Revu software •Allow for permit payment through Paymentus software. •This will be developed with existing internal resources. Interdepartmental Dependencies Technology Needs Assist in the intergrading of online permitting with existing software Communications Support Assist in communication to the public the online permitting option Procurement Assist in advertising the RFP process Legal Assist in including legal language Challenges •Steep learning curve of staff and external users not computer savvy. Key Performance Indicators 1.Develop workflow and templates This will provide a more accurate cost to implement the new platform and recommend to council in the Fall of 2022 for approval in the 2023 year. 2.Create a Pilot program for housing permits This will allow for testing of the online permitting process of simpler permits . 3.Create a Pilot program for non-housing permits This will allow for testing of the online permitting process of more complex permits.Page 25 of 40Page 468 of 751 Timeline Start Date January 2022 Target End Date March 2022 Budget/Cost $75,000 Brief Description •Create an RFP to engage a consultant to assist in the development of Facility Management Strategy Plan. •This will include space planning, flexible workspaces, needs and assessment of facility services, address required staff to deliver facility services. Interdepartmental Dependencies Procurement Assist in the publishing of RFP Challenges •This will be a lengthy process due to the departmental engagement and determination of needs and assessment throughout the corporation. Key Performance Indicators 1.Draft RFP plan complete Beginning of March. This will help implementing costs associated with this service into the new Building By-law fee study 2.Publication of RFP by end of September This is required to engage a consultant to assist the development of a Facility Strategy plan and cost to implement the strategy and present to council.Page 26 of 40Page 469 of 751 Page 27 of 40Page 470 of 751 Timeline Start Date January 2022 Target End Date December 2022 Budget/Cost $600,000 Brief Description •Finalize and implement programming and rental schedule •Renovate and maintain all spaces –Customer Service desk, Aquatics, Older Adults, Child/Youth and multi-purpose spaces •Promote and monitor attendance for new activities and programs •Recruit and train new full time and part time staff Interdepartmental Dependencies Technology Needs Online tools for booking and program registration Communications Support Promotion of new programs, rentals, community engagement Engagement of users and residents, assist in rebranding the facility Procurement Coordinate of construction tenders and purchase of new equipment and supplies Legal Finalize new lease agreements for café and any other applicable spaces Finance Monitor renovation and equipment costs Facilities Maintain a clean and safe facility. Perform regular and preventative maintenance duties throughout the year Coordinate and implement renovation projects –Communication Services offices, Customer Service desk and Older Adults Exclusive upstairs space Human Resources Recruit aquatic and program staff Challenges •Control over timeline –renovations may take longer than expected based on human resources and supplies •Meet community’s expectations •Budget Key Performance Indicators 1.Prime and non-prime time facility utilization Goal to maximize pool, gym and room rentals to enhance revenue 2.Average program attendance Set a benchmark for quarterly and annual attendance 3.Customer Feedback Coordinate and review program evaluations and online surveys to ensure visitors/participants enjoy their experience and suggestions Page 28 of 40Page 471 of 751 Timeline Start Date January 2022 Target End Date Fall 2022 Budget/Cost $15,200,000 Brief Description •Assist with the construction of the Niagara Falls Exchange –provide departmental input •Coordinate the programming and rentals •Recruit and train new and existing staff Interdepartmental Dependencies Technology Needs Install and train staff to utilize the new AV equipment Communications Support Promotion activities and programs at the new facility Branding of new cultural facility Procurement Coordinate RFPs for the Café and Public Art Legal Finalize rental agreements –artists space, Market vendors Finance Monitor construction costs Facilities Coordinate the construction of the NF Exchange Maintain a clean and safe facility. Perform regular and preventative maintenance duties throughout the year Human Resources Human Resources –recruit part time program staff Political/Mayor Promote new facilities and activities/programs Challenges •Project timing due to delay in construction materials •Potential limited interest in café and/or artist studio rentals due to COVID and local economy Key Performance Indicators 1.Facility utilization –prime and non-prime hours To monitor utilization to set future benchmarks and to determine schedule for programs, activities 2.Community engagement, number of followers on social media, attendance at events, Farmers Market and programs Demonstrates awareness of services and new and returning customers 3.Cost recovery targets Establish break even targets for programs and rentals to determine appropriate rates and fees Page 29 of 40Page 472 of 751 Timeline Start Date January 2022 Target End Date December 2022 Budget/Cost On-going Brief Description •Develop a work plan for the implementation of the short term and long term initiatives with applicable staff and key stakeholder groups •Three short term initiatives to implement in 2022 include; •Review community and city recreation and culture opportunities to identify gaps •Confirm Service Levels for each discipline in parks, recreation & culture •Form a Special Events Team comprised of city staff to develop one stop shopping for event planners Interdepartmental Dependencies Technology Needs Develop online Special Event application to circulate to appropriate departments for comment Communications Support Develop community engagement plan to identify program gaps for all ages Political Mayor Support ten-year plan priorities Municipal Works Coordinate the development of a work plan Coordinate an effective Special Event team, application and procedures Challenges •Human resources to implement the initiatives •Timing to prepare for summer/fall special events Key Performance Indicators 1.Annual work hours and resources required to meet service levels Service levels need to be reviewed and established to inform the community and to set revenue targets 2.Annual R&C participation rates for all facilities and services To inform the council and residents of R&C participation rates by age to determine if meeting expectations 3.Number of city special events and time to process the event applications. Implementing a new process and need to evaluate process to determine improvements and if additional resources are required.Page 30 of 40Page 473 of 751 Page 31 of 40Page 474 of 751 Timeline Start Date January 2022 Target End Date May 2022 Budget/Cost $25,000 Brief Description Conduct external market survey and job evaluation review to ensure competitive market position, including a review of City’s stated compensation philosophy in adopting the market median position of its relative sized comparators. •Starting in January, 2022 •Research completed by end of first quarter (March) •Results presented to Council in May, 2022 Interdepartmental Dependencies Finance Timeline Start Date January 2022 Target End Date December 2022 Budget/Cost $15,000 Brief Description •Redevelopment, rebranding and modernization of City’s bulletin board and internet. •To be utilized as a more engaging and interactive tool for the onboarding of new City staff, talent management and professional development. Interdepartmental Dependencies Technology Needs Information technology will provide internal resources, including the production of new video content New software? Communications Support Branding as a top employer.Page 32 of 40Page 475 of 751 Timeline Start Date June 2022 Target End Date September 2022 Budget/Cost $20,000 Brief Description With the assistance of external resources and the Diversity and Inclusion/Anti-Racism Committees, develop a corporate plan to address any systemic barriers in recruitment and Human Resources practices, including a complete policy review. •Research and review starting in June, 2022. •Report and findings completed by September, 2022 Interdepartmental Dependencies Technology Needs May need IT support in development of survey and HRIS reporting Communications Support Communication plan internally and externally Employer branding on all documents Timeline Start Date January 2022 Target End Date October 2022 Budget/Cost N/A Brief Description With regional municipalities, investigate the possible savings and option of working collaboratively on the group procurement of health and dental benefits •Starting in January, 2022 •Tentative report due by May, 2022 •Possible tendering by October, 2022 Interdepartmental Dependencies Finance Procurement Page 33 of 40Page 476 of 751 Page 34 of 40Page 477 of 751 Page 35 of 40Page 478 of 751 Timeline Start Date February 2022 Target End Date Early 2023 Budget/Cost Accommodated within Existing Budget Brief Description •Review 2019-2022 Strategic Priorities and build upon the Municipality’s prior strategic planning efforts to identify key challenges and issues for the new term •Develop a work plan including length of plan, timeline, guiding principles and new approach •Develop the plan framework including identification of actionable items, accountability and KPIs •Identify public engagement opportunities that are educational, consultative, transparent with multiple opportunities for public participation. •Prepare implementation plan •Measuring, monitoring progress and communicating to the community. Consider Performance Dashboard to track KPIs Interdepartmental Dependencies Technology Needs Website updates and survey assistance Political Mayor Support Strategic Plan process All Departments Provide input at all stages of the strategic planning process Challenges •Achieving a target representation sample from the community through consultation •Government (engagement) fatigue from the Provincial and Municipal Elections scheduled for 2022 Key Performance Indicators Various •Strategic measures and appropriate targets to achieve the objectives. •Process and system to monitor and track progress on all of the actions over the next four years will be implemented. •Gauge participation in public and staff engagement processes •Raise public awareness about the City’s roles in the community and the many services and programs offered to the community.Page 36 of 40Page 479 of 751 Timeline Start Date February 2022 Target End Date Early 2023 Budget/Cost Accommodated within Existing Budget Brief Description •Implement absorption of Recreation & Culture communications function •Implement completed social channel review •Work with departments to prepare Communications Plans for 2022 •Develop and implement Communication processes and workflows corporate-wide to improve efficiencies Interdepartmental Dependencies Technology Needs Website and social media platform updates Sprout Social (social media planning tool) All Departments Provide input at all stages of the strategic planning process Challenges Social media consolidation resistance from departments Communications developed/executed solely by departments –risking brand reputation and credibility Key Performance Indicators 1.External reach and engagement (social, digital) Success will result in an increase of followers, subscribers, email open rates, website views, etc. 2.Internal experience and opinion Internal satisfaction of communication processes and support Page 37 of 40Page 480 of 751 Timeline Start Date January 2022 Target End Date December 2023 Budget/Cost N/A Brief Description •Promotion of new program and rentals engagement •Community engagement of users and residents •Development of a MacBain Community Centre brand, including standards and guidelines •Monitor attendance and satisfaction for new activities and programs Interdepartmental Dependencies Technology Needs Website improvement/ increased presence for recreational offerings, including seamless integration with ActiveNet Challenges •Changes in timelines and onboarding of staff in time to meet needs •Quantity and quality of programs offered to meet community interest over different target groups •Change management with centralized communications Key Performance Indicators 1.Attendance at events, markets and programs Demonstrates awareness of services Improves ability to identify successful/unsuccessful marketing and communication tactics 2.Customer feedback Undertake program evaluations and online surveys to determine visitors/participants satisfaction and receive feedback Page 38 of 40Page 481 of 751 Timeline Start Date January 2022 Target End Date Fall 2022 Budget/Cost N/A Brief Description •Development of strategic marketing plans to aid the promotion of activities and programs at the new Exchange cultural facility and market •Implementation of the Niagara Falls Exchange brand and creative assets Interdepartmental Dependencies Technology Needs Collaboration with IS and Culture & Museums to launch the Niagara Falls Exchange website, e-newsletter and social platforms Updates to existing web pages to improve customer experience Other Collaboration with Culture & Museums staff who will identify and develop new programs and events for Communications to promote and market Challenges •Project timing due to delay in construction and late onboarding of staff •Potential limited interest in café, artist studio rentals and programs due to COVID impacts and local economy •Event and program quantity and quality •Change management with centralized communications Key Performance Indicators 1.Attendance at events, markets and programs •Demonstrates awareness of services •Improves ability to identify successful/unsuccessful marketing and communication tactics 2.Customer Feedback •Undertake program evaluations and online surveys to determine visitors/participants satisfaction and receive feedback 3.Website Visitation •Driving new/unique traffic to Exchange website 4.Net Promotor Score (NPS)•Surveys of both vendors/exhibitors as well as attendees 5.Customer Retention •Future event attendance & email engagement Page 39 of 40Page 482 of 751 Page 40 of 40Page 483 of 751 CLK-2022-05 Report Report to: Mayor and Council Date: March 22, 2022 Title: Use of Vote Tabulators and Alternative Voting Options for the 2022 Municipal Election Recommendation(s) 1. That a by-law be adopted to support the use of vote tabulators in the 2022 municipal and school board election. 2. That Niagara Falls City Council approve Vote by Mail as an alternative voting option in addition to in-person voting during the 2022 municipal and school board election and adopt the corresponding by-law. Executive Summary The COVID-19 Pandemic has encouraged us to provide regular services in a new or different way. This is no different for elections. Clerks Staff have researched various voting methods and have asked for feedback from the citizens of Niagara Falls on which voting methods would be most favorable for the upcoming election. Staff are recommending the Vote by Mail option for the 2022 Municipal Election, in addition to traditional in person voting and advanced polls. Offering this alternative voting method will assist in ensuring the health and safety of residents, candidates and staff. In addition, the Vote by Mail method offers increased accessibility for various persons with physical and health related issues as well as upholding all principles of the Municipal Elections Act,. Due to the uncertainty of the COVID-19 pandemic, we believe this is the best option. Background Due to the ongoing COVID-19 pandemic, numerous municipalities in Ontario have decided to provide alternate voting methods. Even before the pandemic, several municipalities in Ontario have added alternate voting methods to their municipal elections. Prior to each election, Section 42 (1) of the Municipal Elections Act (MEA) requires that: 42 (1) The council of a local municipality may pass by-laws, (a) authorizing the use of voting and vote-counting equipment such as voting machines, voting recorders or optical scanning vote tabulators; Page 1 of 8 Page 484 of 751 (b) authorizing electors to use an alternative voting method, such as voting by mail or by telephone, that does not require electors to attend at a voting place in order to vote. The City Clerk, as the Returning Officer for the City of Niagara Falls, has several criteria to consider before making a recommendation on vote-counting equipment and alternative voting methods. The first is whether an option upholds the principles of the MEA and its regulations. These principles, while not established as part of legislation, are generally recognized based on case law as: (a) the secrecy and confidentiality of the voting process is paramount; (b) the election shall be fair and non-biased; (c) the election shall be accessible to the voters; (d) the integrity of the voting process shall be maintained throughout the election; (e) there is to be certainty that the results of the election reflect the votes cast; (f) voters and candidates shall be treated fairly and consistently; and (g) the proper majority vote governs by ensuring that valid votes are counted and invalid votes are rejected so far as reasonably possible. Other criteria include community engagement feedback, the ability to effectively administer and support an option, as well as what trends we are seeing in municipal, provincial and federal elections. Clerks staff are committed to the fact that in-person voting will take place and be planned for in the 2022 municipal elections. In planning for this method, the use of vote tabulators is being recommended and planned for. In-person voting with vote tabulators The City began using optical scanners/vote tabulators in 1997 for all voting locations and has continued to use them in 2000, 2003, 2006, 2010, 2014 and 2018. The use of vote-counting equipment allows for increased consistency in vote counting over a manual counting process and supports the reporting of unofficial election results on election night. The use of vote tabulators upholds all principles of the MEA by; • Upholding the secrecy and confidentiality of the voting process with no connection between the voter and the ballot cast. • Ensuring a fair and non-biased count of votes with thorough testing to verify votes are counted consistently and correctly and removing any potential question as to how a person is counting. Manual counting relies on individual decisions to determine voter intent while automated counting processes ensure that determination of voter intent and what can and cannot be counted is more consistent and less prone to human error. Page 2 of 8 Page 485 of 751 • Offering the use of accessible audio and tactile based voting equipment which is enabled by the tabulator. This allows for independent marking of a ballot which, once printed and cast in the tabulator, is indistinguishable from any other ballot. • Maintaining the integrity of the election and providing certainty that the results reflect the votes cast. • Ensuring that voters are treated fairly and consistently with all ballots cast and counted in the same manner. • Upholding consistent process for what votes can be counted and which are rejected as invalid, for example if a ballot is spoiled or over -voted. The use of vote tabulators is supported by broader trends in election services offered at the municipal and provincial levels of government. Elections Ontario initiated a pilot sharing agreement, introducing technology that includes electronic poll books f or a live voters' list to be used at the polls and deployed 6000 vote tabulators across the province during their 2018 general election. The City followed suit signed a two term agreement to use the same vote tabulators and electronic poll books in their 2018 election and will do so for the 2022 municipal elections as well. The City Clerk is confident in the ability to administer future municipal and school board elections using vote tabulators. Voters in Niagara Falls are familiar with the technology at both the municipal and now provincial levels. Thorough procedures are established to ensure that vote tabulators are scanning and recoding vote counts accurately prior to use at a voting location. This process, known as logic and accuracy testing, is conducted with pre-marked ballots for every candidate being tested and manually verified by the City Clerk's Office. It is recommended that the by-law on today's agenda be adopted to support the use of vote tabulators in the 2022 municipal and school board elections. Supporting voter access and enfranchisement The City Clerk's Office has considered a range of options to support access to election services in 2022. An overview of additional options is provided below for information; however, these options are within the legislative authority of the City Clerk to decide on. The MEA permits voters to appoint and vote by proxy. This allows a voter to formally document and assign a friend or family member to vote on their behalf. In past elections, voters have used this process to varying degrees. Based on feedback received, we know this is often not very convenient or preferred but at the same time is is welcomed as an option for some voters. An increase of in-person voting days during the advanced voting period and additional locations across the City, and at City Hall itself, are planned. This will help increase access to advanced voting when lines and wait times are shorter. Alternative voting options Page 3 of 8 Page 486 of 751 The City Clerk's Office recommends that Council approve one alternative voting method for the 2022 municipal and school board election. Alternative remote voting options include vote by mail, internet voting or vote by telephone. A alternative voting option is being recommended for several reasons outlined below. In line with the principles of the MEA, all eligible voters should be enfranchised and have the opportunity to cast their own ballot if they choose to. Offering in -person voting only does not meet this goal. Eligible voters may not be able to come to a voting location for a variety of reasons, including mobility limitations, if they are out of town for work or personal matters on voting days, if they have health concerns or if they own property in Niagara Falls but live in another municipality. Elections Canada and Elections Ontario recognize that in-person voting options are not sufficient to enfranchise all eligible voters and offer a remote mail in ballot option. The Covid-19 pandemic has highlighted the need for alternative v oting options. The City Clerk's Office has been carefully monitoring how federal and neighbouring municipal by-elections have been held. It was noted that the Town of Pelham successfully offered vote by mail during their 2020 by-election. Covid-19 pandemic restrictions will ideally be lifted by the time of the next regular municipal election in October 2022; however, the City Clerk's Office needs to prepare to offer alternative voting options, including one that does not require in-person contact. Voters who need to consider the health of themselves, as well as those they live and work with, should not need to weigh their democratic right to vote with their or others health. Only one remote alternative method is recommended as this could be supported administratively with existing staffing and budget resources. Offering more than one remote option would require additional budget considerations and may make other service improvements difficult to deliver as well. Ability to meet principles of the MEA Only one alternative option fully upholds all principles of the MEA, and that is vote by mail. The use of vote by mail upholds these principles by: • Upholding the secrecy and confidentiality of the vote with thorough and established processes for receiving ballots in secrecy folders and separating any link to the voter once a voter declaration is verified and the voter is struck off the voters' list. Of the alternative options, this is most similar to the in-person voting process. Any remote alternative option is unmonitored, however the voter declaration that must be signed, requires that the voter acknowledge legal responsibility for marking their own ballot and for not being coerced. Page 4 of 8 Page 487 of 751 • Offering an alternative option that is faire, consistent and does not bias or provide increased influence for any candidate or voter. • Increasing access for voters who are unable to come to a voting location, particularly voters living or temporarily outside of the City on work or personal matters. • Maintaining the integrity of the voting process by offering voters the option to cast a remote ballot through an established and trusted mail system. Impacts of potential mail delays or strikes could be planned for and addressed through the use of drop off points and it is within the authority of the City Clerk to delay official election results should a large scale delay of mailed ballots occur. • Providing certainty that the results reflect the votes cast and that valid votes are counted and invalid votes are rejected consistent with in -person voting processes. By offering a paper ballot, vote counting would take place using the same type of pre-tested vote tabulator as at in-person voting locations. This means that the same criteria and process for accepting and rejecting ballots under certain conditions, like an over-voted ballot, would be applied in the same way as ballots cast in-person. Counting mailed ballots would occur after the close of voting locations on Election Night and would be open to viewing by candidates or scrutineers. Audit tracking and any questions regarding the accuracy of results could be verified by the physical ballots and a recount, if ordered by a judge, could be conducted by manual count. Vote by mail kits can be made available to all eligible voters who register to receive one. Voters who are not on the voters’ list can request to be added before registering for a Vote by mail kit. Voters who receive a kit will have to complete them and place in the mail before a cutoff date to ensure they are received before Election Day. Alternatively, voters who receive a kit could also drop them off at City Hall up until 8:00 p.m. on Election Day. In addition, residents of retirement homes and long-term care facilities that the Municipal Elections Act mandates to have a polling location on Election Day, will receive a vote by mail kit with staff picking them up on Election Day. The use of internet voting upholds some principles of the MEA by: • Offering an alternative option that is fair, consistent and does not bias or provide increased influence for any candidate or voter. • Providing a range of customization options, including the ability to change font size and adjust contrast, as well as, integration with screen reading software on voters' personal devices to offer the most accessible voting experience for voters with disabilities. • Generally treating voters and candidates fairly and consistently by using widely available technology for voters and not providing undue advantage to any candidate. Given the extremely low response for the use of vote by phone alternatives this option is not being commented on. Engagement on alternative options Page 5 of 8 Page 488 of 751 In an effort to gather information from the elector base in Niagara Falls, Clerks staff, in conjunction with the Communications team, created a survey to gather the opinions of the public on which alternative voting options they preferred. Analysis From February 9, 2022 to March 1, 2022, an Alternative Voting survey was active on the City's Elections, Let's Talk webpage and actively promoted through the City of Niagara Falls social media platforms. The survey was also promoted on the radio through an interview of the City Clerk on 610 CKTB. Paper copies of the survey were available at City Hall. The intent of the survey was to get a feel from residents on their preference(s) on how they would like to vote in the municipal and school board elections. There were 377 responses to the survey with 326 of them completed the entire survey. Internet voting did come in with the highest ranking among those who participated in the survey. The results are not too surprising given the fact that the survey was done primarily on -line. and is a small indicator on where we may be heading in administering future elections. The 2nd and 3rd ranked options were in-person voting done either at an advanced poll or on election day. The 4th ranked option was vote by mail while telephone voting came in as the 5th ranked option. The survey results, even with a vey small sampling (less than 1%) of the electors in the City, is perhaps a small indicator on where we may be heading in administering future elections. Given the limited staff and budget that has been set aside to conduct the 2022 municipal election, staff would not yet be recommending an on-line alternative voting method. With the current agreement in place with Elections Ontario and Dominion Voting for the use of the vote tabulators and electronic poll books to maintain the voters' list, Vote by mail would be the most efficient and in line with the principles of the Municipal Elections Act. Operational Implications and Risk Analysis Vote by mail has not been implemented by the City of Niagara Falls before, however, processes could be developed and enhanced based on broad use by other municipalities and higher levels of government. Vote by mail is vendor supported by Datafix, the City's voters' list system provider, and could be administered with existing staffing and budget resources. Due to use at higher levels of government, it is a method familiar to a number of voters. Confidence in the election results are paramount for any election and Vote by mail offers the ability to consistently audit and recount in the same manner as ballots cast in-person. This method would allow the use of the current vote tabulators that we have in place to count the Vote by mail ballots and would also allow an audit or recount of ballots in the same manner as they were originally counted, or by alternative methods if ordered by by a judge. Page 6 of 8 Page 489 of 751 Vote by mail does have its costs, however the implementation and execution of the process does not require the same amount of strategic planning and policy development. Other municipalities such as the City of Guelph, are using Vote by mail, even though they used internet voting in 2014, since the challenges associated with the voters' list provided by MPAC made administering internet voting more difficult. This issue is being address with changes in legislation and confirmation that a v oter list provided by Elections Ontario, and not the Municipal Property Assessment Corporation, will be in place in time for the 2026 municipal elections. This will significantly improve the accuracy of information on the list and would make offering internet voting more secure and easier to administer in the future. It would not address data accuracy issues in time for 2022. It is felt that at this time, the Clerks Office staff lack the capacity, financial resources and specialized skill set to thoroughly audit and test an internet voting system and all related processes and sub-contracted services. Also, without higher level standards, questions remain about how secure, reliable and trustworthy internet voting is. Until there are standards that test all aspects of this method, the integrity and reliability of results cannot be verified outside of the internet voting system which is problematic from a legal and administrative perspective. Election trends For vote by mail, broader trends see use of this method increasing at all levels of government. This is the alternative option consistently used by Elections Ontario and Elections Canada. Prior to the Covid-19 pandemic, this option has been used by smaller municipalities across Ontario and, in some cases, is the only voting option offered. There are some mid-size municipalities in Canada, like the City of St. John's Newfoundland with a population of roughly 108,000 that use vote by mail as their only voting option. Since the Covid-19 pandemic, Vote by mail has been increasingly used by election administrators. Locally, the City of St. Catharine's and the Town of Pelham plan to offer vote by mail as an alternative voting platform. Discussion The City Clerk's Office recommends that Vote by mail be approved for use in the 2022 municipal elections based on the ability to uphold all principles of the MEA, this method can be most widely accessed by voters, the ability to thoroughly audit and verify recount with a paper ballot, familiarity to voters, and increasing use in elections. The alternative voting methods by-law, included on today's agenda, does not specify a timeline for this remote voting method to be used. The City Clerk is seeking broad approval of an alternative method and will consider implementation timelines based on Page 7 of 8 Page 490 of 751 the alternative method approved by Council and any public health recommendations closer to the date of the election. Internet voting is not recommended as it may not uphold all principles of the MEA, including the secrecy of the vote and integrity of the election, ongoing voters' list limitations in 2022, a lack of standards that would establish clear requirements for more thorough audit of the internet voting system and all related processes that would ensure integrity of the election process and support greater community trust in an internet voting method and election results. The City Clerk's Office acknowledges that internet voting is the most accessible voting method for some voters with disabilities and is still strongly favoured by the public. However, if a method is unable to meet the legal principles of the MEA and cannot guarantee the overall integrity and certainty of the results then it cannot be recommended. Financial Implications/Budget Impact The City entered into an agreement with Dominion Voting in advance of the 2018 municipal elections for a 2 term agreement. This is a shared agreement with Elections Ontario to be able to use vote tabulating equipment at a reduced rate since the tabulators are owned by the Province and used for their provincial elections. Costs for the rent of the vote tabulators, software, results tally, configuration, training, onsite support and shipping are estimated at $91,000 for 2022. Funds have been budgeted for these expenses for 2022. Strategic/Departmental Alignment By providing Vote by mail to the electors of Niagara Falls the City is increasing our customer service offerings to those in our community. Written by: Bill Matson, City Clerk Margaret Corbett, FOI, Records & Elections Officer Submitted by: Status: Bill Matson, City Clerk Approved - 16 Mar 2022 Jason Burgess, CAO Approved - 16 Mar 2022 Page 8 of 8 Page 491 of 751 CLK-2022-07 Report Report to: Mayor and Council Date: March 22, 2022 Title: Use of Corporate Resources for Election Purposes Recommendation(s) THAT Council review and approve the updated Use of Corporate Resources for Election Purposes Policy (400-39). Executive Summary This report is intended to provide Council with information relative to the Municipal Elections Act, 1996 (MEA) and the Use of Corporate Resources for Election Purposes by candidates seeking municipal office. Attached to this report is Attachment 1: Use of Corporate Resources for Election Purposes Policy. The purpose of this policy is to provide fair and equitable treatment of all candidates while meeting the requirements under the MEA. Background Within the MEA; What constitutes a contribution for an election campaign, subsection 88.15 defines contributions as “money, goods and services given to and accepted by a person for his or her election campaign, or given to and accepted by another person who is acting under the person’s direction, are contributions.” 2016, c. 15, s. 53 (1). Further, subsection 88.12 (4) states “….the following shall not make a contribution – the Crown in the right of Canada or Ontario, a municipality or local board.” 2016, c. 15, s.52. In defining contributions as money, goods and services, it is apparent that the use of the Corporation’s resources relative to an election campaign would be in violation of the MEA. Resources would include, but are not limited to, the following: facilities, equipment, supplies, services, staff or other resources of the municipality. Further, the use of staff services, or any person receiving compensation from the municipality, during their regular working hours is also deemed to be in contravention of the MEA. Analysis This policy is intended to enhance and expand upon the statement within Part 11 of the Code of Conduct that states: “Members may not use City resources for any type of political activity as outlined in the “Use of Corporate Resources and Election campaign activities policy” including promoting or opposing the candidacy of any person to elected office in any municipal, provincial and federal campaign.” Page 1 of 8 Page 492 of 751 In fulfilling the duties of the City Clerk, in accordance with the Municipal Act, 2001 and the MEA, it is prudent and efficient to establish a policy on the appropriate use of corporate resources during an election period to protect the interests of all ca ndidates, including current members of City Council, and the Corporation. In reviewing the various policies, reports and practices established by other municipalities and from the AMCTO Election Project Team, there are a number of commonalities to draw upon: compliance with the MEA, best practices, fair and equitable treatment for all candidates, and protection for both candidates and the Corporation. The adoption of this policy represents a positive stride by the municipality in delivering an election process that achieves the principles set out by the Ministry of Municipal Affairs staff during the development and review of the MEA. These principles include: • The election should be fair and non-biased; • The integrity of the process should be maintained throughout the election; and • Candidates should be treated fairly and consistently within a municipality. By clarifying the expectations to all candidates through the adoption of this policy, it will reduce the possibility that either an individual candidate or the Corporation would inadvertently violate the MEA. Further, it will provide for the fair and open treatment of all candidates while enhancing the overall election process. Financial Implications/Budget Impact Financial implications would be penalties issued upon conviction, for breaching the campaign financing provisions of the MEA include fines of not more than $25,000., s. 94.1 (1) (1) for an individual or not more than $50,000 for a Corporation, s. 94.1 (2). Contributor(s) Bill Matson, City Clerk List of Attachments Attachment 1: Use of Corporate Resources for Election Purposes Policy Written by: Margaret Corbett, FOI, Records & Elections Officer Submitted by: Status: Bill Matson, City Clerk Approved - 11 Mar 2022 Page 2 of 8 Page 493 of 751 Jason Burgess, CAO Approved - 15 Mar 2022 Page 3 of 8 Page 494 of 751 Department Clerk’s Department Division Subject Use of Corporate Resources for Election Purposes Policy # 400-39 Issue Date January 2018 Revision Date March 2022 x Policy ☐ Procedure Page Page 1 of 5 Submitted by Director Date Recommended by CAO Date ☐ Approved by Council Report#Bylaw#Date POLICY STATEMENT The purpose of this policy is to notify all registered candidates, including members of City Council, of the requirement to follow the provisions of the Municipal Elections Act, 1996, (the Act) as amended, and that: •No member/candidate shall use the facilities, equipment, supplies, services, staff or other resources of the municipality (including City letterhead, City business cards, City email accounts, City computers, iPads, cell phones and any Councillor budgets) for any election campaign or campaign-related activities; •No member/candidate shall undertake campaign-related activities on municipal property during regular working hours; and •No member/candidate shall use the services of persons during hours in which those persons receive any compensation from the municipality. PURPOSE To ensure that members of City Council, registered candidates, and staff adhere to the provisions of the Act, as amended. SCOPE This policy is applicable to all registered candidates, including sitting members of Municipal Council. This policy is applicable to municipal elections, including by-elections and applies, with necessary modifications, to provincial and federal elections. Page 4 of 8 Page 495 of 751 Department Clerk’s Department Division Subject Use of Corporate Resources for Election Purposes Policy # 400-39 Issue Date January 2018 Revision Date March 2022 x Policy ☐ Procedure Page Page 2 of 5 Submitted by Director Date Recommended by CAO Date ☐ Approved by Council Report#Bylaw#Date DEFINITIONS “The Act” means the Municipal Elections Act, 1996, as amended from time to time, and includes any regulation made there under; “Blackout Period” is a term which refers to the temporary period from the day prior to Nomination Day to and including Voting Day in which certain privileges are discontinued for sitting members of Municipal Council and the Mayor; “By-election” means an election other than a regular election; “Candidate” means a person who has filed a nomination to run in a municipal, provincial or federal election, and shall be deemed to include third party advertisers and any person seeking to influence other persons to vote for or against any candidate or any question or by- law submitted to the electors under section 8 of the Act; “Campaign Period” begins the date a candidate files their nomination through to voting day in a municipal election year. For federal and provincial elections, the campaign period begins with the issuance of the writ through to voting day. “City of Niagara Falls” means The Corporation of the City of Niagara Falls. “Corporate Resources” includes but is not limited to the City of Niagara Falls’ Staff, events, funds, information and assets; “Election Period” means May 1 through to and including Voting Day; “Municipal Facilities” means any real property owned or under the control of the City of Niagara Falls; “Nomination Day” for a regular municipal election is the third Friday of August in the year of the election; “Staff” includes full-time, part-time, and contract employees, paid by the City of Niagara Falls; “Voting Day” is the day on which the final vote is to be taken in an election. POLICY 1) That in accordance with the provisions of the Act: Page 5 of 8 Page 496 of 751 Department Clerk’s Department Division Subject Use of Corporate Resources for Election Purposes Policy # 400-39 Issue Date January 2018 Revision Date March 2022 x Policy ☐ Procedure Page Page 3 of 5 Submitted by Director Date Recommended by CAO Date ☐ Approved by Council Report#Bylaw#Date (a) Corporate resources, assets and funding may not be used for election-related purposes; (b) Staff shall not canvass or actively work in support of a municipal, provincial or federal candidate or party during normal working hours unless they are on a leave of absence without pay, lieu time, float day, or vacation leave; (c) Members of Council, including the Mayor and Candidates shall not use any municipal facilities for any election-related purposes. Campaign-related signs or any other election-related material shall not be displayed in any municipal facility (ie. Arenas) and must not use election-related materials in or on buses, bus shelters, arena or park advertising or within any municipal publication such as a City Newsletter or the “My City Guide.” (d) The following, referred to as the Blackout Period, is to be discontinued for members of Council from the day prior to Nomination Day in a municipal election year to Election Day: •Print, photocopy or distribute any newsletters unless so directed and approved by Council; •Order office furniture or furnishings, except those of an emergency nature; or •Order any stationery or business cards, except within reason and as needed to carry out their current duties. (e) Members of Council shall not: •Print or distribute any material using municipal funds that make reference to, contain the names or photographs of, or identifies registered Candidates for Municipal Elections; and that Minutes of Municipal Council and Committee meetings be exempt from this policy; or Page 6 of 8 Page 497 of 751 Department Clerk’s Department Division Subject Use of Corporate Resources for Election Purposes Policy # 400-39 Issue Date January 2018 Revision Date March 2022 x Policy ☐ Procedure Page Page 4 of 5 Submitted by Director Date Recommended by CAO Date ☐ Approved by Council Report#Bylaw#Date (f) Members of Council are responsible to ensure that the content of any communications material, including printed material such as newsletters, advertising, etc. funded by the municipality for the operation of each Councillor’s Office, is not directly election related. (g) Websites or domain names that are funded by the municipality may not include any election-related campaign material •Candidates are permitted to link to any City document available to the public or on a public City webpage from their campaign website. •Candidates are not permitted to incorporate a video or other material (i.e. photos) for which the City has proprietary rights on their own web page. •Sitting members of Council shall not use the City’s IT resources, including individual websites linked through the City’s website and social media accounts used for any election campaign and/or campaign-related activities. •If a Member of Council uses any social media account for campaigning, such accounts must not be created or supported by Corporate Resources. Social media accounts used for campaign purposes must utilize personal cell phones, tablets and/or computers; •Sitting members of Council who choose to create or use social media accounts for campaigning must include, for the duration of the Election Period, a clear statement on each campaign website or social media account’s home page indicating that the account is being used for Election Campaign purposes and is not related to their duties as a Member of Council; and •All Candidates are allowed to place campaign phone numbers, websites, and email addresses on the election pages of the City’s website. (h) Candidates must not, under any circumstances, use a City logo or any variation of it on any campaign material, election signs, social media or campaign websites. Page 7 of 8 Page 498 of 751 Department Clerk’s Department Division Subject Use of Corporate Resources for Election Purposes Policy # 400-39 Issue Date January 2018 Revision Date March 2022 x Policy ☐ Procedure Page Page 5 of 5 Submitted by Director Date Recommended by CAO Date ☐ Approved by Council Report#Bylaw#Date (i) Members of Council may not use the municipality’s voicemail system and/or cell phones to record election related messages; and (j) The above recommendations also apply to an acclaimed member or a member not seeking re-election; and 2) That the Municipal Clerk be authorized and directed to take the necessary action to give effect to this policy. Limitation: This policy does not preclude a member of Municipal Council or Regional Council from performing their duties as a Councillor, or Regional Chair nor inhibit them from representing the interests of the constituents who elected them. Implementation: This policy shall become effective immediately upon approval by the Municipal Council. Rationale and Legislative Authority: It is necessary to establish on the appropriate use of Corporate resources during an election period to protect the interests of both members of Council and the City of Niagara Falls. The Act prohibits a municipality from making a contribution to a candidate. The Act, also prohibits a candidate, or someone acting on the candidate’s behalf, from accepting a contribution from a person who is not entitled to make a contribution. As a contribution may take the form of money, goods or services, any use by a Member of Council of the Corporation’s resources for their election campaign would be viewed as a contribution by the municipality to the member, which is a violation of the Act, 1996. Page 8 of 8 Page 499 of 751 F-2022-11 Report Report to: Mayor and Council Date: March 22, 2022 Title: Statement of 2021 Remuneration and Expenses for Members of Council and Commissions Recommendation(s) For the information of Municipal Council Executive Summary Annual reporting of the remuneration received is a requirement of the Municipal Act, 2001. The remuneration outlined in this report is consistent with prior years and has been prepared according to legislation Analysis The attached statement of remuneration and expenses for the year ending December 31, 2021 has been prepared pursuant to sections 283 and 284 of the Municipal Act, 2001, and authorized for payment under By-law #99-22, By-law #2002-57 and By-law #2001-252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. A summary for 2021 is provided below: Remuneration Benefits Expenses Total City Council $350,306.72 $96,273.86 $37,819.09 $484,399.67 Committee of Adjustment $4,200.00 $0.00 $548.83 $4,748.83 Niagara Falls Hydro Holding Corporation $38,400.00 $0.00 $0.00 $38,400.00 List of Attachments 2021 Statement of Remuneration and Expenses - Niagara Falls City Council 2021 Statement of Remuneration and Expenses - Committee of Adjustment; Niagara Falls Hydro Holding Corporation 2021 Attendance of Council Members Written by: Jon Leavens, Acting Director of Finance Page 1 of 5 Page 500 of 751 Submitted by: Status: Jason Burgess, CAO Approved - 15 Mar 2022 Page 2 of 5 Page 501 of 751 Council Member Salary Committee Benefits Expenses Total DIODATI, J 116,196.08 750.00 29,999.91 17,511.52 164,457.51 CAMPBELL, W 26,470.08 5,700.00 6,623.05 2,395.62 41,188.75 DABROWSKI, C 26,470.08 2,925.00 10,625.87 2,362.84 42,383.79 IOANNONI, C 26,470.08 0.00 10,146.16 3,280.87 39,897.11 KERRIO, V 26,470.08 375.00 4,211.89 624.18 31,681.15 LOCOCO, L 26,470.08 4,275.00 10,859.81 3,694.56 45,299.45 PIETRANGELO, V 26,470.08 1,800.00 10,441.38 2,481.71 41,193.17 STRANGE, M 26,470.08 1,425.00 6,754.45 2,721.73 37,371.26 THOMSON, W 26,470.08 5,100.00 6,611.34 2,746.06 40,927.48 TOTAL $327,956.72 $22,350.00 $96,273.86 $37,819.09 $484,399.65 2021 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS CITY COUNCIL Page 3 of 5 Page 502 of 751 Member Remuneration Expenses Total Campigotto, P. 900.00 178.77 1,078.77 Colosimo, P. 825.00 128.62 953.62 Franze, D. 900.00 153.53 1,053.53 Mrozek, J. 750.00 0.00 750.00 Stranges, L. 825.00 87.91 912.91 TOTAL $4,200.00 $548.83 $4,748.83 Member Remuneration Expenses Total DIODATI, J 4,800.00 0.00 4,800.00 CAMPBELL, W 4,800.00 0.00 4,800.00 DABROWSKI, C 4,800.00 0.00 4,800.00 IOANNONI, C 0.00 0.00 0.00 KERRIO, V 4,800.00 0.00 4,800.00 LOCOCO, L 4,800.00 0.00 4,800.00 PIETRANGELO, V 4,800.00 0.00 4,800.00 STRANGE, M 4,800.00 0.00 4,800.00 THOMSON, W 4,800.00 0.00 4,800.00 TOTAL $38,400.00 $0.00 $38,400.00 2021 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEE OF ADJUSTMENT NIAGARA FALLS HYDRO HOLDING CORPORATION Page 4 of 5 Page 503 of 751 Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Diodati Campbell Dabrowski Ioannoni Kerrio Lococo Pietrangelo Strange Thomson Date of Council Meeting 19-Jan-21 X 9-Feb-21 2-Mar-21 23-Mar-21 20-Apr-21 11-May-21 1-Jun-21 22-Jun-21 13-Jul-21 10-Aug-21 14-Sep-21 X 5-Oct-21 26-Oct-21 X 16-Nov-21 7-Dec-21 X 2021 Attendance of Council Members X = Absent from the meeting MEMBER OF COUNCIL Page 5 of 5 Page 504 of 751 F-2022-14 Report Report to: Mayor and Council Date: March 22, 2022 Title: 2021 Sleep Cheap Event Recommendation(s) For the information of Council. Executive Summary The 2021 Sleep Cheap event raised $84,533.60 (2020 - $58,780.50), thanks to the generosity of local hotels and attractions. Overall, since its inception in 2004, the event has raised $2,293,396. On the recommendation of the Sleep Cheap Committee, donations were issued to the selected recipients outlined in the attachment. Background Sleep Cheap is a fundraising event, held annually in the City, that provides an opportunity for Niagara Region residents to experience some of the City’s most prestigious hotel properties and attractions for a fraction of the cost, with the proceeds donated to local charities. The Sleep Cheap event is coordinated by the City in co-operation with members of the Sleep Cheap Committee which includes representatives from the City’s tourism industry, and City Council. Eligible charities are invited to submit applications for funding. These applications are reviewed and recipients are selected by the organizing committee. Participating tourism operators contribute funds raised during the Sleep Cheap event, and receive a receipt for funds donated. The 2021 Sleep Cheap total was enhanced this year by a donation of $3,277.11 from the McCall MacBain Foundation. Due to the COVID-19 pandemic, the WonderFalls attraction pass was not available to purchase in 2020 or 2021. Attached is the committee’s recommended list of recipients for 2021 with the designated amounts. Financial Implications/Budget Impact The various tourism operators contribute all of the funds raised during the Sleep Cheap event. Each of the contributing tourism operators receive a receipt for the funds Page 1 of 3 Page 505 of 751 collected and contributed to the City. A committee made up of a Councillor, City staff and tourism operators coordinate the event, collect the funds and determine the recipients for the monies raised. Attached is the committee’s recommended list of recipients with the designated amounts. As no funds were generated through 2021 Wonderfalls, no funds will be transferred to the special purpose reserve designated for improvement of parks and playgrounds in Niagara Falls. List of Attachments 2021 sleep cheap charity distribution Written by: Jon Leavens, Acting Director of Finance Submitted by: Status: Jason Burgess, CAO Approved - 15 Mar 2022 Page 2 of 3 Page 506 of 751 Charity Amount Granted Bethlehem Housing & Support Services 1,300.00$ Big Brothers Big Sisters of Niagara Falls 1,625.00$ Community Crew 16,250.00$ Community Support Servies of Niagara 2,567.72$ Falls View Hose Brigade 6,175.00$ Heartland Forest Nature Experience 6,175.00$ Hotel Dieu Shaver Foundation 2,730.00$ Kristen French Child Advocacy Centre Niagara 6,000.00$ Niagara Falls Art Gallery - Niagara Children's Museum 1,745.00$ Niagara Falls Community Outreach Soup Kitchen 13,000.00$ Niagara Furniture Bank 3,250.00$ Pathstone Fondation 6,000.00$ Wellspring Cancer Centre Support Foundation 3,250.00$ Women's Place of South Niagara Inc.6,000.00$ Total Contributions to Charity 76,067.72$ Optional 25% dedication fo charity by Hotels Niagara Community Foundation 8,116.00$ Niagara Humane Society 349.88$ Grand Total 84,533.60$ 2021 Sleep Cheap - Distribution of Funds Page 3 of 3 Page 507 of 751 MW-2022-13 Report Report to: Mayor and Council Date: March 22, 2022 Title: Breadner Crescent, Chipman Crescent, Parkway Drive and Ussher Street - Parking Control Review Recommendation(s) That Council approve the ‘No Parking’ restrictions be removed from: 1. the west side of Breadner Crescent between Parkway Drive (north intersection) and Parkway Drive (south intersection); 2. the west side of Chipman Crescent between Sarah Street and Cattell Drive; 3. the east side of Parkway Drive between Callan Street and Cattell Drive; and, 4. the east side of Ussher Street between Sarah Street and Chipman Crescent. And that Council pass the amending by-law on tonight’s agenda. Executive Summary At its meeting on January 18, 2022, Council directed staff to conduct the necessary questionnaires and technical reviews to determine if the parking restrictions on Chipman Crescent, Ussher Street, Parkway Drive and Breadner Crescent can be removed. In early February 2022, a letter was delivered to all residents with frontage on Breadner Crescent, Chipman Crescent, Parkway Drive and Ussher Street asking for their input and/or concerns with removing the parking restrictions. In summary, 3 of the 125 properties responded against removing parking restrictions, 122 properties did not respond. These responses are in addition to the petition received from 25 residents on Chipman Crescent, representing 16 properties. Staff is recommending that the existing ‘No Parking’ restrictions be removed from Breadner Crescent, Chipman Crescent, Parkway Drive and Ussher Street. The removal of existing parking restrictions will provide residents with additional parking. Background At its meeting on October 5, 2021, Council received a petition from the residents of Chipman Crescent requesting that Council rescind its approval of TS -2020-02 or create a bylaw to put no parking on every street in Niagara Falls. Staff followed up with report MW-2022-06 seeking Council’s support for Staff to proceed with public consultation in Page 1 of 4 Page 508 of 751 support of removing the parking restrictions on Breadner Crescent, Chipman Crescent, Parkway Drive and Ussher Street. Breadner Crescent, Chipman Crescent, Parkway Drive and Ussher Street are all local roads with an 8-metre asphalt width. Single family residential dwellings abut both sides of each road. Each road carries low daily traffic volumes and are generally used primarily for residents that live on these roads. Analysis Fire and Transportation Staff conducted a cursory review of the subject roadways included in TS-2020-02. This review determined that Sarah Street does not meet technical merits to allow on-street parking on either side of the roadway. The remaining roadways, Breadner Crescent, Chipman Crescent, Parkway Drive and Ussher Street, on the other hand, merit further public consultation since there are limited technical reasons why parking is suggested to be restricted. Staff is therefore recommending the removal of the recent no parking restrictions detailed in TS-2020-02, except for Sarah Street, subject to the results of public consultation. In early February 2022, a letter was delivered to all residents with frontage on Breadner Crescent, Chipman Crescent, Parkway Drive and Ussher Street asking for their input and/or concerns with removing the parking restrictions. In summary, 3 of the 125 properties responded against removing parking restrictions, 122 properties did not respond. These responses are in addition to the petition received from 25 residents on Chipman Crescent, representing 16 properties. Staff is recommending that the existing ‘No Parking’ restrictions be removed from Breadner Crescent, Chipman Crescent, Parkway Drive and Ussher Street. Upon Council’s approval and passage of the amending by-law, signs will be removed. Financial Implications/Budget Impact The removal of the signs is to be carried out by Municipal Works - Transportation Services staff. The labour and material costs are accounted for in the approved 2022 Gen eral Purposes Budget. Removing the signs is estimated to cost approximately $500. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist, and pedestrian safety. Contributor(s) This report was prepared in consultation with Chief Jo Zambito, Fire Services. List of Attachments MW-2022-13 - Breadner Crescent, Chipman Crescent, Parkway Drive & Ussher Street - Parking Review Written by: Page 2 of 4 Page 509 of 751 Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 11 Mar 2022 Jason Burgess, CAO Approved - 15 Mar 2022 Page 3 of 4 Page 510 of 751 Proposed Parking Restriction Removal Parking Control Review Parkway Drive,Breadner Crescent Ussher Street,Chipman Crescent, MW-2022-13 Page 4 of 4Page 511 of 751 PBD-2022-10 Report Report to: Mayor and Council Date: March 22, 2022 Title: Ontario Housing Affordability Task Force Proposal Review Recommendation(s) 1. That Council support the recommendations from Planning staff on "The Report of the Ontario Housing Affordability Task Force" as detailed in Appendix "2" of PBD-2022- 10. 2. That Council forward a copy of this report to Minister Steve Clark. 3. That Staff monitor how these recommendation are implemented by the Provincial government and bring forward any necessary staffing implications to Council through the 2023 budget. 4. That Staff prepare a future report to Council on permitting additional uses in the low density areas and zones for gentle intensification, recommendations for intensification corridors as part of the City's new Official Plan, consideration of a reduction of parking requirements based on the City's parking study review and on dele gated authority. Executive Summary On February 8, 2022 the provincial task force released “The report of the Ontario Housing Affordability Task Force” (Appendix "1"). This report outlined fifty-five recommendations to support the construction of 1.5 million new homes in 10 years to assist the housing affordability problem. The task force breaks up the fifty-five recommendations into five main categories: 1. Focus on getting more homes built 2. Making land available to build 3. Cut the red tape so we can build faster and reduce costs 4. Reduce the costs to build, buy and rent 5. Support and incentivize scaling up housing supply The recommendations in the provincial report are geared towards intensification through modernization of zoning to permit a wider more inclusive variety of housing in existing Page 1 of 60 Page 512 of 751 neighbourhoods, intensification of transit corridors and roadways and to monopolize on underutilized commercial properties. These recommendations open the door for more housing within the urban area to make better use of existing roads, water, wastewater, transit and other public services. The report focuses on ensuring growth happens at a faster rate with less costs. The recommendations focus on timelines, clear expectations for developers, new innovative options for development and preventing the abuse of the appeal process. The province suggests that funding may be available for additional human resources, e -permitting, to support intensification and faster development approval. They also propose recommendations to balance government fees such as development charges, parkland dedication, HST, property taxes to ensure they do not discourage development. After review there are four main areas of concern for staff and they are: 1.Density without amenities or good design 2.No relationship or shared common goal with government and developers 3.The plan is Toronto/GTA centric 4.The financial impacts to the City of Niagara Falls The Provincial task force recommendations are a starting point but we need to consider a made in Niagara approach to ensure development and intensification focus on good design, appropriate integration into existing communities and the support of amenities to create great places for people to live. Accelerated growth does come at a cost. The City will need to invest in human resources and e-permitting systems to efficiently process applications to make sure developers get in the ground sooner. The province is committing to providing funding to assist municipalities at the outset but the Province needs to make sure that the burden of faster more affordable housing does not come at a cost to just the taxpayer. The Province needs to engage the development community to commit to assisting in this effort. This collaborative approach to housing affordability is missing from the current task force recommendations and needs to be further considered by the Province. Background On December 6, 2021, the Ontario government appointed nine members to a new Housing Affordability Task Force to determine measures to address housing affordability. The mandate of this task force was to: • Increasing the supply of market rate rental and ownership housing; • Building housing supply in complete communities; • Reducing red tape and accelerating timelines; Page 2 of 60 Page 513 of 751 • Encouraging innovation and digital modernization, such as in planning processes; • Supporting economic recovery and job creation; and • Balancing housing needs with protecting the environment. On February 8, 2022 this task force released “The report of the Ontario Housing Affordability Task Force” (Appendix "1"). This report outlines fifty-five recommendations to build 1.5 million new homes in 10 years to assist the housing affordability problem. The task force has broken up the fifty-five recommendations into five main categories: 1. Focus on getting more homes built The goal is to build 1.5 million homes in 10 years by permitting the full spectrum of housing to support intensification through redevelopment in the existing urban areas. We are in a housing crisis and the goal of the Province while ambitious will help to assist in providing housing for all. 2. Making land available to build These recommendations are geared towards modernizing zoning to permit a wider more inclusive variety of housing in existing neighbourhoods, to intensify transit corridors and to monopolize on underutilized commercial properties. These recommendations open the door for more housing options through increase density making better use of existing roads, water, wastewater, transit and other public services. The government plans is to do this by proposing the followin g "as of right": • Four storeys and up to 4 units on a single residential lot; • conversions of underutilized commercial lands; • secondary suites, garden suites and laneway houses; • multi-tenant housing; • unlimited height and density within major transit stations if a municipality has not planned for intensification within 2 years; and • 6-11 storeys with no minimum parking requirements on streets that have public transit. The government is also proposing to make changes by: • removing policies/zones that prioritize preservation of the character of a neighbourhood; • exempting from site plan approval and public consultation all projects of 10 units or less; • proposing province wide zone standards and remove floor plate restrictions; Page 3 of 60 Page 514 of 751 • limiting municipalities from requesting or hosting additional public meetings beyond; the planning act and permitting digital participation options; • removing any barriers to affordable construction in the Ontario Building Code; • incentivizing municipalities to increase densities in school zones with capacity; • requiring mandatory delegation of site plan approval and minor variance to staff or 3rd party consultants; • limiting the abuse of the heritage preservation and designation process and requiring compensation by municipalities to homeowners for loss of property value as a result of heritage designation; and • restoring developers rights to appeal Official Plans and Municipal Comprehensive reviews. Lastly, the government suggests responsible housing growth on undeveloped land including land outside urban area boundaries to support higher density complete communities. 3. Cut the red tape so we can build faster and reduce costs The recommendations in this section focus on timelines, clear expectations for developers, new innovative options for development and preventing the abuse of the appeal process. These recommendations consider how to improve the standardization, speed and alternatives for development applications through: • Legislative timelines that must be adhered to or the application is deemed approved; • fund approvals facilitators; • pre-consultation with a binding list of requirements; • allow 12 storey wood frame construction; • standardization of draft plan conditions; • standardization of legal agreements; • an option to pay on demand surety bonds and letters of credit. The changes to the appeal process include such things as: • the removal of the right to appeal housing projects with at least 30% affordable housing guaranteed for 40 years; • a $10,000 filing fee for third party appeals; • costs to the successful party in any appeal brought by a third party or municipality where council has overridden staffs recommendation. • encourage oral decisions; • awarding punitive damages to a municipality that has refused an application to avoid the deemed approval timelines; Page 4 of 60 Page 515 of 751 • fund additional staffing at OLT (Ontario Land Tribunal) and set shorter time targets. 4. Reduce the costs to build, buy and rent This section proposes recommendations to balance government fees such as development charges, parkland cash in lieu, HST, property taxes to ensure they do not discourage development. This section also covers further legislative changes to the Planning Act, the and Perpetuities Act and focuses on provincial funding and other strategies to address affordable housing and the need for more housing. The government is proposing to: • Waive DC's, parkland cash in lieu for all infill projects up to 10 units or where no new material infrastructure is required; • Waive DC"s on affordable housing guaranteed for 40 years; • prohibit interest rates on development charges higher than a municipalities borrowing rate; • Review by province of cash in lieu, DC's and benefit reserves to ensure they are used in a timely fashion and are used in the neighbourhoods where they are collected. • recommend that HST rebates reflect current home prices. • Align property taxes for purpose built rental; • Extend maximum period for land leases and restrictive covenants to 40 years or more; • Funding for pilot projects for pathways to homeownership for those in need and loan guarantees for purpose built rentals; • call on the federal government to implement an urban, rural and northern indigenous housing strategy; and • eliminate or reduce tax disincentives to housing growth; 5. Support and incentivize scaling up housing supply The recommendations in this section focus on ensuring infrastructure construction and allocation can be provided without the use of development charges, assist in solutions to address labour force shortages, impose funding penalties on municipalities that do not address the need for growth and to monitor progress. The Province plans to do this by: • enabling municipalities to withdraw infrastructure allocation where construction has not started within 3 years; • implementing a municipal service corporation utility model for water and wastewater to amortize costs among customers instead of using DC's. • improving education and funding programs for skilled trades and fund on the job training; Page 5 of 60 Page 516 of 751 • expediting immigration status for needed trades; • establishing an "Ontario Housing Delivery Fund" to reward annual growth that meets provincial targets, reductions in approval times and speedy removal of exclusionary zoning practices; • reducing funding to municipalities that fail to meet provincial housing growth and timeline targets; • Funding e-permitting systems and common data architecture standards and set a goal of 2025; • requiring municipalities and the provincial government to use the Ministry of Finance population projections as the basis for housing need analysis and report publicly on housing data and any gap between demand and supp ly; • empowering the Deputy Minister of Municipal Affairs and Housing lead a government committee to meet weekly to ensure recommendations and other ideas are implemented; and • evaluating these recommendations for the next three years. Overall the above five categories focus on changes to public participation, delegation, heritage matters, Ontario Local Planning Tribunal changes and as of right zoning and other legislative changes. These categories also focus on providing Provincial funding for changes and at the same time imposing new financial burdens on the municipality. Analysis The Affordability Task Force has put forth 55 recommendations to get home built faster by cutting red tape and reducing costs. The proposal while bold lacks a few fundamental key components and creates additional impacts on municipalities and its residents. The key issues are: 1.Density without amenities or good design 2.No relationship or shared common goal between government and developers 3.The plan is Toronto/GTA centric 4.The financial impacts to the City of Niagara Falls Density without amenities or good design 1) Increasing density without design or amenities to create a sense of place where people want to live creates poor environments that lead to crime, depression and other social impacts. In order to increase density in key areas proper planning should be undertaken to ensure there is sufficient service capacity, transit systems, parks and open space, commercial amenities, schools and other amenities within walking distance. The recommendations by the Task Force encourage density in areas without adequate transit, servicing and other amenities. Density in key locations should be planned. The Task Force did identify density near low enrollment schools as one recommendation. These schools are normally in areas of transition close to downtowns. These areas are ideal for intensification provided they have adequate amenities and Page 6 of 60 Page 517 of 751 services. This recommendation should be taken further to permit affordable housing on top of existing schools to increase enrollment and utilize shared open space and parking. Of particular interest is the recommendation to permit four storeys and up to 4 units on any single residential lot. The focus of the Province should be on a more gentle intensification and the elimination of red tape for second dwelling units, single to multiple conversions within existing structures and new permissions to permit a variety housing forms with a height of 2.5 storeys in lower density neighborhoods. This lower type of intensification will blend in with the existing neighbourhoods. This would then support the Province's goal to intensify along transit corridors by allowing more gradual intensification (4-6 storeys) as you get to the collector and arterial road system to support more intense transit ridership Niagara. In addition, recommendation 12 sets prohibitions for urban design type standards such as shadow impacts, angular planes all which assist in creating good building design. If these are not put in place what can result is large massive block buildings within limited windows creating places where people do not want to live. This is further compounded by limitations on Development Charges and parkland cash in lieu to fund new parks and other amenities for the new residents. The proposed changes need to consider further how to intensify with good design and appropriate amenities to create great places for people to live. The goal of the Province cannot be massive housing tracks without appropriate planning as this will come at a heavy social price. Common goal with Government and Developers 2) The approach by the Province is one sided and affordable housing needs to be a partnership between government and the developers. There is no guarantee that the reduction in these costs/timelines will translate to affordable housing or more housing. In the City of Niagara Falls the Planning Department had approved 4407 units within the Built up area which remained unbuilt as of the end of 2020. In addition, there were 560 units that remained unbuilt in the Greenfield area. Last year there were 860 residential units approved for construction in the City of Niagara Falls and the City has yet to calculate the amount of new units approved which will add to the supply inventory. City staff have noticed a significant amount of land banking occurring which also contributes to lack of supply. As can be seen, the Province needs to analyze further why the housing is not getting built faster with the supply ready and available for development. In addition, they need to consider how affordable housing will get built collectively through the municipalities/region/provincial work and the construction industry. Two possible solutions are to put in place "as of right" inclusionary zoning for any development above 4 units or set a percentage of affordable units that must be met by developers. Page 7 of 60 Page 518 of 751 As the approach cannot be one sided and the City of Niagara Falls has already planned for increased density in line with Provincial targets in the Downtown GO station area and have already begun work on, identifying new and revamping old, intensification nodes and corridors and will finalize this work through the City's new Official Plan. Staff have are also beginning an exercise to streamline the planning process and identify any bottlenecks in the process to ensure applications are not needlessly held up. Toronto/GTA centric Plan 3) These recommendations seem to stem from the Toronto/GTA area where transit is sufficient to accommodate this type of increased density. There should be a made in Niagara approach where Niagara has the ability to plan for intensification in each community and for those communities to determine the locations where growth is best suited. The provincial government should allocate a specific density and time frame for each municipality to identify there growth corridors or nodes to accommodate the projected growth. Given that the Region of Niagara's new Official Plan is almost complete this timeframe can be linked to the completion of the municipal conformity exercise. Financial Impacts 4) The municipality will need to increase staff to process applications to meet or exceed Provincial time target. These timeline targets and growth related projections will be linked to current and future funding allocations. The City has received funding to implement an e-permitting, planning and by-law system and any remaining funding could be used for additional staffing. There also may be future opportunities for funding for staffing. The province is recommending to waive DC's and parkland cash in lieu for projects up to 10 units and for other projects that do not require material infrastructure. Although this number seems small the City relies on DC's to fund capital infrastructure replacement and new infrastructure projects, fund park development, transit etc. The City also relies on parkland cash in lieu to purchase parkland and this will be extremely important in the future with the planned intensification. The reduction in these allocations will mean more costs on the general tax payer and residents of the City of Niagara Falls to fund projects. The province is suggesting that current taxpayers should pay for growth rather than the current model that growth should pay for growth. In addition, the Province is proposing compensation by municipalities to homeowners for loss of property value as a result of heritage designation. How this will be determined is a question and this is not currently budgeted by the municipality and will need to be considered further if approved relative to the possible heritage designation sites. Staff are of the opinion that there is no evidence that suggest heritage designations trigger lower property values and I would argue this is definitely not the case in Niagara on the Lake which has a very large heritage district which increases the property value of the area. Page 8 of 60 Page 519 of 751 Some of these financial burdens may be appropriate if they result in more affordable housing, but staff do not see how the compensation on heritage designation achieves the goal of providing more attainable and affordable housing. This recommendation is an outlier that is not in keeping with the theme of the Task Force mandate. The Provincial Task Force recommendations are a step in the right direction and they definitely open the door for further dialogue with area municipalities. The commentary above is a brief overview of concerns and suggestions but Planning staff have reviewed all the recommendations of the Task Force in detail in Appendix "2". Operational Implications and Risk Analysis The recommendations put forward by the Province will have operational impacts which will be tied to funding allocations. Additional staff will be needed to adhere to or exceed Provincial time targets. Financial Implications/Budget Impact The recommendations put forward by the Province will have an financial impact on the City. The financial impacts were identified above in the financial section above. Strategic/Departmental Alignment The City of Niagara Falls Strategic Vision for the City 2019-2022 is in line with the majority of the Provinces recommendations from the Provincial task force. The City's strategic plan focuses on streamlining the approvals process to support economic growth and development by updating plans and policies to be in line with future trends. This also includes a review of parking requirements to accommodate growth and economic development. The strategic plan also focuses on improvements to the transit system, the improvement and utilization of existing services, the long term planning for future services and linkages to other communities and amenities. Lastly, the City's strategic plan envisions a comprehensive housing strategy that will establish a housing mix to build complete communities, encourage infill opportunities, incentivize the development of affordable rental housing units and facilitate the delivery of new affordable housing units on both City-owned and third party land. List of Attachments Appendix 1 Ministry Report of the Ontario Housing Affordability Task Force v2 Appendix 2 Affordability Task force Written by: Kira Dolch, Director of Planning, Building & Devlopment Submitted by: Status: Page 9 of 60 Page 520 of 751 Jason Burgess, CAO Approved - 16 Mar 2022 Page 10 of 60 Page 521 of 751 Report of the Ontario Housing Affordability Task Force February 8, 2022 APPENDIX 1 MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING REPORT Page 11 of 60 Page 522 of 751 Report of the Ontario Housing Affordability Task Force | 2 Contents Letter to Minister Clark .......................................................................3 Executive summary and recommendations ...............................4 Introduction ............................................................................................6 Focus on getting more homes built ..............................................9 Making land available to build .......................................................10 Cut the red tape so we can build faster and reduce costs ........................................................15 Reduce the costs to build, buy and rent ....................................18 Support and incentivize scaling up housing supply .............................................................22 Conclusion ..........................................................................................26 Appendix A: Biographies of Task Force Members ................27 Appendix B: Affordable Housing .................................................29 Appendix C: Government Surplus Land ....................................31 Appendix D: Surety Bonds ............................................................32 References ..........................................................................................33 Page 12 of 60 Page 523 of 751 Report of the Ontario Housing Affordability Task Force | 3 Letter to Minister Clark Dear Minister Clark, Hard-working Ontarians are facing a housing crisis. For many years, the province has not built enough housing to meet the needs of our growing population. While the affordability crisis began in our large cities, it has now spread to smaller towns and rural communities. Efforts to cool the housing market have only provided temporary relief to home buyers. The long-term trend is clear: house prices are increasing much faster than Ontarian’s incomes. The time for action is now. When striking the Housing Affordability Task Force, you and Premier Ford were clear: you wanted actionable, concrete solutions to help Ontarians and there was no time to waste. You asked us to be bold and gave us the freedom and independence to develop our recommendations. In the past two months, we have met municipal leaders, planners, unions, developers and builders, the financial sector, academics, think tanks and housing advocates. Time was short, but solutions emerged consistently around these themes: • More housing density across the province • End exclusionary municipal rules that block or delay new housing • Depoliticize the housing approvals process • Prevent abuse of the housing appeals system • Financial support to municipalities that build more housing We present this report to you not as an “all or nothing” proposal, but rather as a list of options that the government has at its disposal to help address housing affordability for Ontarians and get more homes built. We propose an ambitious but achievable target: 1.5 million new homes built in the next ten years. Parents and grandparents are worried that their children will not be able to afford a home when they start working or decide to start a family. Too many Ontarians are unable to live in their preferred city or town because they cannot afford to buy or rent. The way housing is approved and built was designed for a different era when the province was less constrained by space and had fewer people. But it no longer meets the needs of Ontarians. The balance has swung too far in favour of lengthy consultations, bureaucratic red tape, and costly appeals. It is too easy to oppose new housing and too costly to build. We are in a housing crisis and that demands immediate and sweeping reforms. It has been an honour to serve as Chair, and I am proud to submit this report on behalf of the entire Task Force. Jake Lawrence Chair, Housing Affordability Task Force Chief Executive Officer and Group Head, Global Banking and Markets, Scotiabank Page 13 of 60 Page 524 of 751 Report of the Ontario Housing Affordability Task Force | 4 Executive summary and recommendations House prices in Ontario have almost tripled in the past 10 years, growing much faster than incomes. This has home ownership beyond the reach of most first-time buyers across the province, even those with well-paying jobs. Housing has become too expensive for rental units and it has become too expensive in rural communities and small towns. The system is not working as it should. For too long, we have focused on solutions to “cool” the housing market. It is now clear that we do not have enough homes to meet the needs of Ontarians today, and we are not building enough to meet the needs of our growing population. If this problem is not fixed – by creating more housing to meet the growing demand – housing prices will continue to rise. We need to build more housing in Ontario. This report sets out recommendations that would set a bold goal and clear direction for the province, increase density, remove exclusionary rules that prevent housing growth, prevent abuse of the appeals process, and make sure municipalities are treated as partners in this process by incentivizing success. Setting bold targets and making new housing the planning priority Recommendations 1 and 2 urge Ontario to set a bold goal of adding 1.5 million homes over the next 10 years and update planning guidance to make this a priority. The task force then recommends actions in five main areas to increase supply: Require greater density Land is not being used efficiently across Ontario. In too many neighbourhoods, municipal rules only allow single-family homes – not even a granny suite. Taxpayers have invested heavily in subway, light rail, bus and rail lines and highways, and the streets nearby are ideally suited for more mid- and high-rise housing. Underused or redundant commercial and industrial buildings are ripe to be redeveloped into housing or mixed commercial and residential use. New housing on undeveloped land should also be higher density than traditional suburbs, especially close to highways. Adding density in all these locations makes better use of infrastructure and helps to save land outside urban boundaries. Implementing these recommendations will provide Ontarians with many more options for housing. Recommendations 3 through 11 address how Ontario can quickly create more housing supply by allowing more housing in more locations “as of right” (without the need for municipal approval) and make better use of transportation investments. Reduce and streamline urban design rules Municipalities require numerous studies and set all kinds of rules for adding housing, many of which go well beyond the requirements of the provincial Planning Act. While some of this guidance has value for urban design, some rules appear to be arbitrary and not supported by evidence – for example, requiring condo buildings to include costly parking stalls even though many go unsold. These rules and requirements result in delays and extra costs that make housing either impossible to build or very expensive for the eventual home buyer or renter. Recommendation 12 would set uniform provincial standards for urban design, including building shadows and setbacks, do away with rules that prioritize preservation of neighbourhood physical character over new housing, no longer require municipal approval of design matters like a building’s colour, texture, type of material or window details, and remove or reduce parking requirements. Page 14 of 60 Page 525 of 751 Report of the Ontario Housing Affordability Task Force | 5 Depoliticize the process and cut red tape NIMBYism (not in my backyard) is a major obstacle to building housing. It drags out the approval process, pushes up costs, and keeps out new residents. Because local councillors depend on the votes of residents who want to keep the status quo, the planning process has become politicized. Municipalities allow far more public consultation than is required, often using formats that make it hard for working people and families with young children to take part. Too few technical decisions are delegated to municipal staff. Pressure to designate buildings with little or no heritage value as “heritage” if development is proposed and bulk listings of properties with “heritage potential” are also standing in the way of getting homes built. Dysfunction throughout the system, risk aversion and needless bureaucracy have resulted in a situation where Ontario lags the rest of Canada and the developed world in approval times. Ontarians have waited long enough. Recommendations 13 through 25 would require municipalities to limit consultations to the legislated maximum, ensure people can take part digitally, mandate the delegation of technical decisions, prevent abuse of the heritage process and see property owners compensated for financial loss resulting from designation, restore the right of developers to appeal Official Plans and Municipal Comprehensive Reviews, legislate timelines for approvals and enact several other common sense changes that would allow housing to be built more quickly and affordably. Fix the Ontario Land Tribunal Largely because of the politicization of the planning process, many proponents look to the Tribunal, a quasi-judicial body, to give the go-ahead to projects that should have been approved by the municipality. Even when there is municipal approval, however, opponents appeal to the Tribunal – paying only a $400 fee – knowing that this may well succeed in delaying a project to the point where it might no longer make economic sense. As a result, the Tribunal faces a backlog of more than 1,000 cases and is seriously under-resourced. Recommendations 26 through 31 seek to weed out or prevent appeals aimed purely at delaying projects, allow adjudicators to award costs to proponents in more cases, including instances where a municipality has refused an approval to avoid missing a legislated deadline, reduce the time to issue decisions, increase funding, and encourage the Tribunal to prioritize cases that would increase housing supply quickly as it tackles the backlog. Support municipalities that commit to transforming the system Fixing the housing crisis needs everyone working together. Delivering 1.5 million homes will require the provincial and federal governments to invest in change. Municipalities that make the difficult but necessary choices to grow housing supply should be rewarded, and those that resist new housing should see funding reductions. Recommendations 49 and 50 call for Ontario government to create a large “Ontario Housing Delivery Fund” and encourage the federal government to match funding, and suggest how the province should reward municipalities that support change and reduce funding for municipalities that do not. This executive summary focuses on the actions that will get the most housing units approved and built in the shortest time. Other recommendations in the report deal with issues that are important but may take more time to resolve or may not directly increase supply (recommendation numbers are indicated in brackets): improving tax and municipal financing (32-37, 39, 42-44); encouraging new pathways to home ownership (38, 40, 41); and addressing labour shortages in the construction industry (45-47 ). This is not the first attempt to “fix the housing system”. There have been efforts for years to tackle increasing housing prices and find solutions. This time must be different. Recommendations 50-55 set out ways of helping to ensure real and concrete progress on providing the homes Ontarians need. Page 15 of 60 Page 526 of 751 Report of the Ontario Housing Affordability Task Force | 6 Introduction Ontario is in a housing crisis. Prices are skyrocketing: the average price for a house across Ontario was $923,000 at the end of 2021.[1] Ten years ago, the average price was $329,000.[2] Over that period, average house prices have climbed 180% while average incomes have grown roughly 38%.[3] [4] Not long ago, hard-working Ontarians – teachers, construction workers, small business owners – could afford the home they wanted. In small towns, it was reasonable to expect that you could afford a home in the neighbourhood you grew up in. Today, home ownership or finding a quality rental is now out of reach for too many Ontarians. The system is not working as it should be. Housing has become too expensive for rental units and it has become too expensive in rural communities and small towns. While people who were able to buy a home a decade or more ago have built considerable personal equity, the benefits of having a home aren’t just financial. Having a place to call home connects people to their community, creates a gathering place for friends and family, and becomes a source of pride. Today, the reality for an ever-increasing number of Ontarians is quite different. Everyone in Ontario knows people who are living with the personal and financial stress of not being able to find housing they can afford. The young family who can’t buy a house within two hours of where they work. The tenant with a good job who worries about where she’ll find a new apartment she can afford if the owner decides to sell. The recent graduate who will have to stay at home for a few more years before he can afford to rent or buy. While the crisis is widespread, it weighs more heavily on some groups than on others. Young people starting a family who need a larger home find themselves priced out of the market. Black, Indigenous and marginalized people face even greater challenges. As Ontarians, we have only recently begun to understand and address the reality of decades of systemic racism that has resulted in lower household incomes, making the housing affordability gap wider than average. The high cost of housing has pushed minorities and lower income Ontarians further and further away from job markets. Black and Indigenous homeownership rates are less than half of the provincial average.[5] And homelessness rates among Indigenous Peoples are 11 times the national average. When housing prevents an individual from reaching their full potential, this represents a loss to every Ontarian: lost creativity, productivity, and revenue. Lost prosperity for individuals and for the entire Ontario economy. Average price for a house across Ontario 2021 $923,000 $329,000 2011 +180%+38 % Over 1 0 Years average house prices have climbed while average incomes have grown Page 16 of 60 Page 527 of 751 Report of the Ontario Housing Affordability Task Force | 7 As much as we read about housing affordability being a challenge in major cities around the world, the depth of the challenge has become greater in Ontario and Canada than almost anywhere in the developed world. How did we get here? Why do we have this problem? A major factor is that there just isn’t enough housing. A 2021 Scotiabank study showed that Canada has the fewest housing units per population of any G7 country – and, our per capita housing supply has dropped in the past five years.[6] An update to that study released in January 2022 found that two thirds of Canada’s housing shortage is in Ontario.[7] Today, Ontario is 1.2 million homes – rental or owned – short of the G7 average. With projected population growth, that huge gap is widening, and bridging it will take immediate, bold and purposeful effort. And to support population growth in the next decade, we will need one million more homes. While governments across Canada have taken steps to “cool down” the housing market or provide help to first-time buyers, these demand-side solutions only work if there is enough supply. Shortages of supply in any market have a direct impact on affordability. Scarcity breeds price increases. Simply put, if we want more Ontarians to have housing, we need to build more housing in Ontario. Ontario must build 1.5 million homes over the next 10 years to address the supply shortage The housing crisis impacts all Ontarians. The ripple effect of the crisis also holds back Ontario reaching its full potential. Economy Businesses of all sizes are facing problems finding and retaining workers. Even high-paying jobs in technology and manufacturing are hard to fill because there’s not enough housing nearby. This doesn’t just dampen the economic growth of cities, it makes them less vibrant, diverse, and creative, and strains their ability to provide essential services. Public services Hospitals, school boards and other public service providers across Ontario report challenges attracting and retaining staff because of housing costs. One town told us that it could no longer maintain a volunteer fire department, because volunteers couldn’t afford to live within 10 minutes drive of the firehall. Environment Long commutes contribute to air pollution and carbon emissions. An international survey of 74 cities in 16 countries found that Toronto, at 96 minutes both ways, had the longest commute times in North America and was essentially tied with Bogota, Colombia, for the longest commute time worldwide.[8] Increasing density in our cities and around major transit hubs helps reduce emissions to the benefit of everyone. Our mandate and approach Ontario’s Minister of Municipal Affairs and Housing tasked us with recommending ways to accelerate our progress in closing the housing supply gap to improve housing affordability. Time is of the essence. Building housing now is exactly what our post-pandemic economy needs. Housing construction creates good-paying jobs that cannot be outsourced to other countries. Moreover, the pandemic gave rise to unprecedented levels of available capital that can be invested in housing – if we can just put it to work. We represent a wide range of experience and perspectives that includes developing, financing and building homes, delivering affordable housing, and researching housing market trends, challenges and solutions. Our detailed biographies appear as Appendix A. Canada has the lowest amount of housing per population of any G7 country. We acknowledge that every house in Ontario is built on the traditional territory of Indigenous Peoples. 1.5MOntario must build homes over the next 10 years to address the supply shortage. Page 17 of 60 Page 528 of 751 Report of the Ontario Housing Affordability Task Force | 8 Our mandate was to focus on how to increase market housing supply and affordability. By market housing, we are referring to homes that can be purchased or rented without government support. Affordable housing (units provided at below-market rates with government support) was not part of our mandate. The Minister and his cabinet colleagues are working on that issue. Nonetheless, almost every stakeholder we spoke with had ideas that will help deliver market housing and also make it easier to deliver affordable housing. However, affordable housing is a societal responsibility and will require intentional investments and strategies to bridge the significant affordable housing gap in this province. We have included a number of recommendations aimed at affordable housing in the body of this report, but have also included further thoughts in Appendix B. We note that government-owned land was also outside our mandate. Many stakeholders, however, stressed the value of surplus or underused public land and land associated with major transit investments in finding housing solutions. We agree and have set out some thoughts on that issue in Appendix C. How we did our work Our Task Force was struck in December 2021 and mandated to deliver a final report to the Minister by the end of January 2022. We were able to work to that tight timeline because, in almost all cases, viewpoints and feasible solutions are well known. In addition, we benefited from insights gleaned from recent work to solve the problem in other jurisdictions. During our deliberations, we met with and talked to over 140 organizations and individuals, including industry associations representing builders and developers, planners, architects, realtors and others; labour unions; social justice advocates; elected officials at the municipal level; academics and research groups; and municipal planners. We also received written submissions from many of these participants. In addition, we drew on the myriad public reports and papers listed in the References. We thank everyone who took part in sessions that were uniformly helpful in giving us a deeper understanding of the housing crisis and the way out of it. We also thank the staff of the Ministry of Municipal Affairs and Housing who provided logistical and other support, including technical briefings and background. The way forward The single unifying theme across all participants over the course of the Task Force’s work has been the urgency to take decisive action. Today’s housing challenges are incredibly complex. Moreover, developing land, obtaining approvals, and building homes takes years. Some recommendations will produce immediate benefits, others will take years for the full impact. This is why there is no time to waste. We urge the Minister of Municipal Affairs and Housing and his cabinet colleagues to continue measures they have already taken to accelerate housing supply and to move quickly in turning the recommendations in this report into decisive new actions. The province must set an ambitious and bold goal to build 1.5 million homes over the next 10 years. If we build 1.5 million new homes over the next ten years, Ontario can fill the housing gap with more affordable choices, catch up to the rest of Canada and keep up with population growth. By working together, we can resolve Ontario’s housing crisis. In so doing, we can build a more prosperous future for everyone. The balance of this report lays out our recommendations. People in households that spend 30% or more of total household income on shelter expenses are defined as having a “housing affordability” problem. Shelter expenses include electricity, oil, gas, coal, wood or other fuels, water and other municipal services, monthly mortgage payments, property taxes, condominium fees, and rent. Page 18 of 60 Page 529 of 751 Report of the Ontario Housing Affordability Task Force | 9 Focus on getting more homes built Resolving a crisis requires intense focus and a clear goal. The province is responsible for the legislation and policy that establishes the planning, land use, and home building goals, which guide municipalities, land tribunals, and courts. Municipalities are then responsible for implementing provincial policy in a way that works for their communities. The province is uniquely positioned to lead by shining a spotlight on this issue, setting the tone, and creating a single, galvanizing goal around which federal support, provincial legislation, municipal policy, and the housing market can be aligned. In 2020, Ontario built about 75,000 housing units.[9] For this report, we define a housing unit (home) as a single dwelling (detached, semi-detached, or attached), apartment, suite, condominium or mobile home. Since 2018, housing completions have grown every year as a result of positive measures that the province and some municipalities have implemented to encourage more home building. But we are still 1.2 million homes short when compared to other G7 countries and our population is growing. The goal of 1.5 million homes feels daunting – but reflects both the need and what is possible. In fact, throughout the 1970s Ontario built more housing units each year than we do today.[10] The second recommendation is designed to address the growing complexity and volume of rules in the legislation, policy, plans and by-laws, and their competing priorities, by providing clear direction to provincial agencies, municipalities, tribunals, and courts on the overriding priorities for housing. 1. Set a goal of building 1.5 million new homes in ten years. 2. Amend the Planning Act, Provincial Policy Statement, and Growth Plans to set “growth in the full spectrum of housing supply” and “intensification within existing built-up areas” of municipalities as the most important residential housing priorities in the mandate and purpose. The “missing middle” is often cited as an important part of the housing solution. We define the missing middle as mid-rise condo or rental housing, smaller houses on subdivided lots or in laneways and other additional units in existing houses. Page 19 of 60 Page 530 of 751 Report of the Ontario Housing Affordability Task Force | 10 Making land available to build The Greater Toronto Area is bordered on one side by Lake Ontario and on the other by the protected Greenbelt. Similarly, the Ottawa River and another Greenbelt constrain land supply in Ottawa, the province’s second-largest city. But a shortage of land isn’t the cause of the problem. Land is available, both inside the existing built-up areas and on undeveloped land outside greenbelts. We need to make better use of land. Zoning defines what we can build and where we can build. If we want to make better use of land to create more housing, then we need to modernize our zoning rules. We heard from planners, municipal councillors, and developers that “as of right” zoning – the ability to by-pass long, drawn out consultations and zoning by-law amendments – is the most effective tool in the provincial toolkit. We agree. Stop using exclusionary zoning that restricts more housing Too much land inside cities is tied up by outdated rules. For example, it’s estimated that 70% of land zoned for housing in Toronto is restricted to single-detached or semi-detached homes.[11] This type of zoning prevents homeowners from adding additional suites to create housing for Ontarians and income for themselves. As one person said, “my neighbour can tear down what was there to build a monster home, but I’m not allowed to add a basement suite to my home.” While less analysis has been done in other Ontario communities, it’s estimated that about half of all residential land in Ottawa is zoned for single-detached housing, meaning nothing else may be built on a lot without public consultation and an amendment to the zoning by-law. In some suburbs around Toronto, single unit zoning dominates residential land use, even close to GO Transit stations and major highways. One result is that more growth is pushing past urban boundaries and turning farmland into housing. Undeveloped land inside and outside existing municipal boundaries must be part of the solution, particularly in northern and rural communities, but isn’t nearly enough on its own. Most of the solution must come from densification. Greenbelts and other environmentally sensitive areas must be protected, and farms provide food and food security. Relying too heavily on undeveloped land would whittle away too much of the already small share of land devoted to agriculture. Modernizing zoning would also open the door to more rental housing, which in turn would make communities more inclusive. Allowing more gentle density also makes better use of roads, water and wastewater systems, transit and other public services that are already in place and have capacity, instead of having to be built in new areas. The Ontario government took a positive step by allowing secondary suites (e.g., basement apartments) across the province in 2019. However, too many municipalities still place too many restrictions on implementation. For the last three years, the total number of secondary suites in Toronto has actually declined each year, as few units get permitted and owners convert two units into one.[12] These are the types of renovations and home construction performed by small businesses and local trades, providing them with a boost. 70 %It’s estimated that of land zoned for housing in Toronto is restricted to single-detached or semi-detached homes. Page 20 of 60 Page 531 of 751 Report of the Ontario Housing Affordability Task Force | 11 Underused and vacant commercial and industrial properties are another potential source of land for housing. It was suggested to us that one area ripe for redevelopment into a mix of commercial and residential uses is the strip mall, a leftover from the 1950s that runs along major suburban streets in most large Ontario cities. “As of right” zoning allows more kinds of housing that are accessible to more kinds of people. It makes neighbourhoods stronger, richer, and fairer. And it will get more housing built in existing neighbourhoods more quickly than any other measure. 3. Limit exclusionary zoning in municipalities through binding provincial action: a) Allow “as of right” residential housing up to four units and up to four storeys on a single residential lot. b) Modernize the Building Code and other policies to remove any barriers to affordable construction and to ensure meaningful implementation (e.g., allow single-staircase construction for up to four storeys, allow single egress, etc.). 4. Permit “as of right” conversion of underutilized or redundant commercial properties to residential or mixed residential and commercial use. 5. Permit “as of right” secondary suites, garden suites, and laneway houses province-wide. 6. Permit “as of right” multi-tenant housing (renting rooms within a dwelling) province-wide. 7. Encourage and incentivize municipalities to increase density in areas with excess school capacity to benefit families with children. Align investments in roads and transit with growth Governments have invested billions of dollars in highways, light rail, buses, subways and trains in Ontario. But without ensuring more people can live close to those transit routes, we’re not getting the best return on those infrastructure investments. Access to transit is linked to making housing more affordable: when reliable transit options are nearby, people can get to work more easily. They can live further from the centre of the city in less expensive areas without the added cost of car ownership. The impacts of expanding public transit go far beyond serving riders. These investments also spur economic growth and reduce traffic congestion and emissions. We all pay for the cost of transit spending, and we should all share in the benefits. If municipalities achieve the right development near transit – a mix of housing at high- and medium-density, office space and retail – this would open the door to better ways of funding the costs. Other cities, like London, UK and Hong Kong, have captured the impacts of increased land value and business activity along new transit routes to help with their financing. Ontario recently created requirements (residents/hectare) for municipalities to zone for higher density in transit corridors and “major transit station areas”.[13a] [13b] These are areas surrounding subway and other rapid transit stations and hubs. However, we heard troubling reports that local opposition is blocking access to these neighbourhoods and to critical public transit stations. City staff, councillors, and the province need to stand up to these tactics and speak up for the Ontarians who need housing. The Province is also building new highways in the Greater Golden Horseshoe, and it’s important to plan thoughtfully for the communities that will follow from these investments, to make sure they are compact and liveable. Page 21 of 60 Page 532 of 751 Report of the Ontario Housing Affordability Task Force | 12 8. Allow “as of right” zoning up to unlimited height and unlimited density in the immediate proximity of individual major transit stations within two years if municipal zoning remains insufficient to meet provincial density targets. 9. Allow “as of right” zoning of six to 11 storeys with no minimum parking requirements on any streets utilized by public transit (including streets on bus and streetcar routes). 10. Designate or rezone as mixed commercial and residential use all land along transit corridors and redesignate all Residential Apartment to mixed commercial and residential zoning in Toronto. 11. Support responsible housing growth on undeveloped land, including outside existing municipal boundaries, by building necessary infrastructure to support higher density housing and complete communities and applying the recommendations of this report to all undeveloped land. Start saying “yes in my backyard” Even where higher density is allowed in theory, the official plans of most cities in Ontario contain conflicting goals like maintaining “prevailing neighbourhood character”. This bias is reinforced by detailed guidance that often follows from the official plan. Although requirements are presented as “guidelines”, they are often treated as rules. Examples include: • Angular plane rules that require successively higher floors to be stepped further back, cutting the number of units that can be built by up to half and making many projects uneconomic • Detailed rules around the shadows a building casts • Guidelines around finishes, colours and other design details One resident’s desire to prevent a shadow being cast in their backyard or a local park frequently prevails over concrete proposals to build more housing for multiple families. By-laws and guidelines that preserve “neighbourhood character” often prevent simple renovations to add new suites to existing homes. The people who suffer are mostly young, visible minorities, and marginalized people. It is the perfect example of a policy that appears neutral on its surface but is discriminatory in its application.[14] Far too much time and money are spent reviewing and holding consultations for large projects which conform with the official plan or zoning by-law and small projects which would cause minimal disruption. The cost of needless delays is passed on to new home buyers and tenants. Minimum parking requirements for each new unit are another example of outdated municipal requirements that increase the cost of housing and are increasingly less relevant with public transit and ride share services. Minimum parking requirements add as much as $165,000 to the cost of a new housing unit, even as demand for parking spaces is falling: data from the Residential Construction Council of Ontario shows that in new condo projects, one in three parking stalls goes unsold. We applaud the recent vote by Toronto City Council to scrap most minimum parking requirements. We believe other cities should follow suit. While true heritage sites are important, heritage preservation has also become a tool to block more housing. For example, some municipalities add thousands of properties at a time to a heritage register because they have “potential” heritage value. Even where a building isn’t heritage designated or registered, neighbours increasingly demand it be as soon as a development is proposed. This brings us to the role of the “not in my backyard” or NIMBY sentiment in delaying or stopping more homes from being built. New housing is often the last priority A proposed building with market and affordable housing units would have increased the midday shadow by 6.5% on a nearby park at the fall and spring equinox, with no impact during the summer months. To conform to a policy that does not permit “new net shadow on specific parks”, seven floors of housing, including 26 affordable housing units, were sacrificed. Multiple dry cleaners along a transit route were designated as heritage sites to prevent new housing being built. It is hard not to feel outrage when our laws are being used to prevent families from moving into neighbourhoods and into homes they can afford along transit routes. Page 22 of 60 Page 533 of 751 Report of the Ontario Housing Affordability Task Force | 13 NIMBY versus YIMBY NIMBYism (not in my backyard) is a large and constant obstacle to providing housing everywhere. Neighbourhood pushback drags out the approval process, pushes up costs and discourages investment in housing. It also keeps out new residents. While building housing is very costly, opposing new housing costs almost nothing. Unfortunately, there is a strong incentive for individual municipal councillors to fall in behind community opposition – it’s existing residents who elect them, not future ones. The outcry of even a handful of constituents (helped by the rise of social media) has been enough, in far too many cases, to persuade their local councillor to vote against development even while admitting its merits in private. There is a sense among some that it’s better to let the Ontario Land Tribunal approve the development on appeal, even if it causes long delays and large cost increases, then to take the political heat. Mayors and councillors across the province are fed up and many have called for limits on public consultations and more “as of right” zoning. In fact, some have created a new term for NIMBYism: BANANAs – Build Absolutely Nothing Anywhere Near Anything, causing one mayor to comment “NIMBYism has gone BANANAs”. We agree. In a growing, thriving society, that approach is not just bad policy, it is exclusionary and wrong. As a result, technical planning decisions have become politicized. One major city has delegated many decisions to senior staff, but an individual councillor can withdraw the delegation when there is local opposition and force a vote at Council. We heard that this situation is common across the province, creating an electoral incentive for a councillor to delay or stop a housing proposal, or forcing a councillor to pay the electoral cost of supporting it. Approvals of individual housing applications should be the role of professional staff, free from political interference. The pressure to stop any development is now so intense that it has given rise to a counter-movement – YIMBYism, or “yes in my backyard,” led by millennials who recognize entrenched opposition to change as a huge obstacle to finding a home. They provide a voice at public consultations for young people, new immigrants and refugees, minority groups, and Ontarians struggling to access housing by connecting our ideals to the reality of housing. People who welcome immigrants to Canada should welcome them to the neighbourhood, fighting climate change means supporting higher-density housing, and “keeping the neighbourhood the way it is” means keeping it off-limits. While anti-housing voices can be loud, a member of More Neighbours Toronto, a YIMBY group that regularly attends public consultations, has said that the most vocal opponents usually don’t represent the majority in a neighbourhood. Survey data from the Ontario Real Estate Association backs that up, with almost 80% of Ontarians saying they are in favour of zoning in urban areas that would encourage more homes. Ontarians want a solution to the housing crisis. We cannot allow opposition and politicization of individual housing projects to prevent us from meeting the needs of all Ontarians. 12. Create a more permissive land use, planning, and approvals system: a) Repeal or override municipal policies, zoning, or plans that prioritize the preservation of physical character of neighbourhood b) Exempt from site plan approval and public consultation all projects of 10 units or less that conform to the Official Plan and require only minor variances c) Establish province-wide zoning standards, or prohibitions, for minimum lot sizes, maximum building setbacks, minimum heights, angular planes, shadow rules, front doors, building depth, landscaping, floor space index, and heritage view cones, and planes; restore pre-2006 site plan exclusions (colour, texture, and type of materials, window details, etc.) to the Planning Act and reduce or eliminate minimum parking requirements; and d) Remove any floorplate restrictions to allow larger, more efficient high-density towers. 13. Limit municipalities from requesting or hosting additional public meetings beyond those that are required under the Planning Act. 14. Require that public consultations provide digital participation options. 15. Require mandatory delegation of site plan approvals and minor variances to staff or pre-approved qualified third-party technical consultants through a simplified review and approval process, without the ability to withdraw Council’s delegation. Page 23 of 60 Page 534 of 751 Report of the Ontario Housing Affordability Task Force | 14 16. Prevent abuse of the heritage preservation and designation process by: a) Prohibiting the use of bulk listing on municipal heritage registers b) Prohibiting reactive heritage designations after a Planning Act development application has been filed 17. Requiring municipalities to compensate property owners for loss of property value as a result of heritage designations, based on the principle of best economic use of land. 18. Restore the right of developers to appeal Official Plans and Municipal Comprehensive Reviews. We have heard mixed feedback on Committees of Adjustment. While they are seen to be working well in some cities, in others they are seen to simply add another lengthy step in the process. We would urge the government to first implement our recommendation to delegate minor variances and site plan approvals to municipal staff and then assess whether Committees of Adjustment are necessary and an improvement over staff-level decision making. Page 24 of 60 Page 535 of 751 Report of the Ontario Housing Affordability Task Force | 15 Cut the red tape so we can build faster and reduce costs One of the strongest signs that our approval process is not working: of 35 OECD countries, only the Slovak Republic takes longer than Canada to approve a building project. The UK and the US approve projects three times faster without sacrificing quality or safety. And they save home buyers and tenants money as a result, making housing more affordable.[15] A 2020 survey of development approval times in 23 Canadian cities shows Ontario seriously lagging: Hamilton (15th), Toronto (17th), Ottawa (21st) with approval times averaging between 20-24 months. These timelines do not include building permits, which take about two years for an apartment building in Toronto. Nor did they count the time it takes for undeveloped land to be designated for housing, which the study notes can take five to ten years.[16] Despite the good intentions of many people involved in the approvals and home-building process, decades of dysfunction in the system and needless bureaucracy have made it too difficult for housing approvals to keep up with the needs of Ontarians. There appear to be numerous reasons why Ontario performs so poorly against other Canadian cities and the rest of the developed world. We believe that the major problems can be summed up as: • Too much complexity in the planning process, with the page count in legislation, regulation, policies, plans, and by-laws growing every year • Too many studies, guidelines, meetings and other requirements of the type we outlined in the previous section, including many that go well beyond the scope of Ontario’s Planning Act • Reviews within municipalities and with outside agencies that are piecemeal, duplicative (although often with conflicting outcomes) and poorly coordinated • Process flaws that include reliance on paper • Some provincial policies that are more relevant to urban development but result in burdensome, irrelevant requirements when applied in some rural and northern communities. All of this has contributed to widespread failure on the part of municipalities to meet required timelines. The provincial Planning Act sets out deadlines of 90 days for decisions on zoning by-law amendments, 120 days for plans of subdivision, and 30 days for site plan approval, but municipalities routinely miss these without penalty. For other processes, like site plan approval or provincial approvals, there are no timelines and delays drag on. The cost of delay falls on the ultimate homeowner or tenant. The consequences for homeowners and renters are enormous. Ultimately, whatever cost a builder pays gets passed on to the buyer or renter. As one person said: “Process is the biggest project killer in Toronto because developers have to carry timeline risk.” Site plan control was often brought up as a frustration. Under the Planning Act, this is meant to be a technical review of the external features of a building. In practice, municipalities often expand on what is required and take too long to respond. 8,200 Then & Now Total words in: 1996 Provincial Policy Statement 17,000 2020 17,000 1970 Planning Act 96,000 2020 Page 25 of 60 Page 536 of 751 Report of the Ontario Housing Affordability Task Force | 16 An Ontario Association of Architects study calculating the cost of delays between site plan application and approval concluded that for a 100-unit condominium apartment building, each additional month of delay costs the applicant an estimated $193,000, or $1,930 a month for each unit.[17] A 2020 study done for the Building Industry and Land Development Association (BILD) looked at impacts of delay on low-rise construction, including single-detached homes. It estimated that every month an approval is delayed adds, on average, $1.46 per square foot to the cost of a single home. A two-year delay, which is not unusual for this housing type, adds more than $70,000 to the cost of a 2,000-square-foot house in the GTA.[16] Getting rid of so much unnecessary and unproductive additional work would significantly reduce the burden on staff.[16b] It would help address the widespread shortages of planners and building officials. It would also bring a stronger sense among municipal staff that they are part of the housing solution and can take pride in helping cut approval times and lower the costs of delivering homes. Adopt common sense approaches that save construction costs Wood using “mass timber” – an engineer compressed wood, made for strength and weight-bearing – can provide a lower-cost alternative to reinforced concrete in many mid-rise projects, but Ontario’s Building Code is hampering its use. Building taller with wood offers advantages beyond cost: • Wood is a renewable resource that naturally sequesters carbon, helping us reach our climate change goals • Using wood supports Ontario’s forestry sector and creates jobs, including for Indigenous people British Columbia’s and Quebec’s building codes allow woodframe construction up to 12 storeys, but Ontario limits it to six. By amending the Building Code to allow 12-storey woodframe construction, Ontario would encourage increased use of forestry products and reduce building costs. Finally, we were told that a shift in how builders are required to guarantee their performance would free up billions of dollars to build more housing. Pay on demand surety bonds are a much less onerous option than letters or credit, and are already accepted in Hamilton, Pickering, Innisfil, Whitchurch-Stouffville and other Ontario municipalities. We outline the technical details in Appendix D. 19. Legislate timelines at each stage of the provincial and municipal review process, including site plan, minor variance, and provincial reviews, and deem an application approved if the legislated response time is exceeded. 20. Fund the creation of “approvals facilitators” with the authority to quickly resolve conflicts among municipal and/or provincial authorities and ensure timelines are met. 21. Require a pre-consultation with all relevant parties at which the municipality sets out a binding list that defines what constitutes a complete application; confirms the number of consultations established in the previous recommendations; and clarifies that if a member of a regulated profession such as a professional engineer has stamped an application, the municipality has no liability and no additional stamp is needed. 22. Simplify planning legislation and policy documents. 23. Create a common, province-wide definition of plan of subdivision and standard set of conditions which clarify which may be included; require the use of standard province-wide legal agreements and, where feasible, plans of subdivision. 24. Allow wood construction of up to 12 storeys. 25. Require municipalities to provide the option of pay on demand surety bonds and letters of credit. Then: In 1966, a draft plan of subdivision in a town in southwestern Ontario to provide 529 low-rise and mid-rise housing units, a school site, a shopping centre and parks was approved by way of a two-page letter setting out 10 conditions. It took seven months to clear conditions for final approval. And now: In 2013, a builder started the approval process to build on a piece of serviced residential land in a seasonal resort town. Over the next seven years, 18 professional consultant reports were required, culminating in draft plan approval containing 50 clearance conditions. The second approval, issued by the Local Planning Appeals Board in 2020, ran to 23 pages. The developer estimates it will be almost 10 years before final approval is received. Page 26 of 60 Page 537 of 751 Report of the Ontario Housing Affordability Task Force | 17 Prevent abuse of the appeal process Part of the challenge with housing approvals is that, by the time a project has been appealed to the Ontario Land Tribunal (the Tribunal), it has usually already faced delay and compromises have been made to reduce the size and scope of the proposal. When an approved project is appealed, the appellant – which could just be a single individual – may pay $400 and tie up new housing for years. The most recent published report showed 1,300 unresolved cases.[18] While under-resourcing does contribute to delays, this caseload also reflects the low barrier to launching an appeal and the minimal risks if an appeal is unsuccessful: • After a builder has spent time and money to ensure a proposal conforms with a municipality’s requirements, the municipal council can still reject it – even if its own planning staff has given its support. Very often this is to appease local opponents. • Unlike a court, costs are not automatically awarded to the successful party at the Tribunal. The winning side must bring a motion and prove that the party bringing the appeal was unreasonable, clearly trying to delay the project, and/or being vexatious or frivolous. Because the bar is set so high, the winning side seldom asks for costs in residential cases. This has resulted in abuse of the Tribunal to delay new housing. Throughout our consultations, we heard from municipalities, not-for-profits, and developers that affordable housing was a particular target for appeals which, even if unsuccessful, can make projects too costly to build. Clearly the Tribunal needs more resources to clear its backlog. But the bigger issue is the need for so many appeals: we believe it would better to have well-defined goals and rules for municipalities and builders to avoid this costly and time-consuming quasi-judicial process. Those who bring appeals aimed at stopping development that meets established criteria should pay the legal costs of the successful party and face the risk of a larger project being approved. The solution is not more appeals, it’s fixing the system. We have proposed a series of reforms that would ensure only meritorious appeals proceeded, that every participant faces some risk and cost of losing, and that abuse of the Tribunal will be penalized. We believe that if Ontario accepts our recommendations, the Tribunal will not face the same volume of appeals. But getting to that point will take time, and the Tribunal needs more resources and better tools now. Recommendation 1 will provide legislative direction to adjudicators that they must prioritize housing growth and intensification over competing priorities contained in provincial and municipal policies. We further recommend the following: 26. Require appellants to promptly seek permission (“leave to appeal”) of the Tribunal and demonstrate that an appeal has merit, relying on evidence and expert reports, before it is accepted. 27. Prevent abuse of process: a) Remove right of appeal for projects with at least 30% affordable housing in which units are guaranteed affordable for at least 40 years. b) Require a $10,000 filing fee for third-party appeals. c) Provide discretion to adjudicators to award full costs to the successful party in any appeal brought by a third party or by a municipality where its council has overridden a recommended staff approval. 28. Encourage greater use of oral decisions issued the day of the hearing, with written reasons to follow, and allow those decisions to become binding the day that they are issued. 29. Where it is found that a municipality has refused an application simply to avoid a deemed approval for lack of decision, allow the Tribunal to award punitive damages. 30. Provide funding to increase staffing (adjudicators and case managers), provide market-competitive salaries, outsource more matters to mediators, and set shorter time targets. 31. In clearing the existing backlog, encourage the Tribunal to prioritize projects close to the finish line that will support housing growth and intensification, as well as regional water or utility infrastructure decisions that will unlock significant housing capacity. Page 27 of 60 Page 538 of 751 Report of the Ontario Housing Affordability Task Force | 18 Reduce the costs to build, buy and rent The price you pay to buy or rent a home is driven directly by how much it costs to build a home. In Ontario, costs to build homes have dramatically increased at an unprecedented pace over the past decade. In most of our cities and towns, materials and labour only account for about half of the costs. The rest comes from land, which we have addressed in the previous section, and government fees. A careful balance is required on government fees because, as much as we would like to see them lowered, governments need revenues from fees and taxes to build critically needed infrastructure and pay for all the other services that make Ontario work. So, it is a question of balance and of ensuring that our approach to government fees encourages rather than discourages developers to build the full range of housing we need in our Ontario communities. Align government fees and charges with the goal of building more housing Improve the municipal funding model Housing requires more than just the land it is built on. It requires roads, sewers, parks, utilities and other infrastructure. The provincial government provides municipalities with a way to secure funding for this infrastructure through development charges, community benefit charges and parkland dedication (providing 5% of land for public parks or the cash equivalent). These charges are founded on the belief that growth – not current taxpayers – should pay for growth. As a concept, it is compelling. In practice, it means that new home buyers pay the entire cost of sewers, parks, affordable housing, or colleges that will be around for generations and may not be located in their neighbourhood. And, although building affordable housing is a societal responsibility, because affordable units pay all the same charges as a market unit, the cost is passed to new home buyers in the same building or the not-for-profit organization supporting the project. We do not believe that government fees should create a disincentive to affordable housing. If you ask any developer of homes – whether they are for-profit or non-profit – they will tell you that development charges are a special pain point. In Ontario, they can be as much as $135,000 per home. In some municipalities, development charges have increased as much as 900% in less than 20 years.[20] As development charges go up, the prices of homes go up. And development charges on a modest semi-detached home are the same as on a luxury 6,000 square foot home, resulting in a disincentive to build housing that is more affordable. Timing is also a challenge as development charges have to be paid up front, before a shovel even goes into the ground. To help relieve the pressure, the Ontario government passed recent legislation allowing builders to determine development charges earlier in the building process. But they must pay interest on the assessed development charge to the municipality until a building permit is issued, and there is no cap on the rate, which in one major city is 13% annually. Cash payments to satisfy parkland dedication also significantly boost the costs of higher-density projects, adding on average $17,000 to the cost of a high-rise condo across the GTA.[21] We heard concerns not just about the amount of cash collected, but also about the money not being spent in the neighbourhood or possibly not being spent on parks at all. As an example, in 2019 the City of Toronto held $644 million in parkland cash-in-lieu payments.[22] Everyone can agree that we need to invest in parks as our communities grow, but if the funds are not being spent, perhaps it means that more money is being collected for parklands than is needed and we could lower the cost of housing if we adjusted these parkland fees. A 2019 study carried out for BILD showed that in the Greater Toronto Area, development charges for low-rise housing are on average more than three times higher per unit than in six comparable US metropolitan areas, and roughly 1.75-times higher than in the other Canadian cities. For high-rise developments the average per unit charges in the GTA are roughly 50% higher than in the US areas, and roughly 30% higher than in the other Canadian urban areas.[19] Page 28 of 60 Page 539 of 751 Report of the Ontario Housing Affordability Task Force | 19 Modernizing HST Thresholds Harmonized sales tax (HST) applies to all new housing – including purpose-built rental. Today, the federal component is 5% and provincial component is 8%. The federal and provincial government provide a partial HST rebate. Two decades ago, the maximum home price eligible for a rebate was set at $450,000 federally and $400,000 provincially, resulting in a maximum rebate of $6,300 federally and $24,000 provincially, less than half of today’s average home price. Buyers of new homes above this ceiling face a significant clawback. Indexing the rebate would immediately reduce the cost of building new homes, savings that can be passed on to Ontarians. When both levels of government agree that we are facing a housing crisis, they should not be adding over 10% to the cost of almost all new homes. 32. Waive development charges and parkland cash-in-lieu and charge only modest connection fees for all infill residential projects up to 10 units or for any development where no new material infrastructure will be required. 33. Waive development charges on all forms of affordable housing guaranteed to be affordable for 40 years. 34. Prohibit interest rates on development charges higher than a municipality’s borrowing rate. 35. Regarding cash in lieu of parkland, s.37, Community Benefit Charges, and development charges: a) Provincial review of reserve levels, collections and drawdowns annually to ensure funds are being used in a timely fashion and for the intended purpose, and, where review points to a significant concern, do not allow further collection until the situation has been corrected. b) Except where allocated towards municipality-wide infrastructure projects, require municipalities to spend funds in the neighbourhoods where they were collected. However, where there’s a significant community need in a priority area of the City, allow for specific ward-to-ward allocation of unspent and unallocated reserves. 36. Recommend that the federal government and provincial governments update HST rebate to reflect current home prices and begin indexing the thresholds to housing prices, and that the federal government match the provincial 75% rebate and remove any clawback. Make it easier to build rental In cities and towns across Ontario, it is increasingly hard to find a vacant rental unit, let alone a vacant rental unit at an affordable price. Today, 66% of all purpose-built rental units in the City of Toronto were built between 1960 and 1979. Less than 15% of Toronto’s purpose-built rentals were constructed over the ensuing 40 years in spite of the significant population growth during that time. In fact, between 2006 and 2016, growth in condo apartments increased by 186% while purpose-built rental only grew by 0.6%.[12] In 2018, the Ontario government introduced positive changes that have created growth in purpose-built rental units – with last year seeing 18,000 units under construction and 93,000 proposed against a 5-year average prior to 2020 of 3,400 annually.[23] Long-term renters often now feel trapped in apartments that don’t make sense for them as their needs change. And because they can’t or don’t want to move up the housing ladder, many of the people coming up behind them who would gladly take those apartments are instead living in crowded spaces with family members or roommates. Others feel forced to commit to rental units at prices way beyond what they can afford. Others are trying their luck in getting on the wait list for an affordable unit or housing co-op – wait lists that are years long. Others are leaving Ontario altogether. Government charges on a new single-detached home averaged roughly $186,300, or almost 22% of the price, across six municipalities in southcentral Ontario. For a new condominium apartment, the average was almost $123,000, or roughly 24% of a unit’s price. of all purpose-built rental units in the City of Toronto were built between 1960 and 1979. 66% Page 29 of 60 Page 540 of 751 Report of the Ontario Housing Affordability Task Force | 20 A pattern in every community, and particularly large cities, is that the apartments and rented rooms that we do have are disappearing. Apartment buildings are being converted to condos or upgraded to much more expensive rental units. Duplexes get purchased and turned into larger single-family homes. A major challenge in bridging the gap of rental supply is that, more often than not, purpose-built rental projects don’t make economic sense for builders and investors. Ironically, there is no shortage of Canadian investor capital seeking housing investments, particularly large pension funds – but the economics of investing in purpose-built rental in Ontario just don’t make sense. So, investments get made in apartment projects in other provinces or countries, or in condo projects that have a better and safer return-on-investment. What can governments do to get that investor capital pointed in the right direction so we can create jobs and get more of the housing we need built? Some of our earlier recommendations will help, particularly indexing the HST rebate. So will actions by government to require purpose-built rental on surplus government land that is made available for sale. (Appendix C) Municipal property taxes on purpose-built rental can be as much as 2.5 times greater than property taxes for condominium or other ownership housing.[24] The Task Force recommends: 37. Align property taxes for purpose-built rental with those of condos and low-rise homes. Make homeownership possible for hardworking Ontarians who want it Home ownership has always been part of the Canadian dream. You don’t have to look far back to find a time when the housing landscape was very different. The norm was for young people to rent an apartment in their twenties, work hard and save for a down payment, then buy their first home in their late twenties or early thirties. It was the same for many new Canadians: arrive, rent, work hard and buy. The house might be modest, but it brought a sense of ownership, stability and security. And after that first step onto the ownership ladder, there was always the possibility of selling and moving up. Home ownership felt like a real possibility for anyone who wanted it. That’s not how it works now. Too many young people who would like their own place are living with one or both parents well into adulthood. The escalation of housing prices over the last decade has put the dream of homeownership out of reach of a growing number of aspiring first-time home buyers. While 73% of Canadians are homeowners, that drops to 48% for Black people, 47% for LGBTQ people[5] (StatsCan is studying rates for other populations, including Indigenous People who are severely underhoused). This is also an issue for younger adults: a 2021 study showed only 24% of Torontonians aged 30 to 39 are homeowners.[25] In Canada, responsibility for Indigenous housing programs has historically been a shared between the federal and provincial governments. The federal government works closely with its provincial and territorial counterparts to improve access to housing for Indigenous peoples both on and off reserve. More than 85% of Indigenous people live in urban and rural areas, are 11 times more likely to experience homelessness and have incidence of housing need that is 52% greater than all Canadians. The Murdered and Missing Indigenous Women and Girls report mentions housing 299 times – the lack of which being a significant, contributing cause to violence and the provision of which as a significant, contributing solution. The Province of Ontario has made significant investments in Urban Indigenous Housing, but we need the Federal Government to re-engage as an active partner. While measures to address supply will have an impact on housing prices, many aspiring homeowners will continue to face a gap that is simply too great to bridge through traditional methods. The Task Force recognizes the need for caution about measures that would spur demand for housing before the supply bottleneck is fixed. At the same time, a growing number of organizations – both non-profit and for-profit are proposing a range of unique home equity models. Some of these organizations are aiming at households who have sufficient income to pay the mortgage but lack a sufficient down payment. Others are aiming at households who fall short in both income and down payment requirements for current market housing. Page 30 of 60 Page 541 of 751 Report of the Ontario Housing Affordability Task Force | 21 The Task Force heard about a range of models to help aspiring first-time home buyers, including: • Shared equity models with a government, non-profit or for-profit lender holding a second “shared equity mortgage” payable at time of sale of the home • Land lease models that allow residents to own their home but lease the land, reducing costs • Rent-to-own approaches in which a portion of an occupant’s rent is used to build equity, which can be used as a down payment on their current unit or another market unit in the future • Models where the equity gain is shared between the homeowner and the non-profit provider, such that the non-profit will always be able to buy the home back and sell it to another qualified buyer, thus retaining the home’s affordability from one homeowner to the next. Proponents of these models identified barriers that thwart progress in implementing new solutions. • The Planning Act limits land leases to a maximum of 21 years. This provision prevents home buyers from accessing the same type of mortgages from a bank or credit union that are available to them when they buy through traditional homeownership. • The Perpetuities Act has a similar 21-year limit on any options placed on land. This limits innovative non-profit models from using equity formulas for re-sale and repurchase of homes. • Land Transfer Tax (LTT) is charged each time a home is sold and is collected by the province; and in Toronto, this tax is also collected by the City. This creates a double-tax in rent-to-own/equity building models where LTT ends up being paid first by the home equity organization and then by the occupant when they are able to buy the unit. • HST is charged based on the market value of the home. In shared equity models where the homeowner neither owns nor gains from the shared equity portion of their home, HST on the shared equity portion of the home simply reduces affordability. • Residential mortgages are highly regulated by the federal government and reflective of traditional homeownership. Modifications in regulations may be required to adapt to new co-ownership and other models. The Task Force encourages the Ontario government to devote further attention to avenues to support new homeownership options. As a starting point, the Task Force offers the following recommendations: 38. Amend the Planning Act and Perpetuities Act to extend the maximum period for land leases and restrictive covenants on land to 40 or more years. 39. Eliminate or reduce tax disincentives to housing growth. 40. Call on the Federal Government to implement an Urban, Rural and Northern Indigenous Housing Strategy. 41. Funding for pilot projects that create innovative pathways to homeownership, for Black, Indigenous, and marginalized people and first-generation homeowners. 42. Provide provincial and federal loan guarantees for purpose-built rental, affordable rental and affordable ownership projects. Page 31 of 60 Page 542 of 751 Report of the Ontario Housing Affordability Task Force | 22 Support and incentivize scaling up housing supply Our goal of building 1.5 million homes in ten years means doubling how many homes Ontario creates each year. As much as the Task Force’s recommendations will remove barriers to realizing this ambitious goal, we also need to ensure we have the capacity across Ontario’s communities to deliver this new housing supply. This includes capacity of our housing infrastructure, capacity within our municipal planning teams, and boots on the ground with the skills to build new homes. There is much to be done and the price of failure for the people of Ontario is high. This is why the provincial government must make an unwavering commitment to keeping the spotlight on housing supply. This is also why the province must be dogged in its determination to galvanize and align efforts and incentives across all levels of government so that working together, we all can get the job done. Our final set of recommendations turns to these issues of capacity to deliver, and the role the provincial government can play in putting the incentives and alignment in place to achieve the 1.5 million home goal. Invest in municipal infrastructure Housing can’t get built without water, sewage, and other infrastructure When the Task Force met with municipal leaders, they emphasized how much future housing supply relies on having the water, storm water and wastewater systems, roads, sidewalks, fire stations, and all the other parts of community infrastructure to support new homes and new residents. Infrastructure is essential where housing is being built for the first time. And, it can be a factor in intensification when added density exceeds the capacity of existing infrastructure, one of the reasons we urge new infrastructure in new developments to be designed for future capacity. In Ontario, there are multiple municipalities where the number one barrier to approving new housing projects is a lack of infrastructure to support them. Municipalities face a myriad of challenges in getting this infrastructure in place. Often, infrastructure investments are required long before new projects are approved and funding must be secured. Notwithstanding the burden development charges place on the price of new housing, most municipalities report that development charges are still not enough to fully cover the costs of building new infrastructure and retrofitting existing infrastructure in neighbourhoods that are intensifying. Often infrastructure crosses municipal boundaries creating complicated and time-consuming “who pays?” questions. Municipal leaders also shared their frustrations with situations where new housing projects are approved and water, sewage and other infrastructure capacity is allocated to the project – only to have the developer land bank the project and put off building. Environmental considerations with new infrastructure add further cost and complexity. The Task Force recommends: 43. Enable municipalities, subject to adverse external economic events, to withdraw infrastructure allocations from any permitted projects where construction has not been initiated within three years of build permits being issued. 44. Work with municipalities to develop and implement a municipal services corporation utility model for water and wastewater under which the municipal corporation would borrow and amortize costs among customers instead of using development charges. Page 32 of 60 Page 543 of 751 Report of the Ontario Housing Affordability Task Force | 23 Create the Labour Force to meet the housing supply need The labour force is shrinking in many segments of the market You can’t start to build housing without infrastructure. You can’t build it without people – skilled trades people in every community who can build the homes we need. The concern that we are already facing a shortage in skilled trades came through loud and clear in our consultations. We heard from many sources that our education system funnels young people to university rather than colleges or apprenticeships and creates the perception that careers in the skilled trades are of less value. Unions and builders are working to fill the pipeline domestically and recruit internationally, but mass retirements are making it challenging to maintain the workforce at its current level, let alone increase it. Increased economic immigration could ease this bottleneck, but it appears difficult for a skilled labourer with no Canadian work experience to qualify under Ontario’s rules. Moreover, Canada’s immigration policies also favour university education over skills our economy and society desperately need. We ought to be welcoming immigrants with the skills needed to build roads and houses that will accommodate our growing population. The shortage may be less acute, however, among smaller developers and contractors that could renovate and build new “missing middle” homes arising from the changes in neighbourhood zoning described earlier. These smaller companies tap into a different workforce from the one needed to build high rises and new subdivisions. Nonetheless, 1.5 million more homes will require a major investment in attracting and developing the skilled trades workforce to deliver this critically needed housing supply. We recommend: 45. Improve funding for colleges, trade schools, and apprenticeships; encourage and incentivize municipalities, unions and employers to provide more on-the-job training. 46. Undertake multi-stakeholder education program to promote skilled trades. 47. Recommend that the federal and provincial government prioritize skilled trades and adjust the immigration points system to strongly favour needed trades and expedite immigration status for these workers, and encourage the federal government to increase from 9,000 to 20,000 the number of immigrants admitted through Ontario’s program. Create a large Ontario Housing Delivery Fund to align efforts and incent new housing supply Build alignment between governments to enable builders to deliver more homes than ever before All levels of government play a role in housing. The federal government sets immigration policy, which has a major impact on population growth and many tax policies. The province sets the framework for planning, approvals, and growth that municipalities rely upon, and is responsible for many other areas that touch on housing supply, like investing in highways and transit, training workers, the building code and protecting the environment. Municipalities are on the front lines, expected to translate the impacts of federal immigration policy, provincial guidance and other factors, some very localized, into official plans and the overall process through which homes are approved to be built. The efficiency with which home builders can build, whether for-profit or non-profit, is influenced by policies and decisions at every level of government. In turn, how many home developers can deliver, and at what cost, translates directly into the availability of homes that Ontarians can afford. Page 33 of 60 Page 544 of 751 Report of the Ontario Housing Affordability Task Force | 24 Collectively, governments have not been sufficiently aligned in their efforts to provide the frameworks and incentives that meet the broad spectrum of housing needs in Ontario. Much action, though, has been taken in recent years. • The Ontario government has taken several steps to make it easier to build additional suites in your own home: reduced disincentives to building rental housing, improved the appeal process, focused on density around transit stations, made upfront development charges more predictable, and provided options for municipalities to create community benefits through development. • The federal government has launched the National Housing Strategy and committed over $70 billion in funding.[26] Most recently, it has announced a $4 billion Housing Accelerator Fund aimed at helping municipalities remove barriers to building housing more quickly.[27] • Municipalities have been looking at ways to change outdated processes, rules, and ways of thinking that create delays and increases costs of delivering homes. Several municipalities have taken initial steps towards eliminating exclusionary zoning and addressing other barriers described in this report. All governments agree that we are facing a housing crisis. Now we must turn the sense of urgency into action and alignment across governments. Mirror policy changes with financial incentives aligned across governments The policy recommendations in this report will go a long way to align efforts and position builders to deliver more homes. Having the capacity in our communities to build these homes will take more than policy. It will take money. Rewarding municipalities that meet housing growth and approval timelines will help them to invest in system upgrades, hire additional staff, and invest in their communities. Similarly, municipalities that resist new housing, succumb to NIMBY pressure, and close off their neighbourhoods should see funding reductions. Fixing the housing crisis is a societal responsibility, and our limited tax dollars should be directed to those municipalities making the difficult but necessary choices to grow housing supply. In late January 2022, the provincial government announced $45 million for a new Streamline Development Approval Fund to “unlock housing supply by cutting red tape and improving processes for residential and industrial developments”.[28] This is encouraging. More is needed. Ontario should also receive its fair share of federal funding but today faces a shortfall of almost $500 million,[29] despite two thirds of the Canadian housing shortage being in Ontario. We call on the federal government to address this funding gap. 48. The Ontario government should establish a large “Ontario Housing Delivery Fund” and encourage the federal government to match funding. This fund should reward: a) Annual housing growth that meets or exceeds provincial targets b) Reductions in total approval times for new housing c) The speedy removal of exclusionary zoning practices 49. Reductions in funding to municipalities that fail to meet provincial housing growth and approval timeline targets. We believe that the province should consider partial grants to subsidize municipalities that waive development charges for affordable housing and for purpose-built rental. Sustain focus, measure, monitor, improve Digitize and modernize the approvals and planning process Some large municipalities have moved to electronic tracking of development applications and/or electronic building permits (“e-permits”) and report promising results, but there is no consistency and many smaller places don’t have the capacity to make the change. Municipalities, the provincial government and agencies use different systems to collect data and information relevant to housing approvals, which slows down processes and leaves much of the “big picture” blank. This could be addressed by ensuring uniform data architecture standards. Improve the quality of our housing data to inform decision making Having accurate data is key to understanding any challenge and making the best decisions in response. The Task Force heard from multiple housing experts that we are not always using the best data, and we do not always have the data we need. Page 34 of 60 Page 545 of 751 Report of the Ontario Housing Affordability Task Force | 25 Having good population forecasts is essential in each municipality as they develop plans to meet future land and housing needs. Yet, we heard many concerns about inconsistent approaches to population forecasts. In the Greater Golden Horseshoe, the forecast provided to municipalities by the province is updated only when the Growth Plan is updated, generally every seven years; but federal immigration policy, which is a key driver of growth, changes much more frequently. The provincial Ministry of Finance produces a population forecast on a more regular basis than the Growth Plan, but these are not used consistently across municipalities or even by other provincial ministries. Population forecasts get translated into housing need in different ways across the province, and there is a lack of data about how (or whether) the need will be met. Others pointed to the inconsistent availability of land inventories. Another challenge is the lack of information on how much land is permitted and how much housing is actually getting built once permitted, and how fast. The Task Force also heard that, although the Provincial Policy Statement requires municipalities to maintain a three-year supply of short-term (build-ready) land and report it each year to the province, many municipalities are not meeting that requirement.[30] At a provincial and municipal level, we need better data on the housing we have today, housing needed to close the gap, consistent projections of what we need in the future, and data on how we are doing at keeping up. Improved data will help anticipate local and provincial supply bottlenecks and constraints, making it easier to determine the appropriate level and degree of response. It will also be important to have better data to assess how much new housing stock is becoming available to groups that have been disproportionately excluded from home ownership and rental housing. Put eyes on the crisis and change the conversation around housing Ours is not the first attempt to “fix the housing system”. There have been efforts for years to tackle increasing housing prices and find solutions so everyone in Ontario can find and afford the housing they need. This time must be different. The recommendations in this report must receive sustained attention, results must be monitored, significant financial investment by all levels of government must be made. And, the people of Ontario must embrace a housing landscape in which the housing needs of tomorrow’s citizens and those who have been left behind are given equal weight to the housing advantages of those who are already well established in homes that they own. 50. Fund the adoption of consistent municipal e-permitting systems and encourage the federal government to match funding. Fund the development of common data architecture standards across municipalities and provincial agencies and require municipalities to provide their zoning bylaws with open data standards. Set an implementation goal of 2025 and make funding conditional on established targets. 51. Require municipalities and the provincial government to use the Ministry of Finance population projections as the basis for housing need analysis and related land use requirements. 52. Resume reporting on housing data and require consistent municipal reporting, enforcing compliance as a requirement for accessing programs under the Ontario Housing Delivery Fund. 53. Report each year at the municipal and provincial level on any gap between demand and supply by housing type and location, and make underlying data freely available to the public. 54. Empower the Deputy Minister of Municipal Affairs and Housing to lead an all-of-government committee, including key provincial ministries and agencies, that meets weekly to ensure our remaining recommendations and any other productive ideas are implemented. 55. Commit to evaluate these recommendations for the next three years with public reporting on progress. Page 35 of 60 Page 546 of 751 Report of the Ontario Housing Affordability Task Force | 26 Conclusion We have set a bold goal for Ontario: building 1.5 million homes in the next 10 years. We believe this can be done. What struck us was that everyone we talked to – builders, housing advocates, elected officials, planners – understands the need to act now. As one long-time industry participant said, “for the first time in memory, everyone is aligned, and we need to take advantage of that.” Such unity of purpose is rare, but powerful. To leverage that power, we offer solutions that are bold but workable, backed by evidence, and that position Ontario for the future. Our recommendations focus on ramping up the supply of housing. Measures are already in place to try to cool demand, but they will not fill Ontario’s housing need. More supply is key. Building more homes will reduce the competition for our scarce supply of homes and will give Ontarians more housing choices. It will improve housing affordability across the board. Everyone wants more Ontarians to have housing. So let’s get to work to build more housing in Ontario. Page 36 of 60 Page 547 of 751 Report of the Ontario Housing Affordability Task Force | 27 APPENDIX A:Biographies of Task Force Members Lalit Aggarwal is President of Manor Park Holdings, a real estate development and operating company active in Eastern Ontario. Previously, Lalit was an investor for institutional fund management firms, such as H.I.G. European Capital Partners, Soros Fund Management, and Goldman Sachs. He is a past fellow of the C.D. Howe Institute and a former Director of both Bridgepoint Health and the Centre for the Commercialization of Regenerative Medicine. Lalit holds degrees from the University of Oxford and the University of Pennsylvania. He is also a current Director of the Hospital for Sick Children Foundation, the Sterling Hall School and the Chair of the Alcohol & Gaming Commission of Ontario. David Amborski is a professional Urban Planner, Professor at Ryerson University’s School of Urban and Regional Planning and the founding Director of the Centre for Urban Research and Land Development (CUR). His research and consulting work explore topics where urban planning interfaces with economics, including land and housing markets. He is an academic advisor to the National Executive Forum on Public Property, and he is a member of Lambda Alpha (Honorary Land Economics Society). He has undertaken consulting for the Federal, Provincial and a range of municipal governments. Internationally, he has undertaken work for the Canadian International Development Agency (CIDA), the World Bank, the Inter-American Development Bank, the Lincoln Institute of Land Policy, and several other organizations in Eastern Europe, Latin America, South Africa, and Asia. He also serves on the editorial boards of several international academic journals. Andrew Garrett is a real estate executive responsible for growing IMCO’s $11+ Billion Global Real Estate portfolio to secure public pensions and insurance for Ontario families. IMCO is the only Ontario fund manager purpose built to onboard public clients such as pensions, insurance, municipal reserve funds, and endowments. Andrew has significant non-profit sector experience founding a B Corp certified social enterprise called WeBuild to help incubate social purpose real estate projects. He currently volunteers on non-profit boards supporting social purpose real estate projects, youth programs and the visual arts at Art Gallery of Ontario. Andrew sits on board advisory committees for private equity firms and holds a Global Executive MBA from Kellogg School Management and a Real Estate Development Certification from MIT Centre for Real Estate. Tim Hudak is the CEO of the Ontario Real Estate Association (OREA). With a passion and voice for championing the dream of home ownership, Tim came to OREA following a distinguished 21-year career in politics, including five years as Leader of the Progressive Conservative Party of Ontario. In his role, Tim has focused on transforming OREA into Ontario’s most cutting-edge professional association at the forefront of advocacy on behalf of REALTORS® and consumers, and providing world-class conferences, standard forms, leadership training and professional guidance to its Members. As part of his work at OREA, Tim was named one of the most powerful people in North American residential real estate by Swanepoel Power 200 for the last five years. Tim is married to Deb Hutton, and together they have two daughters, Miller and Maitland. In his spare time, Tim enjoys trails less taken on his mountain bike or hiking shoes as well as grilling outdoors. Jake Lawrence was appointed Chief Executive Officer and Group Head, Global Banking and Markets in January 2021. In this role, Jake is responsible for the Bank’s Global Banking and Markets business line and strategy across its global footprint. Jake joined Scotiabank in 2002 and has held progressively senior roles in Finance, Group Treasury and Global Banking and Markets. From December 2018 to January 2021, Jake was Co-Group Head of Global Banking and Markets with specific responsibility for its Capital Markets businesses, focused on building alignment across product groups and priority markets to best serve our clients throughout our global footprint. Previously, Jake was Executive Vice President and Head of Global Banking and Markets in the U.S., providing overall strategic direction and execution of Scotiabank’s U.S. businesses. Prior to moving into GBM, Jake served as Senior Vice President and Deputy Treasurer, responsible for Scotiabank’s wholesale funding activities and liquidity management as well as Senior Vice President, Investor Relations. Page 37 of 60 Page 548 of 751 Report of the Ontario Housing Affordability Task Force | 28 Julie Di Lorenzo (GPLLM, University of Toronto 2020), is self-employed since 1982, operates one of the largest female-run Real Estate Development Companies in North America. She was instrumental in the Daniel Burnham award-winning Ontario Growth Management Plan (2004) as President of BILD. Julie served as the first female-owner President of GTHBA (BILD) and on the boards of the Ontario Science Centre, Harbourfront Toronto, Tarion (ONHWP), St. Michael’s Hospital, NEXT36, Waterfront Toronto, Chair of IREC Committee WT, Havergal College (Co-Chair of Facilities), York School (interim Vice-Chair), and Canadian Civil Liberties Association Board. Julie has served various governments in advisory capacity on Women’s issues, Economic Development, Innovation and Entrepreneurship. Awards include Lifetime Achievement BILD 2017, ICCO Business Excellence 2005 & ICCO Businesswoman of the Year 2021. Justin Marchand (CIHCM, CPA, CMA, BComm) is Métis and was appointed Chief Executive Officer of Ontario Aboriginal Housing Services (OAHS) in 2018. Justin has over 20 years of progressive experience in a broad range of sectors, including two publicly listed corporations, a large accounting and consulting firm, and a major crown corporation, and holds numerous designations across financial, operations, and housing disciplines. He was most recently selected as Chair of the Canadian Housing and Renewal Association’s (CHRA’s) Indigenous Caucus Working Group and is also board member for CHRA. Justin is also an active board member for both the Coalition of Hamilton Indigenous Leadership (CHIL) as well as Shingwauk Kinoomaage Gamig, located in Bawaating. Justin believes that Housing is a fundamental human right and that when Indigenous people have access to safe, affordable, and culture-based Housing this provides the opportunity to improve other areas of their lives. Ene Underwood is CEO of Habitat for Humanity Greater Toronto Area), a non-profit housing developer that helps working, lower income families build strength, stability and self-reliance through affordable homeownership. Homes are delivered through a combination of volunteer builds, contractor builds, and partnerships with non-profit and for-profit developers. Ene’s career began in the private sector as a strategy consultant with McKinsey & Company before transitioning to not-for-profit sector leadership. Ene holds a Bachelor of Arts (Honours) from the University of Waterloo and a Master of Business Administration from Ivey Business School. Dave Wilkes is the President and CEO of the Building Industry and Land Development Association of the GTA (BILD). The Association has 1,300 members and proudly represents builders, developers, professional renovators and those who support the industry. Dave is committed to supporting volunteer boards and organizations. He has previously served on the George Brown College Board of Directors, Ontario Curling Association, and is currently engaged with Black North Initiative (Housing Committee) and R-Labs I+T Council. Dave received his Bachelor of Arts (Applied Geography) from Ryerson. Page 38 of 60 Page 549 of 751 Report of the Ontario Housing Affordability Task Force | 29 APPENDIX B:Affordable Housing Ontario’s affordable housing shortfall was raised in almost every conversation. With rapidly rising prices, more lower-priced market rental units are being converted into housing far out of reach of lower-income households. In parallel, higher costs to deliver housing and limited government funding have resulted in a net decrease in the number of affordable housing units run by non-profits. The result is untenable: more people need affordable housing after being displaced from the market at the very time that affordable supply is shrinking. Throughout our consultations, we were reminded of the housing inequities experienced by Black, Indigenous and marginalized people. We also received submissions describing the unique challenges faced by off-reserve Indigenous Peoples both in the province’s urban centres and in the north. While many of the changes that will help deliver market housing will also help make it easier to deliver affordable housing, affordable housing is a societal responsibility. We cannot rely exclusively on for-profit developers nor on increases in the supply of market housing to fully solve the problem. The non-profit housing sector faces all the same barriers, fees, risks and complexities outlined in this report as for-profit builders. Several participants from the non-profit sector referred to current or future partnerships with for-profit developers that tap into the development and construction expertise and efficiencies of the private sector. Successful examples of leveraging such partnerships were cited with Indigenous housing, supportive housing, and affordable homeownership. We were also reminded by program participants that, while partnerships with for-profit developers can be very impactful, non-profit providers have unique competencies in the actual delivery of affordable housing. This includes confirming eligibility of affordable housing applicants, supporting independence of occupants of affordable housing, and ensuring affordable housing units remain affordable from one occupant to the next. One avenue for delivering more affordable housing that has received much recent attention is inclusionary zoning. In simple terms, inclusionary zoning (IZ) requires developers to deliver a share of affordable units in new housing developments in prescribed areas. The previous Ontario government passed legislation in April 2018 providing a framework within which municipalities could enact Inclusionary Zoning bylaws. Ontario’s first inclusionary zoning policy was introduced in fall 2021 by the City of Toronto and applies to major transit station areas. Internationally, inclusionary zoning has been used successfully to incentivize developers to create new affordable housing by providing density bonuses (more units than they would normally be allowed, if some are affordable) or reductions in government fees. Unfortunately, the City’s approach did not include any incentives or bonuses. Instead, Toronto requires market-rate fees and charges for below-market affordable units. This absence of incentives together with lack of clarity on the overall density that will be approved for projects has led developers and some housing advocates to claim that these projects may be uneconomic and thus will not get financed or built. Municipalities shared with us their concerns regarding the restriction in the provincial IZ legislation that prohibits “cash in lieu” payments. Municipalities advised that having the option of accepting the equivalent value of IZ units in cash from the developer would enable even greater impact in some circumstances (for example, a luxury building in an expensive neighbourhood, where the cost of living is too high for a low-income resident). Funding for affordable housing is the responsibility of all levels of government. The federal government has committed to large funding transfers to the provinces to support affordable housing. The Task Force heard, however, that Ontario’s share of this funding does not reflect our proportionate affordable housing needs. This, in turn, creates further financial pressure on both the province and municipalities, which further exacerbates the affordable housing shortages in Ontario’s communities. Page 39 of 60 Page 550 of 751 Report of the Ontario Housing Affordability Task Force | 30 Finally, many participants in Task Force consultations pointed to surplus government lands as an avenue for building more affordable housing and this is discussed in Appendix C. We have made recommendations throughout the report intended to have a positive impact on new affordable housing supply. We offer these additional recommendations specific to affordable housing: • Call upon the federal government to provide equitable affordable housing funding to Ontario. • Develop and legislate a clear, province-wide definition of “affordable housing” to create certainty and predictability. • Create an Affordable Housing Trust from a portion of Land Transfer Tax Revenue (i.e., the windfall resulting from property price appreciation) to be used in partnership with developers, non-profits, and municipalities in the creation of more affordable housing units. This Trust should create incentives for projects serving and brought forward by Black- and Indigenous-led developers and marginalized groups. • Amend legislation to: • Allow cash-in-lieu payments for Inclusive Zoning units at the discretion of the municipality. • Require that municipalities utilize density bonusing or other incentives in all Inclusionary Zoning and Affordable Housing policies that apply to market housing. • Permit municipalities that have not passed Inclusionary Zoning policies to offer incentives and bonuses for affordable housing units. • Encourage government to closely monitor the effectiveness of Inclusionary Zoning policy in creating new affordable housing and to explore alternative funding methods that are predictable, consistent and transparent as a more viable alternative option to Inclusionary Zoning policies in the provision of affordable housing. • Rebate MPAC market rate property tax assessment on below-market affordable homes. Page 40 of 60 Page 551 of 751 Report of the Ontario Housing Affordability Task Force | 31 APPENDIX C:Government Surplus Land Surplus government lands fell outside the mandate of the Task Force. However, this question came up repeatedly as a solution to housing supply. While we take no view on the disposition of specific parcels of land, several stakeholders raised issues that we believe merit consideration: • Review surplus lands and accelerate the sale and development through RFP of surplus government land and surrounding land by provincially pre-zoning for density, affordable housing, and mixed or residential use. • All future government land sales, whether commercial or residential, should have an affordable housing component of at least 20%. • Purposefully upzone underdeveloped or underutilized Crown property (e.g., LCBO). • Sell Crown land and reoccupy as a tenant in a higher density building or relocate services outside of major population centres where land is considerably less expensive. • The policy priority of adding to the housing supply, including affordable units, should be reflected in the way surplus land is offered for sale, allowing bidders to structure their proposals accordingly. Page 41 of 60 Page 552 of 751 Report of the Ontario Housing Affordability Task Force | 32 APPENDIX D:Surety Bonds Moving to surety bonds would free up billions of dollars for building When a development proposal goes ahead, the developer typically needs to make site improvements, such as installing common services. The development agreement details how the developer must perform to the municipality’s satisfaction. Up until the 1980s, it was common practice for Ontario municipalities to accept bonds as financial security for subdivision agreements and site plans. Today, however, they almost exclusively require letters of credit from a chartered bank. The problem with letters of credit is that developers are often required to collateralize the letter of credit dollar-for-dollar against the value of the municipal works they are performing. Often this means developers can only afford to finance one or two housing projects at a time, constraining housing supply. The Ontario Home Builders’ Association estimates that across Ontario, billions of dollars are tied up in collateral or borrowing capacity that could be used to advance more projects. Modern “pay on demand surety bonds” are proven to provide the same benefits and security as a letter of credit, while not tying up private capital the way letters of credit do. Moving to this option would give municipalities across Ontario access to all the features of a letter of credit with the added benefit of professional underwriting, carried out by licensed bonding companies, ensuring that the developer is qualified to fulfill its obligations under the municipal agreement. Most important from a municipal perspective, the financial obligation is secured. If a problem arises, the secure bond is fully payable by the bond company on demand. Surety companies, similar to banks, are regulated by Ontario’s Office of the Superintendent of Financial Institutions to ensure they have sufficient funds in place to pay out bond claims. More widespread use of this instrument could unlock billions of dollars of private sector financial liquidity that could be used to build new infrastructure and housing projects, provide for more units in each development and accelerate the delivery of housing of all types. Page 42 of 60 Page 553 of 751 Report of the Ontario Housing Affordability Task Force | 33 References 1. Ontario Housing Market Report https://wowa.ca/ontario-housing-market 2. Global Property Guide https://www.globalpropertyguide.com/North-America/Canada/ Price-History-Archive/canadian-housing-market-strong-127030 3. National Household Survey Factsheet https://www.fin.gov.on.ca/en/economy/demographics/census/ nhshi11-6.html#:~:text=Median%20After%2Dtax%20Income%20 of,and%20British%20Columbia%20at%20%2467%2C900 4. CMHC https://www03.cmhc-schl.gc.ca/hmip-pimh/en/TableMapChart/ 5. The Globe And Mail https://www.theglobeandmail.com/business/article-black-canadians- have-some-of-the-lowest-home-ownership-rates-in-canada/ 6. Scotiabank https://www.scotiabank.com/ca/en/about/economics/ economics-publications/post.other-publications.housing. housing-note.housing-note--may-12-2021-.html 7. Scotiabank https://www.scotiabank.com/ca/en/about/economics/ economics-publications/post.other-publications.housing. housing-note.housing-note--january-12-2022-.html 8. Expert Market https://www.expertmarket.co.uk/vehicle-tracking/ best-and-worst-cities-for-commuting 9. Statista https://www.statista.com/statistics/198063/total-number-of- housing-starts-in-ontario-since-1995/ 10. Poltext https://www.poltext.org/sites/poltext.org/files/discoursV2/DB/ Ontario/ON_DB_1975_29_5.pdf 11. Toronto City Planning https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/ backgroundfile-173165.pdf 12. Federation of Rental-housing Providers of Ontario (FRPO) https://www.frpo.org/wp-content/uploads/2020/09/ Urbanation-FRPO-Ontario-Rental-Market-Report-Summer-2020.pdf 13a. Centre for Urban Research and Land Development at Ryerson University (CUR) https://www.ryerson.ca/content/dam/centre-urban-research-land- development/pdfs/CUR_Pre-Zoning_Corridor_Lands_to_a_ Higher_Density.pdf 13b. Ministry of Municipal Affairs and Housing https://www.ontario.ca/document/growth-plan-greater-golden- horseshoe/where-and-how-grow 14. More Neighbours Toronto https://www.moreneighbours.ca/ 15. The World Bank https://www.doingbusiness.org/en/data/exploretopics/ dealing-with-construction-permits 16. The Building Industry and Land Development Association (BILD) https://bildgta.ca/Assets/BILD%20Municipal%20Benchmarking%20 Study%20-%20FINAL%20-%20Sept%202020%20BILD.pdf 16b. Centre for Urban Research and Land Development at Ryerson University (CUR) https://www.ryerson.ca/content/dam/centre-urban-research-land- development/CUR_Accelerating_Housing_Supply_and_ Affordability_by_Improving_the_Land-use_Planning_System_ Nov_2021.pdf 17. Ontario Association of Architects https://oaa.on.ca/OAA/Assets/Documents/Gov.%20Initiatives/ p5727_-_site_plan_delay_study_-_oaa_site_plan_delay_study_ update_-_july_....pdf 18. Tribunals Ontario 2019-20 Annual Report https://olt.gov.on.ca/wp-content/uploads/2021/01/Tribunals_ Ontario_2019-2020_Annual_Report_EN_v2.html 19. The Building Industry and Land Development Association (BILD) https://bildgta.ca/Assets/Bild/FINAL%20-%20BILD%20-%20 Comparison%20of%20Government%20Charges%20in%20 Canada%20and%20US%20-%20Sept%2013%202019.pdf 20. The Building Industry and Land Development Association (BILD) https://bildgta.ca/Assets/FINAL%20GTA%20-%20 Development%20Charges%20-%2009%202020.pdf 21. Toronto Star https://www.thestar.com/life/homes/2018/09/01/ where-did-the-money-go-parkland-dedication-fees-should-be- used-to-build-parks-in-gta.html 22. The Building Industry and Land Development Association (BILD) https://bildgta.ca/Assets/misc/BILD%20-%20New%20 Homeowner%20Money%20Report%20-%20Oct%205%20 2021%20(002)_Redacted.pdf 23. Urbanation Inc. https://www.urbanation.ca/news/336-gta-rental-construction- surged-2021-vacancy-fell 24. Federation of Rental-housing Providers of Ontario (FRPO) https://www.frpo.org/lobby-view/cities-still-ripping-off-renters 25. Edison Financial https://edisonfinancial.ca/millennial-home-ownership-canada/ 26. Government of Canada National Housing Strategy https://www.placetocallhome.ca/what-is-the-strategy 27. CMHC https://www.cmhc-schl.gc.ca/en/media-newsroom/ news-releases/2021/housing-accelerator-fund-rent-to-own-program 28. Toronto Star https://www.thestar.com/news/gta/2022/01/19/ ford-government-announces-45-million-to-cut-red-tape-and- speed-up-applications-for-new-home-construction.html 29. Canadian Real Estate Wealth https://www.canadianrealestatemagazine.ca/news/ federal-funds-must-flow-for-housing-programs-334810.aspx 30. Centre for Urban Research and Land Development at Ryerson University (CUR) https://www.ryerson.ca/content/dam/centre-urban-research-land- development/pdfs/CUR_Submission_Proposed_Land_Needs_ Assessment_Methodology_A_Place_to_Grow_July_2020.pdf Page 43 of 60 Page 554 of 751 APPENDIX 2 1. Focus On Getting More Homes Built- Recommendations 1-2 Task Force Recommendations Impacts/Benefits-City of Niagara Falls Made In Niagara Suggestions 1.Set a goal of building 1.5 million new homes in ten years. Increased development and increase in population. Benefits- Increased tax dollars, utilization of existing infrastructure more to share the infrastructure cost burdens, more commercial developments, more housing. Impacts- Increase demand for more services, additional traffic, increased concerns from residents about compatibility, Growth should be based on Region of Niagara’s growth allocations by municipality and each municipality should be required to plan where their growth should go. 2.Amend Planning documents to set full spectrum housing growth and intensification within existing built-up areas as the most important residential housing priorities in the mandate and purpose. Impact on existing residents who generally like to see like development with like development. Benefits better communities and efficient utilization of existing services. And will benefit currently underutilized, underdeveloped areas. Supported by staff 2. Making Land Available to Build- Recommendations 3-18 Task Force Recommendations Impacts/Benefits-City of Niagara Falls Made In Niagara Suggestions Page 44 of 60Page 555 of 751 3. Limit exclusionary zoning in municipalities through binding provincial action: a. Allow “as of right” residential housing up to four units and up to four storeys on a single residential lot. b. Modernize the Building Code and other policies to remove any barriers to affordable construction and to ensure meaningful implementation This will change existing neighbourhoods significantly. Impacts to existing services and the impacts to the local road network. The City’s infrastructure may not be able to handle the increased density, creating a need for unplanned upgrades to systems. b) No impacts Allow intensification of up to 4 units without increasing height to 4 storeys in low density areas – provide for increased units within existing height regime (with some flexibility) to reflect neighbourhood character suitable for the municipality. This will allow more gradual intensification such as permitting 4-6 storeys as you get to the collector and minor arterial road system and then to the 6-11 storeys or more on major arterials which can then be planned to support more intense transit ridership Niagara. 4. Permit “as of right” conversion of underutilized or redundant commercial properties to residential or mixed residential and commercial use. This would permit underutilized commercial properties to redevelop to a more sustainable use. For example, some commercial areas along Lundy’s lane where an abundance of commercial lands would benefit from an influx of residential units. The City of Niagara Falls currently has policies within its Tourist Commercial designation to permit residential use to assist in the creation of complete communities. Benefits –intensify area that are used to larger volumes of traffic. Suggest that the government permit as of right conversions to residential provided that a certain percentage of commercial lands is available for future economic growth in each community/node or alternatively they only permit the conversion to mixed use to ensure that commercial services are still available for these new residents. This will ensure the developments that are created help to build a complete community. The province would also need to define how it will be determined that commercial land is redundant or underutilized. Page 45 of 60Page 556 of 751 Impacts-Compatibility would need to be determined based on the past use of the site. This recommendation is supported by staff with the above noted suggestions or considerations. 5.Permit “as of right” secondary suites, garden suites, and laneway houses province-wide This would allow gentle intensification in low density neighbourhoods. This is the type of intensification that should occur in areas outside collector or arterial roadways. Currently the City does allow accessory dwelling units but one of the dwellings on the property must be owner occupied. This is supported by staff and provides appropriate low intensification options in low density neighbourhoods. 6.Permit “as of right” multi-tenant housing (renting rooms within a dwelling) province-wide. This would intensify existing neighbourhoods but would not significantly change the outward appearance. Some impacts that could result would be increased on street parking. This is not in line with the City’s historical position on boarding houses that these are not permitted as of right in residential areas. In Niagara, this does occur in university and college Towns and number of negative impacts such as garbage, noise, parking etc. has occurred. This should be permitted as of right only in owner occupied dwellings to assist in mitigating impacts. In Niagara Falls ‘motels’ provide temporary housing for those without housing, and creates absentee landlord issues with lack of heat, infestation and other issues that don’t meet Fire or Building Codes. 7.Encourage and incentivize municipalities to increase density in areas with excess school capacity to benefit families with children In Niagara Falls school’s generally operate over capacity. There are five schools that are underutilized- less than 65%, 3 in the public school board and 2 in the catholic school board. These schools are: Victoria, Simcoe Street and John Marshall and St.Patrick and St.Mary. Schools could be considered as opportunities for mixed use or affordable housing above to facilitate additional enrollment. The majority of these school sites would be on collector and arterial roadways and an Page 46 of 60Page 557 of 751 increase in density in these areas could be supported. The Province should consider giving municipalities surplus school sites to accommodate affordable/attainable housing projects rather than requiring municipalities to pay for them. 8.Allow “as of right” zoning up to unlimited height and unlimited density in the immediate proximity of individual major transit stations within two years if municipal zoning remains insufficient to meet provincial density targets. The City has identified provincial density targets (150 residents and job per ha.) in the Go Transit downtown area. Staff is supportive of this recommendation as it support transit ridership for major transit station areas and is good planning. 9.Allow “as of right” zoning of six to 11 storeys with no minimum parking requirements on any streets utilized by public transit. This will significantly impact low density areas as our bus routes go through a number of low-level low-density neighbourhoods This should not be permitted as of right along public transit routes in Niagara. This level of intensification is best suited for collector, arterial roads and lots closer to public amenities and transit. These roads have the ability to adequately service the additional density as they can handle additional traffic loads and larger services pipes to accommodate the demand. Intensification corridors should be planned over the next two years to achieve the needed density. These should be identified by each of the 12 municipalities over the Page 47 of 60Page 558 of 751 next two years as part of Official Plan updates. A made in Niagara solution needs to be considered for this approach to work as the transit services and other necessary commercial services are not yet adequate to provide no parking with these densities. 10.Designate or rezone as mixed commercial and residential use all land along transit corridors. The City does permit in TC, GC mixed use development or residential developments. All transit corridors will permit these types of development in low density areas. This will impact areas with limited transit and with limited amenities. Mixed use/residential is best suited along identified municipal corridors. 11.Support responsible housing growth on undeveloped land, including outside existing municipal boundaries, by building necessary infrastructure to support higher density housing and complete communities . This contributes to urban sprawl and leads to unplanned growth. The City would have difficultly planning for servicing for the long term if development is permitted everywhere. The current approach to identify additional lands to accommodate the allocated growth is adequate and does not lead to unbridled growth anywhere outside the urban area. Any urban boundary expansions should be tied to requirements for complete communities and specific increased densities. What is considered reasonable and how is reconciled with intensification and utilization of existing infrastructure and the protection of agricultural land. Page 48 of 60Page 559 of 751 12.Create a more permissive land use, planning, and approvals system: a. Repeal or override municipal policies, zoning, or plans that prioritize the preservation of physical character of neighbourhood b. Exempt from site plan approval and public consultation all projects of 10 units or less that conform to the Official Plan and require only minor variances c. Establish province-wide zoning standards, or prohibitions, for minimum lot sizes, maximum building setbacks, minimum heights, angular planes, shadow rules, front doors, building depth, landscaping, floor space index, and heritage view cones, and planes; restore pre-2006 site plan exclusions (colour, texture, and type of materials, window details, etc.) to the Planning Act and reduce or eliminate minimum parking requirements; and d. Remove any floorplate restrictions to allow larger, more efficient high-density towers Density can be accomplished without impact to existing character. Site Plan controls things such as garbage locations, lighting, turning radi etc. This is fundamental to planning efficient spaces. This will impact the City and could result in places that create light overspill, lack of landscaping or garbage. Poor urban design creates spaces where people do not want to live. Site Plan also can be used to require landscaping that can be advantageous in addressing climate change issues. The City’s future OP policies should promote multiple residential forms in all residential areas with consideration given to massing, shadowing, etc. This is supported as it provides additional density but mitigates impact. b. A minor site plan approval process should be established to check plans for basic things such as garbage pick up, turning radi, etc. This will expedite the process but not create poor developments. c and d. Province should not remove policies relating to good urban design as this will create block buildings and will diminish a sense of place and pride. Province should put in consistent and standardized design standards if this is a major issue to obtaining affordable housing or faster housing. 13.Limit municipalities from requesting or hosting additional public meetings beyond those that are required under the Planning Act. This approach will limit the ability to solve and find solutions to development issues raised. The province should consider one open house for each type of planning application to allow the residents face time with developers to raise concerns. Page 49 of 60Page 560 of 751 14.Require that public consultations provide digital participation options. Due to the pandemic this is currently standard practice at the City. Consultants prefer the digital open houses & the ability to attend open houses/public meetings remotely. There are more people from the public that attend these meeting as they are more accessible. There is no impact to the City. Support recommendations. 15.Require mandatory delegation of site plan approvals and minor variances to staff or pre-approved qualified third-party technical consultants through a simplified review and approval process, without the ability to withdraw Council’s delegation. The City of Niagara Falls already has staff delegated the authority for site plans so there is no impact. Delegation of Minor Variances will speed up the process and allow staff to make decisions on these minor applications. Support recommendations 16.Prevent abuse of the heritage preservation and designation process by: a. Prohibiting the use of bulk listing on municipal heritage registers b. Prohibiting reactive heritage designations after a Planning Act development application has been filed Point a is agreed to by staff and the City will not bring forward bulk designations. b. could lead into more early forced designations to protect what is valuable. In Niagara Falls, if the owner disagrees with designation it isn’t done. This recommendation could cause us to lose more of our heritage. Heritage designation should be based on merit on whether the structure has significant heritage value. The province should provide key criteria to determine what would qualify as having significant heritage value. 17. Requiring municipalities to compensate property owners for loss of property value as a result of heritage This will impact the financials of the City and the City should not have to pay for what is in the public good. Recommend that if this is put in place it is only in place for forced designations not voluntary. Alternatively, the province could consider new criteria and parameters on what needs to be protected just the shell or Page 50 of 60Page 561 of 751 designations, based on the principle of best economic use of land. certain components of the interior or only significant buildings vetted through the province. The Province should also identify what parameters and proof is needed to support the claim of ‘loss of property value’ as in the past this has been shown not to be the case, 18.Restore the right of developers to appeal Official Plans and Municipal Comprehensive Reviews. This approach limits appeals to just developers and this right should be given to any person or municipality. Recommendation permit appeals by all with merit only, must show how it does not meet provincial policy. Appeals without merit should be dismissed or penalized. This is contrary to the achievement of intensification, housing, and employment targets in a timely fashion. 3. Cut the red tape so we can build faster and reduce costs- Recommendations 19-31 Task Force Recommendations Impacts/Benefits-City of Niagara Falls Made In Niagara Suggestions 19.Legislate timelines at each stage of the provincial and municipal review process, including site plan, minor variance, and deem an application approved if the legislated response time is exceeded. Impacts to ensure adequate staffing are in place to meet timeframes. If timelines are not met this could impact the quality of development and lead to future municipal issues ie poor drainage, poor design, lack of garbage facilities etc. This could result in an intentional flood of applications that would overwhelm Recommend timelines that are realistic and ensure the talent pool is available to accommodate the demand prior to putting this recommendation in place. A better, more streamlined process for minor applications may free up Staff time to consider more complicated proposals under the current Planning Act timelines. Page 51 of 60Page 562 of 751 Municipal resources and lead to the concerns above. 20.Fund the creation of “approvals facilitators” with the authority to quickly resolve conflicts among municipal and/or provincial authorities and ensure timelines are met. Impacts-Not clear on where the position would reside. A good initiative. Staff support this initiative to resolve conflicts quickly. 21.Require a pre-consultation with all relevant parties at which the municipality sets out a binding list that defines what constitutes a complete application; confirms the number of consultations established in the previous recommendations; and clarifies that if a member of a regulated profession such as a professional engineer has stamped an application, the municipality has no liability, and no additional stamp is needed. This is currently being done with the exception that at times additional studies are recommended based on new information. Staffing resources will assist in ensuring pre-consultation applications are vetted in more detail and new studies are not asked for beyond preconsultation. Liability clauses should be placed into agreements to ensure professionals are accountable and liable not municipalities. Subdivision drainage for example is an agreement between the developer and the City if we blindly accept the engineers drainage plan then any drainage issue or claim should be dealt with by the professional. Province would need to ensure that these clauses are upheld in the court system as right now the decisions reflect that the municipalities have a role to play in the review of these studies. 22.Simplify planning legislation and policy documents. No detail on what is changing so difficult to determine if there will be any impacts. No recommendations 23.Create a common, province-wide definition of plan of subdivision and standard set of conditions which clarify which may be included; require the use of standard province-wide legal agreements and, where feasible, plans of subdivision. No impact standardization sets upfront expectations for the development community. The standardization should be done collaboratively with municipalities. The Niagara Region and area municipalities have been working to standardize planning application forms and everyone has been successfully working together on this. 24.Allow wood construction of up to 12 storeys. No impacts Support recommendations Page 52 of 60Page 563 of 751 25.Require municipalities to provide the option of pay on demand surety bonds and letters of credit. The City is currently working on a pilot program to accept on demand surety bonds. This pilot is based on the Hamilton model and there is limited risk to the municipality in this model. Support recommendations. Buy in should be by choice by each municipality. Province should work on showcasing those areas where the surety bonds have been successful. 26.Require appellants to promptly seek permission (“leave to appeal”) of the Tribunal and demonstrate that an appeal has merit, relying on evidence and expert reports, before it is accepted. Leave to appeals would be known earlier and would need to have merit. Support recommendations 27.Prevent abuse of process: a. Remove right of appeal for projects with at least 30% affordable housing in which units are guaranteed affordable for at least 40 years. b. Require a $10,000 filing fee for third-party appeals. c. Provide discretion to adjudicators to award full costs to the successful party in any appeal brought by a third party or by a municipality where its council has overridden a recommended staff approval. This would impact third party appeals with legitimate concerns from the public and municipal council. These appeals would be heavily penalized. Not sure this is fair and equitable. Penalties or awarding of costs for frivolous without justification appeals should be awarded more often to discourage matters coming before the board without a planning basis instead. 28.Encourage greater use of oral decisions issued the day of the hearing, with written reasons to follow, and allow those decisions to become binding the day that they are issued. Good initiative will provide decision earlier. Support recommendations 29.Where it is found that a municipality has refused an application simply to avoid a deemed approval for lack of decision, allow the Tribunal to award punitive damages. The City will need to have sufficient staff to process applications. Support recommendation but the Province needs to assist municipalities to hire qualified staff before implementing this change. Page 53 of 60Page 564 of 751 30.Provide funding to increase staffing (adjudicators and case managers), provide market-competitive salaries, outsource more matters to mediators, and set shorter time targets. Good initiative to speed up development. Support recommendations 31.In clearing the existing backlog, encourage the Tribunal to prioritize projects close to the finish line that will support housing growth and intensification as well as regional water or utility infrastructure decisions that will unlock significant housing capacity. Good initiative to speed up larger projects that will assist in making a difference to bring more housing units on stream sooner. Support recommendations 4. Reduce the cost to build, buy and rent- Recommendations 32-42 Task Force Recommendations Impacts/Benefits-City of Niagara Falls Made In Niagara Suggestions 32.Waive development charges and parkland cash-in-lieu and charge only modest connection fees for all infill residential projects up to 10 units or for any development where no new material infrastructure will be required. The City relies on DC's to fund replacement and new infrastructure projects, park development, transit etc. The City also relies on parkland cash in lieu to purchase parkland and this will be extremely important in the future with the planned intensification and due to rising land costs. The reduction in these allocations will mean more costs on the general tax payer to fund projects. The City currently provides a reduction/waiver of development Growth should pay for growth and the payment of development charges and parkland assist in providing upgrades to existing systems and rejuvenation of parklands. This recommendation is not supported by staff. Page 54 of 60Page 565 of 751 charges and cash-in-lieu of parkland for areas within approved Community Improvement Plans. 33.Waive development charges on all forms of affordable housing guaranteed to be affordable for 40 years. The City currently exempts development charges for affordable housing projects that receive funding through an agreement with Niagara Regional housing. Support recommendations 34.Prohibit interest rates on development charges higher than a municipality’s borrowing rate. No impact we have not yet established interest rates. Support recommendations 35.Regarding cash in lieu of parkland, s.37, Community Benefit Charges, and development charges: a. Provincial review of reserve levels, collections and drawdowns annually to ensure funds are being used in a timely fashion and for the intended purpose, and, where review points to a significant concern, do not allow further collection until the situation has been corrected. b. Except where allocated towards municipality-wide infrastructure projects, require municipalities to spend funds in the neighbourhoods where they were collected. However, where there’s a significant community need in a priority area of the City, allow for specific ward- to-ward allocation of unspent and unallocated reserves. Will impact the way projects are planned and additional staffing will be needed to track and allocate the dollars to specific neighbourhood projects. This should be based on the 10 year capital forecast as city staff are limited in the amount jobs that can be accomplished in any given year. The City should have to demonstrate how the reserves are to be used and in what areas over the 10 year horizon. Page 55 of 60Page 566 of 751 36.Recommend that the federal government and provincial governments update HST rebate to reflect current home prices and begin indexing the thresholds to housing prices, and that the federal government match the provincial 75% rebate and remove any clawback. No impact to the City but unless the cost savings are passed onto the home owner it will not create more affordable or attainable housing. This will not impact affordability unless the developers are capped on profit. The additional HST money needs to be of benefit to affordable housing or units. Recommendation this rebate should only apply to affordable housing. 37.Align property taxes for purpose-built rental with those of condos and low-rise homes. Good Initiative, supports rental housing Support recommendation 38.Amend the Planning Act and Perpetuities Act to extend the maximum period for land leases and restrictive covenants on land to 40 or more years. Good initiative supports longer term mortgages. Support recommendations 39.Eliminate or reduce tax disincentives to housing growth. Limited information on what tax disincentives they are referring to. Cannot support recommendation at this time until more information is provided. 40.Call on the Federal Government to implement an Urban, Rural and Northern Indigenous Housing Strategy. Good initiative support provincial goal. Support recommendations 41.Funding for pilot projects that create innovative pathways to homeownership, for Black, Indigenous,and marginalized people and first-generation homeowners. Good initiative supports where the need is the greatest. Support recommendations 42.Provide provincial and federal loan guarantees for purpose-built rental, affordable rental and affordable ownership projects. Supports affordable housing projects. Good initiative but there seems to limited uptake by developers in the current CMHC incentives and it should be analysed by the Province as to why. 5. Support and Incentivize scaling up housing supply Recommendations 43-55 Page 56 of 60Page 567 of 751 Task Force Recommendations Impacts/Benefits-City of Niagara Falls Made in Niagara Suggestions 43.Enable municipalities, subject to adverse external economic events, to withdraw infrastructure allocations from any permitted projects where construction has not been initiated within three years of build permits being issued This is currently done on a regional level. Allocation of capacity is only granted when you are ready to proceed and not part of draft plan approval. Support recommendations 44.Work with municipalities to develop and implement a municipal services corporation utility model for water and wastewater under which the municipal corporation would borrow and amortize costs among customers instead of using development charges. Impact to general taxpayers and would create a significant amount of work on the municipal side to implement. Additional staff would be needed to set up the corporation and to set up the necessary financial requirements. This corporation would need to be staffed. The province should ensure this model will provide a cost savings and makes homes more affordable. This solution seems to just add additional costs to the operation of the household which does not solve the affordability issue. 45.Improve funding for colleges, trade schools, and apprenticeships; encourage and incentivize municipalities, unions and employers to provide more on-the- job training. No impacts but financial benefits to the municipality to secure resources to complete the work needed. Support recommendations 46.Undertake multi-stakeholder education program to promote skilled trades. Benefit to future positions at the City and the construction industry. This will assist with labour shortages. Support recommendations 47.Recommend that the federal and provincial government prioritize skilled trades and adjust the immigration points system to strongly favour needed trades and expedite immigration status for these workers and encourage the federal government to increase from 9,000 to 20,000 the number of immigrants admitted through Ontario’s program. Additional pressure on providing needed housing. Support recommendations. Page 57 of 60Page 568 of 751 48.The Ontario government should establish a large “Ontario Housing Delivery Fund” and encourage the federal government to match funding. This fund should reward a. Annual housing growth that meets or exceeds provincial targets b. Reductions in total approval times for new housing c. The speedy removal of exclusionary zoning practices Financial impacts to the City could be reduced depending on the level of funding from the Province and the Federal Government. Additional resources will be needed to process applications and put in place measures and policies to expedite approvals. Sufficient funding is need to offset initial costs for proper planning. Funding should cover Secondary Plan study work, servicing reviews, environmental study work etc. to remove delays and risk from developments. 49.Reductions in funding to municipalities that fail to meet provincial housing growth and approval timeline targets. This will create significant impact to the City. Firstly, the city will need to ensure they have adequate staff to process applications within the allocated time targets. Secondly, in the shorter period the City may need to plan for funding shortfalls until they can sufficiently staff the planning department to meet the requirements. The impacts will be in various departments Planning, Building and Development and Municipal Works, Need to ensure sufficient time is provided to get additional resources in place given the talent market is limited. The provincial government should release new funding models for last or second to last year students in planning, building and engineering to ensure they can do on the job training. Lack of funding may further inhibit the municipality from meeting growth and approval timeline targets over the long run. 50.Fund the adoption of consistent municipal e-permitting systems and encourage the federal government to match funding. Fund the development of common data architecture standards The City did receive funding for a municipal e-permitting system in March of 2022. Support recommendations. Page 58 of 60Page 569 of 751 across municipalities and provincial agencies and require municipalities to provide their zoning bylaws with open data standards. Set an implementation goal of 2025 and make funding conditional on established targets As both of these initiatives are funded the only impact is staffing resources to accomplish the requirements by 2025. 51.Require municipalities and the provincial government to use the Ministry of Finance population projections as the basis for housing need analysis and related land use requirements. No impact to the City. Support recommendations. 52.Resume reporting on housing data and require consistent municipal reporting, enforcing compliance as a requirement for accessing programs under the Ontario Housing Delivery Fund. No impact Support recommendations 53.Report each year at the municipal and provincial level on any gap between demand and supply by housing type and location and make underlying data freely available to the public. Impact on resources to prepare this work. Additional staffing or software may be needed. Support recommendations 54.Empower the Deputy Minister of Municipal Affairs and Housing to lead an all-of-government committee, including key provincial ministries and agencies, that meets weekly to ensure our remaining recommendations and any other productive ideas are implemented. Benefits- Committee can review and make small changes to improve the system during the transition. Municipalities should be part of the future process to ensure that recommendations can be easily implemented. 55.Commit to evaluate these recommendations for the next three years with public reporting on progress No impacts Support recommendations Page 59 of 60Page 570 of 751 Page 60 of 60Page 571 of 751 March 14, 2022 Ministry of Municipal Affairs and Housing RE: Housing Affordability Task Force Report On behalf of the members of the Niagara Falls Nature Club, I found some excellent suggestions in this report although I have grave concerns about some of the proposals. Helpful recommendations include those increasing density. I agree with allowing secondary suites and multi-tenant housing in residential neighbourhoods. Greatly increasing intensification around transit stations and eliminating minimum parking standards is an excellent idea. Niagara Falls has many underutilized commercial properties and I agree that they should be converted into residential properties, preferably mid-rise apartment complexes, perhaps encouraged by a tax break for the first few years after the development is completed. We fully agree with stressing intensification in built up areas and not developing on greenfield lands. Although this report is titled Housing Affordability Task Force Report, it states that building new affordable housing is not part of its mandate. Market priced homes will never be sufficient to house everyone who needs a place to live. Here in Niagara Falls, tenants have recently had power and water cut-off during January in a motel where many of the close to homeless are forced to live. There isn’t even enough of this housing for all who need it. Housing starts should begin with those who need it most. The government also needs to get involved in seeing that more multi-tenant housing is built with affordable rents. The market may be able to handle this without government interference eventually, but people who need shelter cannot wait. Tenants must have adequate protections guaranteed by the Province. Home ownership is not the ideal solution for housing all who need shelter. The report’s proposal to limit public participation is a step in the wrong direction. Residents of a municipality have a right to be heard and many have extensive knowledge of their communities. Municipalities should not be prevented from hosting public gatherings. Public forums should be made more robust with participant’s concerns being heard and answered. Page 572 of 751 The $10,000 fee for a third-party appeal would disenfranchise most of the Ontario public. Awarding full costs to the winning party in an appeal would mean that only the developers, with deep pockets and the ability to raise funds from investors, could afford their day in court. These changes would allow developers to build where and how they want regardless of the public good. Please do not silence the voices of community members. Not all those opposing developments are “not in my backyard” homeowners. Some citizens opposing developments are doing so because the places where the developer wants to build have natural areas and features that need to be preserved. Saving our natural assets would benefit not just environmentalists but all residents of a region both immediately and far into the future. I receive letters from investors in my mailbox at least twice a week wanting to buy my house. I have read that a quarter of all home buyers are investors and this certainly is driving up prices. Speculation needs to be curbed. Those on the task force spoke from their lived-experience. They are developers, bankers and home builders. Please convene a task force with representatives who work on providing housing to those with low incomes, environmentalists, municipal planners and those struggling or who have struggled to find housing they can afford. Ontario’s housing affordability problem cannot be solved simply by building more market-rate houses. We need real solutions that consider all the residents of Ontario, not just the wealthy. Sincerely, Joyce Sankey, Conservation Director Niagara Falls Nature Club C: Wayne Gates, MPP for Niagara Page 573 of 751 PBD-2022-14 Report Report to: Mayor and Council Date: March 22, 2022 Title: Information Report Town of Aurora Resolution- Dissolve the Ontario Land Tribunal (OLT) Recommendation(s) That Council receive this staff report for information purposes. Executive Summary The Town of Aurora`s Resolution calling for dissolving the Ontario Land Tribune (OLT) is not supported by Planning staff. While the OLT has shortcomings, the OLT does pl ay a critical role in the planning process. OLT reform and not its dissolution will assist in improving the supply of attainable housing. Background At the Council meeting held on February 8, 2022, Council passed a motion requesting that staff prepare a report on the resolution from the Town of Aurora regarding dissolving the Ontario Land Tribunal (OLT). Analysis History of the OLT and the Town of Aurora’s Motion The Appeal Planning Local the in 2021 June Tribunal, Province amalgamated Environmental Review Tribunal, Board of Negotiation, Conservation Review Board and the Mining and Lands Tribunal into a new single tribunal called the Ontario Land Tribunal. The OLT is a quasi-judicial board whose members are appointed by the Province and who adjudicates matters related to land use planning, environmental and natural features and heritage protection, land valuation, land compensation, municipal finance and related matters. The Ontario Land Tribunal replaced the Local Planning Appeal Tribunal (LPAT) which in turn, had replaced the Ontario Municipal Board (OMB) in 2017. Page 1 of 4 Page 574 of 751 Since its inception in 1906 as the Ontario Railway and Municipal Board, the OLT has evolved in purpose, power and scope and by the 1990s the OLT (formerly known as the Ontario Municipal Board) had primarily become an appeals body for municipal planning decisions. As a result, the Ontario Land Tribunal has been criticized for not considering local interests in their decisions and has been viewed as undermining a municipality`s autonomy by overturning local municipal council planning decisions. Spearheaded by Town of Aurora Mayor Tom Mrakas, a resolution advocating for an end to the OLT has been forwarded to the Province`s 443 other municipal governments, including the City of Niagara Falls, to follow suit. The motion (attached as Appendix I) calls on the Ontario Government to immediately dissolve the OLT “thereby eliminating one of the most significant sources of red tape delaying the development of more attainable housing in Ontario.” Planning Staff Response Urban planning is both a technical and political process that relies on and is ultimately strengthened by public participation. The introductio n of change into the urban fabric of communities through development can be a source of conflict. If those disputes cannot be amicably resolved (i.e. through compromise or mediation) they are then decided by the OLT whose decisions are based on planning rationale and not precedents. If the OLT were to be dissolved with no replacement body offered, property owners, developers and/or residents would have no mechanism for appeal which can considered undemocratic. Without an appeal body, the judicial courts would then be responsible for resolving land use planning disputes. The courts would not consider planning rationale in their decisions and developers could use past Council decisions to justify similar developments. While the OLT has shortcomings and the a ppeal system is not without flaws, the OLT does play a critical role in the planning process. The threat of an appeal has been known to motivate all parties to work together towards a better planning outcome that all can live with. Ontario Housing Affordability Task Force (OHATF) and the OLT The recently released Ontario Housing Affordability Task Force has examined and highlighted some of the challenges faced by the OLT and the impact it has on housing approvals. The OHATF report states that the OLT has a current backlog of 1,300 unresolved cases and acknowledges that while the OLT’s under -resourcing does contribute to delays in resolving these appeals, the large caseload also reflects the low barrier to launching an appeal and the minimal risks if an appeal is unsuccessful. In the end, the OHAFT proposes recommendations that if enacted upon by the Province would assist in reducing the backlog of appeals. A cursory review of those recommendations shows that many of them have merit such as providing additional funding to increase OLT staffing (adjudicators and case managers) and preventing the abuse of process by significantly increasing the filing fee for third party appeals. Page 2 of 4 Page 575 of 751 Financial Implications/Budget Impact There are no direct financial implications arising from this report. Strategic/Departmental Alignment Not applicable. List of Attachments PBD-2022-14 Appendix 1, Resolution - Town of Aurora - Dissolve OLT Motion[132] Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Brian Dick, Manager of Policy Planning Approved - 15 Mar 2022 Kira Dolch, Director of Planning, Building & Devlopment Approved - 15 Mar 2022 Jason Burgess, CAO Approved - 16 Mar 2022 Page 3 of 4 Page 576 of 751 APPENDIX 1 RESOLUTION - TOWN OF AURORA - DISSOLVE OLT MOTION Whereas Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; and Whereas an Official Plan is developed through months of public consultation to ensure, “that future planning and development will meet the specific needs of (our) community”; and Whereas our Official Plan includes zoning provisions that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; and Whereas our Official Plan is ultimately approved by the province; and Whereas it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of (Your Municipality) Official Plan; and Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the (Your Municipality) Official Plan; and Whereas municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of (Your Municipality); and Whereas the OLT has the authority to make a final decision on planning matters based on a “best planning outcome” and not whether the proposed development is in compliance with municipal Official Plans and Provincial Planning Policy; and Whereas all decisions—save planning decisions—made by Municipal Council are only subject to appeal by judicial review and such appeals are limited to questions of law and or process; and Whereas Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and overrule local decisions applying provincially approved plans; and Whereas towns and cities across this Province are repeatedly forced to spend millions of dollars defending Official Plans that have already been approved by the province in expensive, time consuming and ultimately futile OLT hearings; and Whereas lengthy, costly OLT hearings act as a barrier to the development of attainable housing; 1.Now Therefore Be It Hereby Resolved That (Your Municipality) requests the Government of Ontario to dissolve the OLT immediately thereby eliminating one of the most significant sources of red tape delaying the development of more attainable housing in Ontario; and 2.Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Opposition, the Leaders of the Liberal and Green Party, all MPPs in the Province of Ontario; the Large Urban Mayors’ Caucus of Ontario, the Small Urban GTHA Mayors and Regional Chairs of Ontario; and 3.Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. Page 4 of 4 Page 577 of 751 PBD-2022-15 Report Report to: Mayor and Council Date: March 22, 2022 Title: Changes to Public Notice Circulation Area Recommendation(s) That the Public Notice Circulation area remain at 120m for applications within the Urban Area boundary and 240m outside the Urban Area boundary, the current newspaper advertising be discontinued, new public notice sign requirements for a larger sign that provides more detailed, coloured rendering of the proposed development, and that a Planning Application presence be established on the City website and social media Executive Summary On March 8, 2022, a motion was passed by Council requesting that a staff report on the cost impacts, cost recovery options and the required process to modify the buffer area within which specific Planning Act applications are circulated. This was requested as a result of concerns that City residents were not aware of changes within the City if they did not read the newspaper or have access to social media platforms. A survey of other municipalities in Ontario was undertaken to find out what types of circulations were being conducted and what circulation distances were being u sed. The recommendation is to continue with the current 120m circulation distance in the Urban Area boundary, expand the circulation distance to 240m for applications that are outside the Urban Area boundary, discontinue the newspaper advertising, have the proponent provide and post a sign on the property that is larger, and may contain a coloured rendering of the proposal and also establish a Planning Application presence on website/social media Background Council requested that staff prepare a report to examine the advantages and disadvantages of an increased circulation buffer for Planning Act applications, specifically, Official Plan Amendments, Zoning By-law Amendments, Draft Plans of Subdivision and Plans of Vacant Land Condominiums, that require a public meeting. This report examines the cost impacts, cost recovery options and the required process to modify the buffer beyond the current Planning Act requirements. Council’s request was predicated on the concern that a majority of local residents do not subscribe to the local newspaper nor access the City’s webpage. The residents then Page 1 of 5 Page 578 of 751 rely on receiving information about any future changes to the City via a public notice sign on a property that is the subject of a Planning Act application or receiving public notices through the regular mail service. The residents would only receive the public notice if they owned property within 120 metres of the property that is the subject of the Planning Act application. Analysis The current Planning Act regulations stipulate that public notice for Official Plan Amendments, Zoning By-law Amendments and Plans of Subdivision and Vacant Land Condominiums must be given to property owners within 120m of the subject property, a distance measured from the property line. The current regulations require each of the types of Public Notices to be served by: • Personal service or ordinary mail; and, • By posting of a public notice sign, OR • By publishing a notice in the newspaper. In addition, staff: • Circulate to those who submit a written request to be circulated and circulate to various commenting agencies. In accordance with the Planning Act the following is the current practice in the City of Niagara Falls: • Circulate by mail to properties within 120m of subject property; • City staff post a black/white, text heavy public notice sign on subject property; • Advertise in local newspaper; • Circulate to those who submit a written request to be circulated; • Circulate to various commenting agencies. The Communications team advises that the newspaper advertisement costs for all planning notices in 2021 was $6,400. In 2021, there were 27 applications w hich equates to $237 per advertisement. In the urban area the present circulation of 120m contains on average approximately 120 properties. The costs for the present circulation of a public notice at the 120m distance by regular mail is $0.92 postage for each envelope totaling $111.00 [Note: This cost does not include materials and staff time.] There are 3 types of notices required for each application (Notice of Application/Public Open House, Notice of the Public Statutory Public Meeting and Notice of Decision), so the total cost would be $333 per application. Presently, these costs are included in the application fee. Page 2 of 5 Page 579 of 751 Outside the Urban Area boundary the current circulation distance is also 120m and may include only one or two properties. An enhanced circulation distance of 240m outside the Urban Area boundary would increase the number of properties, but to what extent is difficult to measure conclusively, except to say that there will definitely be more property owners made aware of a Planning Act application. Circulation costs for the expanded distance of 240m will increase. To circulate the three different notices as noted previously, would add additional cost in postage as there could be 20 properties within rural areas that could be considered to be affected by any proposed change. Staff time has not been included in any of these costs. The following chart summarizes some background research from other municipalities with respect to the different approaches to enhancing the public notification process for Official Plan Amendment, Zoning By-law Amendments and Plans of Subdivision/Vacant Land Condominiums. Survey of other Municipalities Municipality Circulation Distance Public Notice Sign Newspaper advertising Webpage/social media Other Brampton 240 m (Reduced from 800-900 m due to large crowds at public meetings) 2.4 m x 1.2 m coloured sign depicting proposal. Yes BramPlanOnline track status of applications Blue Mountain 120 m Posting a sign Yes Website (weekly e-blast) Post on bulletin board in Town Hall Burlington 120m urban 300m rural Updated design Coloured photo on sign Webpage set up for each application; Twitter Pre-application community consultation meeting Guelph 120 m Posting a Sign Yes Have your Say link on Website Hamilton 120 m Posting a Sign No No Community Information meeting held prior to Statutory public meeting Kitchener 120m Posting a Sign Yes Public Notice; key documents posted Summary report ‘What We Heard’ Page 3 of 5 Page 580 of 751 Municipality Circulation Distance Public Notice Sign Newspaper advertising Webpage/social media Other Vaughan (from 2008 report) 150 m (used sample testing in 3 different areas of city; found that 150 m circulation increased circulation by 23-54% 2.4 m x 1.2 m coloured sign depicting proposal Yes Yes Increased size of public notice sign; Increased circulation area. Based on the survey of what other municipalities are doing, the concerns raised by residents and the request for a staff report on the Public Notice circulation process, the following recommended change is provided to Council for consideration. Proposed New Public Notice Circulation Procedures • Circulate by mail to 120m. within the Urban Area boundary; • Circulate by mail to 240m outside the Urban Area boundary • Discontinue newspaper advertisement • Post an enhanced, proponent provided, Public Notice sign 2.4m x 1.2m (larger plan/coloured picture) • Establish a Planning Application presence on website/social media. Advantages to this approach: - Coloured Public Notice sign provided by the proponent will contribute to a better understanding of the proposal to the neighbouring properties; - City staff no longer provides and posts the Public Notice signs (savings in time and mileage) - Social media/website posting of the application allows for much more detailed information than could be achieved in newspaper advertisement; and may reach a broader audience and thereby more comments from the public may be achieved. - A broader audience would be captured for applications outside the Urban Area boundary the increased circulation distance and the enhanced public notice sign. Disadvantages to this approach: - Additional staff time to set up webpages and provide material for other social media outlets; - Additional staff time to monitor the webpages/social media. - May not reach people who are not connected to social media - Additional staff time and cost to circulate increased number of applications outside the Urban Area boundary due to increased circulation distance. Page 4 of 5 Page 581 of 751 SUMMARY A new Public Notice circulation process is recommended for site specific amendments that would see the Urban Area properties continue to be circulated at a distance of 120m. but areas outside the Urban Area boundary would see a circulation distance increased to 240m. This increased circulation will provide wider circulation given properties are separated by more land outside the urban area boundary. The current newspaper advertising would be discontinued as it does not appear to be effectively capturing the public’s attention. A new enhanced larger public notice sign with coloured renderings would be proposed and a Planning Act application p resence would be established on the website and social media platforms. Digital forms of engagement seem to attract more public participation that what previous forms of engagement have in the past. The convenience of digital engagement on platforms such as “Lets Talk Niagara Falls” and Zoom/Team have allowed working people to engage in local government. This new process would not apply to larger City wide initiated amendments such as amendments to the City's Zoning By-law or Official Plan etc. as these types of applications affect everyone in the City. A newspaper ad in addition "Lets Talk Niagara Falls" and other social media avenues would be the best to engage the entire City. Financial Implications/Budget Impact An enhanced social media and web presence will require additional staff time to monitor and update the social media platform and the planning webpages. This may impact the ability to process applications in an efficient manner given the lack of staff to pickup this additional time consuming work. Additional staff resources may need to be considered in the 2023 budget. There are cost implications for circulating outside the Urban Area boundary beyond the 120m but there is a cost savings for discontinuing the newspaper advertisements. Written by: Peggy Boyle, Assistant Planner Submitted by: Status: Kira Dolch, Director of Planning, Building & Devlopment Approved - 21 Mar 2022 Jason Burgess, CAO Approved - 22 Mar 2022 Page 5 of 5 Page 582 of 751 PBD-2022-26 Report Report to: Mayor and Council Date: March 22, 2022 Title: Amendment request to a Revitalization Grant Application under the Historic Drummondville CIP – DRU-2020-001, 5528 Ferry Street Applicant: La Pue International Inc. Recommendation(s) Should Council support the request by La Pue International Inc. to amend the Revitalization Grant Agreement to alter the phasing of construction it is recommended: 1. that Council pass the By-law authorizing the execution of the Revitalization Grant Amendment Agreement between La Pue International Inc. and the City as attached under the By-law Section of the March 22, 2022 agenda; 2. that the applicant be required to register on title the amending agreement; and 3. that the Revitalization Grant Agreement and Phasing Amendment Agreement be forwarded to the Niagara Region for reconsideration of support under the extended Smart Niagara Incentive Program (SNIP). Executive Summary A Revitalization Grant Agreement was entered into between La Pue International Inc. and the City of Niagara Falls in compliance with the decision of Council on February 9, 2021 to provide a tax increment based grant for a three building development. The agreement was written to recognize development over three phases: Phase 1 - a mixed use building; Phase 2 – a residential condominium; and Phase 3 – a hotel. La Pue International Inc. has now requested that the phasing references within the agreement be amended so that the residential condominium development may proceed first, followed by the mixed use building and hotel. If supported by Council, the existing agreement would be amended to recognize the requested change in phasing of the development. All other provisions of the agreement would remain unchanged. A copy of the amending agreement has been signed by the applicant and is attached to this evening’s agenda for Council’s review. Background On April 2, 2020, City Council considered an application made under the Historic Drummondville Community Improvement Plan (CIP) Revitalization Grant Incentive Page 1 of 7 Page 583 of 751 Program through Planning Report PBD-2020-22. A 7 storey mixed use building; a 30 storey residential building with 285 dwelling units; and a 6 storey, 148 room hotel were permitted on the lands as per Zoning By-law Amendment No. 2020-06. The property was an amalgamation of five previously separate properties located on the south side of Ferry Street, the east side of Allendale Avenue and the west side of Stanley Avenue. As per the decision of Council the Historic Drummondville CIP Boundary Area By-law 2006-226 which previously included only an area fronting onto Ferry Street was amended to include the whole of the lands owned by the applicant. In addition a Revitalization Grant Agreement was entered into between the applicant and the City. In February of 2021, Council supported a request by La Pue International Inc. to enter into a new and restated agreement to reflect the development of the three separate buildings over three phases and to include provisions for condominium sales which would accommodate the sale of individual units during the term of the agreement. Section 4.2 of the executed February 2021 agreement identifies the three phases of development as follows: • “Phase 1 shall comprise Building A (seven-storey mixed-use building) and the underground parking structure; • Phase 2 shall comprise Building B (a residential condominium to a height of 30 storeys or, subject to any required approvals under the Planning Act, a height of not less than 22 storeys); and • Phase 3 shall comprise Building C (six-storey hotel)”. Section 4.2 further points to the phasing plan attached as Schedu le 'C' to the Agreement, subject to such modifications to the Phases as may be approved by the City’. Consequently, the applicant’s request to proceed with Building B prior to Building A requires the approval of Council through an amendment to Section 4 .2 of the existing grant agreement and the replacement of Schedule ‘C’. Analysis The Revitalization Grant Incentive Program and phasing The Revitalization Grant Incentive is structured to provide a grant only after the whole of an approved development has been constructed and MPAC has issued a reassessment of the whole of the property. The basis of this requirement is to ensure that the whole of a redevelopment as considered by Council has been completed and that the City is not providing a tax increment grant on a partial improvement. Page 2 of 7 Page 584 of 751 Council considered the scale of this development in its 2021 decision to allow the grant to be paid when and only if construction has been completed for each individual phase, over three phases, as requested by the applicant, A site plan of the proposed development with identification of the 3 phases and their build out was attached to the agreement (see Appendix 1). The subject lands are located at the eastern-most limit of the Historic Drummondville CIP Area and, being at the intersection of Ferry Street and Stanley Avenue, are considered a gateway location between the Fallsview Area and Historic Drummondville. The 2021 phasing of development identified the 7 storey mixed use building fronting onto Ferry Street as the first stage, creating a presence at the corner. The current request by La Pue International Inc. would result in the construction of a 30 storey condominium first, at the southwest corner of the property and fronting onto Allendale Avenue, with anticipated construction to start in 2022. The constructio n of the buildings facing directly onto Ferry Street and Stanley Avenue would proceed afterwards. The proposed phasing of development is shown on Appendix 2 (attached). As per the terms of the existing agreement, the applicant is limited to 10 years for project completion. Should any phase of the development not be completed within 10 years of the date of the agreement, the tax incentive would no longer apply to that phase. Regional Participation in the Revitalization Grant Program Over the past few years, the Niagara Region had been undergoing a review of its Community Improvement Plan (CIP) incentives. During the review the Region was not participating in matching grants within new CIPs or within the expanded areas of existing CIPs across the Region. As the 2021 Grant agreement with La Pue International Inc. was approved during the time of this review, the Niagara Region confirmed only partial participation in the revitalization grant limited to the mixed use building (Building A) fronting onto Ferry Street as that was the only building located completely with the original boundaries of the Historic Drummondville CIP. Eligibility under the Region’s Smart Growth Development Charge reduction program was also limited to Building A. In October 2021, Regional Council made the decision to approve limited extensions to the existing Smarter Niagara Incentive Programs (SNIP) and have further advised that applications within new Community Improvement Plans or an expanded CIP Area Boundary may be considered for Regional participation. Should the City support the request to change the phasing within the 2021 Revitalization Grant Agreement, the executed Revitalization Grant Agreemen t and phasing amendment agreement can be forwarded to the Niagara Region for reconsideration under their SNIP program. Page 3 of 7 Page 585 of 751 Process As noted above, the request to proceed with Building B (30 storey condominium) prior to Building A (7 storey mixed use building, fronting onto Ferry Street) requires City approval. If supported, the approval would be confirmed through an amendment to Section 4.2 of the existing grant agreement. Staff have had discussions with the applicant and their solicitor to prepare the a mending agreement. A copy of this agreement has been included on this evening’s agenda. If approved by Council, the agreement will be adopted through a By-law and be registered on title. It would then be forwarded to the Region to reconsider its participation in this incentive. Without the Region’s participation, only the City portion of the property taxes would be used to calculate the grant. It is noted that Regional Staff have been delegated approval of tax incentive grants subject to a cap. Consequently, the Region’s participation in this specific grant may require the decision of Regional Council. Summary The tax incentive grant agreement amendment prepared for Council’s consideration this evening modifies Section 4.2 of the executed agreement to: • recognize Building ‘B’ (residential condominium) and the underground parking structure as the first phase of development, Building ‘A’ (mixed use) as the second phase of development and Building ‘C’ (hotel) as the third phase of development; and • Replace Schedule 'C', Phasing Concept Plan. Financial Implications/Budget Impact There are no financial implications related to the requested change in phasing. The estimated grant associated with the existing agreement remains unchanged. List of Attachments Appendix 1 - Existing Schedule 'C' - Phasing Plan Appendix 2 - Proposed Schedule 'C' - Phasing Plan Written by: Francesca Berardi, Planner 2 Submitted by: Status: Kira Dolch, Director of Planning, Building & Devlopment Approved - 17 Mar 2022 Page 4 of 7 Page 586 of 751 Jason Burgess, CAO Approved - 17 Mar 2022 Page 5 of 7 Page 587 of 751 Phase 1 –Building A & underground parking, Construction ~ 3 years Phase 2 –Building B, Construction to begin after Phase 1 and severance of land Phase 3 –Building C, Construction –after Phase B completed and severance of land APPENDIX 1 –Existing Schedule ‘C’ –Phasing Plan Page 6 of 7Page 588 of 751 Phase 2 –Building A, Construction to begin after Phase 1 and severance of land Phase 1 –Building B and underground parking , Construction to begin immediately Phase 3 –Building C, Construction –after Phase B completed and severance of land APPENDIX 2 –Proposed Schedule ‘C’ –Phasing Plan Page 7 of 7Page 589 of 751 PBD-2022-027 Report Report to: Mayor and Council Date: March 22, 2022 Title: Request for Council Resolution for a Minister's Zoning Order for lands bounded by Erie Road, Bridge Street, Queen Street and River Road Recommendation(s) That City Council pass the following Resolution to support the requested Ministry's Zoning Order (MZO). the City of Niagara Falls supports the requested MZO subject to the following conditions: 1. That all lands beyond the lands bounded by Erie Avenue, Zimmerman Avenue, Bridge Street and Queen Street be subject to parking in accordance with the CB6 and CB3 zoning unless the 0.6 spaces per unit can be justified through a Parking Demand Analysis to the satisfaction of the City’s Municipal Works; 2. That the lands be subject to site plan approval subject to the policies and by -laws of the City and the urban design policies in 3.11-3.13 in the Downtown Niagara Falls Go Station Secondary Plan; 3. That a condition be added to deal with Section 37 Community Benefits through the site plan approval process to be used in the downtown area for improvements, features or affordable housing; 4. That a minimum of 2 sq.m. of balcony space be provided in addition to the 2 sq.m. of indoor space and 2 sq.m. of outdoor space; 5. That the developer submits a parking demand analysis report to justify the 0.6 spaces per dwelling unit parking ratio and that the developer be permitted to construct the podium and the first two towers of the development only. After full occupancy, the parking capacity/need will need to be reevaluated through a subsequent study to confirm if the 0.6 spaces per unit is still an acceptable parking ratio for the overall development. Both reports will require Municipal Works approval; 6. That a heritage impact study be submitted as part of site plan approval process; 7. That future road widenings in accordance with Section 4.27.1 are not hindered by the proposed development; and 8. That the City review in detail the draft by-law before submitting the final requested by-law to the Minister. Executive Summary Page 1 of 14 Page 590 of 751 On Council’s agenda for March 22, 2022 is a letter from NPG Planning dated March 12, 2022 requesting that Council support their request for an Minister’s Zoning Order on the lands east of Erie Road to the Niagara Parkway and bounded to the north by Bridge Street and to the south by Queen Street. The request is generally to permit these lands to: • increase the height from 20 storeys (66m) to 40 storeys (132.5m) from Erie Road to Cataract Avenue and to increase the height from 8 storeys to 25 storeys from Cataract Avenue to the Niagara River; • increase the podium height from a maximum of 14m to a maximum of 6 storeys (21m); • permit a maximum floor plate 920 sq.m.; • reduce the amenity area for residential from 20 sq.m . to 2 sq.m. indoor and 2 sq.m outdoor for each residential unit; • reduce the parking from 1 space per unit to 0.6 spaces per unit; • reduce the bicycle parking from 0.5 spaces per unit to 0.35 spaces per unit; • permit a minimum Tower separation of 25m; • permit townhouse units on ground floor along Park Street; and • permit other changes include reduction of front yard depth, reduction to minimum exterior side yard depth, maximum lot coverage, maximum length of building. The proposal put forth by NPG Planning Solutions is located in a major transit stati on area and increased density is supported by the policies in the Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe. Planning staff are supportive of the proposal subject to conditions. Background The subject lands are bounded by Erie Road, Bridge Street, Queen Street and River Road. The subject area being considered by a Minister’s Zoning Order (MZO) is within the Niagara Falls GO Station Secondary Plan area. This plan was adopted by the City and subsequently approved by the Niagara Region on June 14, 2018. Council in March 2021 adopted a zoning amendment to implement the policies of the Niagara Falls GO Station Secondary Plan area (OPA No. 125) approved in 2018. Two appeals were received and forwarded to the Ontario Land Tribunal. The first appeal, submitted was based on the perceived lack of parking that would occur as a result of the new zoning and the second appeal was related to a number of issues with the general direction of the zoning amendment. The request is to address changes under Section 34 of the Planning Act through an MZO. An MZO prevails over any other zoning by-law in effect in the area, giving the Minister complete authority to regulate land use on specific lands under Section 47 of the Planning Act. The MZO authority is a tool that can be used to support and expedite the delivery of government priorities, including transit-oriented communities, affordable Page 2 of 14 Page 591 of 751 housing, long-term care homes and strategic economic recovery projects by removing potential barriers and delays. The Minister through the MZO can also require a site plan agreement between the landowner and the municipality, and impose directions with respect to the agreement, including specified matters such as massing, relationship to adjacent buildings etc, that may or may not be dealt with in the agreement. The MZO process does not include a notice or a hearing prior to the making of an order but the Minister shall give notice of the order within thirty days in a manner that is considered proper by the Minister. Analysis The Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe and the City’s Niagara Falls GO Station Secondary Plan supports intensification near Major Transit Station areas. The proposal is near the GO station as well as the City's transit terminal. This location is ideal for additional density and supports Provincial policy to prioritize intensification in major transit station areas. Policy 2.2.4 (9) of the Growth Plan states: Within all major transit station areas, development will be supported, where appropriate, by: a. planning for a diverse mix of uses, including additional residential units and affordable housing, to support existing and planned transit service levels; b. fostering collaboration between public and private sectors, such as joint development projects; c. providing alternative development standards, such as reduced parking standards; and d. prohibiting land uses and built form that would adversely affect the achievement of transit-supportive densities. Planning staff have reviewed the letter submitted by NPG Planning Solutions and offer the following comments to Council. Land Subject to the MZO Staff have concerns as to the size of the area subject to the MZO. These lands are beyond the design concepts staff have seen and cause a concern for parking availability in the area and impacts on the downtown core. Page 3 of 14 Page 592 of 751 Recommendation: Staff recommend that a condition be included in the Council resolution that all lands beyond the lands bounded by Erie Avenue, Zimmerman Avenue, Bridge Street and Queen Street be subject to parking in accordance with the CB6 and CB3 zoning unless the 0.6 spaces per dwelling unit can be justified through a Parking Demand Analysis report to the satisfaction of the City’s Municipal Works. Height/Podium Height The height of the proposed building will not negatively impact the skyline of the City and will assist in providing additional ridership and density to a major transit area. In addition, the Province’s Task Force on Affordability recommends unlimited height and density in areas near major transit stations. Given the additional height to the podium staff would like to ensure that the design of the building does not create a block face wall but rather creates a pedestrian level feel at the podium through such items as colonnades or awnings. These matters can b e addressed at the site plan stage. Recommendation: Staff recommends that the resolution of Council include a condition that the development be subject to site plan approval subject to the policies and by-laws of the City and the urban design policies in 3.11-3.13 in the Downtown Niagara Falls Go Station Secondary Plan. Council under Section 37 of the Planning Act permits bonusing for height and/or density beyond that which is permitted by the Official Plan and/or the Zoning By -law in exchange for benefits within the neighbourhood. Recommendation: Staff suggest an additional condition be added to the site plan approval process to deal with Section 37 benefits/Community Benefit agreement. These benefits could provide amenities to the immediate area to mitigate the impacts associated with the requested height/density through improvement/features downtown or through the creation of affordable housing units. Amenity Area The letter from the consultant proposes to reduce the amenity area from 20 sq.m. to 2 sq.m. of indoor space and 2 sq.m. of outdoor space. Amenity space is outdoor spaces where residents can enjoy the outdoors. Amenity space is extremely important in Page 4 of 14 Page 593 of 751 instances where not additional amenity or public outdoor areas are located. In this case the subject lands are adjacent to a public park and within close proximity to a trail system. In addition, the City’s Zoning By-law does not include a balcony as part of open space areas, but all units within the development bounded by Erie Avenue, Zimmerman Avenue, Bridge Street and Queen Street will have balconies with 2 sq.m. Recommendation: Staff recommend that as a condition, a minimum of 2 sq.m. of balcony space be provided in addition to the 2 sq.m. of indoor space and 2 sq. m. of outd oor space for the lands bounded by Erie Avenue, Zimmerman Avenue, Bridge Street and Queen Street and that all other lands be subject to the amenity space requirements in the CB6 and CB3 zones. Parking/Bicycle Parking The proposed reduction in parking to 0.6 spaces per dwelling unit causes some concerns as the City’s transit infrastructure and the City’s commercial core is not able to effectively support the residents of this development at this time. The secondary plan policies however do speak to consideration of alternative parking requirements for mixed use and high density developments supported by a Parking Demand Analysis report completed to the satisfaction of the City. Recommendation: Staff suggest that as a condition, the developer submits a parking demand analysis report to justify the 0.6 spaces per dwelling unit parking ratio and that the developer be permitted to construct the podium and the first two towers of the development only . After full occupancy, the parking capacity/need will need to be re -evaluated through a subsequent study to confirm if the 0.6 spaces per unit is still an acceptable parking ratio for the overall development. Both reports will require Municipal Works approval. The reduction to bicycle parking is not a concern for staff. If an issue arises where there is insufficient bicycle parking for the developments, this type of parking can be accommodated in dwelling units. Floor plate and Tower Separation The proposed increase to the maximum floor plate and the reduction to the tower separation by 5 metres are minor deviations that will not negatively impact the design. Heritage Page 5 of 14 Page 594 of 751 The subject lands have designated heritage structures on site and staff are concerned the with the impact of the new buildings on the heritage structures in the area. Recommendation: Staff would request that a condition be included in Council's resolution to request that a heritage impact study be submitted as part of site plan approval. Road Widenings The City’s Secondary Plan requires that road widenings be accommodated in accordance with Section 4.27.1 of the City’s Official Plan. Based on the preliminary draft by-law prepared by the consultant it is unclear if this will be met in all instances. This should be included as a condition to ensure that the public realm amenities can be accommodated now and in the future. Recommendation: That a condition be included in Council's resolution to state that future road widenings in accordance with Section 4.27.1 are not hindered by the proposed development. Other changes There are a few other minor requests such as a reduction of front yard depth, reduction to minimum exterior side yard depth, maximum lot coverage, maximum length of building. The requested changes are minor requests and support the commercial ground floor moving closer to the street and support the utilization of the block more efficiently. The process for the MZO is not formally laid out by the Province, but the standard practice is to request the MZO in writing to the Minister along with a council resolution. Staff have provided recommendations to Council and should they wish to pass a resolution to support the MZO to the Minister of Municipal Affairs and Housing, staff request that it be done with the recommended conditions to ensure the development of these lands do not negatively impact the streetscape, the pedestrian realm, the history of the area, parking supply, amenity space and future road widenings and that it provides a long term positive community benefit. Operational Implications and Risk Analysis Staff will monitor the impacts of the proposed development on municipal parking facilities over the long term. No other operational impacts are anticipated. Financial Implications/Budget Impact Page 6 of 14 Page 595 of 751 There are no financial implications associated with the proposed Minister's Zoning Order. Strategic/Departmental Alignment The proposed request for a Minister's Zoning Order supports the Council's strategic vision to promote a vibrant and diverse economy downtown. List of Attachments Attachment 1: Letter re MZO March 14 2022 Written by: Kira Dolch, Director of Planning, Building & Devlopment Submitted by: Status: Jason Burgess, CAO Approved - 17 Mar 2022 Page 7 of 14 Page 596 of 751 March 12, 2022 Mayor and Members of Council City of Niagara Falls, Niagara Falls, ON Dear Mayor Diodati and Members of City Council: RE: Downtown Niagara Falls – GO Transit Station Secondary Plan Area We are writing this letter to you in regard to the GO Transit Station Secondary Plan Area and several blocks which are located within the Secondary Plan Area. NPG Planning Solutions Inc. are the planning consultants to the owners/future applicants for redevelopment of these blocks. Our clients are pursuing redevelopment of several blocks in the GO Transit Station Secondary Plan Area for future housing and mixed-use development. The blocks can generally be described as the central/higher density blocks (outlined in blue) and two blocks at the eastern edge of the GO Transit Station Secondary Plan Area (outlined in hatching). A map showing the areas we are addressing is below. Lands highlighted in blue are the higher density area; lands with the hatching are proposed for higher density but are proposed to provide a gradation of density and height towards the Niagara River. The lands have been designated for growth and redevelopment in the GO Transit Station Secondary Plan. The land use designation in the Secondary Plan is Mixed Use 1 – Downtown for the central four blocks. This designation is for the higher density development in the GO Transit Station Area. Our clients are supportive of the planned growth in downtown Niagara Falls for this area. Page 8 of 14 Page 597 of 751 2 Figure 1 – Subject Lands Our clients have been working on advancing detailed plans for the development of the first block (Queen, Erie, Park, Zimmerman block) to achieve new housing, new street retail businesses on Queen Street; a mix of housing sizes and types; and development through four towers on the block with significant amenity and open space areas. Overall, the proposed redevelopment will provide over 1,700 new housing units in this block when the full block is built out. In addition to the new housing and retail spaces, the proposed redevelopment of the first block includes significant commitments to excellence in architectural design. These commitments will continue for the entire area outlined in Figure 1. For the first block, four towers are proposed on the site with a tower floor plate that balances providing new housing in the towers with architectural design. The podium of each building integrates on-site parking and bicycle parking. The podium design is located closer to the street so that the tower portion of each building may be set back to achieve the superior Page 9 of 14 Page 598 of 751 3 design in terms of tower separation. Particular attention is being paid to the street frontages – retail frontage on Queen Street; townhouse type units on Park Street; and access to the retail and amenity areas from each of the four streets. Our clients have engaged a broad based leading team of professional consultants to prepare an integrated application for the appropriate development standards for the first block. We are aware that the City’s implementing Zoning By-law has been appealed. We believe there is a solution that allows the appeal process to be addressed while our client’s project advances. As you are aware, Ontario faces a significant need for additional housing. Recent reports from the Province confirm the deficiency and the need for solutions that advance new housing being built. The redevelopment of the GO Transit Station Area lands identified in this letter is one such solution because: • The GO Station Transit Secondary Plan was completed through a full public process and review to identify the development approach for this Major Transit Station Area; • Major Transit Station Areas are a key focus area for growth in Ontario including eliminating any appeal of Official Plan policies related to Major Transit Station Areas; • The draft of the new Niagara Region Official Plan includes Major Transit Station Areas as strategic growth areas in the Region; • This advances new housing 5 minutes from the Niagara Falls GO Station leverages the investment in GO transit service made by the Province of Ontario; • This supports transit in Niagara through GO Transit and the forthcoming integrated transit model for Niagara; • This is reinvestment in Queen Street – the historic downtown retail street in Niagara Falls. We are seeking the City’s support to request a Ministerial Zoning Order under the Planning Act. The request would allow the redevelopment process to proceed in concert with the City, working collaboratively to update the zoning standards for these blocks through the Minister’s process. We are committed Page 10 of 14 Page 599 of 751 4 to working with the City of Niagara Falls on developing appropriate zoning standards through the Minister’s regulation. Our clients have advanced plans for these blocks. The plans are largely integrated with and implement the City’s “CB6” Zone provisions as adopted in By-law 2021-40 and “CB3” Zone provisions for the eastern two blocks. However, in preparing these plans, certain adjustments to the adopted By-law have been noted and are included in the Appendix, together with the rationale for each, to this letter. We request that these revised provisions be incorporated into the request for the Ministerial Zoning Order together with the CB6 and CB3 Zoning passed by the City in By-law 2021-40. The request for the Ministerial Zoning Order requires the support of Niagara Falls City Council. We recognize this is an important matter for the City. However, we believe the public interest is being served by advancing this project that is largely aligned to the work the City and Region have completed in the GO Transit Station Secondary Plan. The proposed revisions to the zoning of this block achieves the goals, objectives and policies of the GO Transit Station Secondary Plan: • Concentrating mixed use on Queen and Park Streets; • Enhancing downtown Niagara Falls through eyes on the street and adjacent to the City’s major downtown open spaces; • Animating the street level through street level retail, windows and doors fronting onto the streets; • Integrating transit supportive active transportation and cycling infrastructure in the redevelopment and each of the four buildings; • Supporting the public realm design of Erie Street between Queen Street and Park Street; • Advanced public realm enhancement to the redevelopment, the commercial areas, and the overall development; • Implementing the Structured Parking policies of the GO Transit Station Secondary Plan; • Incorporating façade design that faces the street; • Enhanced podium and tower design beyond the minimum requirements in the Secondary Plan; and, • Enhancing tower separation to address wind and shadow mitigation. Page 11 of 14 Page 600 of 751 5 The MZO would permit the advancement of the standard Site Plan Control application process to ensure appropriate design and standards for the proposed development. The redevelopment of this area will be supported by investment in community benefits by our client. This includes Privately Owned Public Spaces (“POPS”) which is a leading approach to integrating accessible open space in private developments. The POPS approach allows amenity for both residents of the development and the general public. Our clients will also be implementing Transportation Demand Management Solutions on the sites through measures such as car share, local shuttle service to destinations in Niagara Falls, achieving the City’s required bicycle parking standards for the developments; and integrating active transportation access to the buildings/sites in each development. Superior architectural design is a key approach for these redevelopments. This includes a focus on the pedestrian at the street level; using the podium/tower design philosophy to balance new housing with the street level experience; tower separation; appropriate floor plates of the towers to permit skyline and sunlight access to the street and public spaces; and attention to the skyline features to enhance the skyline of downtown Niagara Falls. Thank you for your consideration of this request. We would be pleased to work with the City to advance this important redevelopment in the City’s Major Transit Station Area, to build new housing in downtown Niagara Falls, and to advance the enhanced architectural design in the downtown. Sincerely, Mary Lou Tanner, FCIP, RPP Principal Planner NPG Planning Solutions Inc. C 289 776 8904 mtanner@npgsolutions.ca Page 12 of 14 Page 601 of 751 6 PROPOSED ZONING REVISIONS – CB6 ZONE AND CB3 ZONE: 1. Increase height to a maximum of 40 storeys (CB6 Zone) – the increased height, together with the increased podium height, allows for a consistent approach to the skyline and providing additional housing in downtown Niagara Falls. The additional housing provides additional customers for downtown businesses. Development of Major Transit Station Areas in other communities has shown that increased housing leads to increased jobs in the area. 2. Increase height to a maximum of 25 storeys (CB3 Zone) – the increased height together with appropriate urban design allows for a gradation of built form towards the Niagara River, incorporating appropriate podium/tower design, supporting additional housing, and providing views to the Niagara River for these buildings. This is enhanced urban design through the design of these blocks. 3. Increase podium height to a maximum of 6 storeys – this request is appropriate given the bedrock in the area (limiting the number of underground parking levels) and the requirement for on site parking. This podium height includes parking on the interior with residential units and ground floor retail at the front of each building for the majority of the floors, ensuring the parking is not visible from the street. 4. Establish a Maximum Floor Plate Area of 920m2 – this floor plate is more consistent with current urban design practice – creating a floor plate that provides increased access to sunlight between towers. 5. Amenity Area for Residential 2m2 (Indoor) & 2m2 (Outdoor) – this block is an integrated redevelopment that provides a mix of indoor and outdoor amenity. There is a significant commitment to accessible spaces for the public from the street level with access to the retail spaces throughout the site. This design approach creates a walkable integrated retail pedestrian environment throughout the site, achieving goals of activating public spaces and creating active transportation opportunities to integrate with the street level activity and access throughout the MTSA. 6. Parking Residential = 0.6/unit & Bicycle = 0.35/unit – these parking provisions must be considered together. The vehicle parking reduction is appropriate given the downtown location and the proximity to the GO Station and Niagara Regional Transit. Further, the bicycle parking provisions support dual goals of reducing reliance on automobiles and Page 13 of 14 Page 602 of 751 7 providing the active transporation infrastructure stipulated in the GO Transit Station Seconday Plan Area. 7. Minimum Tower Separation of 25m – Together with the reduced tower floor plate, this separation distance provides adequate spacing between towers to allow sunlight penetration and views of the sky. Page 14 of 14 Page 603 of 751 1 Heather Ruzylo Subject:Comments for march 22 meeting regarding PBD-2022-27 and the MZO support request From: Niagara Tinting <niagaratinting@niagaratinting.com> Sent: Tuesday, March 22, 2022 8:25 AM To: CouncilMembers <councilmembers@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Margaret Corbett <mcorbett@niagarafalls.ca>; Raymond Spiteri <Raymond.Spiteri@niagaradailies.com>; tamara <tamara.zwarycz@ontario.ca>; steve.clark@pc.ola.org; Planning Emails <planningemails@niagarafalls.ca> Cc: angus.scott@niagaradailies.com; sandie.bellows@niagararegion.ca; jim.bradley@niagararegion.ca; barbara.butters@niagararegion.ca; dave.bylsma@niagararegion.ca; frank.campion@niagararegion.ca; pat.chiocchio@niagararegion.ca; george.darte@niagararegion.ca; betty.disero@niagararegion.ca; sandra.easton@niagararegion.ca; kelly.edgar@niagararegion.ca; wayne.fertich@niagararegion.ca; robert.foster@niagararegion.c; bob.gale@niagararegion.ca; kevin.gibson@niagararegion.ca; barbara.greenwood@niagararegion.ca; brian.heit@niagararegion.ca; diana.huson@niagararegion.ca; tom.insinna@niagararegion.ca; laura.ip@niagararegion.ca; jeff.jordan@niagararegion.ca; marvin.junkin@niagararegion.ca; peter.nicholson@niagararegion.ca; wayne.redekop@niagararegion.ca; tim.rigby@niagararegion.ca; walter.sendzik@niagararegion.ca; bill.steele@niagararegion.ca; terry.ugulini@niagararegion.ca; leanna.villella@niagararegion.ca; tim.whalen@niagararegion.ca; albert.witteveen@niagararegion.ca; gary.zalepa@niagararegion.ca; CouncilMembers <councilmembers@niagarafalls.ca>; info@downtownacton.ca; Raymond Spiteri <Raymond.Spiteri@niagaradailies.com> Subject: Re: Comments for march 22 meeting regarding PBD-2022-27 and the MZO support request To whom I may concern (Clerks Department), please don’t use a policy that this letter of comments was delivered to late for attachment to the meeting agenda, you attached my comments of the By-Law 2021-40 with the same notice. The notice of this event should have been sent directly to me as soon as it was received as it directly impacts the By-Law-2021-40 appeal before the OLT. To not do so now will be somewhat hypocritical of the open and transparent policies of government public meetings. From: Niagara Tinting Sent: Monday, March 21, 2022 6:36 PM To: council ; Bill Matson Subject: Fw: Comments for march 22 meeting regarding PBD-2022-27 PBD-2022-27 Request for Council Resolution for a Minister's Zoning Order for lands bounded by Erie Road, Bridge Street, Queen Street and River Road Bill and Council please have this letter attached as comments to the march 22 meeting concerning the topic above. This attempt to circumvent the natural ongoing appeal process of By-Law 2021-40 is disgraceful. Page 604 of 751 2 I am VERY knowledgeable about the MZO process, I did after all submit a request to Council/Bill Matson to consider supporting such an application for my own property recently. I will be very opposed to this process at this time, and the various authorities having jurisdiction will be made aware of this. They don’t hand these out like candy. As an appellant to By-Law 2021-40 I should have been made aware of and have been consulted on this matter. Just this alone can prevent a MZO approval less alone the opposition of the same general public of By-Law 2021-40. “Council votes 20-1 to request the province issue an MZO for the modular project at 20 Bracebridge Avenue in East York.” “Municipal Affairs and Housing Minister Steve Clark, who is responsible for issuing the MZO, said in a statement that the Ministry was “not satisfied that proper consultation” was done by the City with members of the community who would be “impacted.”” You don’t seem to take to heart the information I provide to you on planning matters that involve my interests and those of others and the rights I have to express my dissatisfaction. I am now again providing you information that you should at least defer this to another meeting if not decline to approve it outright, you really need to consider the consequences of your actions in this matter. The mere revelation of this request will no doubt frustrate the ongoing By-Law 2021-40 appeal, should you actually approve the request it will certainly escalate the frustration of both events. This letter and the information presented to Council on this matter will be forwarded to the OLT and Municipal Affairs and Housing Minister Steve Clark. The various authorities having jurisdiction in is matter will be made full aware of the interaction of the ongoing appeal and this MZO request and the opposition to it. I personally wish to convey this message to the Council. If you support this, you risk the opinion that Council is showing their disregard for the Ontario Land Tribunal Appeal process and it is willing to support forcibly imposing the will of corporate developers on the citizens of the down town core. In your statements during the By-Law 2021-40 process you reassured people that their properties would not be expropriated, this MZO request is tantamount to trying to expropriate By-Law provisions that were not agreed upon and are being challenged at this very moment. The audacity of these developers to request councils participation is simply disgraceful. There is nothing stopping them from applying for the MZO on there own initiative, Councils support is not required. Even if you disregard what I have said and approve this process, it will never complete in this Council's term and in this precarious moment in time, being an election year, the voters will truly be able to pass judgment on your actions and that judgment with have real consequences this time around. Council is racking up a lot of disappointments, the failure of the passing By-Law 2021-40, no appreciable affordable housing completions, the creation of a $2 million crater in the center of downtown to name a few, the list is quite long, you may Page 605 of 751 3 want to consider not adding another, that is, if you don’t share the same outlook as Councilor Wayne Campbell who by his own words stated “ I don’t care if I get re-elected.” in the letter below he wrote to me recently . Thank you for bringing this to my attention,……. What do you mean”bringing this to my attention”??!! Are you trying to tell me that you have no conscience memory of walking out with those documents?? “I believe the document in question still sits in a pile of papers, in a folder, on a shelf somewhere.” What do you mean “ you believe!!?? How can you possibly say “I reassure you that is secure and has not been read outside of the BIA office, when “you “believe it is secure”!! Why have you not returned it rather than saying “you of course may have the handout back if you desire.” “I commend your honesty and bravery to admit you were unaware”. This has got nothing to do with being a lessor politician !!!! I call a spade a spade. I don’t care if I get re-elected. I make choices on what is best for the people I represent. You made a choice when you walked out with those documents. It had nothing to do with “that you were “ unaware of the practice members of the public were not permitted to take the handout .”!!!!! Thank You 𝒲𝒶𝓎𝓃𝑒 𝒞𝒶𝓂𝓅𝒷𝑒κκ Councilor, City of Niagara Falls Joedy Burdett Niagara Tinting 4480 Bridge St Niagara Falls, on L2e 2r7 Page 606 of 751 R&C-2022-06 Report Report to: Mayor and Council Date: March 22, 2022 Title: Canada Day 2022 Recommendation(s) That Recreation & Culture staff coordinate and deliver the Canada Day 2022 parade. Executive Summary The Recreation & Culture Department annually organizes and hosts many City-wide events and programs to engage the community. Currently, the department is under- going various Staff changes due to retirements and reorganization of duties. At this time, it is recommended that staff coordinate the 2022 Canada Day parade only. The downtown BIA may provide additional activities following the parade. Background The Canada Day Celebrations have been one of the City’s signature events over the past 50 years. Previously coordinated by the Niagara Falls City Council Civics Committee, activities were planned over a week-long period to commemorate the Dominion of Canada. The Civics Committee carried on annual celebrations with the help of City Staff to deliver family fun activities throughout the City on an annual basis. This tradition has carried on for decades and continues to now be a one -day celebration coordinated by Recreation and Culture Staff with the help of the Canada Day Celebrations Volunteer Planning Team. This event, has taken place at the former Optimist Park and along the downtown core of the City for the past several years. Recently, due to the current pandemic and effect on the economy, staff retirements and on-going expansion of municipal facilities, the department has found that in order to deliver a successful Canada Day Celebrations in 2022, they will need focus on a quality parade only with no post parade entertainment. R&C staff also plan to implement Canada Day themed activities at the five outdoor pools and at the Museums on July 1st. Through on-going dialogue with staff, The Niagara Falls Downtown BIA has indicated interest in keeping the Canada Day Celebrations in the downtown core for 2022 and is willing to assist with the 2022 parade and to discuss coordinating future Canada Day parades. Analysis The Queen Street Downtown BIA expressed interest to coordinate the Canada Day 2022 parade and celebrations. To deliver a high-quality event the BIA requested additional Page 1 of 5 Page 607 of 751 funds for staffing. Due to current city budget limitations additional funds were not available. In past years, city staff enhanced the Canada Day budget with local sponsorships and grant dollars. Challenging year to acquire sponsorship dollars with many businesses still in recovery mode due to COVID shutdowns and restrictions. Financial Implications/Budget Impact Based on the approved 2022 budget, materials expenses are budgeted at $46,000 and revenues budgeted at $20,000 (sponsorships). The actual cost to the taxpayer is $26,000. Due to the budget impact, additional funds as requested by the Downtown BIA are not available. Strategic/Departmental Alignment The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, healthy, and creative community. Through a one year fee for service agreement, the City will continue to help to enhance a sense of community for our residents and visitors. List of Attachments R&C-2022-03-Canada Day Celebrations Fee For Service Written by: Kathy Moldenhauer, Director of Recreation & Culture Submitted by: Status: Jason Burgess, CAO Approved - 16 Mar 2022 Page 2 of 5 Page 608 of 751 R&C-2022-03 March 1, 2022 REPORT TO:Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY:Recreation & Culture SUBJECT: R&C-2022-03 Canada Day Celebrations Fee for Service RECOMMENDATION 1. That Council approve the delivery of the Canada Day Celebrations as a Fee for Service for 2022. 2. And that the Niagara Falls Downtown BIA be contracted to provide this service. EXECUTIVE SUMMARY The Recreation & Culture Department annually organizes and hosts many City-wide events and programs to engage the community. Currently, the department is under- going various Staff changes due to retirements and reorganization of duties. At this time, it is recommended to source a competent third party organization to oversee some events and programs such as the Canada Day Celebrations. With the Niagara Falls Downtown BIA actively employing a special events team, it was determined that the BIA would be the best fit for this event in 2022 until new City Staff can be put in place to manage this event beyond starting in 2023. BACKGROUND The Canada Day Celebrations have been one of the City’s signature events over the past 50 years. Previously coordinated by the Niagara Falls City Council Civics Committee, activities were planned over a week-long period to commemorate the Dominion of Canada. The Civics Committee carried on annual celebrations with the help of City Staff to deliver family fun activities throughout the City on an annual basis. This tradition has carried on for decades and continues to now be a one-day celebration coordinated by Recreation and Culture Staff with the help of the Canada Day Celebrations Volunteer Planning Team. This event, has taken place along the downtown core of the City for the past several years. Page 3 of 5 Page 609 of 751 2 R&C-2022-03 March 1, 2022 Recently, due to the current pandemic and effect on the economy, staff retirements and on-going expansion of municipal facilities, the department has found that in order to deliver a successful Canada Day Celebrations in 2022, they will need to temporarily recruit outside resources to plan and execute the event. This process is essential to help due to role changes that were needed to be completed in order to help prepare for the opening and operating of 2 new large recreational and cultural facilities (MacBain Community Centre and the Niagara Falls Exchange). Currently, the department’s priority is to determine how these community events and programs can be delivered while accommodating other primary needs that are existing. Through on-going dialogue with staff, The Niagara Falls Downtown BIA has indicated interest in keeping the Canada Day Celebrations in the downtown core for 2022 and is willing to coordinate and execute the event on a fee for service basis. The proposed 2022 fee for service agreement will help as a stop-gap solution while appropriate recreation staffing resources are put in place to efficiently manage larger scale events in the future. ANALYSIS/RATIONALE Recently, The Niagara Falls Downtown BIA coordinated the Santa Claus Parade on a fee for service basis. The event was considered successful and indicated that the organization can handle planning and executing large scale events. The Niagara Falls Downtown BIA is the preferred candidate to take over the Canada Day Celebrations for 2022 as this will ensure the inclusion of the event within the City of Niagara Falls for residents and visitors to enjoy in the same location that it has been hosted for the last several years. The Niagara Falls Downtown BIA has proven to be capable partner in hosting events in the downtown core and is now well equipped with a new events team and strong leadership to manage events such as the Canada Day Celebrations. By transferring over the event to them for 2022, the City will be able to maneuver existing City Staff duties to other new priorities. This agreement will help to alleviate pressure from existing City Staff resources in a time of transition. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City will continue to support the Canada Day Celebrations through a Fee for Service payment to the Niagara Falls Downtown BIA for the sum of $46,000 for 2022. This sum is identical to the allocation of funds for expenses to the Recreation & Culture Department to develop, organize and implement the event in 2021. Based on the approved 2022 budget, materials expenses are budgeted at $46,000 and revenues budgeted at $30,000 (sponsorships). The actual cost to the taxpayer is $26,000, budget sheet is attached. Due to the budget impact, additional funds as requested by the Downtown BIA are not available. If the city receives any grant dollars, the grant will be used to reduce the financial impact to the taxpayer. Page 4 of 5 Page 610 of 751 3 R&C-2022-03 March 1, 2022 Additional in-kind support will be granted to the Niagara Falls Downtown BIA including waiving of permit fees, road closures, event supplies and promotional support. A City Staff liaison will be made available to consult on issues related to the event. CITY’S STRATEGIC COMMITMENT The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, healthy, and creative community. Through a one year fee for service agreement, the City will continue to help to enhance a sense of community for our residents and visitors. ATTACHMENT 1. Fee for Service Agreement – Niagara Falls Downtown BIA; 2. Letter of support from Downtown BIA Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 5 of 5 Page 611 of 751 R&C-2022-03 March 1, 2022 REPORT TO:Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY:Recreation & Culture SUBJECT: R&C-2022-03 Canada Day Celebrations Fee for Service RECOMMENDATION 1. That Council approve the delivery of the Canada Day Celebrations as a Fee for Service for 2022. 2. And that the Niagara Falls Downtown BIA be contracted to provide this service. EXECUTIVE SUMMARY The Recreation & Culture Department annually organizes and hosts many City-wide events and programs to engage the community. Currently, the department is under- going various Staff changes due to retirements and reorganization of duties. At this time, it is recommended to source a competent third party organization to oversee some events and programs such as the Canada Day Celebrations. With the Niagara Falls Downtown BIA actively employing a special events team, it was determined that the BIA would be the best fit for this event in 2022 until new City Staff can be put in place to manage this event beyond starting in 2023. BACKGROUND The Canada Day Celebrations have been one of the City’s signature events over the past 50 years. Previously coordinated by the Niagara Falls City Council Civics Committee, activities were planned over a week-long period to commemorate the Dominion of Canada. The Civics Committee carried on annual celebrations with the help of City Staff to deliver family fun activities throughout the City on an annual basis. This tradition has carried on for decades and continues to now be a one-day celebration coordinated by Recreation and Culture Staff with the help of the Canada Day Celebrations Volunteer Planning Team. This event, has taken place along the downtown core of the City for the past several years. Page 612 of 751 2 R&C-2022-03 March 1, 2022 Recently, due to the current pandemic and effect on the economy, staff retirements and on-going expansion of municipal facilities, the department has found that in order to deliver a successful Canada Day Celebrations in 2022, they will need to temporarily recruit outside resources to plan and execute the event. This process is essential to help due to role changes that were needed to be completed in order to help prepare for the opening and operating of 2 new large recreational and cultural facilities (MacBain Community Centre and the Niagara Falls Exchange). Currently, the department’s priority is to determine how these community events and programs can be delivered while accommodating other primary needs that are existing. Through on-going dialogue with staff, The Niagara Falls Downtown BIA has indicated interest in keeping the Canada Day Celebrations in the downtown core for 2022 and is willing to coordinate and execute the event on a fee for service basis. The proposed 2022 fee for service agreement will help as a stop-gap solution while appropriate recreation staffing resources are put in place to efficiently manage larger scale events in the future. ANALYSIS/RATIONALE Recently, The Niagara Falls Downtown BIA coordinated the Santa Claus Parade on a fee for service basis. The event was considered successful and indicated that the organization can handle planning and executing large scale events. The Niagara Falls Downtown BIA is the preferred candidate to take over the Canada Day Celebrations for 2022 as this will ensure the inclusion of the event within the City of Niagara Falls for residents and visitors to enjoy in the same location that it has been hosted for the last several years. The Niagara Falls Downtown BIA has proven to be capable partner in hosting events in the downtown core and is now well equipped with a new events team and strong leadership to manage events such as the Canada Day Celebrations. By transferring over the event to them for 2022, the City will be able to maneuver existing City Staff duties to other new priorities. This agreement will help to alleviate pressure from existing City Staff resources in a time of transition. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City will continue to support the Canada Day Celebrations through a Fee for Service payment to the Niagara Falls Downtown BIA for the sum of $46,000 for 2022. This sum is identical to the allocation of funds for expenses to the Recreation & Culture Department to develop, organize and implement the event in 2021. Based on the approved 2022 budget, materials expenses are budgeted at $46,000 and revenues budgeted at $30,000 (sponsorships). The actual cost to the taxpayer is $26,000, budget sheet is attached. Due to the budget impact, additional funds as requested by the Downtown BIA are not available. If the city receives any grant dollars, the grant will be used to reduce the financial impact to the taxpayer. Page 613 of 751 3 R&C-2022-03 March 1, 2022 Additional in-kind support will be granted to the Niagara Falls Downtown BIA including waiving of permit fees, road closures, event supplies and promotional support. A City Staff liaison will be made available to consult on issues related to the event. CITY’S STRATEGIC COMMITMENT The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, healthy, and creative community. Through a one year fee for service agreement, the City will continue to help to enhance a sense of community for our residents and visitors. ATTACHMENT 1. Fee for Service Agreement – Niagara Falls Downtown BIA; 2. Letter of support from Downtown BIA Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Jason Burgess, Chief Administrative Officer Page 614 of 751 F-2022-12 Report Report to: Mayor and Council Date: March 22, 2022 Title: Tax Receivables Monthly Report (February) Recommendation(s) That Council receive the Monthly Tax Receivables report for information purposes. Executive Summary This report is prepared monthly to provide Council with an update on the City’s property tax receivables. Outstanding taxes as at February 28, 2022 were $20.5 million compared to $27.3 million in 2021. During February, tax receivables as a percentage of taxes billed decreased from 27.6% in 2021 to 22.5% in 2022. The City’s finance staff has begun the collection process for properties that are subject to registration for 2022 as well as continuing the collection process for properties that were subject to registration for 2021. There are currently twenty properties scheduled for tax sale in the next two years. Background This report is being provided as part of the monthly financial reporting to Council by staff. Analysis Tax collection for 2022 is ahead of the collection history for 2021 for the month of February. Table 1 shows that taxes outstanding at February 28, 2022 are $20.5 million. This represents a decrease from $27.3 million in arrears for the same period in 2021. This table also breaks down the taxes outstanding by year. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for the residential and commercial property classes. Residential property taxes outstanding have decreased by $0.4 million compared to February 2021, and commercial property taxes outstanding have decreased by $6.2 million compared to February 2021. Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2022, 225 properties were subject to registration for 2022. Table 3 summarizes the progress of these actions after two months of activity. This table shows 68.4% of the tax accounts or 154 properties have been paid in full or the owners have made suitable payment arrangements. During February, 13 accounts were paid in full. Page 1 of 4 Page 615 of 751 Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of February, four properties were registered. The outstanding taxes for registered properties represent 0.9% of the total taxes to be collected. Financial Implications/Budget Impact Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at February 28, 2022 is 22.5%, which is a decrease of 2021’s value at 27.6%. The municipality has a record of full collection and earns penalty revenues to offset the higher measure. List of Attachments F-2022-12 - Attachment Written by: Jon Leavens, Acting Director of Finance Submitted by: Status: Jason Burgess, CAO Approved - 15 Mar 2022 Page 2 of 4 Page 616 of 751 TABLE 1 Taxes Receivable at February 28, 2022 2022 2021 Outstanding Taxes @ January 31, 2022 15,209,867$ 23,113,795$ Taxes Billed and Due February 28, 2022 49,752,478$ 49,452,731$ Penalty/Interest charged in February 202,147$ 107,048$ Taxes Collected during February 44,686,231$ 45,404,471$ Outstanding Taxes @ February 28, 2022 20,478,261$ 27,269,103$ Taxes Billed and Due April 30, 2022 49,752,478$ 49,452,731$ Total Taxes to be Collected 70,230,739$ 76,721,834$ Outstanding Taxes by Year: 3 Years and Prior 2,037,169$ 2,564,148$ 2 Year 2,753,614$ 3,170,019$ 1 Year 8,138,585$ 13,844,979$ Current 57,301,371$ 57,142,688$ Total 70,230,739$ 76,721,834$ TABLE 2 2022 2021 Variance Taxes Owing Taxes Owing ($) Residential 37,436,827$ 37,847,260$ (410,433)$ Multi-Residential 2,227,746$ 2,114,308$ 113,438$ Commercial 28,398,626$ 34,642,053$ (6,243,427)$ Industrial 2,030,639$ 1,993,461$ 37,178$ Farmlands 136,902$ 124,752$ 12,150$ Total Receivables 70,230,739$ 76,721,834$ (6,491,094)$ Taxes Receivable by Property Class at February 28, 2022 Page 3 of 4 Page 617 of 751 TABLE 3 Number of Properties Subject to % Registration as at February 28, 2022 Initial Amount (January 1, 2022)225 Paid in Full 31 13.8% Payment Arrangements 123 54.7% Ongoing Collection Action 71 31.6% Registered 0 0.0% 225 100.0% TABLE 4 July 2022 4 234,396$ May 2023 16 373,242$ Totals 20 607,638$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 4 of 4 Page 618 of 751 MW-2022-14 Report Report to: Mayor and Council Date: March 22, 2022 Title: Weaver Road – Speed Limit Review Recommendation(s) That the speed limit on Weaver Road between Niagara River Parkway and Ort Road be reduced from 70 km/h to 60 km/h. Executive Summary City Staff received a request to investigate reducing the speed limit on Weaver Road between Niagara River Parkway and Ort Road. The review concluded that lowering the posted speed limit from 70 km/h to 60 km/h is warranted due to existing physical road conditions. Municipal Works will engage with the City’s Communications team, prior to the installation of the new posted speed limits to provide advanced notice to the public. Staff will also collaborate with the Niagara Regional Police to further inform the public through an educational / warning period. Background City Staff received a request to investigate reducing the s peed limit on Weaver Road between Niagara River Parkway and Ort Road. Weaver Road is a rural roadway that extends 4.2 kilometres in an east -west direction between Niagara River Parkway and Ort Road. The pavement width varies from 6.1 metres to 6.3 metres. Narrow gravel shoulders and open ditches are present on both sides. The roadway has a straight alignment with a minor hill halfway between Willoughby Drive and Niagara River Parkway. The surrounding land uses are primarily residential and agricultural. The roadway posted speed limit is 70 km/h. Analysis A speed study carried out on Weaver Road identified that the operating speed is 78 km/h for both directions. The roadway carries approximately 370 vehicles daily. A collision analysis reveals that a collision problem does not exist on Weaver Road, in the previous three years. Page 1 of 4 Page 619 of 751 Speed limits are set according to the road geometry and the prevailing operating speed. Staff collected information on the physical attributes of the road under review, including but not limited to the lane widths, roadside hazards, horizontal and vertical road alignments, number of accesses and intersections, and pedestrian and cycling activity. An analysis of the information was conducted based on various criteria and guidelines outlined by the Transportation Association of Canada’s (TAC) Speed Limit Warrant and Geometric Design Guide for Canadian Roads, to determine an appropriate posted speed limit. Based on the result of the warrant, Staff recommends lowering the posted speed limit on Weaver Road between Niagara River Parkway and Ort Road from 70 km/h to 60 km/h. Financial Implications/Budget Impact The installation of the signs is to be carried out by Municipal Works - Transportation Services staff. The labour and material costs are accounted for in the approved 2022 General Purposes Budget. It is estimated that the cost to replace the speed limit signs is approximately $1,800. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. List of Attachments MW-2022-14 - Weaver Road - Speed Limit Review Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 11 Mar 2022 Jason Burgess, CAO Approved - 13 Mar 2022 Page 2 of 4 Page 620 of 751 MW-2022-14 Weaver Road Speed Limit Review Boundary for Section of Roadway with Proposed Adjustment to Speed LimitPage 3 of 4Page 621 of 751 MW-2022-14 Weaver Road Speed Limit Review Boundary for Section of Roadway with Proposed Adjustment to Speed Limit Speed limit signs shall be erected on the highway,in each direction of travel,not more than 600 metres apart 4.2 kms Page 4 of 4Page 622 of 751 MW-2022-15 Report Report to: Mayor and Council Date: March 22, 2022 Title: Drinking Water System Summary Report and Overview Recommendation(s) That Council receive and file Report MW-2022-15 regarding the Annual Drinking Water System Summary Report and Overview. Executive Summary In accordance with the Safe Drinking Water Act, each Municipal Council having jurisdiction over its water distribution system is required to receive and publish an Annual Summary Report prior to March 31 in each calendar year. This report provides technical data regarding the system’s performance. Additionally, attached is the Drinking Water Quality Management Standar d (DWQMS) Management Review which is to be provided to the system Owner annually. The Management Review evaluates the suitability, adequacy and effectiveness of the quality management system. The purpose of this report is to provide the Owners of the dr inking water system documentation confirming that the City is operating in accordance with all current legislation and is taking appropriate measures to guarantee the safety of the drinking water quality to all of its consumers. Background Athe year Each the illustrate to Council to presented report Summary nnual is effectiveness and performance of the drinking water system. The Annual Summary report provides detailed quantitative and qualitative information regarding the performance of the drinking water system. Analysis Highlights of the report include: • In 2021 Environmental Services responded to 50 watermain breaks, in 2020 there were 56 watermain breaks. Page 1 of 33 Page 623 of 751 • In Q2 of 2021 NSF-International performed a conformance audit on the City’s Drinking Water Quality Management System. Zero non-conformances were found during the audit. This document has been attached to this report for reference. DWQMS Management Review Annually the DWQMS Management Review takes place; it provides an overall picture as to the effectiveness and adequacy of the Drinking Water Quality Management System. Items of note from the Management Review Include: • Compliance rating of 100% during 2021 Ministry of the Environment Conservation and Parks inspection. • The City will continue involvement with Niagara Region on the new raw water intake location. • The City will continue the implementation of the backflow prevention program as resources become available, as recommended in the MECP inspection. During the internal audit of the Drinking Water Quality Management System a few administrative changes were suggested. None of these changes impact how the quality management system functions or how the water system operates. In May of 2021, drinking water systems were provided Directors Direction on the minimum requirements for Operational Plan. These directions were followed, and implemented, resulting in revision 6 of the City’s Operation Plan. Changes based on the Directors Direction and other updates were mostly administrative in nature and are outlined in attached document “Summary of Revision 6 Operational Plan Changes”. This document has been attached to this report for reference. Standard of Care It is important to mention Section 19 of the Safe Drinking Water Act, entitled Standard of Care, this section states – The Owner and/or each person on behalf of the Municipality that oversees the operating authority or exercises decision making authority over the system must exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonable prudent person would be expected to exercise in a similar situation. Section 19, in its entirety has been attached for reference. Page 2 of 33 Page 624 of 751 Water System Indicators As stated above, the City had a reduced number of watermain breaks in 2021. The number of watermain breaks fluctuate annually based on a variety of factors including weather, ground water table and capital infrastructure projects. The Graph below illustrates watermain break history since 2011. It should be noted that the remaining Cast Iron watermains in the system are the major cause of watermain breaks and should continue to be the focus of capital replacement projects. Since 2010, the City has increased its overall length of watermain by approximately 64 km to a total of 485 km. PVC is currently the highest percentage material type of watermain from a system perspective. However, this value is skewed by the increase in new development since 2010. The City still has a significant portion of its watermains being of made of Cast Iron and Ductile Iron representing approximately 47% of the overall system. It should be noted that some portions of cast iron watermain are over 100 years old, still in active service and are being relied on to providing residents with drinking water and support fire suppression in the event of an emergency. Page 3 of 33 Page 625 of 751 Other Performance Indicators The City uses an American Waterworks Association template to assess our annual water distribution system leakage index. As evidenced in the below graphic the City’s estimated leakage index value for 2021 is 2.66 which is slightly higher than in 2020. Natural variability, and the lower wholesale/retail volumes due to reductions in water consumption due to the COVID-19 pandemic is likely skewing the leakage results; however, given these results Staff will closely monitor ongoing water-loss trends to proactively mitigate losses. Operational Implications and Risk Analysis Page 4 of 33 Page 626 of 751 In accordance with the Safe Drinking Water Act, the Annual Summary Report must be received by the drinking water system owner by a date of no later than March 31 of the following year. Failure to submit this would contravene the Safe Drinking Water Act. The drinking water quality management standard requires that the results of the Management Review be provided to the Owner on an annual basis. Failure to provide the results would initiate a non-conformance with the Standard. Strategic/Departmental Alignment This report is to ensure adherence to Provincial Legislation and is consistent with the Council’s strategic commitment to continually monitor the efficiency and effectiveness of the City’s operations. Contributor(s) Jessica Blanchard, Environmental Services Coordinator List of Attachments Attachment # 1 - 2021 City of Niagara Falls Distribution System Summary Report Attachment # 2 - DWQMS Management Review 2021 Attachment #3- Standard of Care Attachment #4- Ops Plan Rev 6 Summary Written by: Erik Nickel, Director of Municipal Works Submitted by: Status: Jason Burgess, CAO Approved - 16 Mar 2022 Page 5 of 33 Page 627 of 751 City of Niagara Falls Water Distribution System Annual Summary Report Period: January 1, 2021 to December 31, 2021 Waterworks Number: 260002304 Created February 2022 Page 6 of 33 Page 628 of 751 Table of Contents Introduction ........................................................................................................... 1 Waterworks Description ........................................................................................ 1 Compliance ........................................................................................................... 2 Municipal Drinking Water Licensing Program .................................................... 2 Safe Drinking Water Act .................................................................................... 3 Niagara Falls Water Quality Test Results .......................................................... 4 Adverse Water Quality Incidents and Actions.................................................... 4 Operational Activities ............................................................................................ 5 Flow Rates ............................................................................................................ 6 Definitions ............................................................................................................. 7 Page 7 of 33 Page 629 of 751 Water Distribution Summary Report 1 City of Niagara Falls Water Distribution Annual Summary Report Introduction In accordance with the Safe Drinking Water Act this report provides members of Niagara Falls Municipal Council, the legal Owners of the water distribution system with an annual summary report of actions that took place from January 1, 20 21 to December 31, 2021. In accordance with the Act, this report must list any time the City failed to meet the conditions and requirements of the Acts, Regulations, Approvals, Drinking Water Works Permits, Municipal Drinking Water Licences and Orders issued by the Ministry of the Environment, Conservation and Parks. For each requirement not met, the report must specify the duration of the failure and the measures taken to correct the failure. Additionally, the report must list the summary of the quantities and flows of the water supplied. Waterworks Description The City of Niagara Falls is a Class 2 water distribution system, which receives all treated water from the Regional Municipality of Niagara via the Niagara Falls Water Treatment Plant. The raw water source is surface water supplied from the Niagara River, via the Welland River. The distribution system consists of approximately 485 km of watermain, 3,080 fire hydrants and 5,005 valves owned and operated by the City of Niagara Falls. Additionally, there is 40 km of watermain owned and operated by Niagara Region. The size of watermains owned by the City of Niagara Falls range from 25mm to 450 mm in size. Additional information regarding the Niagara Falls Water Treatment Plant can be found on the Regional Municipality of Niagara website: http://www.niagararegion.ca/home.aspx Page 8 of 33 Page 630 of 751 Water Distribution Summary Report 2 Compliance Municipal Drinking Water Licensing Program As part of a recommendation made by Justice O’Connor during the Walkerton Inquiry, the Ministry of the Environment introduced the Municipal Drinking Water Licensing Program. This program requires the Drinking Water System Owner (City of Niagara Falls) to obtain a licence to operate their drinking water system. There are four components to each licence; the Drinking Water Works Permit, Implementation of a Drinking Water Quality Management System, Accreditation of the Quality Management System and preparation of a Financial Plan. • Drinking Water Work Permit allows the Municipality to alter, add, replace, modify and extend the drinking water based on a series of predefined conditions. • Drinking Water Quality Management System (DWQMS) is a series of 21 elements that address all aspects of a water system. The overall goal of the DWQMS is continuous improvement with respect to planning, operating and reviewing the drinking water system. Through the creation of an operational plan the drinking water system Owner demonstrates the ability to operate a safe and effective drinking water system, while continuously monitoring performance and compliance via internal and external audits. • Accreditation of the Quality Management System is achieved through internal and external audits, the goal of these audits are to ensure that the Owner is following the processes and procedures laid out in the operational plan. The City of Niagara Falls has enlisted NSF International to act as the Quality Management System accreditation body. • Ontario Regulation 453/07, Safe Drinking Water Act requires that each Owner prepare a Financial Plan for the drinking water system. The City has retained a consultant to aid in the preparation of the Financial Plan. In 2021, the City’s Drinking Water Quality Management System was audited by NSF-ISR. Zero non-conformances were found during this audit, allowing the City to continue their accreditation, meeting the requirements of the Safe Drinking Water Act, 2002. Page 9 of 33 Page 631 of 751 Water Distribution Summary Report 3 Safe Drinking Water Act To remain compliant with the Safe Drinking Water Act, the City performs a minimum of 96 microbiological samples a month. Each of these samples is taken from a different location, providing a diverse profile of the water distribution system. Disinfection levels showing free chlorine residuals are also taken at the time of each sample; ensuring proper disinfection levels are maintained. The City takes additional free chlorine residuals throughout the week, again to ensure proper disinfection levels are maintained. In 2021, the City was again granted temporary relief from microbiological sampling, due to the continuing Covid-19 pandemic. A minimum of 68 microbiological samples were performed monthly from January 2021 to December 2021, as approved by the Ministry. The City also takes water samples testing for elevated levels of trihalomethanes (THM), a chlorine disinfection by-product. The City takes these water samples from areas where the formation of THM would most likely occur. In 2018, a clarification to the Ministry guidance document for HAA sampling occurred, which will required the City to test for Haloacetic Acids (HAA) at two separate locations (previously one location) beginning in 2019, which was and continues to be satisfied. HAA similar to THM is a chlorine disinfection by -product. The City and Niagara Region keep in close communications regarding these test results. The Ministry of the Environment, Conservation and Parks has also provincially mandated a Community Lead Testing Program. The City has been granted permission, by the Ministry of the Environment, Conservation and Parks to reduce the number of lead samples taken per sampling window due to the ratio of results that meet the Provincial Water Quality Objectives, compare to the samples that do not. The sampl e numbers have been reduced to 20 resident samples, 4 distribution system samples and 2 non- residential samples as per Table 2 of Schedule D of the City of Niagara Falls Distribution System Municipal Drinking Water Licence. This must be done once between December 15 and April 15 and again June 15 to October 15 , on an ongoing cycle. In 2021, the City was granted further temporary relief from lead sampling, due to the continuing Covid-19 pandemic of 6 residential samples and 2 distribution samples per sampling period. This was achieved in 2021. All the aforementioned samples, in accordance with the Act must be taken by an individual with a Water Operators licence or a Water Quality Analyst licence . These licences are distributed by the Ontario Water Wastewater Certification Office, in accordance with Ontario Regulation 128/04, Safe Drinking Water Act. Samples are then taken to a Ministry of the Environment, Conservation and Parks approved laboratory. Laboratories must meet quality standards determined by the Ministry of the Environment Parks and Conservation and are audited by the Canadian Association for Laboratories Accreditation. In the event an incident occurs where water samples do not meet Provincial water quality standards, this is deemed an Adverse Water Quality Incident (AWQI). This is detailed further in the chart following entitled Adverse Water Quality Incidents and Actions. Page 10 of 33 Page 632 of 751 Water Distribution Summary Report 4 An Annual Drinking Water Report has been completed and is available free of charge to the public through the City website and at the Municipal Service Centre. Members of the public may also view water sample results at the Municipal Service Centre. On December 31, 2012 section 19 of the Safe Drinking Water Act, 2002. Section 19 entitled, Standard of Care came into force. This section requires the Owner of the Drinking Water System and each person with decision making authority to exercise th e level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation and to act honestly, competently and with integrity with a view ensuring the protection and safety of the users of the drinking water system. Section 19 has been listed as an attachment to the accompanying Council Report. Niagara Falls Water Quality Test Results Parameter MAC Number of Samples Range Comments Microbiological Analysis Escherichia Coli (E. Coli) CFU/ 100mL 0 1032 0 Indicates presence of fecal matter Total Coliforms CFU/ 100 mL 0 1032 0 Indicates the possible presence of fecal contamination Heterotrophic Plate Count (HPC) CFU/mL N/A 1032 0 – >300 Indication of overall water quality Chemical Analysis Trihalomethanes mg/L 0.10 mg/L 4 0.0160 - 0.0390 Average of Samples taken quarterly Haloacetic Acids mg/L 0.08 mg/L 8 0.0053 - 0.0077 Average of Samples taken quarterly Lead mg/L Residential and Non- Residential Plumbing 0.010 mg/L 13 <0.00003 - 0.00124 Lead services were used in construction prior to 1955. Distribution 0.010 mg/L 10 <0.00002 - 0.00045 City does not have lead watermains Disinfection Free Chlorine Residual mg/L 0.05 to 4.0 mg/L 1257 0.21 - 1.40 Level of disinfectant Adverse Water Quality Incidents and Actions Date Location Parameter Result Actions Date of Resolution Page 11 of 33 Page 633 of 751 Water Distribution Summary Report 5 In the event of an adverse water quality incident (AWQI), the City receives immediate notification from the laboratory. The City is then required as per Ministry of the Environment, Conservation and Parks regulations to verbal notify the Regional Public Health Unit and the Ministry of the Environment Spills Action Centre. Additionally, the City has chosen to contact our local Ministry of the Environment, Conservation and Parks Inspector to share this information. These individuals are then faxed the same information that was shared verbally. To ensure water safety with a microbiological or chemical exceedance, the City immediately sends a member of staff to flush the nearest fire hydrant, and take additional water samples at the source of the AWQI. In addition, in the instance of a microbiological exceedance, City immediately initiates sampling upstream and downstream of the AWQI. This upstream/downstream sampling occurs for two consecutive days at minimum until the City receives verbal notification from the laboratory that the water samples are all clear. In the above table, the column “Date of Resolution” indicates the date in which the City has received copies of the laboratory results and submits the “Notice of Resolution” to the Ministry of the Environment, Conservation and Parks and Public Health Unit. It should be noted that an Adverse Water Quality Incident does not indicate that the drinking water is unsafe; rather it indicates that with respect to that specific sample, the Provincial water quality objective was exceeded. In the event a lead result exceeds the Provincial standard, this result does not indicate system wide lead level, but rather at the specific sample site. Possible sources of lead include; lead solder, leaded brass fixtures and lead service lines. Prior to 1955 it was common to use lead water service lines as opposed to copper due to the malleability of lead. Properties that have lead results that exceed the Provincial standard are given an information package on ways to best reduce lead in their drinking water. The City of Niagara Falls experienced zero (0) AWQI’s in 2021. Operational Activities In 2021, the City of Niagara Falls experienced 50 water main breaks, compared to 56 in the previous year. With all water main breaks, the City follows a standard operating procedure, detailing the steps taken to repair the water main, while ensure water quality. Following Category 2 water main breaks, microbiological samples are taken upstream and downstream of the break; ensuring the break was repaired in such a way that water quality levels were not affected. Page 12 of 33 Page 634 of 751 Water Distribution Summary Report 6 Flow Rates 2021 Monthly Water Flow Rates (Mega Litres) Month Quantity (ML) January 1072.557 February 969.115 March 1099.411 April 1020.415 May 1265.264 June 1386.422 July 1336.091 August 1663.522 September 1298.075 October 1196.934 November 1105.778 December 1140.602 Total 14,554.186 Monthly Average 1,212.849 Daily Average 40.082 1 Mega Litre = 1,000,000 Litres Page 13 of 33 Page 635 of 751 Water Distribution Summary Report 7 Definitions MAC - Maximum Acceptable Concentration This is a health-related standard established for parameters which when present above a certain concentration, have known or suspected adverse health effects. The length of time the MAC can be exceeded without injury to health will depend on the nature and concentration of the parameter. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change. Revised January 2001. PIBS #4065e. Page 2.) mg/L - milligrams per litre (parts per million) cfu/100 mL - Colony Forming Units per 100 millilitres of sample µg/L - micrograms per litre (parts per billion) < - Less than > - Greater than Microbiological parameters (i.e. bacteria) - the source of bacteria may come from wastewater treatment plants, livestock operations, septic systems and wildlife. Microbiological analysis is the most important aspect of drinking water quality due to its association with dangerous waterborne diseases. (Paraphrased from Ontario Drinking Water Standards. Ministry of the Environment and Climate Change.) Total Coliform - the group of bacteria most commonly used as an in dicator of water quality. The presence of these bacteria in a water sample indicates inadequate filtration and / or disinfection. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change.) Escherichia coli (E. coli) - a sub-group of coliform bacteria. It is most frequently associated with recent fecal pollution. The presence of E. coli or fecal coliforms in drinking water is an indication of sewage contamination. (Ontario Drinking Water Standards. Ministry of the Environment and Climate Change) Heterotrophic Plate Count (HPC) - an estimate of the number of background bacteria present in the distribution system. It is not an indicator of fecal contamination, but more a general indicator of disinfection effectiveness and distribution system status with respect to biofilm presence and the influence of bacterial re-growth in the distribution system. Page 14 of 33 Page 636 of 751 Water Distribution Summary Report 8 Trihalomethanes (THM’s) - The maximum acceptable concentration (MAC) for Trihalomethanes (THMs) in drinking water is 0.10 mg/L based on a four quarter moving annual average of test results. Trihalomethanes are the most widely occurring synthetic organics found in chlorinated drinking water. The four most commonly detected Trihalomethanes in drinking water are chloroform, bromodichloromethane, chlorodibromomethane and bromoform. The principal source of Trihalomethanes in drinking water is the action of chlorine with naturally occurring organics (precursors) left in the water after filtration. Haloacetic Acid (HAA) - The Guidelines for Canadian Drinking Water Quality (GCDWQ) recommend a maximum acceptable concentration (MAC) of 0.08 mg/L for HAAs in drinking water, based on a locational running annual avera ge of a minimum of quarterly samples taken in the distribution system. The reported HAAs value refer to the sum of the concentration of six haloacetic acid compounds which include mono-, di-, and trichloroacetic acids, and mono- and dibromoacetic acids, and bromochloroacetic acid. HAAs are a type of chlorination disinfection by-product that are formed when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter, usually in raw water. HAA’s are a relatively new disinfection by-product. Lead - Metals, for the most part, are naturally present in source water, or are the result of industrial activity. Some, such as Lead, may enter the drinking water from plum bing in the distribution system. Lead can occur in the source water as a result of erosion of natural deposits. The most common source of lead is corrosion of the household plumbing. The MAC for lead levels is 0.010 mg/L. Page 15 of 33 Page 637 of 751 DWQMS Management Review 2021 Page 16 of 33 Page 638 of 751 Table of Contents List of Acronyms and Definitions ................................................................... 3 Introduction .................................................................................................... 5 1. Incidents of regulatory non-compliance ..................................................... 5 2. Incidents of adverse drinking-water tests ................................................... 5 3. Deviations from critical control point limits and response actions .............. 6 4. Efficacy of the risk assessment process .................................................... 6 5. Third-party and Internal audit reports ......................................................... 7 6. Results of emergency response testing ..................................................... 9 7. Operational performance ........................................................................... 9 8. Raw water supply and drinking-water quality trends .................................. 9 9. Follow-up on action items from previous management reviews .............. 10 10. Status of management action items identified between management reviews… ..................................................................................................... 14 11. Changes that could affect the Quality Management System ................. 14 12. Consumer feedback (i.e., internal & external communications) ............. 13 13. Resources needed to maintain the Quality Management System ......... 13 14. Results of DWQMS Infrastructure Review ............................................. 14 15. Operational Plan currency, content & updates……………………………14 16. Staff suggestions ............................. ……………………………………....16 Page 17 of 33 Page 639 of 751 Page 3 of 16 2021 DWQMS Management Review List of Acronyms and Definitions DWQMS – Drinking Water Quality Management System DWS – Drinking Water System MECP – Ministry of the Environment, Conservation and Parks QMS – Quality Management System THM –Trihalomethanes are a group of compounds that can form when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter (e.g., decaying leaves and vegetation). HAA - Haloacetic Acid. HAA values refer to the sum of the concentration of six haloacetic acid compounds which include mono-, di-, and trichloroacetic acids, and mono- and dibromoacetic acids, and bromochloroacetic acid. HAAs are a type of chlorination disinfection by-product that are formed when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter, usually in raw water. OFI – Opportunity for Improvement Ontario Regulation 170/03 – Regulation under the Safe Drinking Water Act governing Drinking Water Systems Ontario Regulation 169/03 – Ontario Drinking Water Quality Standards which Outline maximum allowable concentrations (standards) for Microbiological, Chemical and Radiological elements and compounds in drinking water systems. Ontario Regulation 319/08 – Regulation under the Health Protection and Promotion Act governing Small Drinking Water Systems. This Reg. lies outside the scope of the Safe Drinking Water Act as it relates to systems separate from the distribution system. Watermain Disinfection Procedure Section 4 – Documentation requirements for operators who are performing maintenance and repair activities associated with disinfecting water mains as part of an addition, modification, replacement, extension, planned maintenance, or emergency repair in a municipal residential drinking water system Page 18 of 33 Page 640 of 751 Page 4 of 16 2021 DWQMS Management Review SDWS – Small Drinking Water Systems. The City of Niagara Falls owns 2 cistern fed SDWS properties, which are the: Willoughby Town Hall at 11211 Sodom Rd. and; Fire Station #6 at 8137 Schisler Rd . Niagara Region Emergency Drinking Water Provision Plan – A Niagara Region document created in 2018 (in collaboration the key officials, agencies, departments and stakeholders), to establish framework for responding to an emergency involving the drinking water supply in Niagara Region. It is intended to service as a guideline that outlines the responsibilities and activities in managing a drinking water emergency. Page 19 of 33 Page 641 of 751 Page 5 of 16 2021 DWQMS Management Review 2021 DWQMS Management Review Introduction Element 20 of the Drinking Water Quality Management Standard states that a Management Review must be completed at least once every calendar year. This review is to be completed with the person(s) deemed Top Management in the Drinking Water System. The purpose of the Management Review is to document the actions and effectiveness of the Quality Management System. The outcome of the Management Review must be reported to the Owner of the Drinking Water System. The information reported to the Owner can be relayed at the same time as the Annual Drinking Water System Report, scheduled to be provided to Council in March. 1. Incidents of regulatory non-compliance On February 7, 2022, the Ministry of the Environment, Conservation and Parks completed an inspection of the City of Niagara Falls DWS for the October 16, 2020 to December 31, 2021 time frame. This inspection report indicated that there were zero (0) incidents of regulatory non-compliance. The Inspection Rating Report (IRR), which indicates the percentage compliance for the inspection will not be officially available until March 2022, due to the remote way inspections have been taking place during the continued Covid-19 pandemic and their monthly report running for scoring, as per the MECP Inspector. It was noted verbally to the Environmental Services Coordinator that the score would be 100%, as there were no non-conformances noted during the inspection. The Ministry noted in the inspection that all areas examined comply, and had one recommendation in the body of the document, which was as follows: • The City is encouraged to continue the implementation of its backflow prevention program as resources become available. The MECP 2021 Inspection Report is attached as Appendix A, for review. 2. Incidents of adverse drinking-water tests The City experienced zero (0) adverse sample result within its distribution system in 2021. Page 20 of 33 Page 642 of 751 Page 6 of 16 2021 DWQMS Management Review The City experienced one (1) adverse sample result within one of its small drinking water systems. This summary is for information only, as SDWS’s are outside of the Reg. 170 scope. i) June 16, 2021: A sample collected at Fire Station #6 (cistern - 8137 Schisler Road) resulted in an adverse reading of 1 Total Coliform (cfu/100 mL) The MAC for Total Coliform in a small drinking water system is 0. It was determined that this reading was likely caused by a faulty UV disinfection system at this location, which was immediately corrected. Following the service to the UV system, the sample was re-taken on June 18, 2021, with a result of 0 Total Coliform. Upon receiving the adverse notification from the Licenced Lab in the above instance, staff followed SOP “MW-ES-DWS-SOP-012-007– Adverse Water Quality Incident Reporting – O. Reg. 319/”, as this was outside the scope of the City of Niagara Falls Drinking Water System. A copy of MW-ES-DWS-SOP-012-007 can be found in previous Management Reviews. 3. Deviations from critical control point limits and response actions There were no deviations from critical control points during this report period. 4. Efficacy of the risk assessment process It should be noted that currently there are items listed as critical control points in the risk assessment matrix that the City cannot control, regardless of their importance, such as backflow prevention devices not owned by the City, and Niagara Region processes (such as water treatment). As per the updated DWQMS standard (Version 2.0), MECP required items were also addressed in the Risk Assessment. These included climate change issues such as drought, forest fires, tornados or extended extreme temperatures. These were captured initially in the 2018 Risk Assessment, again in the 2019, 2020, and 2021 Risk Assessments and will continue to be included in all future Risk Assessments. During the 2018 internal audit, it was suggested that outcomes of the most recent risk management assessment are highlighted and considered during the infrastructure review meeting. The most recent risk management assessments have been discussed and considered since this time – including 2021.This will continue for all future Infrastructure Reviews. Page 21 of 33 Page 643 of 751 Page 7 of 16 2021 DWQMS Management Review A new Element (14: Niagara Region: System Pressure Maintenance and Pressure Surge Protection) was added to the matrix during the Risk Assessment process in 2020, based on Niagara Regions consideration of decommissioning the Lundy’s Lane tank and installing one in a different area due to increased demands in the growing south end of the City. The current elevated tank on Lundy’s is requiring substantial upgrades/repairs to maintain current legislative requirements. It has been discussed internally that the City of Niagara Falls must be a strong presence in the decision making of this tentative project (which is assumed to involve several flow studies to confirm feasibility and seamless service transition and continuance), as it will be stressed that if this is to occur, the residents should continue to receive the same, if not better service levels of water delivery (specifically related to pressure). This project will also require the City to install/upgrade/take over the current Niagara Region watermain along Lundy’s lane. The greatest risk to the system if this tank is decommissioned is likely frequent pressure surges (currently absorbed by the Lundy’s Lane tank), that would work through the system and likely cause several watermain breaks, which always increases the likelihood of microbiological contamination before and during their repair. Also, without the tank providing consistent pressure in the system, the north end residents may experience a pressure drop in their water. If this was to become severe enough, the risk is a backflow event. Further discussion to this during the 2021 Infrastructure Review outlined that currently, this project (based on budget estimates) is likely to begin in 2023 and move into 2025. The City will likely install municipal main along Lundy’s Lane (as the current main in this area is a Regional main, and will be decommissioned along with the tank. The City, however, will likely not inherit the QEW critical crossing of this watermain, and the new municipal system will be looped at this location. The entire decommissioning process (tank and main) lays in a preliminary design model. Impacts are being studies/considered (with focus on pressure surge protection, service levels and water quality standards), and the City will remain in communication with Niagara Region as these plans further develop, to ensure a seamless transition throughout and following this d ecommissioning project. Element 14 remains rated under the risk threshold, as the tank is still in service. 5. Third-party and Internal Audit Reports Third Party Audit On May 18th, 2021, NSF Internal performed a virtual surveillance audit of the City’s DWQMS.There were not any non-conformances found during the third party audit. However, the Auditor suggested, in the “Opportunities for Improvement” section of the report to: • Consider ensuring that all relevant processes within the City’s Risk Assessment are documented separately from the Regional processes Page 22 of 33 Page 644 of 751 Page 8 of 16 2021 DWQMS Management Review • Consider modifying/improving the recording of quality checks of all essential supplies as they are received in stock. The quality checks should be performed by a staff of the Operating Authority • Consider incorporating a more detailed breakdown of the water infrastructure component of the long-range financial plan. If not in the body of the document, but perhaps as an appendix. • Consider adding a “debrief” session of the annual Emergency Preparedness exercise for those who were not present, for their review. • Consider adding timelines and specific deadlines/due dates for action items in the Management Review. The NSF Third Party Audit is attached as Appendix B, for review. Internal Audit An internal audit was completed by Acclaims Environmental on December 21st and 22nd, 2021. During the 2021 internal 2.0 audit, zero non-conformances were noted by the auditor. However, there were some opportunities for improvement noted which included: • Consider updating the municipal drinking water system name to reflect the City’s DWS name in MDWL #068-11 and including a completed copy of the updated Subject System Description Form in Schedule “C” of Directors Direction (or a reference to it) • Consider editing the Record Control Matrix (MW-ES-DWS-LM-003-001) to include DWWP Forms 1 and 2 with “10 years” as retention time. • Consider confirming that the actual training requirements (as per O. Reg 128/04 s. 29 Annual Training Operators table) for the highest class of system operated by the team (i.e., Class II). • Consider adding references to new provisions available through O. Reg . 128/04 s. 29 (proposed through ERO notice no. 019-3513 and ERO Notice 019-3515 regarding staff coverage in out of ordinary conditions (such as in pandemics and labour disruptions). • Consider cross-referencing watermain break-related procedures and forms (with 2019 revision dates) with latest version of MECP’s Watermain Disinfection Procedure (2020) to ensure conformity with latest requirements • Ensure the 2021 DWQMS Management Review Report is provided to Council in their 2022 March session. • Consider tracking the usual timeframes for various QMS activities in a schedule. • Consider training all Operations staff on what Asset Management (and the associated new requirement for planning) is, why it is important, some of the principles of planning and how their role in incorporated into this. Page 23 of 33 Page 645 of 751 Page 9 of 16 2021 DWQMS Management Review The internal audit report is attached as Appendix C, for review. 6. Results of emergency response testing On November 25, 2021, Environmental Services Staff participated in an Emergency Response desktop training exercise. The scenario included prolonged frozen water services, handling main breaks at critical crossings, suspected special contamination and water disruptions to critical users of the distribution system. The group was asked to work together on a plan of action, remediation and communication to City staff as well as Niagara Falls residents and pertinent external agencies. Team discussion touched on items such as emergency water provisions, flushing techniques, service tie overs, thawing mechanisms, optimum communication (inter departmental and identified new contact numbers for external agencies), water advisory procedures, watermain isolation, valve closures, sample protocols, operational reporting requirements and health and safety procedures. The City of Niagara Falls Emergency Drinking Water Provision Consideration/Guideline (MW-ES-DWS-PRO-014-002) was again reviewed at this training session and applied in the mock scenarios. As recommended in the 2020 re-accreditation audit, two alternate lead hand staff from the Environmental Services Division took part in this Emergency Management Training (as they did in 2020 session), as well as the regular Supervisor and Management staff. 7. Operational performance In 2021 Environmental Services responded to 50 watermain breaks. This total number is a decrease from the previous year (2020), during which 56 watermain breaks occurred. The winters of 2020 and 2021 were similar in weather patterns during the winter months. 8. Raw water supply and drinking-water quality trends Niagara Region is responsible for all sampling and testing of raw water. Through a previous year’s hydrant maintenance program, City staff members have found areas of the municipal drinking water system where weekly or bi-weekly flushing’s can improve water quality. These areas are tracked by way of a flushing report form and this practice has continued throughout 2021. Source water temperature changes in late spring and fall have historically resulted in resident inquiries about chlorine levels. The majority of these calls Page 24 of 33 Page 646 of 751 Page 10 of 16 2021 DWQMS Management Review originate from the south end of the City which is the geographic area closest to the water treatment plant. The City receives weekly chlorine residual results from Niagara Region, which have indicated no significant fluctuation in chlorine levels leaving the treatment plant. This remained unchanged in 2021. The raw water intake for Niagara Falls Water Treatment plant is planned to be physically shifted to the south, with a tentative completion date of 2027. The City remains in communication with Niagara Region on the development of this project. Niagara Region is continuing to monitor THM (trihalomethane) levels in conjunction with all local area municipalities. Various methods of preventing THM levels from increasing have been discussed. The City’s Environmental Services Division will continue to flush dead end watermains, which is a currently a suitable manner for which a distribution system can mitigate potential high THM levels. The Niagara Region replaced their granular activated carbon (GAC) filter in February of 2021.This filter media removes organic debris from the treated water and reduces THM formation. THM monitoring will carry on indefinitely, as we collaboratively strive for the continual improvement of water quality in the distribution system. 9. Follow-up on action items from previous management reviews Action Items Assigned To Due Dates Status/Follow-up Consider reviewing/re-training Operators in sampling procedures (including MW inspectors, as it relates to Capital Works Projects) to ensure consistency. Jessica Blanchard Q4 2021 Complete. HACH training for proper use of chlorine meters and sampling techniques took place in December 2021. MW Inspectors provided summary and teaching example of Commissioning Checklist/Sampling updated procedures and requirements (as per the 2020 Disinfection Procedure) in spring of 2021. Compare City of Niagara Falls Fire Departments & DWQMS Risk Assessments to ensure consistency in phrasing, fire flow concerns and format Erik Nickel Q4 2021 Complete. Upon review, it was identified that NFFD Risk Assessment does not speak to fire flow demands, but rather demographics and environmental conditions as they relate to where and when fires occur within the City (i.e. areas of fire concentrations, reason for fire, types of buildings, times of day, weather/seasonal influences etc.). Their matrix is established, updated and reviewed for the purpose of fire prevention, specifically to continually improve their public education outreach. The only reference to fire flow on their matrix is where they indicate whether a property Page 25 of 33 Page 647 of 751 Page 11 of 16 2021 DWQMS Management Review is within municipal drinking water boundaries, or rural. When it is indicated that a property is within municipal drinking water boundaries, it is assumed that fire flows are present, and were established/proven at the time of the building/subdivisions development. Ensure the City has a liaison present at all discussions with Niagara Region involving the tentative decommissioning of the Lundy’s Lane Tank Erik Nickel/ James Sticca 2021 onward Ongoing. The City has been a presence at discussions involving this decommissioning process. Share Risk Assessment results with the Niagara Region: Niagara Falls Water Treatment Plants Operations Manager; and DWQMS Lead Jessica Blanchard Q4 2021 Complete. 2021 Risk Assessment Results and Minutes (which took place in November of 2021) were shared with Niagara Falls Water Treatment Plant Operator and DWQMS lead in February of 2022 for their information, comment and review. Collaborate with Infrastructure to develop a scoring matrix based on age, material type, tuberculation, so the dial (score) is standardized and not left up to the discretion of the Operator Jessica Blanchard/ ES Supervisor Staff/ Infra. Team Q4 2021 Ongoing. ES began providing photos to Infrastructure of pipes extracted during main breaks in 2021 to initiate the scoring matrix and give context to this process. Infrastructure still to provide/share current condition rating table for review and adjustment, as necessary To follow up with Niagara Region Public Health to confirm that a former SDWS (Willoughby Volunteer Fire Station) is under new ownership and adhering to Reg 319/08 appropriately ES Staff Q1 2021 In progress. Awaiting follow up from Niagara Region Public Health Inspections Division for this confirmation. Most recent communication from the City to the Region to inquire on this was February 2022. Communication commenced in March of 2021. Page 26 of 33 Page 648 of 751 Page 12 of 16 2021 DWQMS Management Review To ensure document which will summarize all new documentation requirements for new developments watermains has been approved by James and shared with Engineering Department to be circulated to all pertinent staff and provided in all new RFP’s Jessica Blanchard Q2 2021 Complete. Summary pdf document “DOCUMENTATION REQUIRED FOR NEW WATERMAINS as per Aug 2020 version” created in Q2 of 2021 and circulated to staff. This was re- circulated in February of 2022 to include any new hires, remind staff and to ensure inclusion of the Manager of Engineering. To follow up with Niagara Region Process Specialist to determine if the DMA agreement/proposal involving WaterTrax with the Region was fulfilled (i.e. technological subsidies applied for the City’s use of the application). Also, to discuss with WaterTrax representative further application capabilities/compone nts that may be of benefit to the City. Jessica Blanchard Q4 2021 Complete. As per Niagara Region Process Specialist, 7 out of the 11 local area municipalities with Drinking Water Systems were currently using WaterTrax to house their sampling data (including the City of Niagara Falls). The tentative agreements never did come to fruition, as it remained in the tentative phase. The City is not bound to utilize this application in any manner. Discussions with WaterTrax indicated that their trending and data storge capabilities could also be accomplished by housing the sample data in a database such as excel. Based on this, the City ended its contract with WaterTrax as of January 31, 2021. All City of Niagara Falls Water Distribution Watertrax data was exported and saved in ES s drive prior to the contracts end. Follow up with Building and Enforcement Division regarding the ETA for the re-opening of Willoughby Town Hall – to ensure that prior to this, the water lines for this SDWS are re- chlorinated Jessica Blanchard Q4 2021 Complete. As per the Technologist in this Division, this location remains closed to the public – with no rentals, as it has been since the onset of Covid in early 2020. It is currently being used as a storage facility. When it does re-open (date still to be determined), the plan is to turn this location into the Willoughby History Museum. ES and the Building Division will remain in contact on this timeline to ensure the cistern and water lines are re-chlorinated and SDWS sampling is re- initiated prior to its opening. Page 27 of 33 Page 649 of 751 Page 13 of 16 2021 DWQMS Management Review To further discuss the possibility of ensuring asset data (with focus on watermains) is entered into the digital mapping application as soon as possible – perhaps without awaiting the as build drawings Jessica Blanchard Q4 2021 Complete. Discussions with Infrastructure stated that this would be possible, with the aid of the Inspectors providing red line mark up drawings to them or ES staff providing detailed location maps of hydrant/valve installs (to clear with CAD division), to input into Falls Viewer prior to receiving the as built drawings. This could occur on a case per case basis, or approaching legislative due date, as to be accurate and avoid duplicate/adjusted entries for one asset, obtaining the as built drawings is key. Order/direct staff to order more reflective pressure indicating stickers to have on hand for fire hydrants James Sticca Q2 2021 Complete. Ordered and several (approx.1000) installed during the 2021 flushing season. All hydrants in the city (which have been assumed by the City) have stickers present on them. There are also stickers in stock for those few hydrants which may have been overseen during the 2nd install process and for those hydrants of new developments. The following ACTION items from the 2020 Management Review remain in the DELAYED stage due to Covid Restrictions To ensure Environmental Services Supervisor staff have been trained in IMS 200 for improved emergency management preparedness. ES Staff Q4 2021 Delayed. To continue consideration once training is more readily offered in Emergency Management following Covid-19 related training access limitations. Research Service Line Warranties of Canada to potentially offer residents (City would endorse this insurance company). Consider benefits & potential support from Council of this protection of private water and sewer lines. ES Staff Q4 2021 Delayed. To re-address once services have resumed fully, following Covid-19 related delays. ACTION: to speak to N-o-t-L representative regarding the benefits of this program, as it is in use at this municipality. This will be complete as we approach returning to normal operations. Contact information of this insurance company is as follows: 866-922-9004; www.slwofc.ca Page 28 of 33 Page 650 of 751 Page 14 of 16 2021 DWQMS Management Review 10. Status of management action items identified between management reviews No action items identified during this time period. 11. Changes that could affect the Quality Management System In May of 2021, the Ministry of Environment, Conservation and Parks released “Director’s Directions (Safe Drinking Water Act, 2002): Minimum Requirements for Operational Plans”. The full document can be viewed at https://prod- environmental-registry.s3.amazonaws.com/2021- 05/Directors%20Directions%20for%20Operational%20Plans_1.pdf The City’s current Operational Plan was already in compliance with most of the requirements outlined in this document, with the following exceptions (which must be updated by April 1 of 2022): • The Operational Plan must contain a title that generally describes the municipal drinking water system(s) to which the operational plans apply; o The title of the current Ops Plan will be adjusted to mirror the DWS name on the Licence upon its next revision (March 2022) • The Operational Plan must contain a completed copy of the Subject System Description Form in Schedule “C” that includes the name of the municipal residential drinking water system(s), municipal drinking water licence number(s), and if applicable the operational subsystem, to which the plans apply. o This has been completed, and will be provided in the body of the Ops Plan upon its next revision (March 2022) o To review, since July 1, 2017, schools and child care centres in Ontario have been required to test all fountains and drinking water taps in their facilities by Ministry prescribed timelines. If a sample result exceeds the standard, immediate action needs to be taken until the issue is resolved. The increased lead testing requirement was developed to ensure all water taps serving drinking water to children in schools and child care centres are sampled for lead. This program currently remains the responsibility of the Public Health System. There has been discussion that the MAC for lead in a water distribution system may be lowered to mimic the new Health Canada Guideline (currently the MAC is 0.01 mg/L in water distribution systems in Ontario, where the Health Canada MAC has been lowered to 0.005 mg/L). The City of Niagara Falls has experienced lead distribution samples ranging from 0.0003 to 0.00140 over the past two years – all well below the potential new proposed MAC. Another topic worth repeating as it relates to the Quality Management System is the Niagara Regions tentative plans to decommission the Lundy’s Lane elevated Page 29 of 33 Page 651 of 751 Page 15 of 16 2021 DWQMS Management Review tank and watermain on the same road (as mentioned in the Efficacy of the risk assessment process section – page 7). The City should be included in this project as the potential absence of this structure will likely crate pressure relief issues in the distribution system, which are currently absorbed by the elevated tank. 12. Consumer feedback (i.e., internal & external communications) Environmental Services continues to flush areas known to have low chlorine residuals weekly. Discoloured or dirty water calls have continued to decrease; this is due to the extensive capital work taking place in areas known for water quality issues. 13. Resources needed to maintain the Quality Management System The DWQMS Representative (Environmental Services Coordinator) continues to use an external consultant for the internal audit. This provides the DWQMS Representative with detailed reports and multi-industry expertise during the on- site audit. The city chose to utilize the same internal auditor in 2021 as in 2020, for a fulsome and continued comparative gauge of improvement. This external auditor was also the successful candidate of the City’s Purchase Requisition process. 14. Results of DWQMS Infrastructure Review The DWQMS Infrastructure Review is one of many documents which aid in the decision making process for determining Capital Works projects and schedules. The DWQMS Representative and the Manager of Environmental Services, along with the Asset and Infrastructure teams have worked collectively to prioritize the proposal of capital work for design. Suggestions are also provided by Environmental Services staff based on previous experience and were taken into consideration along with other factors, such as sewer separation. The process still remains as stated above. Additionally, as operational challenges arise, the Environmental Services Coordinator (DWQMS Rep), and Environmental Services Supervisors ensure these are communicated to the Manager of Environmental Services who flags these to the Asset and Infrastructure teams for future capital replacement programs. This consistent line of communication between Operations and Engineering w as missing prior to the initiation of the DWQMS. Page 30 of 33 Page 652 of 751 Page 16 of 16 2021 DWQMS Management Review As previously mentioned, the outcomes of the most recent Risk Management Assessment were presented and considered in during the 2021 Infrastructure Review, and this process will continue for all future Infrastructure Reviews, as suggested by the City’s Internal Auditor. 15. Operational Plan currency, content & updates The Operational Plan was updated in March of 2020 which created current version/revision 5 (which was outlined and provided to council via MW-2020-07 in April of 2020). There have been no changes/revision to this current version (5) since that time. The Operational Plan will be updated in February/March of 2022 to satisfy the most recent Directors Direction and to update any other phrasing, processes or administrative changes required at that time. 16. Staff suggestions Throughout 2020, Environmental Services staff offered several process improvement suggestions for the DWQMS. They include d: • Providing continued on line/virtual training which would benefit during times of altered shifts, recognizing social distancing (during state of emergency). This will ensure staff are keeping up on position requirements and industry best practices and also allow staff to work at their own pace; • Creating guidance documents for Environmental Services field staff to aid in: Utilizing newly initiated iPad work/document/data recording devices and; Learning/ understanding functionality of updated maintenance management system (Cartegraph OMS); • Actively seeking dedicated volunteer locations from which to sample in 2021, in anticipation of the increased population requiring to perform more microbiological samples per month (once 2021 Census data is released in February of 2022). Page 31 of 33 Page 653 of 751 Section 19 of the Safe Drinking Water Act (SDWA) Standard of care, municipal drinking water system 19 (1) Each of the persons listed in subsection (2) shall, (a) exercise the level of care, diligence and skill in respect of a municipal drinking water system that a reasonably prudent person would be expected to exercise in a similar situation; and (b) act honestly, competently and with integrity, with a view to ensuring the protection and safety of the users of the municipal drinking water system. 2002, c. 32, s. 19 (1). Same (2) The following are the persons listed for the purposes of subsection (1): 1. The owner of the municipal drinking water system. 2. If the municipal drinking water system is owned by a corporation other than a municipality, every officer and director of the corporation. 3. If the system is owned by a municipality, every person who, on behalf of the municipality, oversees the accredited operating authority of the system or exercises decision-making authority over the system. 2002, c. 32, s. 19 (2). Offence (3) Every person under a duty described in subsection (1) who fails to carry out that duty is guilty of an offence. 2002, c. 32, s. 19 (3). Same (4) A person may be convicted of an offence under this section in respect of a municipal drinking water system whether or not the owner of the system is prosecuted or convicted. 2002, c. 32, s. 19 (4). Reliance on experts (5) A person shall not be considered to have failed to carry out a duty described in subsection (1) in any circumstance in which the person relies in good faith on a report of an engineer, lawyer, accountant or other person whose professional qualifications lend credibility to the report. 2002, c. 32, s. 19 (5). Page 32 of 33 Page 654 of 751 CITY OF NIAGARA FALLS DISTRIUBITON SYSTEM OPERATIONAL PLAN REVISION 6: SUMMARY OF CHANGES, MARCH 2022 • Title of Operational Plan: “City of Niagara Falls Water Distribution System” changed to “City of Niagara Falls Distribution System”, in keeping consistent with the City’s Municipal Drinking Water Licence official system name, as per Directors Direction. This systems name was also changed throughout the body of the document, where required. • Definition of DWQMS and references throughout the document was changed from Drinking “Water Quality Management System” to “Drinking Water Quality Management Standard”, which is the proper acronym of the Standard. • “DWQMS” changed to “QMS” at fitting locations throughout the body of the document, to specify the difference between the Standard and the City’s Quality Management System. • Page 11 of the Operations Plan (the Plan): Updated the City’s drinking water system (DWS) service population, and number of households, as per the 2021 Census data. • Page 12 of the Plan: Updated Niagara Falls water treatment plant source water characteristics data (from Niagara Region Process Specialist 2021 data). • Page 13 of the Plan: Updated the total kilometer of watermain present in the City’s DWS (from 2021 annual summary data). • Page 13 of the Plan: Updated number of City owned water meters (from 2022 maintenance/asset management program data). • Page 13 of the Plan: Updated number of City owned fire hydrants and system valves (from 2021 annual summary data). • Page 15 of the Plan: Updated date and spoke to most recent Risk Assessment outcomes (which occur on an annual basis – once every calendar year, as per the Standard). • Page 19 of the Plan: Updated Environmental Services shift times, as afternoon shifts no longer exist. • Page 19 of the Plan: Addition of amendments made to Ontario Regulations 128/04 and 129/04 which allow alternate and special provisions to ensure staff coverage for out-of-ordinary conditions (such as in pandemics and labour disruptions). • Page 30 of the Plan: Addition of Emergency Drinking Water Provision Guideline (MW-ES-DWS-PRO- 014-002) to the document list of The Niagara Falls Emergency Response Procedures Manual for Drinking Water. This document was created in late 2019 and revised in early 2020. • Page 34 of the Plan: Addition of Schedule C (which is an MECP Subject System Description Form which contains City’s DWS name and contact information for questions regarding the Operations Plan), as per the Director’s Direction May 2021: Minimum Requirements for Operational Plans Municipal Drinking Water Systems. Page 33 of 33 Page 655 of 751 MW-2022-17 Report Report to: Mayor and Council Date: March 22, 2022 Title: Single Source Procurement – 2022 Lining Program Contract Administration & Inspection Recommendation(s) That Council AUTHORIZE staff to award contract administration and site inspection contract services to GMBluePlan Engineering Ltd. in the amount of $192,529 plus applicable taxies in support of the City’s 2022 Niagara Falls Wastewater Collection System State of Good Repair Lining Program. Executive Summary The City of Niagara Falls embarked on the Wastewater Collection System State of Good Repair Program (SOGR) in 2018 as a result of recommendations made in the Niagara Falls Pollution Prevention Control Plan. Phase I of SOGR involved the inspection and condition assessment of all wastewater lines City wide over a 3 year period from 2018 to 2020. The drivers for this inspection effort included: • ensuring that system deficiencies are identified and addressed to minimize impacts to customers (level of service, reducing stormwater flows to the system that cause basement flooding and overflows to the environment) and • to enhance the City’s understanding of system condition to build a multi - year remediation plan. Phase I of the program identified approximately 15 emergency repairs for sewers in immediate danger of collapse which were repaired immediately by City Staff and Contractor based forces. The remaining inspections generated a lengthy list of repairs which Phase II of the program is, and will address. Phase II began in earnest in 2020 with an emphasis on repairs and remediation in Chippawa and areas South of Lundys Lane. These areas were deemed a priority for Staff given the history of basement flooding in Chippawa and the need to reduce wet weather flows in the areas tributary to the new South Niagara Falls Wastewater Treatment Plant respectively. Phase II of the program involves a multi-year, $6 Million, trenchless rehabilitation program aimed at addressing priority repairs in areas that may impact customer levels of service and in areas with know sources of inflow and infiltration. Background Page 1 of 4 Page 656 of 751 In support of Phases I & II of the program the City retained the services of a specialty trenchless sewer rehabilitation contractor, Pipeflo Contracting Corporation. Trenchless repair involves the remediation or replacement of sewers of concern without the need for open-cut excavation. Repairs are performed by lining sewers or applying spot repairs to the sewers of concern. This method was selected based on the fact that: • repairs can be completed in a short period of time of (less than 12 hours) • service to users of the system can be reinstated quickly, • minimal traffic impacts to the travelling public and • significant cost savings over traditional excavation based methods City Staff enlisted the assistance of GMBluePlan (GMBP) to assist with the contract administration of this program. This was driven by several factors including the fact that that the program: • required specialty engineering skills that City Staff do not possess, • resource requirements for the program currently exceed the City Staff resourc e availability • requires significant resources over a relatively short period of time but does not warrant an increase to the full time City Staff complement. Over the course of 2021 and early 2022 a total of approximately 70 full length liners providing full renewal of the sewer line, and 15 spot repairs were completed. City staff intend to execute an equal or greater of repairs in the 2022 calendar year. GMBP provided excellent service to the City during Phase I and II of the program, have in depth knowledge of the City’s wastewater collection system and have no learning curve with respect to the program details and its execution. This provides efficiencies in terms of cost, quality of deliverables, schedule and City Staff’s goals for this program. In addition, under GMBP’s supervision, Year 1 of the program was performed with no contractor extras, disputes nor impacts to schedule other than that due to inclement weather and availability of materials. The City experienced no complaints with respect to the program nor did any users of the system experience any adverse impacts due to the trenchless work being performed. Analysis Undertaking a competitive process rather than using a single source will add cost, incur delays, and impact the limited staff resources within the Municipal Works Engineering department. GMBP, through their previous work has a significant advantage over other potential bidders due to their familiarity with the program, established relationships with City Staff and their in-depth knowledge of the City’s wastewater system. Due to the size of this single source Council approval is required. This program to remediate sewers City wide will be a multi-year effort for the City of Niagara Falls. City Staff believe that this sole source assignment provides the best value to Niagara Falls taxpayers, frees up limited resources for other programs managed by Engineering Page 2 of 4 Page 657 of 751 department staff, provides economies of scale, further accelerates the City’s commitment to reduce wet weather flows to areas that will be tributary to the new South Niagara Falls Wastewater Treatment Plant and accelerates the City’s commitment to an enhanced level of service for all users of the wastewater collection system. Based on the above-noted benefits the City solicited a fee proposal from GMBP to undertaken contract administration and field inspection for the 2022 sewer lining program. Their fee proposal represents slightly less than 10 percent of the overall construction costs, which is appropriate and representative for the level of effort necessary to ensure quality results by the contractor. Payment will be made only for actual time and expenses incurred, up to the upset limit of the proposal. Any unspent allocations could be carried forward to future year efforts. Operational Implications and Risk Analysis Due to the fact that GMBP has already completed Year I of the lining program and has an enhanced understanding of Niagara Falls requirements, staff believe a single source to GMBP provides the City of Niagara Falls with the most value to the taxpayers, for the completion of the lining program. It should also be noted that the City has made a commitment to the Region of Niagara to reduce wet weather flows in the areas that will ultimately drain to the new South Niagara Falls Wastewater Treatment Plant. Continuing the program will help to ensure that the new plant can service new development in areas South of Lundy's Lane, reduce overflows to the environment, and increase system resiliency with respect to basement flooding. Financial Implications/Budget Impact The fee proposal to undertake contract administration and site inspection services is $192,529 plus applicable taxes. It is recommended to proceed with the requisition of these professional service utilizing funding from the approved budget associated wit h capital project SS70: Sanitary Sewer Network State of Good Repair Program, account 12-3-410070-030000. Moving forward contract administration and site inspection services for the annual lining program will be secured via the City's procurement By -Law No. 2021-04 utilizing the Request for Tender - Large Value Purchases method of purchasing. Strategic/Departmental Alignment This request sole source request is in full alignment with City Council’s Strategic priorities as follows: Strong & Resilient Infrastructure • Prepare for our City's growth by ensuring infrastructure is planned and designed to meet the needs of residents, businesses and visitors today and in the future • Maintain the City's built infrastructure in a reliable, environmentally friendly, and cost efficient way Page 3 of 4 Page 658 of 751 • Continually monitor and evaluate infrastructure age and condition to ensure financial sustainability of long-term plans for infrastructure renewal • Consider changes to climate and societal influences in order to ensure infrastructure is resilient to withstand the demands of the future with minimal interruptions • Work in close cooperation with partners such as the Niagara Region and Niagara Parks Commission to complete critical infrastructure project Written by: Tara Gudgeon, Infrastructure Asset Manager Submitted by: Status: Jason Burgess, CAO Approved - 16 Mar 2022 Page 4 of 4 Page 659 of 751 PBD-2022-13 Report Report to: Mayor and Council Date: March 22, 2022 Title: PLC-2022-002, Request for Removal of Part Lot Control Blocks 100, 103 & 104, Registered Plan 59M-484, Forestview Estates 7430, 7426, 7422, 7418, 7414 and 7410 Jonathan Drive (Block 100) 7420, 7428, 7442, 7450, and 7458 Matteo Drive (Block 103) 7380, 7388, 7396, 7404 and 7412 Matteo Drive (Block 104) Applicant: Mountainview Homes (Niagara) Ltd. Recommendation(s) That Council approve the request and pass the by-law included in today’s agenda to exempt Blocks 100, 103 & 104, Registered Plan 59M -484 from Part Lot Control for a period of two years. Executive Summary Mountainview Homes (Niagara) Ltd. has requested Council pass a by-law to exempt Part Lot Control from Blocks 100, 103 & 104, on Registered Plan 59M-484 to allow the transfer of ownership of the on-street townhouse dwelling units that are under construction. The request can be supported based on the following: • The zoning permits on-street townhouse dwellings and the proposed parcel sizes; and, • The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold separately. Background Mountainview Homes (Niagara) Inc. has submitted a request to have P art Lot Control lifted from Blocks 100, 103 and 104 on Registered Plan 59M-484, located at 7430, 7426, 7422, 7418, 7414 and 7410 Jonathan Drive (Block 100); 7420, 7428, 7442, 7450, and 7458 Matteo Drive (Block 103) and; 7380, 7388, 7396, 7404 and 7412 Matteo Drive (Block 104). The lifting of Part Lot Control is a planning tool that permits the creation of parcels in blocks within registered plans of subdivision. In this case, the lifting of Part Lot Control is requested to allow the creation of 10 parts in Block 100 for 6 on-street townhouse dwelling units, the creation of 7 parts in Block 103 for 6 on-street townhouse dwelling units and 7 Page 1 of 7 Page 660 of 751 parts in Block 104 for 5 on-street townhouse units. Additional parts are for existing easements for stormwater management purposes. Analysis The subject lands are located on Jonathan Drive and Matteo Drive within the Forestview Plan of Subdivision (59M-484) which was registered on December 8, 2020. The subdivision contains blocks of land for on-street townhouse dwellings and apartment buildings. Block 100, 103 & 104 are zoned Residential Mixed (R3-1081) by Zoning By- law No. 79-200, as amended by By-law No. 2019-003. The proposed parcels comply with the minimum lot area and minimum lot frontage requirements of the site specific R3-1081 zone. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever and prevent the individual townhouse units from being created. Municipalities have the ability to lift Part Lot Control from blocks within a Plan of Subdivision to allow lot lines to be reconfigured or parts of a block to be conveyed without the need for a consent application. As all matters necessary for the development of the lands have been addressed through the subdivision process, a Part Lot Control By-law can be considered for the division of the subject lands. Approval of a Part Lot Control by-law is requested so that Block 100 can be divided into 10 parts to create 6 parts for on-street townhouse dwelling units and four parts for an easement and Block 103 be divided into 7 parts with 6 parts for on-street townhouse dwelling units and 1 part for easements and Block 104 be divided into 7 parts consisting of 5 parts for on-street townhouse units and 2 part for easements. The exemption is to apply for two years to allow for flexibility in scheduling real estate closing dates and should be sufficient time to allow units to be absorbed by the market. Financial Implications/Budget Impact As Development Charges have already been collected, there are no financial implications. Strategic/Departmental Alignment Council’s priority is to use opportunities for multi-unit development to diversify the range of housing available in neighbourhoods. The application is consistent with this priority. Contributor(s) Alexa Cooper List of Attachments SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 Page 2 of 7 Page 661 of 751 Written by: Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 11 Mar 2022 Kira Dolch, Director of Planning, Building & Devlopment Approved - 14 Mar 2022 Jason Burgess, CAO Approved - 15 Mar 2022 Page 3 of 7 Page 662 of 751 SCHEDULE 1 (Location Map) Page 4 of 7 Page 663 of 751 SCHEDULE 2 (Block 100) Page 5 of 7 Page 664 of 751 SCHEDULE 3 (Block 103) Page 6 of 7 Page 665 of 751 SCHEDULE 4 (Block 104) Page 7 of 7 Page 666 of 751 R&C-2022-04 Report Report to: Mayor and Council Date: March 22, 2022 Title: 2021 Annual Update from the Culture Division Recommendation(s) THAT Council receive report R&C 2022-04 for information. Executive Summary The Culture Division of the Recreation & Culture Department is responsible for three municipally operated Museums, the Farmers’ Market and Cultural initiatives throughout the City. The Culture Division works with the Niagara Falls Culture Committee to deliver additional events, grant programmes and awards to the cultural community. This report is a summary of the actions of the division in 2021 and it is required by some of our funding bodies that such reports are submitted to Council. Staff of the Culture Division have put together annual reviews for many years and have provided these to council for information purposes in the past. This report provides Council with an update on some of the work completed by the Culture Division in 2021. Background Annually, Culture staff meet to pull together a summary of previous activities. This provides perspective on what has occurred and also provides direction on what is to come. This summary is a result of that meeting and the work of the Cultural team. Analysis This meets the requirements of provincial funding bodies to ensure that Council is aware of the work of the Culture Division. Financial Implications/Budget Impact There are no current financial, staffing or legal implications with this report. Page 1 of 20 Page 667 of 751 Strategic/Departmental Alignment The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, and creative community. Through culture, the City can stimulate a sense of pride and commitment from residents and visitors to the City of Niagara Falls. List of Attachments 2021 Culture division report (3) Written by: Clark Bernat, Culture & Museums Manager Submitted by: Status: Kathy Moldenhauer, Director of Recreation & Culture Approved - 11 Mar 2022 Jason Burgess, CAO Approved - 15 Mar 2022 Page 2 of 20 Page 668 of 751 MUSEUMS & CULTURE A N N U A L R E P O R T F O R 2 0 2 1 Page 3 of 20 Page 669 of 751 MUSEUMS 2 0 2 1 Page 4 of 20 Page 670 of 751 COLLECTION HIGHLIGHTS Highlight - The Fishman window. Part of a collection of seven stained glass windows commissioned in the late 1970s by Congregation B'nai Jacob under the leadership of Rabbi Nathan Liberman. The synagogue was located at 5328 Ferry St. Highlight on Contemporary Collecting - In anticipation of the 2022 exhibition, A Woman's Work is Never Done, the Museum acquired two new objects from local female artists: Venus Defiled by Claire Anderson Rare Findings by Emily Andrews. 81 Artefacts accessioned into the collection in 2021 Thanks to the Museum... "and the wonderful job you have done digitizing artifacts in your collection. It makes history a breathing entity that we can reach out and touch and interact with, and to engage our hearts and our memories. I am so grateful “ Sue Page 5 of 20 Page 671 of 751 EXHIBITIONS & GALLERIES Health In Space This temporary exhibit from the Canada Aviation and Space Museum explored how gravity, radiation and isolation pose unique challenges to astronauts. The exhibition featured a look into the mission of Canadian Astronaut David Saint-Jacques. From Niagara Falls Curated by Niagara Falls Indigenous beadwork artist Samuel Thomas, this exhibit in our Community Gallery highlights a mix of new and historic Haudenosaunee beadwork. The display showcases 20 newly collected pieces, including artworks of Sam’s design specifically made for the Museum. Page 6 of 20 Page 672 of 751 Produced by Staff Battle Ground Hotel - World War One Stories - Behind the Scenes Tours - Green Book - Ancient Egypt - Niagara Falls History & Archaeology @ the eXchange Annual Series Coming Out Stories - Winter Film Series: Newshounds on Screen - Fall Film Series: Christopher Plummer on Screen: A Tribute - J4BL Book Club Guest Presenters Lesson from Wampum Diplomacy: From the Two Row Wampum Until Today Symbols & Stories in Stone: Part 1 & 2 Astronomy 101: Part 1 & 2 Imbibe: A Lecture Series Beekeeping in Ancient Egypt Indigenous Community Justice Program Power of Music with Phil Davis Indigenous Symbolism in Beadwork Walking the Talk Underground Railroad Museum Tour Voices Lost in Crisis Series: Adults with IDD Share Their Lived Experience during the Covid-19 Pandemic PROGRAMMING 103 Archival and new videos added to the Museum YouTube Channel 33185 Views on the Museum YouTube Channel 115373 Website visits to our main webpage, virtual exhibition & online database 1123 People joined our live virtual programming Page 7 of 20 Page 673 of 751 CEMETERY TOURS 2021 Streamlined and simplified to meet the demands of the pandemic. 121 Tickets Sold 126 Volunteer Hours EVENTS TODAY, WE TAKE TIME TO REFLECT, REMEMBER AND COMMIT TO DOING BETTER #EVERYCHILDMATTERS Canada's first NATIONAL DAY FOR TRUTH AND RECONCILIATION September 30 2021 112 Virtual Visitors Cemetery Tours... “Awesome”, “really enjoyed it”, “learned so much”, “didn’t know there was so much history here”, “I come back every year” FAMILY DAY & SPRING BREAK Mad Science shows 232 Virtual Visitors Page 8 of 20 Page 674 of 751 N I G H T (S ) O F A R T L A W N P A R T Y E D I T I O N N I A G A R A F A L L S AR T S E P T 2 3 -2 6 , 2 0 2 1 C I T Y H A L L L A W N 300 Visitors 17 Artists & Performers 10 Years Running Page 9 of 20 Page 675 of 751 2021 FINANCIAL DONORS Financial Supporters John Burtniak Tom Chunaf Lundy's Lane Historical Society Patterson Funeral Home Heritage Canada Province of Ontario Donations to the Collection Chris Allen Gayle Blackstock Lyn Carnaby Congregation B'nai Tikvah David Dalman David Doss Carol Ede in remembrance of Don Ede Ronald Elliot Gail Julie Sara McLaughlin Eugene Miller Robyn Moore April Petrie Marc-Andre Pichette Julie Rentz St. Catharines Museum St. Catharines Public Library Pete Somerville Samuel Thomas Toronto Postcard Club Welland Museum $180k+ In grant programme support from various levels of government (non-municipal) Page 10 of 20 Page 676 of 751 CULTURE 2 0 2 1 Page 11 of 20 Page 677 of 751 Be Resurrected Tonight - Adam Buller Emotional Robots - Joe Cleary Niagara Juneteenth Festival - Sherri Darlene Quizine! - David Green Niagara Falls Guide - Caroline Meyer and Matthew Hughes Fallon Falon Falynn - Falon Rose Shaw In Lieu of Dog - Sarah Lou Stuart Create the Summer Series - Jim Vaylin Annie Edson’s Taylor’s Barrel of Laughs - Katie Webb and Brie Watson Niagara Falls History Mural - Emily Andrews VR Art Gallery of Niagara - Egan Henderson Growth Through Planted Soil - Andrea Letourneau Youth Pride/Rainbow Day Niagara 2021 - Angela Menotti Outdoor Classic and Family Film Festival - Niagara Falls Art Gallery Jam in Perpetuity - C.D. Onofrio The Pianist from Niagara- Irmina Somers Celebration of Indigenous Peoples Day – Andrew Wunderink Heart Sculpture (In the Arms of Love) - 905 Intergalactic Artist Collective 2021 NIAGARA FALLS CULTURAL DEVELOPMENT FUND RECIPIENTS Page 12 of 20 Page 678 of 751 Trail Mix: Local Trails & Local Artists Trail Mix is an auditory accompaniment to your walk, featuring the work of local artists. You can listen to the mix while enjoying the sights of the Millennium Trail. QR codes along the trail will take you to music, humour or spoken word on your smart device. Featured artists are: JIN, Electric Wildlife, James Blonde, David Green Live; Kortni Bloor, Berger Blake Goold, The Chestnut Tree Cafe, Road Waves, Rita Visser, LMT, Errunhrd, Superfulous Motor, Ashlee Standish, Kim Clarke Champniss, Avenue Inn, Nathan Warriner, Peter Haverkamp, Rafik Guirguis, Ryan Lunn, Mike Baranyai, Adam James, Anthony Abbruscato, The Mandevilles, C.D. Onofrio, The P.O.E., Sensorium Angels, The Waxbills, Nayles, Aimie Page, VIBI, Giancarlo & The Scarfones, Dahlia, Greyson Streed, Zack Tiessen, Riley Michaels and Eve Atoms Urban Walls In 2021 the Culture division put on several mural workshops and had 46 attendees to these virtual lessons. In addition, the project saw the completion of one new mural in downtown Niagara Falls by Elaine Wallis and her team. PROJECTS Page 13 of 20 Page 679 of 751 Arts & Culture Wall of Fame 2021 Wall of Fame Inductees were Rivoli Iesulauro, Maria Vetere and Tim Hicks Culture Committee Art Competition This annual event was held at the Niagara Falls History Museum in the OPG Gallery. This year's winner was Chris Louis Page 14 of 20 Page 680 of 751 PUBLIC ART Nik Wallenda Above the Falls NEW ACQUISITIONS Niagara Dawn Brink of the Horseshoe Falls Niagara Falls from the American Side Artist: David Low PhotographArtist: John M Whyte Acrylic on canvas Artist: James E Pay Acrylic on canvas Page 15 of 20 Page 681 of 751 Work continued in 2021 on the exciting new project. At the start of the year there was a hole in the ground - by December, the shape of the building was coming into place. The Culture team has been busy with establishing the policies and procedures for the site. With these in place, we can start to look at hosting many great events, weekly Markets, woodworking classes, and housing the creative community in the Artist Studios. This is a great project for our City and a place where the community can come together. Follow the progress of the site on the Let's Talk Niagara Falls website or through our social media channels. This project is slated to open in late 2022. Page 16 of 20 Page 682 of 751 FARMERS' MARKET 2 0 2 1 Page 17 of 20 Page 683 of 751 This award is provided to one market in the province annually that can showcase their strengths in the areas of Transparency, Community Engagement, Vendor's Choice and more. The Niagara Falls Farmers' Market has worked hard over the past few years and as a result of that hard work, was awarded by Farmers' Market Ontario with the Market of the Year Award. Page 18 of 20 Page 684 of 751 MARKET HIGHLIGHTS The following are aspects of the market that provide value for vendors and enhance the experience of patrons of the market. SELF - DECLARATION OF FARMERS The vendor signs off on what kind of vendor they are; MyPick, Organic or Grower. This ensures that the best products are coming to market and the public knows where their produce comes from. VERIFICATION The information the Farmer provides is verified through location checks and online resources to ensure they grow what they sell. The Market Coordinator tours the farms annually to gather growing information and photos to highlight our Market Farmers. COMMUNITY PARTNERSHIPS Our market continued to champion our community through partnerships, including: Project Share, Niagara Falls Soup Kitchen, Niagara Falls Public Library (pick up point and Seed Bank), Carousel Players, United Way - Period Promise and Three Sisters Seeds Indigenous Education Inniative Page 19 of 20 Page 685 of 751 2018 2019 2020 2021 40,000 30,000 20,000 10,000 0 OMAFRA GRANT With support from OMAFRA, the market was able to develop a series of videos and social media content to feature our Farmers and their Niagara Region Farms. The Niagara Falls Farmers' Market has be on a steady increase for the last four years. higher customer counts lead to stronger sales results for our vendors. VOLUNTEERS Our 13 Niagara Falls Farmers' Market volunteers have logged over 300 hours of volunteer service this season at Market. We couldn't do it without them. Page 20 of 20 Page 686 of 751 R&C-2022-05 Report Report to: Mayor and Council Date: March 22, 2022 Title: 2021 Annual Update from the Public Art Advisory Task Force Recommendation(s) For the information of Council. Executive Summary City Council is the steward of the City’s public art and as such, holds it in trust for the citizens of the City of Niagara Falls. Council will maintain and develop the public art collection in keeping with the vision statement and goals of the Public Art Policy. Council designates the custody of public art to the Recreation & Culture Department. The management of public art will be the responsibility of City of Niagara Falls staff with the assistance of the Public Art Advisory Task Force (PAATF) who will: 1.Ensure the development of a collection management system, with documentation standards and procedures modelled on museum practices and with an ongoing system of maintenance and inspection. 2.Develop, maintain and promote the art collection and oversee the provision of fiscal resources for this purpose. 3.Preserve the physical integrity and security of the art collection and the provision of adequate facilities and resources for its long term care. 4.Arrange for the installation and placement of public art in public spaces. 5.Facilitate programming and public education opportunities related to the art collection’s use and promotion. This report highlights to Council the work of the Committee, with an update on submissions to the PAATF in 2021. Background Public Art is defined as physical works of art and cultural property installed in the public realm. These works of art can be temporary or permanent, and may be installed within Page 1 of 5 Page 687 of 751 buildings, or outdoors on public lands. This document provides a vision, purpose and goals for the City’s relationship with all public art, while specifically addressing management guidelines and policy for the public art that currently exists. Visually beautiful cities stimulate a sense of pride and commitment. Through its Public Art Policy, the City of Niagara Falls strives to create vibrant public spaces that reflect the diversity of our community and engage its residents and visitors with quality works of public art. There are currently 87 works in the public art collection. The City of Niagara Falls seeks to encourage all those who care about the community to participate in making art, collecting it and commissioning it. The goals of Public Art will be to; 1. Provide access to art in public places for all of Niagara Falls citizens. 2. Enhance Niagara Falls’ desirability as a community by creating appealing environments in which to live, work and play. 3. Honour, preserve and encourage our cultural heritage and artistic diversity. 4. Promote civic identity through awareness and preservation of the community’s history, cultures and living arts. 5. Support effective urban planning, economic development and cultural tourism opportunities. All public art projects and acquisitions will be assessed and developed according to the above goals. No approval is required from Council as the authority to accept the art is delegated to the Committee. The following works were submitted for consideration by the PAATF: Six applications were received and reviewed in 2021. Applications Recommended for acquisition Title: Nik Wallenda Above the Falls Artist/Applicant: Mr. John M Whyte Category: Visual Art Page 2 of 5 Page 688 of 751 Date Submitted: June 14, 2021 (Gina Edwards of King St Gallery contacted Mayor Diodati on behalf of artist) Date Reviewed: July 19 2021 Title: Niagara Dawn Artist/Applicant: David Low Category: Photograph Date Submitted: September 13, 2021 Date Reviewed: September 13, 2021 (purchased from the Niagara Falls Art Competition by PAATF) Title: Niagara Falls from the American Side Artist/Applicant: James E Pay Category: Acrylic on canvas Date Submitted: September 13, 2021 Date Reviewed: September 13, 2021 Title: The Brink of the Horseshoe Falls Niagara Artist/Applicant: James E Pay Category: Acrylic on canvas Date Submitted: September 13, 2021 Date Reviewed: September 13, 2021 Applications NOT Recommended for acquisition PAATF was asked to comment on the potential donation of the Private Watson Monument from the City of St Catharines - - PAATF would not recommend bringing the Monument into the collection. Internal found item NOT recommended Title: Carnegie Building Artist: unknown Category: Visual Art Date Submitted: September 13, 2021 Date Reviewed: September 13, 2021 Note: The painting was found in the CORE building by City staff and went to the NF Library as it was assumed to be part of a collection they hold. Items accepted to the collection will be displayed in various locations within city facilities. To see the complete collection and their locations, visit the public database. Analysis The works were considered by the PAATF based on the criteria established in the Public Art Policy. Page 3 of 5 Page 689 of 751 Operational Implications and Risk Analysis The works accepted into the collection do have spatial storage needs. Currently, all items in the public art collection reside on City property, including offices and public outdoor spaces. Staff is required to ensure proper paperwork and documentation is followed to ensure transfer of ownership and long-term understanding of the collection. Works in the collection do require ongoing monitoring and maintenance when necessary. Financial Implications/Budget Impact Strategic/Departmental Alignment The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, and creative community. Through public art, the City can stimulate a sense of pride and commitment from residents and visitors to the City of Niagara Falls. List of Attachments Public Art acquisitions 2021 Written by: Clark Bernat, Culture & Museums Manager Submitted by: Status: Kathy Moldenhauer, Director of Recreation & Culture Approved - 15 Mar 2022 Jason Burgess, CAO Approved - 15 Mar 2022 Page 4 of 5 Page 690 of 751 PUBLIC ART 2021 Nik Wallenda Above the Falls NEW ACQUISITIONS Niagara Dawn Brink of the Horseshoe Falls Niagara Falls from the American Side Artist: David Low PhotographArtist: John M Whyte Acrylic on canvas Artist: James E Pay Acrylic on canvas Page 5 of 5 Page 691 of 751 Henry Miller -State Warden /Cérémoniaire d’Etat 393 Rymal Rd.West,Suite 201,Hamilton,ON L93 1V2 T:416-932-8420 C:416481-6535 statewarden@ontariokofc.ca www.ontariokofc.ca February 25,2022 His Worship the Mayor and Council The City of Niagara Falls 4310 Queen Street,P.O.1023 Niagara Falls,Ontario Canada L2E 6X5 Re Proclamation of Knights of Columbus Week in Niagara Falls Your Worship and Council: In 2019 you graciously proclaimed Knights of Columbus Week in Niagara Falls in connection with our Ontario State Convention,which was held,in person,in Niagara Falls,April 26 through 28,2019.We are excited that we will be holding our 2022 Ontario State Convention,in person,in Niagara Falls, April 22 through 24,2022. Accordingly,we would be most grateful to you for proclaiming April 17 through April 24,2022 as Knights of Columbus Week in Niagara Falls. We look forward to working with the Mayor’s Office to address details of your engagement with us during that time. Thank you very much for your kind attention to this matter. Sincerely, 2 Henry Mi ler State Warden and Convention Director Page 692 of 751 1 Heather Ruzylo To:Henry Miller Subject:RE: [EXTERNAL]-Thank You - Request Knights of Columbus of Ontario - Convention From: Henry Miller <statewarden@ontariokofc.ca> Sent: Friday, February 25, 2022 2:20 PM To: Carey Campbell <ccampbell@niagarafalls.ca>; Sarah Conidi <sconidi@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Cc: Subject: [EXTERNAL]-Thank You - Request Knights of Columbus of Ontario - Convention Hello Carey and Colleagues, Thank you, Carey, for your gracious and thorough assistance in connection with our Knights of Columbus 2022 Ontario State Convention. Your email, Carey, very nicely captures further details. We look forward to working with you as the Convention approaches and takes place. Thank you. All the best, Henry Henry Miller Ontario State Warden /Cérémoniaire d'État de l'Ontario Knights of Columbus / Chevaliers de Colomb From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: February 25, 2022 1:28 PM To: Sarah Conidi <sconidi@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Cc: Henry Miller <statewarden@ontariokofc.ca>; < Subject: Request Knights of Columbus of Ontario - Convention EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 693 of 751 2 Hello all: Henry Miller Knights of Columbus of Ontario Mr. Miller called to make a request for a proclamation of Council – they have their convention here again (2019 and now again in 2022) April 22-24 at Fallsview Sheraton.  He is requesting that the week is proclaimed – Knights of Columbus Week in Niagara Falls (17th of April to the 24th).  He would also like to request that the KofC flag be raised at City Hall and is looking for a greeting from the mayor at the convention.  Their State Banquet is Saturday, April 23rd and he has kindly invited the mayor to attend dinner and mass on that evening as well. Thank you Bill and Sarah for making arrangements for Mr. Miller’s requests here. carey www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is str ictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you ; and fall back to action Wrap if the disclaimer can't be inserted. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 694 of 751 1 Heather Ruzylo To:Enzo De Divitiis Subject:RE: [EXTERNAL]-Niagara Pride Week Festival 2022- Pride Niagara Annual Pride Flag Raising From: Enzo De Divitiis <chair@prideniagara.com> Sent: Monday, March 7, 2022 2:37 PM To: Sarah Conidi <sconidi@niagarafalls.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: Re: [EXTERNAL]-Niagara Pride Week Festival 2022- Pride Niagara Annual Pride Flag Raising Good afternoon Sarah, Thank you , it's always wonderful to connect with you as well! Hello Heather , if you have any questions I can answer , please reach out at any time! Thanks again for your ongoing support ! -- Happy Pride! With advance gratitude Enzo De Divitiis He/him/his Pride Niagara Board of Directors chair@prideniagara.com ................................................. Pride Niagara Confidentiality Notice The information contained in this communication, including any attachments, may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution, disclosure or copying of this communication or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. From: Enzo De Divitiis <chair@prideniagara.com> Sent: Tuesday, March 1, 2022 8:04 PM To: Sarah Conidi <sconidi@niagarafalls.ca> Subject: [EXTERNAL]-Niagara Pride Week Festival 2022- Pride Niagara Annual Pride Flag Raising Page 695 of 751 2 Good morning Sarah, I Hope you are staying healthy, safe, and connected. With Pride month quickly approaching we have been working on fun and innovative ways to deliver our community programming while prioritizing everyone's safety. For the 12th year, Pride Niagara is eager to invite all Niagara’s municipalities to join us for Pride Niagara’s Annual Pride Flag raising Monday May 30th. A part of Niagara Pride Week Festival 2022 (May 28th – June 5th) Pride Niagara requests that each municipalities Mayor (or council representatives) raise the Progress Pride flag (provided by Pride Niagara) Monday May 30th. Alongside a Pride Niagara Board member, we ask each municipalities Mayor (or council representatives) to share words of support and acknowledgement to our LGBTQ+ community. We are also asking that each municipality deliver a statement of support for Niagara’s LGBTQ+ communities, Pride Niagara, Niagara Pride week and International Pride month during the opening remarks of their first June Council meeting. June is internationally recognized and celebrated as Pride month. Although we greatly encourage each municipality to have the flag raised the month of June, we request the flag to be flown for a minimum of Niagara Pride week. Once your participation is confirmed we can schedule time to coordinate within all municipalities that day. We look forward to continuing building the tradition with each municipality and sincerely hope we can work together. Stay safe and connected Enzo -- Happy Pride! With advance gratitude Enzo De Divitiis He/him/his Chairperson 2020/2021 Pride Niagara Board of Directors chair@prideniagara.com ................................................. Pride Niagara Confidentiality Notice The information contained in this communication, including any attachments, may be confidential, is intended only for the use of the recipient(s) named above and Page 696 of 751 3 may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution, disclosure or copying of this communication or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 697 of 751 1 Heather Ruzylo To:Jacklyn Thomson Subject:RE: [EXTERNAL]-Flag Raising - Children's Mental Health Awareness Week From: Sarah Conidi <sconidi@niagarafalls.ca> Sent: Saturday, March 5, 2022 9:46 AM To: Jacklyn Thomson <JThomson@Pathstone.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: RE: [EXTERNAL]-Flag Raising - Children's Mental Health Awareness Week This email originated outside Pathstone Mental Health. Please support our commitment to safeguard person al health information by ensuring you recognize the sender and know the content is safe prior to clicking on links or opening attachments. Hi Jackie! Thanks for reaching out to request a flag raising for Children's Mental Health Awareness Week. I have included Heather from our Clerk’s Department who will present the request to council at an upcoming meeting. Once approved, I’d be happy to work with you to have the flag raised on the Monday for the week. Sarah Conidi, J.D. | Scheduler / Executive Assistant | Offices of the Mayor & CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | sconidi@niagarafalls.ca From: Jacklyn Thomson <JThomson@Pathstone.ca> Sent: Tuesday, March 1, 2022 4:37 PM To: Sarah Conidi <sconidi@niagarafalls.ca> Subject: [EXTERNAL]-Flag Raising - Children's Mental Health Awareness Week Good afternoon, Sarah: The year Children’s Mental Health Awareness Week will run from May 2 -8, 2022. I am reaching out to you today to ask if, once again, the City of Niagara Falls would support the celebration of the week and bring awareness to children’s mental health, especially with their struggles over the past two years, by raising the CMHAW flag for the week. In previous years the flag has typically been raised on the Monday and flies for the duration of the week. The consideration and support of the City of Niagara Falls would once again be very much appreciated. If you have any questions please don’t hesitate to reach out to me. Thank you, Sarah. Enjoy your day! Stay safe and well, Jackie Jacklyn E. Thomson Page 698 of 751 2 Executive Assistant Pathstone Mental Health is now open by appointment only. For more information visit www.pathstonementalhealth.ca/. Our Crisis & support Line remains open 24.7 at 1-800-263- 4944 where you can speak with a counsellor about any problems, big or small. Pathstone Mental Health 1338 Fourth Avenue (Branscombe Mental Health Centre) St. Catharines, ON L2S 0G1 Ph: 905-688-6850 Ext. 197 Fax: 905-688-9951 www.PathstoneMentalHealth.ca Pathstone Mental Health is proud to be a Lead Agency for Niagara. Find out more by visiting PathstoneMentalHealth.ca Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Avis de confidentialité: Les informations contenues à l'intérieur de ce courriel, y compris tous les documents qui y sont attachés, sont pour l'usage exclusif du/des destinataire(s) désignés ; car elles peuvent être de nature confidentielle et privilégiée. N'importe quelle revue, utilisation, divulgation ou distribution non autorisée est interdite. Si vous n'êtes pas le ou les destinataire(s) désignés, veuillez immédiatement en aviser l'expéditeur par courriel et assurer vous d'avoir détruit toutes les copies du message original. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 699 of 751 1 Heather Ruzylo From:D.J. Brooks Sent:Monday, March 14, 2022 1:12 PM To:Sarah Conidi; Heather Ruzylo Subject:Flag Raising - Senior's Month Hi Sarah/Heather, As we rapidly approach June the Seniors Advisory Committee has been considering ways to celebrate all things Seniors in our City. One of our ideas to celebrate Seniors Month was to manufacture a Senior’s Flag for our City – so we did! The Niagara Falls Seniors Advisory Committee formally asks that Mayor and Council raise and fly the Seniors Flag (as provided by the committee) in the month of June. Understanding that June is also Pride Month and a request has been made by an affiliated association for their flag to be flown we respectfully request a ceremony following their flag’s time as we do not want to be seen as competing with another organization’s message. Further, on Monday, June 6th (at the completion of Pride Week), we would also request a ceremonial flag-raising with our Seniors Advisory Committee members, the Mayor, and Members of Council (those available) to celebrate all that Senior do for our City. If the Pride flag will still be flying at that time we can accommodate a later date in June at Council’s discretion. We thank you for considering our request. DJ Brooks, BRLS, MA | Recreation Assistant | Recreation & Culture | City of Niagara Falls 7150 Montrose Rd. | Niagara Falls, ON L2H 3N3 | (905) 356-7521 ext 4132 | Fax 905-354-7224 | dbrooks@niagarafalls.ca Click here to sign up for our E-Newsletter Page 700 of 751 AMBASSADE D’HA'|'T|AU CANADA 1.’/lmbassadear AHC/AMB/040/2022 Ottawa,March 10,2022 M.Jim Diodati Mayor of Niagara Falls Maire de Niagara Falls 4310 QueenSt Niagara Falls,ON L2E 6X5 Dear Mayor, I would like to express my utmost appreciation to Your Honour and to the Municipal Counsel of Niagara Falls for declaring May 18,2021,Haitian Day inNiagara Falls.It was a source of pride for Haiti all over the world,especially in Canada. I would like,this year again,to submit the request to the Municipal Counsel of Niagara Falls to declares May 18,2022 “Haitian Day”. As you know,May 18 is the most celebrated Haitian national day in Haiti and its diaspora.On that day,in 1803,Haitians,in the midst of their war for independence, created the Haitian ?ag.For more than 200 years,Haitians all over the world including in Canada have commemorated this day with pride and dignity.It would be an honour for me as the Ambassador of Haiti and for the 150.000 Haitians living in Canada if the Municipality of Niagara Falls decides,this year and the years to come,to associate the beloved City of Niagara Falls to this celebration by raising the Haitian flag,and illuminating the Niagara Falls with the colours of Haiti (red and blue). I avail myself of this opportunity to express to you,Dear Mayor,the assurances U/u5uZ§’xV4.tfa¢.Weibert Arthus,PhDAmbassador85,rue Albert,bureau 1110,Ottawa (Ontario)K1P 6A4Tél.:613-238-1628,Téléc.:613238-2986,E—mai|:info@ambassade—haiti.caPage 701 of 751 March 9, 2022 Dear Niagara Falls City Council, I would like to introduce myself. My name is Chrissy Sadowski and I am the Fund and Volunteer Coordinator for Autism Ontario – South Region. Recently, Autism Ontario changed its model from Chapters to Regions. Our new South Region includes Niagara, Norfolk, Hamilton, Haldimand and Brant. What does this mean? It means we are able to reach more areas and more communities with our services and programs. It means we are able to support those on the spectrum along with their families and caregivers. It means we are able to create opportunities for those who may not have had it before. And we are excited! As a Council, we look forward to working with you in your community, whether it be through supporting a fundraiser, giving a donation towards one of our programs, or helping to spread Autism awareness and acceptance through your community. We want families to know we are here for them and we want to share the services we provide – for those on the Autism Spectrum, their family members and their caregivers. We invite you to share in our vision “Best Life, Better World, Making Autism Matter!” because having your support would be so significant as we grow to support your community. Please let me know if you have any questions and we can chat further. You can contact me at chrissy.sadowski@autismontario.com or at 1-800-472-7789 ext. 257. Thank you so much! Chrissy Sadowski Page 702 of 751 Dear Niagara Falls City Council, We are excited to share with you that Autism Ontario is currently planning and preparing for World Autism Day 2022 celebration activities. Historically identified as Raise the Flag, this year’s campaign has shifted to embrace the theme Celebrate the Spectrum. Celebrate the Spectrum is an opportunity for positive action to provide spaces of support and advocacy for our diverse communities while learning about autism and how we can all make our communities more inclusive places for people on the autism spectrum. We invite you to commit to this important campaign that unites families, schools, communities, government, and professionals in recognizing World Autism Day while bringing to light the systemic barriers that must be removed to create a more supportive and inclusive Ontario. Learn more in a letter from our Executive Director Marg Spoelstra. To formally acknowledge the day, Autism Ontario is inviting all municipalities to proclaim publicly April 2, 2022, as World Autism Day. We have attached a proclamation template for your purpose and hope that you will embrace this opportunity to “Celebrate the Spectrum.” If you choose to engage in this important day that celebrates diversity, inclusion and equity please email myself at Chrissy.sadowski@autismontario.com. Should you have questions or require additional information please feel free to contact me. Respectfully, Chrissy Sadowski Learn more at www.autismontario.com Page 703 of 751 (Mayor name or designate) of the city of (city name) do hereby proclaim April 2 as World Autism Day WHEREAS: World Autism Day will be recognized on April 2, 2022, in Canada thanks to Senator Jim Munson’s Bill S-206, An Act Respecting World Autism Awareness Day; and WHEREAS: Autism Spectrum Disorder (ASD) affects more than 135,000 Ontarians. Autism Spectrum Disorder is a neurodevelopmental disorder affecting 1 in every 66 Canadian children, as well as their friends, family, and community; and approximately 1 - 2% of the Canadian population is on the autism spectrum.  WHEREAS: ASD is a spectrum disorder, which means it not only manifests itself differently in every individual in whom it appears, but its characteristics will change over the life of each person as well. A child on the autism spectrum will become an adult on the autism spectrum; and WHEREAS: Autism Ontario is the leading source of information and referral on autism and one of the largest collective voices representing the autism community. Since 1973, Autism Ontario has been providing support, information, and opportunities for thousands of families and individuals across the province. WHEREAS: Autism Ontario is dedicated to increasing public awareness about autism and the day-to-day issues faced by individuals with autism, their families, and the professionals with whom they interact. The association and its Regions share common goals of providing information and education, supporting research, and advocating for programs and services for the autism community; and THEREFORE: I (Mayor Name or Designate), do hereby declare April 2 as World Autism Day. Dated at (municipality), Ontario this 2nd day of April, 2022. Page 704 of 751 (Nom du maire ou de son représentant désigné) de la ville de (nom de la ville), proclame, par la présente, Le 2 avril Journée mondiale de l’autisme ATTENDU : Que la Journée mondiale de l’autisme sera reconnue officiellement au Canada, le 2 avril 2022, grâce au sénateur Jim Munson qui a présenté et fait adopter le projet de loi S- 206 instituant la Loi sur la Journée mondiale de sensibilisation à l’autisme; et ATTENDU : Que le trouble du spectre de l’autisme affecte plus de 135 000 personnes en Ontario. Le trouble du spectre de l’autisme est un trouble neurodéveloppemental qui touche un enfant canadien sur 66 ainsi que leurs amis, leurs familles et la collectivité; environ 1 à 2 % de la population canadienne est aux prises avec le trouble du spectre de l’autisme.  ATTENDU : Que le trouble du spectre de l’autisme (TSA) se manifeste différemment chez chaque personne qu’il touche et que ses caractéristiques se modifieront tout au long de la vie de chacun. Autrement dit, un enfant autiste deviendra un adulte autiste. ATTENDU : Qu’Autisme Ontario est la principale source d'information et de référence sur l’autisme et l’une des plus importantes voix collectives qui représentent la communauté autiste. Que, depuis 1973, Autisme Ontario fournit un soutien, de l’information et des possibilités à exploiter à des milliers de familles, dans l’ensemble de la province; ATTENDU : Qu’Autisme Ontario ne ménage aucun effort pour sensibiliser le public à l’autisme et aux difficultés quotidiennes auxquelles sont confrontés les personnes autistes elles- mêmes, leurs familles et les professionnels qui interviennent auprès d’elles. Que l’association et ses régions partagent des buts communs d’information et d’éducation, de soutien à la recherche et de revendication de programmes et de services pour la communauté de l’autisme; et POUR CES MOTIFS : Je, (maire de la ville ou son remplaçant désigné), déclare, par la présente, que le 2 avril devient Journée mondiale de l’autisme. Fait à (nom de la municipalité), Ontario, ce 2e jour d’avril 2021. Page 705 of 751 1 Heather Ruzylo Subject:Filipino flag raising ceremony From: Sarah Conidi <sconidi@niagarafalls.ca> Sent: Friday, March 18, 2022 10:04 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca>; Aida Mulley <amulle763@gmail.com> Subject: FW: [EXTERNAL]-Filipino flag raising ceremony Hi Heather! I am including Aida who is requesting a flag raising. Once approved by Council, I’ll work with Aida to confirm the best date and time for the flag raising ceremony. Sarah Conidi, J.D. | Scheduler / Executive Assistant | Offices of the Mayor & CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | sconidi@niagarafalls.ca From: Aida Mulley < Sent: Thursday, March 17, 2022 4:41 PM To: Sarah Conidi <sconidi@niagarafalls.ca> Subject: [EXTERNAL]-Filipino flag raising ceremony Hello Sarah good day to you, Our Association want to know if we can do our flag raising ceremony after the Clean sweep event June 11 since most of our members will be participating on that day. Please advise us, we celebrate our Independence day on June 12 let us know what day will be good for you. Thank you, Aida FCAN Executive CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 706 of 751 March 4, 2022 Ann-Marie Norio Regional Clerk Niagara Region 1815 Sir Isaac Brock Way P.O. Box 1042 Thorold, ON L2V 4T7 Sent via email: Ann-Marie.Norio@niagararegion.ca Re: Standing with People of Ukraine Our File: 35.2.2 Dear Ms. Norio, At its meeting held on February 28, 2022, St. Catharines City Council approved the following motion: WHEREAS Ukraine is facing an unprecedented and unjustified attack on their people, their sovereignty, and their territory; and WHEREAS the actions by Russia are in violation of international law and the UN Charter, and is an attack on democracy and freedom – one that will have catastrophic consequences, putting countless civilian lives at risk; and WHEREAS The City of St. Catharines stands with the people of Ukraine, Ukrainian communities across Niagara and those around the world in strongly condemning this brazen and unprovoked attack; and WHEREAS the City stands for pursuing a course of peace and understanding, that relegates war to the past; THEREFORE BE IT RESOLVED that the City of St. Catharines show support for the strict sanctions the federal government has imposed on Russia and join the call for immediate cessation of all military activity and instead pursue a diplomatic resolution; and BE IT FURTHER RESOLVED that the City call on the Federal government to welcome those fleeing the conflict with Ukraine into our country with open arms. If you have any questions, please contact the Office of the City Clerk at extension 1524. Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services, Office of the City Clerk :em cc: Local area municipalities Page 707 of 751 Page 1 of 1 March 11, 2022 The Honourable Stephen Lecce Via Email: stephen.lecce@pc.ola.org Minister of Education 5th Floor 438 University Avenue Toronto, ON M5G 2K8 Dear Mr. Lecce: Re: City of Port Colborne Resolution Re: Social Determinants of Health Advisory Committee – Everyone Matters – Early Learning and Child Care Plan Please be advised that, at its meeting of February 22, 2022, the Council of The Corporation of the City of Port Colborne resolved as follows: That Council support the request from the Social Determinants of Health Advisory Committee – Everyone Matters and send a letter to the province asking them to support the Early Learning and Child Care Plan whereby the province would enter into an agreement with the federal government to implement this plan and that the letter be circulated to all Niagara municipalities for support. A copy of the above noted correspondence is enclosed for your reference. Sincerely, Amber LaPointe City Clerk ec: Local Niagara Municipalities Municipal Offices: 66 Charlotte Street Port Colborne, Ontario L3K 3C8 · www.portcolborne.ca T 905.835.2900 ext 106 F 905.834.5746 E amber.lapointe@portcolborne.ca Corporate Services Department Clerk’s Division Page 708 of 751 To: Members of City Council From: Social Determinants of Health Advisory Committee – Everyone Matters Date: February 3, 2022 Re: Recommendation re Early Learning and Child Care Plan At the February 3, 2022 meeting of the Social Determinants of Health Advisory Committee – Everyone Matters, the following motion was passed: Moved by L. Kleinsmith Seconded by B. Steele That the Social Determinants of Health Advisory Committee – Everyone Matters requests the Port Colborne City Council send a letter to the province asking them to support the Early Learning and Child Care Plan whereby the province would enter into an agreement with the federal government to implement this plan and that the letter be circulated to all Niagara municipalities for support. CARRIED. Memorandum Page 709 of 751 31940 Highway #3 • P.O. Box 40 • Wainfleet, ON • L0S 1V0 PHONE 905.899.3463 • FAX 905.899.2340 • www.wainfleet.ca March 11, 2022 Ministry of Municipal Affairs and Housing 777 Bay Street, 17th Floor Toronto, ON M7A 2J3 Office of the Regional Clerk 1815 Sir Isaac Brock Way PO Box 1042 Thorold, ON L2V 4T7 SENT ELECTRONICALLY RE: Settlement Area Boundary Review Please be advised that at its meeting of February 15, 2022, the Council of the Corporation of the Township of Wainfleet passed the following motion: WHEREAS Niagara Region is currently undertaking a Regional Official Plan review and has conducted a corresponding Rural Settlement Area Boundary Review to identify the most appropriate and feasible locations to accommodate future growth, to 2051, within Niagara Region and the Township of Wainfleet ; and WHEREAS as a result of the Rural Settlement Area Boundary Review, Niagara Region is recommending an expansion to the Wainfleet Village Rural Settlement Area Boundary in the vicinity of Bell Road to accommodate future projected growth; and WHEREAS the lands that are recommended to be included within the expanded Wainfleet Village Rural Settlement Area Boundary, designated as Prime Agricultural Lands in all applicable planning documentation, are presently being successfully utilized for the growing of crops; and WHEREAS the Council of the Township of Wainfleet acknowledges the need to plan for future growth but is equally concerned about the potential loss of Prime Agricultural Land from its inventory of good, productive agricultural lands; and WHEREAS there are areas of the Township that are presently designated as Rural Lands, but not having a Prime Agricultural Land designation, that Council considers to be more appropriate candidate lands for future growth and intensification; and Township of Wainfleet “Wainfleet - find your country side!” Page 710 of 751 2022 03 11 Page 2 31940 Highway #3 • P.O. Box 40 • Wainfleet, ON • L0S 1V0 PHONE 905.899.3463 • FAX 905.899.2340 • www.wainfleet.ca WHEREAS Council has been advised that current Provincial and Regional policies prevent the direction of growth to these areas as they have not been historically designated as settlement areas and, likewise, that the establishment of new settlement areas is prohibited; NOW THEREFORE, BE IT RESOLVED, THAT the Council of the Township of Wainfleet does hereby respectfully request that the Province of Ontario and the Region of Niagara to reconsider the prohibition on the establishment of new settlement areas in cases where planning for future growth would otherwise negatively impact on the supply of Prime Agricultural Lands within a municipality; AND THAT a copy of this resolution be shared with the Province of Ontario, the Region of Niagara and the Region’s Local Area Municipalities. CARRIED Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact the undersigned. Regards, Meredith Ciuffetelli Deputy Clerk mciuffetelli@wainfleet.ca Page 711 of 751 Ministry of Northern Development, Mines, Natural Resources and Forestry Policy Division Director’s Office Crown Forests and Lands Policy Branch 70 Foster Drive, 3rd Floor Sault Ste. Marie, ON P6A 6V5 Ministère du Développement du Nord, des Mines, des Richesses naturelles et des Forêts Division de la politique Bureau du directeur Direction des politiques relatives aux forêts et aux terres de la Couronne 70, rue Foster, 3e étage Sault Sainte Marie, ON P6A 6V5 March 03, 2022 Re: Seeking input about the use of floating accommodations on waterways over Ontario’s public lands Greetings, The Ministry of Northern Development, Mines, Natural Resources and Forestry (NDMNRF) would like to make you aware of a Bulletin recently posted to the Environmental Registry of Ontario [https://ero.ontario.ca/notice/019-5119]. We are seeking to engage municipalities on potential ideas and approaches to manage “camping” and the use of floating accommodations on waterways over Ontario’s public lands. The ministry is seeing increased interest in the use of waterways by various types of vessels (i.e., watercrafts equipped for overnight accommodation). In some cases, the ministry has heard concerns relating to vessels that are primarily designed for accommodation and not navigation. We are seeking input from the public, Indigenous communities, and municipal associations, and various stakeholders including your organization by April 19, 2022. Input from this process will inform consideration of potential future changes intended to address growing concerns around the impacts of this activity on Ontario waterways and those who use them. Please note, no regulatory changes are being proposed at this time. Any regulatory or policy changes that may be considered in the future would be posted on the Environmental Registry for consultation purposes. If you have any questions, please reach out to Julie Reeder, Sr. Program Advisor, Crown Lands Policy Section at Julie.reeder@ontario.ca. Sincerely, Peter D. Henry, R.P.F. Director Crown Forests and Lands Policy Branch Page 712 of 751 c. Pauline Desroches, Manager, Crown Lands Policy Section Julie Reeder, Sr. Program Advisor, Crown Lands Policy Section Page 713 of 751 His Worship Jim Diodati, Mayor of Niagara Falls 4310 Queen St Niagara Falls, Ontario Canada L2E 6X5 Re: Property Tax Incentives for Hotels That Help Resettle Ukrainian Refugees Mayor Diodati, Since the February 24 invasion of Ukraine by the Russian Federation, millions of Ukrainians have had to flee their homes and their country to avoid perishing in Russia’s war of choice. From the beginning, the City of Niagara Falls has been incredibly supportive to the Ukrainian-Canadian community, and the larger Ukrainian diaspora worldwide. With an already strong Ukrainian community, Niagara is sure to become home to many Ukrainians seeking a life away from war. These refugees will need our help to resettle, and rebuild their uprooted lives. NiagaraGives has called upon hotel companies Canadian Niagara Hotels, as well as Hilton Worldwide to provide a set number of rooms at their hotels in Niagara Falls to be used as temporary accommodation for Ukrainian refugees resettling to our community. If these hotels choose to do this, they would be voluntarily taking a financial loss, losing out on the revenue provided by each room. For this reason I believe that the City of Niagara Falls should reward the companies that make this financial sacrifice. Mayor Diodati, I respectfully request that the City of Niagara Falls offer a one-time tax credit on municipal property taxes for any Niagara hotels that choose to provide rooms as temporary accommodation for Ukrainian refugees entering our community. Sincerely, Josh “Yasyszcjosh” Bieuz-Yasyszczuk Founder & Volunteer Community Director, NiagaraGives Page 714 of 751 J. Paul Dubé, Ombudsman 483 Bay Street, 10th Floor, South Tower / 483, rue Bay, 10e étage, Tour sud Toronto, ON M5G 2C9 Tel./Tél. : 416-586-3300 Facsimile/Télécopieur : 416-586-3485 TTY/ATS : 1-866-411-4211 www.ombudsman.on.ca Facebook : facebook.com/OntarioOmbudsman Twitter : twitter.com/Ont_Ombudsman YouTube : youtube.com/OntarioOmbudsman BY EMAIL March 9, 2022 Council for the City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Members of Council for City of Niagara Falls, Re: Report – Office of the Ontario Ombudsman I have completed my investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020. My final report is enclosed. In accordance with section 14.1 (8) of the Ombudsman Act, the municipality should make my report available to the public, and we ask that this be done no later than the next council meeting. In accordance with s. 239.2(12) of the Municipal Act, 2001, the City should pass a resolution stating how it intends to address this report. Pursuant to section 14.1 (9) of the Ombudsman Act, I will also post a copy of the report on my website at www.ombudsman.on.ca. Yours truly, Paul Dubé Ombudsman of Ontario Cc: Bill Matson, City Clerk Page 715 of 751 Ombudsman Report Investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020 Paul Dubé Ombudsman of Ontario March 2022 Page 716 of 751 Investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020 March 2022 1 Complaint 1 My Office received a complaint about a closed meeting held by council for the City of Niagara Falls (the “City”) to discuss the process for establishing a Chief Administrative Officer (CAO) recruitment sub-committee (the “sub-committee”). We determined that this discussion took place on November 17, 2020. 2 The complaint alleged that council’s in camera discussion did not fall within any of the prescribed exceptions in the Municipal Act, 2001 (the “Act”).1 Ombudsman jurisdiction 3 Under the Act, all meetings of council, local boards, and committees of council must be open to the public, unless they fall within one of the prescribed exceptions. 4 As of January 1, 2008, the Act gives anyone the right to request an investigation into whether a municipality or local board has complied with the Act in closing a meeting to the public. The Act designates the Ombudsman as the default investigator for municipalities that have not appointed their own investigator to review complaints about whether the municipality or a local board has complied with the open meeting rules. 5 The Ombudsman is the closed meeting investigator for the City of Niagara Falls. 6 When investigating closed meeting complaints, we consider whether the open meeting requirements in the Act and the applicable procedure by-law have been observed. 7 Our Office has investigated hundreds of closed meetings since 2008. To assist municipal councils, staff, and the public, we have developed an online digest of open meeting cases. This searchable repository was created to provide easy access to the Ombudsman’s decisions on, and interpretations of, the open meeting rules. Council members and staff can consult the digest to inform their discussions and decisions on whether certain matters can or should be discussed in closed session, as well as issues related to open meeting procedures. Summaries of the Ombudsman’s previous decisions can be found in the digest: www.ombudsman.on.ca/digest. 1 SO 2001, c 25, s 239(2). Page 717 of 751 Investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020 March 2022 2 Investigative process 8 We received a complaint about a closed meeting held by council for the City of Niagara Falls to discuss the process for establishing a CAO recruitment sub- committee. 9 We reviewed the City’s procedure by-law and relevant portions of the Act. Additionally, we reviewed meeting records, including agendas and minutes from June 2020 to January 2021, and audio recordings of the November 17, 2020 and January 19, 2021 council meetings. 10 My Office also reviewed the City’s 2021 human resources (HR) report to learn more about when the sub-committee may have been formed and spoke with all nine members of council, the Clerk, and the HR Director. 11 Our review determined that the discussion took place on November 17, 2020 and we advised the City of our intent to investigate. 12 We received full co-operation in this matter. Procedure by-law 13 The City’s procedure by-law (No. 2019-04) states that all meetings shall be open to the public except as provided in section 239 of the Municipal Act, 2001. 14 The by-law also provides that all in camera items shall be discussed in a closed meeting prior to the regular council meeting, and that prior to proceeding in camera, council shall pass a resolution in open session to convene a closed meeting. 15 The by-law requires that the resolution state the general nature of the matter(s) to be considered during the closed meeting, and that council consider only those items contained in the resolution while meeting in closed session. 16 The City has adopted the best practice of recording all closed sessions, as well as broadcasting open council meetings live on YouTube, Facebook and on a local TV station. I commend the City for implementing this practice, as the recordings greatly assisted my Office during this investigation. Page 718 of 751 Investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020 March 2022 3 Formation of the CAO recruitment sub-committee 17 The purpose of the sub-committee was to advise a retained search firm on the development of desired requirements, qualifications and competencies for the CAO position; review position advertisements and postings; assess applicant resumes; and develop a candidate short list, to be recommended to council as a whole. 18 Sub-committee members were announced at the open meeting of council on January 19, 2021. As captured by the video recording for that meeting, two members of council indicated they were unaware of the requirement to express an interest in serving as a member of the sub-committee prior to the meeting. In response, the Mayor indicated that the sub-committee had already been discussed “a couple of times” in camera. Another member of council confirmed having discussed the matter “sometime in the fall.” 19 The Clerk indicated to our Office that the only meetings prior to January 19, 2021 at which council may have discussed the sub-committee occurred on June 23, 2020 and November 17, 2020. 20 Only the November 17, 2020 meeting occurred “in the fall,” as specified by the councillor during the January 19, 2021 meeting. 21 My Office found no evidence to suggest that the process for forming the sub- committee or its membership was discussed by council prior to November 17, 2020. 22 Further, there was no evidence that a quorum of council came together to discuss sub-committee membership between November 17, 2020 and January 19, 2021. Based on the information we reviewed, we determined on a balance of probabilities that the discussion about forming the sub-committee took place on November 17, 2020. November 17, 2020 in camera session of council 23 Due to the COVID-19 pandemic and the closure of City Hall, the public could not attend the November 17, 2020 meeting in person. The agenda for the meeting indicated that it would be broadcast on the City’s YouTube channel, Facebook page, and on a local TV station. Page 719 of 751 Investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020 March 2022 4 24 The agenda posted online also included a link to a proposed resolution, not yet passed by council. The resolution indicated that council would hold a closed meeting prior to its regularly scheduled meeting to discuss two topics: (i) a proposed or pending acquisition or disposition of land by the municipality and (ii) labour relations involving a bargaining update. The complaint received by our Office did not reference the first item. The closed session minutes indicate that the meeting was called to order at 3:00 p.m. and a resolution was passed to proceed into closed session. There was no public access to this portion of the meeting and it was not broadcast in any fashion. 25 Once in closed session, staff provided council with a presentation regarding the CAO recruitment process. 26 Those we spoke with told us that during the closed meeting, council discussed the proposed mandate of the sub-committee, the number of members, past and proposed screening processes, and the anticipated number of interviews to be conducted. One member of council shared an anecdote relating to his experience with a recruitment process in another municipality. No decisions about the composition of the sub-committee were made at this meeting. 27 Council then passed a motion to rise from closed session at 4:17 p.m. 28 Interviewees told us that the Mayor instructed councillors to express to him in writing their interest in being on the sub-committee. However, this instruction was not captured on the audio recording of the meeting and we did not receive any evidence confirming the timing of the Mayor’s statement. 29 As one councillor explained during his interview, “oftentimes discussion amongst councillors continues after the close of the meeting and things do not get captured on the recording.” 30 We were told that council convened in chambers for the open portion of the meeting 20 to 30 minutes later, at which time a live broadcast commenced. Some members of council participated virtually from home for this portion of the meeting. Page 720 of 751 Investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020 March 2022 5 Analysis Applicability of the exception for labour relations or employee negotiations 31 Under the Act, all meetings of council, local boards, and committees of council must be open to the public, unless they fall within a prescribed exception pursuant to the provisions of s. 239 of the Act. The City’s procedure by-law reiterates this point. 32 On November 17, 2020, council relied upon s. 239(2)(d) of the Act to discuss the CAO recruitment process. 33 Under s. 239(2)(d) of the Act, a meeting or part of a meeting may be closed to the public if the subject matter being considered involves labour relations or employee negotiations. 34 The exception for labour relations refers to discussions about the collective relationship between an employer and its employees.2 The purpose of the exception is to protect discussions relating to the relationship between the two.3 35 The phrase “labour relations” is interpreted expansively to include matters involving unionized or non-unionized staff, as well as remuneration outside of traditional employment arrangements.4 The exception allows for discussion of qualifications,5 terms of employment 6 and compensation7 relating to specific employees. It also allows for discussion of changes to staffing, workload and roles of particular employees.8 Staff performance, conduct and discipline may come within the exception,9 as may discussions involving hiring or terminating an employee.10 2 Whitestone (Municipality of) (Re), 2014 ONOMBUD 8, online: <https://canlii.ca/t/gtmj0>. 3 The Nation (Municipality of) (Re), 2019 ONOMBUD 4, online: <https://canlii.ca/t/j2b4c>. 4 Black River-Matheson (Township of) (Re), 2015 ONOMBUD 2, online: <https://canlii.ca/t/gtp6f>. 5 Baldwin (Township of) (Re), 2014 ONOMBUD 10, online: <https://canlii.ca/t/gtmh6>. 6 Leeds and the Thousand Islands (Township of) (Re), 2013 ONOMBUD 4, online: <https://canlii.ca/t/gtmhn>. 7 Ombudsman Ontario, Letter to Ombudsman to the Township of Bonfield, 2013, online: <https://www.ombudsman.on.ca/resources/reports-and-case-summaries/municipal- meetings/2013/township-of-bonfield-en>. 8 Welland (City of) (Re), 2014 ONOMBUD 7, online: <https://canlii.ca/t/gtmhx>; Burk’s Falls / Armour (Village of / Township), 2015 ONOMBUD 26, online: <https://canlii.ca/t/gtp6w>. 9 South Huron (Municipality of) (Re), 2015 ONOMBUD 6, online: <https://canlii.ca/t/gtp80>. 10 Amherstburg (Town of), 2015 ONOMBUD 33, online: <https://canlii.ca/t/gtp7d>. Page 721 of 751 Investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020 March 2022 6 36 As explained in our 2014 report for the Town of Amherstburg, in cases where council’s discussion does not focus on a specific individual, but instead moves into discussion about a recruitment process generally, it will not fit within the exception for labour relations.11 In that case, council discussed the process it would follow in order to recruit and hire a CAO. 37 The City of Niagara Falls council discussion on November 17, 2020 focused on the nature and role of a proposed staff position and overall recruitment process. No employees were discussed. Accordingly, the closed meeting discussion did not fit within the exception for labour relations. 38 The closed meeting discussion did not fit within any of the other exceptions contained in the Act and should have occurred in open session. Resolution to proceed in camera on November 17, 2020 provided an inaccurate description of matters to be discussed 39 Before moving into a closed session, a municipality, local board, or committee must state by resolution in open session that a closed meeting will be held and describe the general nature of the matter to be considered at the closed meeting.12 Section 9.5 of the City’s procedure by-law reiterates this point. 40 The description of the issue to be discussed in closed session should be provided in a way that maximizes the information available to the public while not undermining the reason for its exclusion.13 41 Council's resolution to proceed into closed session on November 17, 2020 indicated that council would meet in camera prior to the scheduled meeting to consider “matters dealing with labour relations involving a bargaining update.” 42 Whereas the resolution referred to a “bargaining update,” in reality, council discussed the formation of the sub-committee. Council’s description did not reflect the nature of the subject discussed in camera, as required by the open meeting rules. 11 Amherstburg (Town of) (Re), 2014 ONOMBUD 12, online: <https://canlii.ca/t/gtmhb>. 12 Municipal Act, s. 239(4). 13 Farber v. Kingston (City), 2007 ONCA 173. Page 722 of 751 Investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020 March 2022 7 Passage of the resolution to proceed in camera was not observable by the public 43 During the course of our review, we noted that although the proposed resolution to go in camera was published in advance of the November 17, 2020 meeting, the public was not able to observe the portion of the meeting when council passed the resolution. The public was not able to access the in-person meeting room, and this part of the meeting was not broadcast in any fashion. 44 Pursuant to section 239(4) of the Act, members of the public are entitled to observe council pass a resolution that states the general nature of the topics to be discussed in camera prior to holding a closed session. 45 The Ombudsman issued a report that addressed this issue to the City of Niagara Falls in July 2021.14 The City has since confirmed that it has taken steps to rectify the issue. I commend the City for its responsiveness. Opinion 46 Our investigation confirmed that council for the City of Niagara Falls contravened the Municipal Act, 2001 on November 17, 2020, as the closed session discussion about a CAO recruitment process did not fit within any exception to the open meeting rules. 47 Council for the City of Niagara Falls failed to describe the subject to be discussed in closed session in its resolution to proceed in camera on November 17, 2020. 48 Council for the City of Niagara Falls further contravened the Act when it passed a resolution to go in camera during a portion of the meeting that was effectively closed to the public, as the public was unable to attend in person or observe a live broadcast. As noted above, the City has since amended its practices to address this issue. 49 As a best practice, council for the City of Niagara Falls should take care to ensure that discussions relating to council business occur during formal meetings so that they are reflected in the minutes and audio recordings. 14 Niagara Falls (City of) (Re), 2021 ONOMBUD 13, online: <https://canlii.ca/t/jgvlg>. Page 723 of 751 Investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020 March 2022 8 Recommendations 50 I make the following recommendations to assist the City of Niagara Falls in fulfilling its obligations under the Act and enhancing the transparency of its meetings: Recommendation 1 All members of council for the City of Niagara Falls should be vigilant in adhering to their individual and collective obligation to ensure that the council complies with its responsibilities under the Municipal Act, 2001 and procedure by-law. Recommendation 2 Council for the City of Niagara Falls should ensure that only matters which fall within one of the exceptions under s. 239(2) of the Municipal Act, 2001 are discussed while in closed session. Recommendation 3 Council for the City of Niagara Falls should ensure that the description of the issue(s) to be discussed in closed session be provided in an accurate manner that maximizes the information available to the public while not undermining the reason for its exclusion. Recommendation 4 Council for the City of Niagara Falls should ensure that its resolutions to proceed in camera are passed during open session, recorded in the meeting minutes, and captured by the live broadcast. Report 51 Council for the City of Niagara Falls was provided with the opportunity to review a preliminary version of this report and provide comments. Given the ongoing COVID-19 pandemic, some adjustments were made to the normal preliminary review process to reflect the City’s remote meeting practices. We thank council and staff for their co-operation and flexibility. All comments received were considered in the preparation of this final report. 52 In response to a preliminary version of this report, the City submitted that it needed to discuss its plans for CAO recruitment in camera, as the information was sensitive and could have compromised its competitive position with respect to other municipalities. Although there may have been a desire to maintain confidentiality in order to protect various interests of the City, I must Page 724 of 751 Investigation into a closed meeting held by council for the City of Niagara Falls on November 17, 2020 March 2022 9 emphasize that council cannot bring a matter in camera simply because it is considered sensitive or confidential or potentially against the City’s interests to discuss it publicly. 53 Matters can only be discussed in camera if they fit squarely within the exceptions to the open meeting requirements. The Legislature, in its enactment and occasional amendments to the Municipal Act, 2001 has not created an exception that authorizes meeting in camera for the purposes cited by the City. As noted above, the discussion in closed session did not fit within any of the exceptions contained in the Act and should have occurred in open session. 54 This report will be published on my Office's website and the City of Niagara Falls should also make this report available to the public. In accordance with s. 239.2(12) of the Municipal Act, 2001, council is required to pass a resolution stating how it intends to address this report. __________________________ Paul Dubé Ombudsman of Ontario Page 725 of 751 March 18, 2022 Mr. Bill Matson, City Clerk City of Niagara Falls 4310 Queen St., P. O. Box 1023 Niagara Falls, ON L2E 6X5 Via Email ATTN: Council Dissertation Dear Bill: The organizers of the 15th annual Komedy for Kidneys Rodney Pentland Memorial Benefit Show taking place Thursday, April 14th at the Greg Frewin Theatre would appreciate City Council’s support via the purchase of a table of eight (8) tickets. As before, event proceeds will be donated to the Niagara Health Foundation in support of Dialysis Care in Niagara. To date, Komedy for Kidneys has raised over $110,000 for this worthy cause. Sincerely, Dino Fazio Founder & Co-Manager cc: Mayor Diodati The charity event was renamed in memory of Niagara Falls comedian, Rodney Pentland, who passed away in 2009 from complications related to kidney disease. Pentland continued to entertain crowds throughout his long battle with renal disease and was best known for his outstanding impressions of Robert DeNiro and Marlon Brando. Page 726 of 751 The City of Niagara Falls, Ontario Resolution March 22nd, 2022 No. 5 Moved by: Seconded by: WHEREAS subject to section 47 of the Planning Act, 1990 R.S.O. the Minister of Municipal Affairs and Housing may exercise any of the powers conferred upon Council by Section 34 (Zoning By-law) of the Planning Act; and, WHEREAS the applicant requests Council consider passing a resolution to support a Minister’s Zoning Order regarding lands bounded by Erie Road, Bridge Street, Queen Street and River Road; and, THEREFORE be it resolved that Council supports the requested Minister’s Zoning Order, subject to the following conditions: 1. That all lands beyond the lands bounded by Erie Avenue, Zimmerman Avenue, Bridge Street and Queen Street be subject to parking in accordance with the CB6 and CB3 zoning unless the 0.6 spaces per unit can be justified through a Parking Demand Analysis to the satisfaction of the City’s Municipal Works; 2. That the lands be subject to site plan approval subject to the policies and by-laws of the City and the urban design policies in 3.11 -3.13 in the Transit Station Secondary Plan; 3. That a condition be added to deal with Section 37 Community Benefits through the site plan approval process to be used in the downtown area for improvements, features or affordable housing; 4. That a minimum of 2 sq.m. of balcony space be provided in addition to the 2 sq.m. of indoor space and 2 sq.m. of outdoor space; 5. That the developer submits a parking demand analysis report to justify the 0.6 spaces per dwelling unit parking ratio and that the developer be permitted to construct the podium and the first two towers of the development only. After full occupancy, the parking capacity/need will need to be reevaluated throug h a subsequent study to confirm if the 0.6 spaces per unit is still an acceptable parking ratio for the overall development. Both reports will require Municipal Works approval; 6. That a heritage impact study be submitted as part of site plan approval proces s; 7. That future road widenings in accordance with Section 4.27.1 are not hindered by the proposed development; and, 8. That the City review in detail the draft by-law before submitting the final requested by-law to the Minister. Page 727 of 751 WHEREAS Council has determined such request to be appropriate; THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports the requested Ministry’s Zoning Order. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR S:\ZONING\AMS\2022\Bylaws\Resolution MZO Downtown NEW.docx Page 728 of 751 CITY OF NIAGARA FALLS By-law No. 2022 - Being a by-law to delegate specific authority to the Chief Administrative Officer during the Restricted Acts of Council Period AND WHEREAS Section 270 (1) of the Municipal Act, 2001, as amended, requires, in part, that a municipality adopt and maintain policies with respect to the delegation of its powers and duties and hiring of employees; AND WHEREAS Council adopted a policy with respect to delegation of powers and duties for the Corporation of the City of Niagara Falls which require that all delegations be authorized by municipal by-law; AND WHEREAS Section 275 of the Municipal Act, 2001, as amended, imposes restrictions on the actions that a Council during the election of a new co uncil, specifically relating the following actions: a) the appointment or removal from office of any officers of the municipality; b) the hiring or dismissal of any employee of the municipality; c) the disposition of any real or personal property of the municipality which has a value exceeding $50,000.00 at the time of disposal; and d) making any expenditures or incurring any other liability which exceeds $50,000.00; AND WHEREAS Section 275 (6) provides that nothing in Section 275 prevents any person or body from exercising any authority of a municipality that is delegated to the reason or body prior to nomination day for the election of the new council; and AND WHEREAS the Council of Corporation of the City of Niagara Falls deems it expedient to delegate specific authority to the Chief Administrative Officer during the restricted acts of council period in order to maintain business continuity, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. THAT the Council of the City of Niagara Falls hereby delegate the authority to the Chief Administrative Officer to: (a) Appoint or remove from office any officer of the municipality (except for an officer whose appointment is required under the Municipal Act, 2001); (b) Hire or dismiss any employee of the municipality (except for an officer whose appointment is required under the Municipal Act, 2001); (c) Dispose of any real or personal property of the municipality which has a value exceeding $50,000.00 at the time of disposal; and Page 729 of 751 2 (d) Make any expenditures or incur any other liability which exceeds $50,000.00; 2. THAT this By-law is and shall remain in force and effect from Nomination Day up to and including the date of the commencement of the new term of Council; and 3. THAT the Chief Administrative Officer shall submit a report to Council advising of any events relating to the exercising of this delegated power. Read a First, Second and Third time; passed, signed and sealed in open Council this 22nd day of March, 2022. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 730 of 751 CITY OF NIAGARA FALLS By-law No. 2022 - Being a by-law to amend the Procedure By-law 2019-04 to govern the procedures of Niagara Falls City Council. WHEREAS Section 238 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the “Municipal Act, 2001”) provides that every Council shall adopt a procedure for governing the calling, place and proceedings of meetings; AND WHEREAS Section 238 (3.1) of the Municipal Act, 2001, provides that applicable procedure by-law may provide that a member of council, of a local board or of a committee of either of them, can participate electronically in a meeting to the extent and in the manner set out in the by-law; AND WHEREAS the City of Niagara Falls deems it desirable to permit Council members to participate electronically in a meeting, and for such electronic participation to be counted in determining whether or not a quorum of members is present at any point in time during the meeting. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law: “Electronic Meeting” means a meeting called and held in full or in part via electronic means (including, but not limited to, audio teleconference, video teleconference, or via means of the internet), and with or without in person attendance. “Electronic Participation” shall mean a member of Council taking part in a meeting through the use of audio teleconference, video teleconference, or any other technology that provides for audio and/or visual participation, in place of attending the meeting in person. “Emergency” means an emergency declared by the province of Ontario or the Regional Municipality of Niagara or the City of Niagara Falls pursuant to section 4 or 7.0.1 of the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E9, as amended; “Procedure By-law” means the City By-Law No. 2019-04, as amended. “Quorum” means the majority of the members of Council, participating in person or via means that accommodate electronic participation. Page 731 of 751 2 Procedural By-law 2. The Procedure By-law shall be amended as follows: (a) Amend section 5.1: 5.1 All regular Meetings of Council shall be held in the Council Chambers at 4310 Queen Street, Niagara Falls, and by Electronic Participation via a digital meeting platform. The meeting may be held in full or in part via electronic means (including, but not limited to audio teleconference, video teleconference, or via means of the internet), and with or without in person attendance, in accordance with the schedule to be set annually and approved by Council, or at such other time or place as may be designated by Council from time to time. (b) Amend section 8.6: 8.6 A member of Council participating electronically shall be counted in determining whether or not quorum is met at any point during the meeting. (c) Amend section 15.7: 15.7 Notwithstanding section 15.1, if a member of Council is participating electronically, the Member may indicate their wish to speak to a matter under debate by verbally advising the Mayor of that wish. Where available, members of Council who are participating electronically are encouraged to use the “raise hand” and “lower hand” features of the digital meeting platform. (d) Add section 15.8: 15.8 Members of Council who are participating electronically have the same rights and responsibilities as if they were in physical attendance. Accordingly, members of Council who are participating electronically are encouraged to turn their cameras on while speaking and voting on a matter. (e) Add section 15.9: 15.9 Members of Council who are participating electronically will mute their electronic device when they are not speaking. (f) Add section 15.10: 15.10 Members of Council who are participating electronically will be deemed to have left the meeting when they are no longer electronically connected to the meeting. Page 732 of 751 3 (g) Add section 15.11: 15.11 Once a member of Council who is participating electronically disconnects from the meeting whether intentional or accidental, the member is deemed to have left the meeting Meetings during an Emergency 3. During an Emergency, meetings of Council shall be considered meetings open to the public if the meeting is live streamed to a service available to the public electronically. 4. Unless otherwise approved by Council, there shall be no presentations or delegations permitted at meetings held during the Emergency except as required by the provisions of the Municipal Act, 2001 or the Planning Act or any other Act. GENERAL 5. This By-law shall rescind(repeal) By-law 2020-24 as of its passing. 6. This By-law is effective on the date of its passing. Read a First, Second and Third time; passed, signed and sealed in open Council this 22nd day of March, 2022. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 733 of 751 CITY OF NIAGARA FALLS By-law No. 2022 - A by-law to authorize the use of optical scanning vote tabulators for the purpose of counting votes at the 2022 Municipal Elections, WHEREAS Section 42 (1)(a) of the Municipal Elections Act, 1996, S.O. 1996, c.32, provides that the Council of a municipality may, by by-law, authorize the use of vote- counting equipment, such as optical scanning vote tabulators for the purpose of casting ballots and counting votes at municipal elections; and WHEREAS Section 42(1)(b) of the Municipal Elections Act, 1996, S.O. 1996, c.32, provides that the Council of a municipality may, by by-law, authorizes a municipality to pass a by-law to allow alternative voting methods, such as vote by mail, that does not require electors to attend at a voting place in order to vote; and AND WHEREAS the Council of the Corporation of The City of Niagara Falls considers it desirable to pass such a by-law; NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That optical scanning vote tabulators are hereby authorized to be used for the 2022 Municipal Elections for the City of Niagara Falls in accordance with Section 42 of the Municipal Elections Act, S.O. 1996 as amended. 2. Vote by mail may be used as an option to cast ballots during Advance Polling for the 2022 municipal elections as well as on Election Day for institutions such as long term care facilities. 3. The City Clerk, acting as the Returning Officer for the municipal elections shall be authorized to take the necessary steps to implement the use of said systems. 4. That by-law 2017-45 is hereby repealed. Read a First, Second and Third time; Passed, signed and sealed in open Council this 22nd day of March, 2022. ........................................................ ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 734 of 751 CITY OF NIAGARA FALLS By-law No. 2022 - A By -law to appoint Deputy Lottery Licensing Officers. WHEREAS Order in Council 1413/08 provides that every municipality may issue licenses of lotteries in accordance with government regulation and legislation; and WHEREAS Section 227 of the Municipal Act, 2001 c.25, provides guidelines on roles of officers and employees of a municipality; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Anna Morocco, Bill Matson, Margaret Corbett, Heather Ruzylo, Debra Jones, and Marilyn Fabiano are hereby appointed Deputy Lottery Licensing Officer for the City of Niagara Falls, Ontario, effective the date of the passing of this By -law. 2. That the individuals named in paragraph 1 shall hold office during the pleasure of the Council and shall exercise all the authority, powers and rights and shall perform all the duties and obligations which by Statute or by -laws are or may be conferred or imposed upon the Deputy Lottery Licensing Officer and any other duties that may be imposed by Council. 3. That By -law No. 2017-139 is hereby repealed. Read a First, Second and Third time; Passed, signed and sealed in open Council this 22nd day of March, 2022. ........................................................ ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 735 of 751 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2022 - XX A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended, a) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Aintree Drive South/East (Inside of Curve) A point 220 metres north of Paddock Trail Drive (south intersection) and a point 250 metres west of Paddock Trail Drive (east intersection) At All Times This By-law shall come into force when the appropriate signs are installed. Passed this twenty-second day of March, 2022. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 22, 2022 Second Reading: March 22, 2022 Third Reading: March 22, 2022 Page 736 of 751 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2022 - XX A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: (a) By-law No. 89-2000, as amended, is hereby further amended a. by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Breadner Crescent West Parkway Drive (North) and Parkway At All Times Drive (South) Chipman Crescent West Sarah Street and Cattell Drive At All Times Parkway Drive East Callan Street and Cattell Drive At All Times Ussher Street East Sarah Street and Chipman Crescent At All Times Page 737 of 751 This By-law shall come into force when the appropriate signs are removed. Passed this twenty-third day of March, 2022. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: March 23, 2022 Second Reading: March 23, 2022 Third Reading: March 23, 2022 Page 738 of 751 CITY OF NIAGARA FALLS By-law No. 2022- A by-law to amend By-law No. 79-200, to permit the use of the lands for 67 townhouse dwelling units (AM-2021-018). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in the R4 zone, save and except for group dwellings including apartment dwellings. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area for a townhouse dwelling 247 square metres for each dwelling unit (b) Minimum front yard depth for a townhouse dwelling (i) for a dwelling unit (ii) for a covered porch 5.5 metres 4.2 metres (c) Minimum privacy yard depth for each townhouse dwelling unit, as measured from the exterior rear wall of every dwelling unit (i) for dwelling units abutting the north and south lot line 7.0 metres Page 739 of 751 2 (ii) for dwelling units that do not abut a lot line (iii) for all other dwelling units 6.0 metres 7.5 metres (d) The balance of regulations specified for an R4 use. 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C4 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R1B to R4 and numbered 1163. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1163 Refer to By-law No. 2022-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 22nd day of March, 2022. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 740 of 751 &&&&&&&&&&&& 1.2m 66.9m 92.3m 106.1m107.8m159.6m 1163Dorchester RdHigh StMouland AvDepew AvLeeming St Garden St Woodland BvR4 SCHEDULE 1 TO BY-LAW NO. 2022- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2021\Schedule\Zoning\18\AM_2021_018\AM_2021_018.aprx Centennial Homes (Niagara) Inc. 272506001402601 AM-2021-018 ¹ 2/17/2022 Description:PART BLOCK A, PLAN 54 STAMFORD AS IN 753414, RO673150 AND PART 1, 59R-10018; CITY OF NIAGARA FALLS PIN 64313-0336 (LT) NTS Page 741 of 751 CITY OF NIAGARA FALLS By-law No. 2022 - A by-law to designate Blocks 100, 103 & 104, Registered Plan 59M-484, not to be subject to part-lot control (PLC-2022-002). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200, as amended by By-law No. 2019-003 to permit on-street townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide Block 100 into 6 parcels, Block 103 into 6 parcels and Block 104 into 5 parcels, to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Blocks 111, 103 & 104, Registered Plan 59M-484, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Read a First, Second and Third time; passed, signed and sealed in open Council this 22nd day of March, 2022. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 742 of 751 CITY OF NIAGARA FALLS By-law No. 2022 – A by-law to authorize the execution of a revised Revitalization Grant Agreement with La Pue International Inc., respecting a Revitalization Grant to the owner of lands located within the Historic Drummondville Community Improvement Project Area. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Revitalization Grant Amending Agreement made between The Corporation of the City of Niagara Falls as City, and La Pue International Inc. as Owner, respecting a Revitalization Grant by the City to the Owner of the lands located within the Historic Drummondville Community Improvement Project Area, in the form attached hereto, is hereby approved and authorized. 2. The Mayor and City Clerk are hereby authorized to execute the said Revitalization Grant Amending Agreement. 3. The City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Revitalization Grant Amending Agreement. Read a First, Second and Third time; passed, signed and sealed in open Council this 22nd day of March, 2022. .............................................................. ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 743 of 751 This Revitalization Grant Amending Agreement made effective _________ 2022 (the “Effective Date”). BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the “City”) and LA PUE INTERNATIONAL INC. (hereinafter referred to as the “Owner”) WHEREAS: A. The Owner is the registered owner of the lands described in Schedule “A” attached to this Agreement (the “Property”) which are located within the Historic Drummondville Community Improvement Project Area; B. The Owner applied to the City for a Revitalization Grant (the “Grant”) under the City’s Revitalization Grant Program (the “Program”) to assist with the costs of the rehabilitation of the Property following construction of the improvements; C. The City agreed to provide the Grant pursuant to Section 28 of the Planning Act and under By-law No. 2006-227; D. As a condition of the approval of the Grant, the City and the Owner entered into a Revitalization Grant Agreement on or about April 2, 2020 (the “Initial Agreement”); E. Following the execution of the Initial Agreement, the Owner requested that the City enter into an amended and restated agreement to reflect that the Project is to proceed in three phases; F. The parties have agreed to enter into a Revitalization Grant Agreement, dated February 9, 2021, registered as Instrument No. SN666891, (the “Grant Agreement”) to fully replace the Initial Agreement; G. The Owner has requested that the City authorize a revision to the phasing of the improvements set out in the Grant Agreement; and H. The parties have agreed to enter into this Amending Agreement to revise said phasing. NOW THEREFORE IN CONSIDERATION of the City providing the Grant to the Owner and the mutual covenants and promises of the parties in this Agreement, the Owner and the City agree as follows: Page 744 of 751 1. The parties agree that the recitals herein are true and accurate and form part of this Amending Agreement. 2. The Grant Agreement is hereby amended as follows: i. Section 4.2 of the Grant Agreement is hereby repealed a nd replaced with the following: “4.2 The Rehabilitation Works shall consist of three Phases, as follows: (i) Phase 1 shall comprise Building “B” (a residential condominium to a height of 30 storeys or, subject to any required approvals under the Planning Act, a height of not less than 22 storeys) and the underground parking structure; (ii) Phase 2 shall comprise Building “A” (seven-storey mixed-use building); and (iii) Phase 3 shall comprise Building “C” (six-storey hotel), all as depicted on Schedule ‘C’ to this Agreement, subject to such modifications to the Phases as may be approved by the City.” ii. Schedule ‘C’ to the Grant Agreement shall be replaced with the Schedule ‘C’ attached to this Amending Agreement. 3. Save and except as aforesaid, each and every term of the Grant Agreement remains in full force and effect and applies without change to this Amending Agreement. 4. Subject to section 3 hereof, this Amending Agreement constitutes the entire agreement between the parties hereto and supersede all prior agreements, representations, recommendations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter of this Amending Agreement. None of the parties hereto shall be bound or charged with any oral or written agreements, representations, recommendations, warranties, statements, promises, information, arrangements or understandings not specifically set forth in this Amending Agreement. The parties hereto further acknowledge and agree that, in entering into this Amending Agreement and any documents or agreements contemplated by it and in delivering such documents or agreements on or before the execution of this Amending Agreement, they have not in any way relied, and will not in any way rely, on any oral or written agreements, representation, recommendations, warranties, statements, promises, information, arrangements or understandings, express or implied, not specifically set forth in this Amending Agreement. 5. No modifications or amendments to this Amending Agreement may be made unless agreed to by the parties hereto in writing. Page 745 of 751 6. This Amending Agreement may be executed electronically using electronic signature(s) and that such electronic signature(s) will have the same force and effect as a handwritten signature. IN WITNESS WHEREOF the parties have hereunto caused their corporate seals to be affixed and attested to by their proper signing officers duly authorized in that behalf. In the presence of ) THE CORPORATION OF THE ) CITY OF NIAGARA FALLS ) ) ) ) JAMES M. DIODATI, MAYOR ) ) ) ) WILLIAM G. MATSON, CITY CLERK We have authority to bind the corporation. ) La Pue International Inc. ) ) ) ) Name: Pawel Fugiel ) Title: Director I have authority to bind the corporation. 47972712.1 Page 746 of 751 SCHEDULE “A” of a Grant Agreement between the City and the Owner named in this Agreement Legal Description of Owner’s Land PIN: 64349-0257 (LT) Description: LOTS 46, 51, 52, 61, 62, 63, 64 & 65, PLAN 273; VILLAGE OF NIAGARA FALLS; NIAGARA FALLS; PART LOTS 43, 44, 45, PLAN 273; VILLAGE OF NIAGARA FALLS; AS IN R0712797, NIAGARA FALLS; LOTS 48, 49 & 50, PLAN 273, & PART LOT 47, PLAN 273; NIAGARA FALLS, SURFACE ONLY AS IN R0718049; NIAGARA FALLS. Page 747 of 751 SCHEDULE ‘C’ Page 748 of 751 CITY OF NIAGARA FALLS By-law No. 2021 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule “B” and that Schedule “B” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 22nd day of March, 2022. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 749 of 751 SCHEDULE “B” 1. Municipal By-law Enforcement Officers: Paul Brown Jonathan Cook Robert Davis Mike Formica John Grubich Dave Rogers Philip Rudachuk Bart Skiba Brian Sparks Gerald Spencer Heather Stones Salvatore Valeo Dan Wilson Doug Evans Sandro Elia Patrick Vernon In an effort to assist with enforcing emergency orders, a ministerial designation under the Provincial Offences Act was made to authorize the following personnel to enforce the Emergency Management and Civil Protection Act. for Park and Public Facilities Enforcement;  Ron Burley  Scott Jamieson  Troy McConnery  Carrie Luciow  Jeff Thompson  Jason Pirosko for Transit hubs / facilities and for all non-essential travel onboard buses;  Chris Russell  Wayne Hildebrandt  Pankaj Sachdeva  Melissa Lea  Jerry Latondress  Joe Corradi Page 750 of 751 CITY OF NIAGARA FALLS By-law No. 2022 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22nd day of March, 2022. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 22nd day of March, 2022 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and t o affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 22nd day of March, 2022. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 751 of 751