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
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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
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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
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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
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• 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
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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
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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
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•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.
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March 22, 2022
2022 AM Plan Update
Core Assets
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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
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A GREAT CITY…FOR GENERATIONS TO COME
Introduction
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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
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A GREAT CITY…FOR GENERATIONS TO COME
State of Infrastructure
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A GREAT CITY…FOR GENERATIONS TO COME
O.Reg. 588/17
State of Infrastructure
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A GREAT CITY…FOR GENERATIONS TO COME
Asset Inventory & Replacement Costs
State of Infrastructure
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A GREAT CITY…FOR GENERATIONS TO COME
Asset Age & Estimated Life
State of Infrastructure
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A GREAT CITY…FOR GENERATIONS TO COME
Asset Condition
State of Infrastructure
UNKNOWNS
(no install dates,
no condition data)
Catchbasins
Services
Watermains
Curb Stops
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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
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A GREAT CITY…FOR GENERATIONS TO COME
Levels of Service
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A GREAT CITY…FOR GENERATIONS TO COME
What are levels of service?
Levels of Service Level of
Service
Cost of
Service Risk
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A GREAT CITY…FOR GENERATIONS TO COME
O.Reg. required reporting
Levels of Service
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A GREAT CITY…FOR GENERATIONS TO COME
Current Asset Performance –Stormwater
Levels of Service
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A GREAT CITY…FOR GENERATIONS TO COME
Current Asset Performance –Wastewater
Levels of Service
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A GREAT CITY…FOR GENERATIONS TO COME
Risk Management Strategy
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A GREAT CITY…FOR GENERATIONS TO COME
O.Reg. 588/17
Risk Management Strategy Level of
Service
Cost of
Service Risk
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•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
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A GREAT CITY…FOR GENERATIONS TO COME
Risk Matrix –Core Assets
Risk Management Strategy
•Risk Select management strategy
•Prioritize
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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
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A GREAT CITY…FOR GENERATIONS TO COME
Lifecycle Management Strategy
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A GREAT CITY…FOR GENERATIONS TO COME
O.Reg. 588/17
Lifecycle Management Strategy Level of
Service
Cost of
Service Risk
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A GREAT CITY…FOR GENERATIONS TO COME
Lifecycle Management Categories
Lifecycle Management Strategy
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A GREAT CITY…FOR GENERATIONS TO COME
Lifecycle Management Strategies
Lifecycle Management Strategy
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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
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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
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A GREAT CITY…FOR GENERATIONS TO COME
Summary of Lifecycle Needs
All Assets
Lifecycle Management Strategy
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A GREAT CITY…FOR GENERATIONS TO COME
Financing Strategy
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A GREAT CITY…FOR GENERATIONS TO COME
O.Reg. 588/17
Financing Strategy Level of
Service
Cost of
Service Risk
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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
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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
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A GREAT CITY…FOR GENERATIONS TO COME
Improvements & Next Steps
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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
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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
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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
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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.
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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,
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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
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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%
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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
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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
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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.
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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.
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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
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• 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
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• 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Figure 6 Asset Management Planning Framework
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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)
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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.
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Figure 18 City of Niagara Falls Road Network
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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
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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
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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
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PCI Score Urban Road Example Rural Road Example
Very Poor
PCI <49
Allendale Avenue Lyon’s Creek Road / Schisler Road
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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)
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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
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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
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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
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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%
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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
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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
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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
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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
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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
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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
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Figure 24 Wastewater System
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Catchbasin Lead
Material Modelled As Useful
life
Polyvinyl Chloride Plastic 80
Reinforced Concrete Concrete 80
Unknown Unknown/Other 80
Vitrified Clay Unknown/Other 80
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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
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1
1
THE CITY OF NIAGARA FALLS
HOUSING STRATEGY
HOUSING STRATEGY
JANUARY 2022
IN ASSOCIATION WITH
TIM WELCH CONSULTING
APPENDIX 1
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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
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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
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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
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1.2 Project Process
The project is organized into two phases of work, as illustrated below:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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APPENDIX A:
INCLUSIONARY ZONING REGULATIONS IN ONTAR IO Page 64 of 68Page 309 of 751
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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
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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.
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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
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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
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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
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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
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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
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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”
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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)
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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)
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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)
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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
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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.
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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)
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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.
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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
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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
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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
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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
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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.”
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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
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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;
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• 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
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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.
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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.
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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.
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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
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SCHEDULE 1
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SCHEDULE 2
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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A GREAT CITY…FOR GENERATIONS TO COME
Proposal
Hydro Corridor
32 Townhouse
Units
Private Road
11 visitor
parking spaces
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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;
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(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.
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• 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
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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.
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• 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
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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.
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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
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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
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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.”
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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
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Jason Burgess, CAO Approved
- 15 Mar
2022
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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.
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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:
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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
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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.
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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
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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
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Submitted by: Status:
Jason Burgess, CAO Approved
- 15 Mar
2022
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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
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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
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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
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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 $3,277.11 from the McCall MacBain Foundation.
Due to the COVID-19 pandemic, the WonderFalls attraction pass was not available to
purchase in 2020 or 2021.
Attached is the committee’s recommended list of recipients for 2021 with the designated
amounts.
Financial Implications/Budget Impact
The various tourism operators contribute all of the funds raised during the Sleep Cheap
event. Each of the contributing tourism operators receive a receipt for the funds
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collected and contributed to the City. A committee made up of a Councillor, City staff
and tourism operators coordinate the event, collect the funds and determine the
recipients for the monies raised. Attached is the committee’s recommended list of
recipients with the designated amounts. As no funds were generated through 2021
Wonderfalls, no funds will be transferred to the special purpose reserve designated for
improvement of parks and playgrounds in Niagara Falls.
List of Attachments
2021 sleep cheap charity distribution
Written by:
Jon Leavens, Acting Director of Finance
Submitted by: Status:
Jason Burgess, CAO Approved
- 15 Mar
2022
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Charity
Amount
Granted
Bethlehem Housing & Support Services 1,300.00$
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
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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
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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:
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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
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Proposed Parking Restriction Removal
Parking Control Review
Parkway Drive,Breadner Crescent
Ussher Street,Chipman Crescent,
MW-2022-13
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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
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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;
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• 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;
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• 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;
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• 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;
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• 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
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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.
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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.
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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:
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Jason Burgess, CAO Approved
- 16 Mar
2022
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Report of the Ontario Housing Affordability Task Force
February 8, 2022
APPENDIX 1
MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING REPORT
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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]
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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%
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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’
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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.
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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
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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
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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.
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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.
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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
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Jason Burgess, CAO Approved
- 17 Mar
2022
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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
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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
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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.
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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
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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
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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
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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
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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 $6.2 million compared to
February 2021.
Finance staff takes specific collection actions for properties that are subject to registration.
At January 1, 2022, 225 properties were subject to registration for 2022. Table 3
summarizes the progress of these actions after two months of activity. This table shows
68.4% of the tax accounts or 154 properties have been paid in full or the owners have
made suitable payment arrangements. During February, 13 accounts were paid in full.
Page 1 of 4
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Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the
future. During the month of February, four properties were registered. The outstanding
taxes for registered properties represent 0.9% of the total taxes to be collected.
Financial Implications/Budget Impact
Tax arrears as a percentage of taxes billed in a year is a performance measure that
stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due
to its high reliance on commercial assessment, is traditionally higher compared to
municipalities of similar size. The percentage of taxes outstanding to taxes billed as at
February 28, 2022 is 22.5%, which is a decrease of 2021’s value at 27.6%. The
municipality has a record of full collection and earns penalty revenues to offset the higher
measure.
List of Attachments
F-2022-12 - Attachment
Written by:
Jon Leavens, Acting Director of Finance
Submitted by: Status:
Jason Burgess, CAO Approved
- 15 Mar
2022
Page 2 of 4
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TABLE 1
Taxes Receivable
at February 28, 2022 2022 2021
Outstanding Taxes @ January 31, 2022 15,209,867$ 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
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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
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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.
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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
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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
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• 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.
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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.
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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
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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
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City of Niagara Falls
Water Distribution System
Annual Summary Report
Period: January 1, 2021 to December 31, 2021
Waterworks Number: 260002304
Created February 2022
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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DWQMS Management Review
2021
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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
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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
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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.
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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.
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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.
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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
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• 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.
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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
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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
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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.
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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.
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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
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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
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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.
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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).
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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
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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.
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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
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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
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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
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• 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
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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
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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
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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
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SCHEDULE 1
(Location Map)
Page 4 of 7
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SCHEDULE 2
(Block 100)
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SCHEDULE 3
(Block 103)
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SCHEDULE 4
(Block 104)
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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.
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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
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MUSEUMS
&
CULTURE
A N N U A L R E P O R T
F O R 2 0 2 1
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MUSEUMS
2 0 2 1
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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
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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.
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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
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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
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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
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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)
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CULTURE
2 0 2 1
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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
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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
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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
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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
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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.
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FARMERS'
MARKET
2 0 2 1
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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.
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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
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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.
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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
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buildings, or outdoors on public lands. This document provides a vision, purpose and
goals for the City’s relationship with all public art, while specifically addressing
management guidelines and policy for the public art that currently exists.
Visually beautiful cities stimulate a sense of pride and commitment. Through its Public Art
Policy, the City of Niagara Falls strives to create vibrant public spaces that reflect the
diversity of our community and engage its residents and visitors with quality works of
public art.
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
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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.
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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
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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
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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
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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
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